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RESPA/TILA Integration

Part II: Closing Disclosure and Action Plan 

(Including Closing Disclosure Table)


 

Commentary and Analysis

December 22, 2014
EXCERPTS
General Requirements
Consummation

ARTICLES



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This second in a four-part White Paper series details the features of the Closing Disclosure. I also provide an Action Plan.  

 

Accompanying this article is a Closing Disclosure Table that may be used for certain itemized categories and action requirements. The table outlines the types of areas of interest in many of the routine requirements of the Closing Disclosure process. Rather than a before-and-after, comparative analysis, the Closing Disclosure Table provides the requirements with the compliance effective date of August 1, 2015.

 

The first part of the series introduced the RESPA/TILA Integration and treated the numerous features of the Loan Estimate. The third part will be a detailed analysis of the Loan Estimate. The fourth part will provide an in depth scrutiny of the Closing Disclosure.

 

In the other articles of this four-part series, I will provide charts, tables, form specimens, and annotations for applicable categories and action requirements relating to the RESPA-TILA Integration.  

 

The full series, and accompanying charts, tables, and form specimens, are being published in National Mortgage Professional Magazine. The December edition contains a complete section devoted to the Closing Disclosure Table.

 

As a courtesy to our subscribers, we have arranged a free subscription to the e-Edition of the National Mortgage Professional Magazine.

 

I hope you enjoy the White Paper and accompanying Closing Disclosure Table.

 

Best wishes to our clients, colleagues, and subscribers for a joyous Holiday Season and New Year!


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EXCERPT
 
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If the loan requires a Loan Estimate, creditors must also provide the Closing Disclosure, to be received by the consumer no later than three business days before consummation of the loan.

 

A practical way to view the Closing Disclosure is as a consolidation of the HUD-1 and the final TIL disclosure, containing additional elements. There are four rudimentary requirements of the Closing Disclosure.

EXCERPT
 
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Because the three-day waiting period rule uses "consummation" as the triggering event, we have often been asked for the difference between consummation and closing or settlement.

 

Actually, consummation may commonly occur at the same time as closing or settlement, but it is a legally distinct event. Consummation occurs when the consumer becomes contractually obligated to the creditor on the loan, not, for example, when the consumer becomes contractually obligated to a seller on a real estate transaction. 


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