Changes After the Closing Disclosure Is Issued (2024)

Sometimes loan terms or fees change before closing, but after the lender has provided the Closing Disclosure (CD) to the borrower. Lenders should be aware that the TRID rules do not permit a revised Loan Estimate (LE) to be provided after the CD has been provided.

If a CD has been provided then the borrower must receive a revised CD that reflects any such changes. For example, if the loan amount changes after the CD is provided then a revised CD must be provided showing that change; a revised LE is not permitted.

When the lender provides the borrower with a revised CD, it would be a best practice for lender to fully document the reason why the revised CD was provided, for example a changed circ*mstance or a borrower requested change.

If a revised CD is provided, a new three (3) day waiting period may or may not be required. A new 3-day waiting period before closing (from the date the borrower receives the revised CD) is required only if 1) the APR varies by more than 1/8 of one percentage point, OR 2) a prepayment penalty is added, OR 3) the loan product has changed. If none of those 3 conditions apply, then the revised CD may be received by the borrower at or before closing.

If a revised CD is necessary and an additional 3-day waiting period is not required, it would be a best practice to provide the borrower with the revised CD before closing and/or clearly inform them of the changes before closing in order to help assure that the borrower is aware of and understands the changes that were made.

Please check with your compliance officer and/or investor to determine if they have any additional requirements or overlays regarding providing a revised CD.

Also note that the regulations permit the borrower to inspect the CD (or the revised CD) one business day before closing if they ask to do so. This mirrors the existing HUD-1 rules - the borrower had the right to inspect the HUD-1 document one business day before closing if they request it.

We reiterate for emphasis that in no event should the lender re-disclose the LE once a CD has been provided to borrower. If you have any questions, please email compliance@docsdirect.com.

Changes After the Closing Disclosure Is Issued (2024)

FAQs

Changes After the Closing Disclosure Is Issued? ›

Yes, the Closing Disclosure form can change after signing. These changes can be due to adjustments in prorations, title fees, or other costs. If there are significant changes, a new disclosure will be required and the closing may be delayed.

What can change after closing disclosure? ›

Costs that can change after you sign a closing disclosure

Recording fees. Pest inspection fee. Survey fee. Title insurance.

What is the next step after closing disclosure? ›

After the final closing disclosure, the next step is closing day. On this important day, you'll sign paperwork and receive the keys to your new home. Following the closing, there are a few steps that need to be completed like recording the deed, updating utilities and your address, and moving in.

When must a revised closing disclosure be issued? ›

A revised Closing Disclosure may be delivered at or before consummation reflecting any changed terms, unless: The disclosed APR becomes inaccurate. The Loan Product changes – prior Closing Disclosure becomes inaccurate. A Prepayment penalty is added.

Does closing disclosure mean final approval? ›

Receiving a Closing Disclosure is a significant milestone in the loan process, but it does not automatically mean your loan is approved.

Can you do a change of circ*mstance on a closing disclosure? ›

If a changed circ*mstance is required, the Closing Disclosure will need to be redone. This could delay your closing, so you'll want to contact your lender and title company to make any of the necessary changes immediately.

Can mortgage fall through after closing disclosure? ›

Your lender is bound by law to stick to your contract. After closing, your lender cannot go back on the arrangement they have made with you. Your loan can be denied anytime from the point of application to the point of closing.

What is the 3 days after closing disclosure? ›

For traditional mortgages, the most noticeable is the three business-day waiting period between receiving your closing disclosure and the consummation date (often known as your closing day). This three business-day rule was introduced in October of 2015, and it applies to both original mortgages and refinancing.

How many days after closing disclosure can you close? ›

Thus, disclosures must be delivered three days before closing, and not 72 hours prior to closing. Note: If a federal holiday falls in the three-day period, add a day for disclosure delivery.

Do you have to wait 3 days after closing disclosure? ›

According to the Consumer Financial Protection Bureau's final rule, the creditor must deliver the Closing Disclosure to the consumer at least three business days prior to the date of consummation of the transaction.

Is the closing disclosure the last step? ›

No, a closing disclosure is not the same as final approval. It is a document that outlines the terms of your mortgage loan, including the interest rate, fees, and other charges. You will still need to go through the underwriting process and receive final approval before closing on your loan.

What to do if closing disclosure is wrong? ›

If you find an error in one of your mortgage closing documents, contact your lender or settlement agent to have the error corrected immediately.

What triggers a new closing disclosure? ›

If the overstated APR is inaccurate under Regulation Z, the creditor must ensure that a consumer receives a corrected Closing Disclosure at least three business days before the loan's consummation (i.e., the inaccurate APR triggers a new three-business day waiting period).

Can closing costs change after closing disclosure? ›

Some costs on the closing disclosure are allowed to change, while others cannot. Lenders can't deliberately understate your costs and then raise the prices at closing time. In general, if any of the following was changed from your loan estimate or looks unfamiliar, contact your lender and ask for an explanation.

What does it mean when you receive a closing disclosure? ›

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).

What happens after final closing disclosure? ›

After reviewing your Closing Disclosure, you can look forward to a final walkthrough of the home and closing day itself. Receiving your Closing Disclosure basically indicates you're almost there, but not quite done with the mortgage process. Your loan officer may check your credit again before the mortgage closes.

What can change between loan estimate and closing disclosure? ›

As your closing date may be changed, the amount of interest you will need to pay for your first month of homeownership will depend on how many days are left in the month. Homeowner's insurance: Your homeowner's insurance amount can also change between the Loan Estimate and Closing Disclosure.

What qualifies as a valid change of circ*mstance? ›

“Changed circ*mstance” is a term defined in Regulation Z to include three scenarios: (1) an extraordinary event beyond any party's control, such as a natural disaster; (2) when the lender relied on specific information to complete the disclosure and that information later becomes inaccurate or changes after the ...

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