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Moving People Into Homessm
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For Over 30 Years!
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Truth-In-Lending
(TIL) |
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MDIA
Disclosure Requirements |
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Updated:
September 24, 2009. This replaces all previous MDIA
communications. |
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Summary
of MDIA: The Federal Reserve Board has published
final amendments to Regulation Z to implement the
requirements of the Mortgage Disclosure Improvement
Act (MDIA), which was passed as part of the Housing
and Economic Recovery Act of 2008 (HERA). |
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- Effective
Date and Applicability: These new rules
are effective for applications taken on or after
July 30, 2009, and they apply to all closed-end
transactions, regardless of loan purpose or lien
position, involving a borrower’s principal
or secondary dwelling(s). Investment properties
are excluded.
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- Collection
Of Fees - Restriction:
Other than a reasonable credit report fee,
the originator, lender, nor any other person (including
an appraiser or appraisal management company)
may collect a fee from the borrower before the
borrower receives the initial disclosures. If
the initial disclosures are mailed to the borrower,
the borrower is deemed to have received the disclosures
three business days after they are placed in the
mail.
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- Early
TIL: The initial or early Truth-In-Lending
(TIL) disclosure must now be provided to the borrower(s)
for all closed-end transactions, regardless of
the loan purpose or lien postion. This includes
but is not limited to purchase money loans and
refinances; first lien and subordinate lien loans;
and principal dwellings as well as second homes.
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- 3
Day Rule - Initial (Early) Disclosures: The
existing requirement that initial disclosures
be sent to the borrower(s) within the three days
of application remains virtually unchanged with
the exception that the MDIA now applies to the
initial (early) disclosure requirement to refinance
transaction in addition to purchase money loans.
For purposes of providing the initial (early)
TIL disclosure a "Business Day" is any
day except Saturday, Sunday and federal holidays.
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- 7
Day Rule: Under the MDIA requirements,
the loan cannot close earlier than the seventh
(7th) business day after the early TIL is delivered
or placed in the mail to the borrower(s). For
purposes of calculation this waiting period, "Business
Days" mean any day other than Sunday or the
statutory federal legal public holidays (the same
definition used today to determine what is counted
as a "rescission day" under Regulation
Z).
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- APR
Change Outside Tolerance/Corrected Disclosure
and Waiting Period: If the APR disclosed
on the early TIL later increases or decreases
outside the of the tolerance levels in Regulation
Z Section 226.22 (see Seconday Market Requirements
below), a corrected TIL must be RECEIVED by the
borrower(s) no later than three (3) business day
before the signing the closing documents. If the
corrective TIL is mailed (including any form of
mail,or courier, including overnight delivery)
the lender (Sierra Pacific Home Loans, Inc.) must
allow an extra three business days after the mailing
date, in addition to the three business days for
borrower(s) review, before signing of the closing
documents. For purposes of calculation this waiting
period, "Business Days" mean any day
other than Sunday or the statutory federal legal
public holidays (the same definition used today
to determine what is counted as a "rescission
day" under Regulation Z).
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- APR
Change Waiting Tolerance and Other TIL Charges:
Within tolerance APR changes, or any other changes
to the early TIL still require a final TIL, which
can be given to the borrower at the time of signing
closing documents, with no three business day
waiting period.
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Secondary
Market Requirements: In order for a loan
to be sold into the secondary market the following
requirements must be meet. |
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- APR
tolerance for Corrected Disclosure is .125% increase
or decrease in APR.
- Waiting
period(s) will not be waived.
- Email
delivery of disclosures is not allowed.
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Sierra
Pacific Home Loans, Inc. is a Fannie Mae, Freddie Mac, FHA, VA,
USDA Rural Development Loans, California Housing Finance Agency,
California Public Employees Retirement System Member Home Loan Program,
California State Teachers Retirement System Home Loan Program, major
banks and other mortgage investors lender. |
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Copyrighted
1994-2008 Sierra Pacific Home Loans, Inc.
7480 North Palm Avenue, Suite 103, Fresno, CA 93711-5729
(888) 478-3727 - (559) 224.3300 - (559) 224-0961 Fax
Real Estate Broker Lic # 00745743, California Dept of Real Estate
Consumer Finance Lender Lic # 607-0373, California Dept. of Corporations |
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