I suppose if you were not in the real estate, mortgage financing, appraisals or any other service or entity that deals with the real estate economy, you would be impressed with this new Federal Law. I mean we always believe what we read, right?
Altering a variety of rules with the HERA ((Housing and Economic Recovery Act of 2008) and with the MDIA (Mortgage Disclosure Improvement Act), the most recent federal law was just passed and became law on July 30, 2009. These two Acts directly affect the Truth in Lending and Good Faith Estimate which are given to borrowers when they apply for a home loan.
Though the recent addition of the Federal Laws give the borrower more time to read and review their Truth in Lending and Good Faith Estimate this is possibly the only positive aspect of the new law. Since many buyers were not aware of their terms when applying for a mortgage, such as APR ( annual percentage rate), length of loan, fixed rate vs. variable rate, the new law gives the buyer seven days to review these documents. Oh, I won’t argue this. Typical buyers, a category in which I am included, did not fully comprehend the terms of their home loans when they entered into their agreements.
One issue that makes things more complicated is if the Annual Percentage Rate either increases or decreases by 1/8% while the loan approval is still pending, you will have to delay a minimum of 3 business days before you can close the escrow on your home. Any adjustments in the fees for your title work will also result in new documents being required and a new three-day waiting period will begin. If the buyer does not “lock” their interest rate this scenario could very well happen.
A new three-day period will also be triggered by any adjustment whatsoever in factors such as whether the loan has equal payment intervals or requires a balloon payment, whether it has a fixed rate or is variable, or whether mortgage insurance is required or not.
Who comes up with these rules? It makes one wonder if anyone had put any thought at all into how these new practices could impact the housing market.` “Time is of the Essence” always remained the most critical saying in real estate. As a multitude of properties are now in the hands of banks, that concept has lost its importance.
Since homes takes 4, 5, 6 months or longer to close escrow in today’s market, you say to yourself, what’s another 3 to 7 business days? But, with the ever-changing nature of the fees for title work, and the fact that rate locks typically can be done only for 30-45 day periods, the new regulatory scheme is very likely to be little more than a hindrance to swiftly closing real estate transactions for borrowers.
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