Skip to content
BOL Conferences
Thread Options
#2169536 - 03/22/18 01:49 PM Loan Estimate need to be redisclosed..
PegH Offline
Member
Joined: Jul 2016
Posts: 61
I am kinda new to this whole TRID, if we issued a Loan Estimate in January and there was some problems with the deed which delayed the loan closing until March, nothing changed fees, rate etc. do we have to reissue a loan estimate due to the delay?

Return to Top
Lending Compliance
#2169542 - 03/22/18 01:57 PM Re: Loan Estimate need to be redisclosed.. PegH
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,873
Bloomington, IN
No. You would only need to issue a revised LE if any fees changed that put them outside the applicable tolerance and you wanted to recoup the increase. You would have to issue the revised LE within 3 business days of learning of the valid changed circumstance.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#2169577 - 03/22/18 03:51 PM Re: Loan Estimate need to be redisclosed.. PegH
Adam Witmer Offline
Power Poster
Joined: Sep 2010
Posts: 2,707
I view it this way: The only time you must redisclose an LE is when you lock a rate when it had been floating. You can reissue an LE any time you want under two circumstances: First, you can reissue it as a courtesy any time you want (which I personally don't recommend). Secondly, you can reissue an LE if you want to change your fees due to a changed circumstance affecting settlement charges, changed circumstance affecting eligibility, revisions requested by the consumer, the expiration of fees without the consumer's intent to proceed, and certain instances in delayed settlement date on a construction loan. Practically speaking, most just worry about the rate lock issue (if that even applies to the financial institution) and the changed circumstance.

This can be found in 1026.19(e)(3) as follows:

(iv) Revised estimates. For the purpose of determining good faith under paragraph (e)(3)(i) and (ii) of this section, a creditor may use a revised estimate of a charge instead of the estimate of the charge originally disclosed under paragraph (e)(1)(i) of this section if the revision is due to any of the following reasons:

(A) Changed circumstance affecting settlement charges. Changed circumstances cause the estimated charges to increase or, in the case of estimated charges identified in paragraph (e)(3)(ii) of this section, cause the aggregate amount of such charges to increase by more than 10 percent. For purposes of this paragraph, “changed circumstance” means:

(1) An extraordinary event beyond the control of any interested party or other unexpected event specific to the consumer or transaction;

(2) Information specific to the consumer or transaction that the creditor relied upon when providing the disclosures required under paragraph (e)(1)(i) of this section and that was inaccurate or changed after the disclosures were provided; or

(3) New information specific to the consumer or transaction that the creditor did not rely on when providing the original disclosures required under paragraph (e)(1)(i) of this section.

(B) Changed circumstance affecting eligibility. The consumer is ineligible for an estimated charge previously disclosed because a changed circumstance, as defined under paragraph (e)(3)(iv)(A) of this section, affected the consumer's creditworthiness or the value of the security for the loan.

(C) Revisions requested by the consumer. The consumer requests revisions to the credit terms or the settlement that cause an estimated charge to increase.

(D) Interest rate dependent charges. The points or lender credits change because the interest rate was not locked when the disclosures required under paragraph (e)(1)(i) of this section were provided. No later than three business days after the date the interest rate is locked, the creditor shall provide a revised version of the disclosures required under paragraph (e)(1)(i) of this section to the consumer with the revised interest rate, the points disclosed pursuant to § 1026.37(f)(1), lender credits, and any other interest rate dependent charges and terms.

(E) Expiration. The consumer indicates an intent to proceed with the transaction more than ten business days after the disclosures required under paragraph (e)(1)(i) of this section are provided pursuant to paragraph (e)(1)(iii) of this section.

(F) Delayed settlement date on a construction loan. In transactions involving new construction, where the creditor reasonably expects that settlement will occur more than 60 days after the disclosures required under paragraph (e)(1)(i) of this section are provided pursuant to paragraph (e)(1)(iii) of this section, the creditor may provide revised disclosures to the consumer if the original disclosures required under paragraph (e)(1)(i) of this section state clearly and conspicuously that at any time prior to 60 days before consummation, the creditor may issue revised disclosures. If no such statement is provided, the creditor may not issue revised disclosures, except as otherwise provided in paragraph (f) of this section.
_________________________
Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.
www.compliancecohort.com

Return to Top

Moderator:  Andy_Z