CFPB Updates TRID Rule FAQs to Address Providing a Loan Estimate to Consumers | JD Supra (2024)

CFPB Updates TRID Rule FAQs to Address Providing a Loan Estimate to Consumers | JD Supra (1)

The CFPB recently updated the TRID rule FAQs to address questions about providing a Loan Estimate to consumers. The FAQs mostly confirm guidance previously provided by the CFPB in various forms.

The FAQs focus on the obligation of a creditor to issue a Loan Estimate once the consumer submits the six items of information specified in the definition of “application” applicable to the TRID rule. The six items are the consumer’s name, income and social security number (to obtain a credit report), the property’s address, an estimate of property’s value and the loan amount sought. One FAQ reflects the CFPB’s view that even if the consumer does not intend to apply for a mortgage loan, the submission by the consumer of the six items of information triggers the obligation of a creditor to issue a Loan Estimate:

Is the requirement to provide a Loan Estimate triggered if the consumer submits the six pieces of information in order to receive a pre-approval or pre-qualification letter?

ANSWER

Yes. If a consumer submits the six pieces of information that constitute an application for purposes of the TRID Rule to obtain a pre-approval or pre-qualification letter for a mortgage loan subject to the TRID Rule, the creditor is responsible for ensuring that a Loan Estimate is provided to the consumer within three business days of receipt of the last of the six pieces of information. 12 CFR §1026.19(e)(1)(iii). See comment 2(a)(3)-1. The fact that a consumer submits the six pieces of information to obtain the pre-approval or the pre-qualification letter does not change the obligation to ensure a Loan Estimate is provided. The consumer has submitted the six pieces of information that constitute an application for purposes of the TRID Rule and, thus, the requirement to provide the Loan Estimate has been triggered.

Consumers can be surprised, or even annoyed, when they are not ready to submit an application to a creditor, and then receive a Loan Estimate from the creditor. Creditors should have policies and procedures in place to advise consumers that the creditor must issue a Loan Estimate if the consumer submits the six items of information.

CFPB Updates TRID Rule FAQs to Address Providing a Loan Estimate to Consumers | JD Supra (2024)

FAQs

Under what circ*mstances is a creditor permitted to provide a consumer with an updated loan estimate? ›

Common reasons you may receive a revised Loan Estimate include: The home was appraised at less than the sales price. Your lender could not document your overtime, bonus, or other irregular income. You decided to get a different kind of loan or change your down payment amount.

When must lenders provide the loan estimate to consumers? ›

All lenders must provide a loan estimate within three days of receiving a completed loan application. Lenders who don't follow this requirement can be subject to regulatory action and fines.

When must a bank provide the consumer with the loan estimate? ›

The Loan Estimate tells you important details about the loan you have requested. The lender must provide you a Loan Estimate within three business days of receiving your application.

When must a loan estimate be issued to an applicant in accordance with Trid? ›

Quick Loan Estimate delivery: A lender must issue a Loan Estimate within 3 days of receiving your mortgage application. Borrowers use the Loan Estimate to review a loan's terms and costs and ask the loan originator any additional questions.

What are the triggers for a change of circ*mstance for a loan estimate? ›

Common reasons you may receive a revised Loan Estimate include: The home was appraised at less than the sales price. Your lender could not document your overtime, bonus, or other irregular income. You decided to get a different kind of loan or change your down payment amount.

Which of the following are requirements for providing a loan estimate? ›

What information do I have to provide a lender in order to receive a Loan Estimate?
  • your name,
  • your income,
  • your Social Security number (so the lender can pull a credit report),
  • the property address,
  • an estimate of the value of the property, and.
  • the desired loan amount.
Apr 3, 2024

How long does a lender have to provide a loan estimate? ›

Once you've submitted your six key pieces of information, each lender is required to send you a Loan Estimate within three business days. Allow a few extra days for mail delivery if the lender is using postal mail. If you haven't received a Loan Estimate within that timeframe, call the lender and ask why.

Do all borrowers have to receive the loan estimate? ›

If there is more than one consumer the Loan Estimate may be provided to any consumer who is primarily liable on the obligation. If one consumer is merely a surety or guarantor then the Loan Estimate must be given to the principal debtor.

Can a lender require a sales agreement before providing a loan estimate? ›

You do not need to have a signed purchase contract in order to apply for a mortgage loan and receive a Loan Estimate.

When must a creditor provide a loan estimate before consummation? ›

The creditor must ensure that the consumer receives the revised Loan Estimate no later than four business days prior to consummation.

Which of the following may be collected from the consumer prior to issuing a loan estimate? ›

The only fee a lender can ask you to pay prior to providing a Loan Estimate is a fee for obtaining your credit report.

What is the 3 day disclosure rule for loan estimate? ›

What is the TRID rule? The TRID rule requires lenders to provide two disclosure documents to lenders: a loan estimate and a closing disclosure. Because each document must be timed to give the borrower three days to look it over, it's sometimes referred to as the “three-day rule.”

Is a loan estimate required by law? ›

As you begin the mortgage process, lenders are required to deliver a Loan Estimate to you within three days of your loan application.

At what time must a lender provide a loan estimate of likely borrower settlement costs to the borrower as required by the TILA respa integrated disclosure rule? ›

The Loan Estimate replaced the RESPA Good Faith Estimate (GFE) and the early Truth in Lending disclosure. The rule requires creditors to deliver or place in the mail the Loan Estimate no later than three business days after the consumer submits a loan application.

When must the loan estimate form required by the Trid rule be delivered to quizlet? ›

Once the six pieces of information are received the loan estimate must be delivered within 3 business days of receiving the application. If the consumer withdraws the application within that period, the creditor does not have to provide the Loan Estimate.

When must a creditor provide a revised loan estimate? ›

A revised Loan Estimate must be provided within 3 business days of receiving information sufficient to establish a changed circ*mstance.

Under which of the following circ*mstances is a creditor prohibited from issuing a revised loan estimate? ›

Section 1026.19(e)(4)(ii) imposes timing restrictions on the provision of revised Loan Estimates. Specifically, § 1026.19(e)(4)(ii) states that the creditor shall not provide a revised Loan Estimate on or after the date on which the creditor provides the Closing Disclosure.

What are the conditions and deadlines for delivering a revised loan estimate? ›

When mortgage terms change, revised loan estimates must be provided to borrowers three business days before the revised closing date. It is essential to use loan origination software to meet revised loan estimate requirements quickly. Lenders may incur penalties if revised loan estimates are not sent when required.

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