where to disclose attorney doc prep fee in le

by Major McLaughlin 8 min read

TRID TIP: Our Attorney Doc Prep fee will be disclosed under Section B. Services You Cannot Shop For. Since the attorney’s doc prep fee is not retained by the bank, it cannot be listed in the Origination Charges section on the Loan Estimate.

It appears that CFPB will now allow our doc prep fee to be disclosed in Section B of the LE under “Services You Cannot Shop For”.

Full Answer

What must the partial payment disclosure be included in?

mortgage transfer disclosureThe partial payment disclosure must be included in the mortgage transfer disclosure under the subheading “Partial Payment.” In its commentary to the TRID rulemaking, the CFPB indicates that “[a] covered person may utilize the format of the disclosure illustrated by form H-25 of Appendix H [the Closing Disclosure]”of ...Jun 9, 2015

What financial information is not required to be listed on the Le?

What financial information is NOT required to be listed on the LE? The name of the entity servicing the loan is not a required disclosure in the LE Statement.

What is on page 3 of the closing disclosure?

Total upfront costs associated with your loan and real estate transaction, excluding your down payment. This is different from the actual amount of money you have to bring to closing, which is called “Cash to Close” on page 3. A rebate from your lender that offsets some of your closing costs.

What fees are included in the APR?

Mortgage lenders generally include the following fees in their APR calculations:Discount points.Mortgage broker fees.Transaction fees.Mortgage insurance.Application and processing fees.Legal fees.Origination fees.Mortgage underwriter fees.More items...•Oct 6, 2020

Can a fee be charged for a closing disclosure?

It can include an appraisal fee, credit report fee, flood determination fee, tax monitoring fee and tax status research fee. Check to be sure that these fees match the fees listed on your Loan Estimate. The costs should also be similar, though they might have changed slightly.

Is consummation the same thing as closing or settlement?

Consummation is not same as closing or settlement. (See page 51 of the CFPB's "Small Entity Compliance Guide" for the bureau's discussion on consummation.) Consummation is the date that a consumer becomes contractually obligated to the creditor on the loan (i.e., the day they sign the note).Aug 5, 2014

What is on page 4 of the closing disclosure?

The final cash to close figure should match the one on the first page of the disclosure. Page 4: This section tells you what your late fee will be and whether your lender accepts partial payments. Information about your loan's escrow account – odds are you have one – is also on this page.Apr 6, 2021

What is on page 1 of the closing disclosure?

The first page of the Closing Disclosure is almost identical to Page 1 of Loan Estimate. It describes the: • Loan terms • Loan amount • Interest rate • Monthly P&I, and • Any prepayment penalty or balloon payment. This page also provides the projected payments over the life of the loan.

Is closing Disclosure final?

A Closing Disclosure is a five-page form that provides final details about the mortgage loan you have selected. It includes the loan terms, your projected monthly payments, and how much you will pay in fees and other costs to get your mortgage (closing costs).Sep 12, 2017

Which of the following fees is not included in the calculation of the finance charge for a mortgage?

Fees charged for real estate-related services, such as appraisal, are not included in the finance charge if they are reasonable, are not charged by affiliates, and the creditor does not receive a direct or indirect fee for those services.

Are appraisal fees included in APR?

The following fees are normally not included in the APR: Title or abstract fee. Attorney fee. ... Appraisal fee.

What is the difference between APR and APY?

The Difference Between APR and APY But APR measures the interest charged, and APY/EAR measures the interest earned. APR is usually associated with credit accounts. The lower the APR on your account, the lower your overall cost of borrowing might be. ... The higher the APY on your account, the higher your earnings might be.Jul 1, 2021

APR on the Closing Disclosure

Regarding the APR on the Closing Disclosure: our ARM rates are set at application. Our Note provides for a 45-day look-back for rate changes.

Tolerance Violation-Recording Fees

If Recording fees were not disclosed on the Loan Estimate, but these fees were charged on the Closing Disclosure, is this a tolerance violation if the accumulative total does not exceed the disclosed fees for the 10% category?

CD Issued More than 3 Days Prior to Closing Date?

Is it permissible to issue a closing disclosure to a mortgage borrower more than 3 days prior to the closing date?

Transfer Escrow on LE and Closing Disclosure

We are refinancing an in-house loan, and want to transfer the escrow account. The customer has approved it, but how do we show it on the loan estimate and the closing disclosure?

Appraisal Waiver from a GSE (DU)

When you get an appraisal waiver from a GSE (DU) do you put appraised value or estimated value on closing disclosure?

Estimated Value on Loan estimate for Construction

If I used an estimated value on a loan estimate for a construction loan where the customer already owns the land and no appraisal or valuation has been completed, will I use that same estimated value on the closing disclosure or can it be updated to the appraised value?

Revised CD After Consummation

We had a mortgage loan, a refinance, subject to TRID and we charged a Title Insurance fee upfront on the Loan Estimate of $765 and it was actually a Title Search for $50. The Closing Disclosure was not changed either. How do I complete a revised CD after consummation; Do I just refund the $715 or do I need to complete a revised CD?

What is consummation in Texas?

“Consummation” is the day on which the borrower becomes contractually obligated on a credit transaction. (Reg. Z §1026.2(a)(13)) In Texas, the applicant becomes contractually obligated on the day of closing. Therefore, Texas treats consummation as the day of closing, even on refinances or home equity loans where funding occurs 3 days after closing.

When is the new TRID rule effective?

The new TRID rule is effective for mortgage applications received on or after October 3, 2015. Mortgage applications received on or before October 2, 2015 will use the previous disclosures. Mortgage applications received on or after October 3, 2015 will use the new TRID disclosures.

Who must receive a copy of the LE/CD?

Each consumer who has the “right to rescind” under Federal law must receive a separate copy of the LE/CD. If the loan is not rescindable, the creditor may provide the disclosures to any consumer who is primarily liable on the obligation.

Can a creditor require documents before a LE is issued?

creditor cannot require documents until the LE has been issued and the borrower has given their intent to proceed. However, if the applicant requests a pre-approval, they can voluntarily provide information necessary for the pre-approval.

Can addendums be used for consumer information?

Yes. An Addendum may be used when required information for each consumer and selle r does not fit in the space provided. The Addendum should comply with model forms. The CFPB has not released a sample addendum yet. (Reg. Z

Do you have to disclose escrow amount?

Yes. The creditor must disclose the projected escrow amount even if the creditor is setting up an escrow account. This is true even if the creditor is creating a second lien and the first lien holder has already established an escrow account.

Is there a remedy for a creditor not providing a loan estimate within 3 business days of application?

The answer to this question remains unclear. The creditor’s failure to provide the Loan Estimate within 3 business days of application is a violation and there is no remedy in the TRID rule.

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