I suppose if you were not in the real estate, mortgage financing, appraisals or any other service or entity that deals with the real estate economy, you would be impressed with this new Federal Law. I mean we always believe what we read, right?
Altering a variety of rules with the HERA ((Housing and Economic Recovery Act of 2008) and with the MDIA (Mortgage Disclosure Improvement Act), the most recent federal law was just passed and became law on July 30, 2009. Those pieces of legislation impacted both the Truth in Lending disclosures and the Good Faith Estimate provided to mortgage applicants.
Though the recent addition of the Federal Laws give the borrower more time to read and review their Truth in Lending and Good Faith Estimate this is possibly the only positive aspect of the new law. The new law offers the purchaser seven days to go through these documents, because a number of purchasers did not know the terms when they applied for a mortgage, including length of loan, APR (annual percentage rate), or variable rate vs. fixed rate. This is not where my dispute lies. In signing the many mortgage documents, myself and the majority of purchasers did not have a clear understanding.
One issue that makes things more complicated is if the Annual Percentage Rate either increases or decreases by 1/8% while the loan approval is still pending, you will have to delay a minimum of 3 business days before you can close the escrow on your home. Any adjustments in the fees for your title work will also result in new documents being required and a new three-day waiting period will begin. If the buyer does not “lock” their interest rate this scenario could very well happen.
Loan types vary, and the waiting period will be reset if the loan switches from “Fixed” to “Balloon”, or “Fixed and “ARM”. ARM refers to interest to amortized 3/1 ARM to a 5/ARM–or conventional loans with or without standard Mortgage Insurance.
Who comes up with these rules? It makes one wonder if anyone had put any thought at all into how these new practices could impact the housing market.` “Time is of the Essence” always remained the most critical saying in real estate. As a multitude of properties are now in the hands of banks, that concept has lost its importance.
What difference does another 3 to 7 business days make, when homes require 4 to 6 months or even longer to close escrow nowadays? But, with the ever-changing nature of the fees for title work, and the fact that rate locks typically can be done only for 30-45 day periods, the new regulatory scheme is very likely to be little more than a hindrance to swiftly closing real estate transactions for borrowers.
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Tags: Family, finance, home improvement, investment, other, real estate
