Integrated Disclosures : A Crash Course

A recent study by Nationwide Economics shows the housing market is stronger than it has been in the past 14 years. Confidence in the economy continues to improve as more

people are able to find work. As people began feeling more positive about their financial future, they are returning to the pursuit of one of their most significant life-long goals: home ownership. More than half of home buyers each month are first-time buyers. Part of the Consumer Financial Protection Bureau's (CRPB) ongoing effort to protect the public and help them realize their financial goals is the implementation of the TILA-RESPA Integrated Disclosure. It is part of your responsibility as an adviser and real estate agent to clearly explain the new rule in an easy-to-understand manner.

Purpose of the TILA-RESPA Integrated Disclosure rule

The Consumer Protection Act directed the CFPB to establish forms that would combine disclosures for people when they apply for a mortgage. This covers forms required by the Truth in Lending Act, also known as Regulation Z, and the Real Estate Procedures Act, known as Regulation X. In the past, many home buyers were confused and overwhelmed by the amount of paperwork quickly forced on them by unethical people in the lending industry. This led to predatory lending practices and many people with mortgages on their homes that they could not afford to repay. It was a key contributor to the housing market collapse. The TILA-RESPA Integrated Disclosure Rule is meant to simplify and improve the method of supplying information to home buyers. Providing information to borrowers about their rights and responsibilities in clear language empowers borrowers and gives them more opportunity to make informed decisions they will feel good about for many years.

What the rule does

A new form called a Loan Estimate replaces the form required by the Truth-in-Lending Act (TILA) and the Good Faith Estimate required by RESPA. If the borrower is working with a mortgage broker, the actual lender is still responsible for making sure the borrower receives their Loan Estimate. The Integrated Disclosures rule applies to practically all closed-end consumer mortgages, but not to reverse mortgages, loans secured by a mobile home or other residence that is not attached to real property, equity lines of credit, or loans made by creditors who make five or less mortgages a year. With the exception of charging for the cost of a credit check, lenders can not charge borrowers any fees until the borrower has received their Loan Estimate and made the decision to proceed with the loan process.  

The Loan Estimate

Lenders are required to provide consumers with a Loan Estimate when that consumer has given the lender the following information: The consumer's name, social security number, and income. The property address, estimate of value for the property, and the loan amount the borrower seeks. The TILA-RESPA Integrated Disclosures Rule removes other information, called "other relevant information" that was allowed under RESPA. Lenders may collect any additional information needed for extending credit after they have provided the Loan Estimate upon receiving the initial six pieces of consumer information.

The Closing Disclosure

This new document replaces the final document required by the TILA and the HUD-1 settlement statement that has always been required by RESPA. The new Closing Disclosure is five pages and provides consumers with the actual terms of their purchase transaction. The consumer has three days to review the Closing Disclosure before the loan is finalized. If the Closing Disclosure is mailed to the borrower instead of hand-delivered, the three day review period begins three days after it was mailed. The Closing Disclosure must reflect all actual cost of the transaction. If there are any changes in amounts prior to or after the closing, the lender must provide the borrower with a corrected Closing Disclosure with the actual amounts. All amounts must be documented in writing and not delivered verbally.