Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

TRID: New Mortgage Disclosure Rules Take Effect

Author: Scarinci Hollenbeck, LLC

Date: October 13, 2015

Key Contacts

Back

The new Truth in Lending Act-Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule went into effect on October 3, 2015.

If your business is not fully prepared to comply with the new disclosure requirements, time is of the essence.

TRID

TILA-REPSA Rule Compliance & TRID

Under the TRID Rule, mortgage lenders must use new forms that combine the mortgage disclosures required under the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act of 1974 (RESPA). In contrast to prior template forms, the new documents require greater customization and detailed information regarding the specific loan transaction.

The new integrated disclosures under the TRID rule apply to most closed-end consumer mortgages. The rule does not apply to home equity lines of credit (HELOCs), reverse mortgages, or mortgages secured by a mobile home or by a dwelling that is not attached to real property.

The Good Faith Estimate (GFE) and the initial Truth-in-Lending disclosure are combined into a new form, known as the Loan Estimate. These disclosures are intended to help consumers in understanding the key features, costs, and risks of the mortgage loan and must be provided to consumers no later than the third business day after they submit a loan application

The HUD-1 and final Truth-in-Lending disclosure have been combined into another new form, the Closing Disclosure. It designed to provide disclosures that will be helpful to consumers in understanding all of the costs of the transaction and comparing loans from different lenders. The Closing Disclosure must be provided to consumers at least three business days before consummation of the loan.

Other stipulations of TRID Rule

The TRID Rule also contains new record keeping obligations. In general, lenders must retain evidence of compliance for three years after the later of consummation or the date a disclosure is required. The final Closing Disclosure, however, must be retained for five years after loan consummation by the creditor. In addition, although the disclosures may delivered by other entities, such as mortgage brokers, lenders retains liability for ensuring that the documents are provided in accordance with the rule.

The sweeping changes mandated by the TRID Rule represent one of the most significant regulatory overhauls of the mortgage industry in decades. The new documents are very different from what banks are currently using. To implement the changes, most lenders must not only revise their forms, but also significantly amend their business processes, technology requirements, lending policies and procedures, contracts with service providers, and employee training. Accordingly, compliance not only requires careful planning, but also significant resources.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Failing to Comply With NJ Rent Control Exemption May Prove Costly post image

Failing to Comply With NJ Rent Control Exemption May Prove Costly

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing.  A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]

Author: Patrick T. Conlon

Link to post with title - "Failing to Comply With NJ Rent Control Exemption May Prove Costly"
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!