TRID 3 Day Closing Disclosure Rule Explained (2024)

Table of Contents
TRID Calendar Legal Citation FAQs

TRID, an acronym for TILA-RESPA Integrated Disclosure, refers to a set of rules and forms designed to streamline and clarify the mortgage process for homebuyers in the United States. Implemented by the Consumer Financial Protection Bureau (CFPB), TRID is a consolidation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA). Its primary aim is to make mortgage terms, costs, and risks clearer to consumers.Key Elements of TRID:

  • Loan Estimate Form: Replaces the initial Truth-in-Lending disclosure and the Good Faith Estimate. It must be provided to borrowers within three business days of submitting a mortgage application. This form summarizes key loan terms, estimated loan and closing costs, and other critical information.
  • Closing Disclosure Form: Replaces the final Truth-in-Lending statement and the HUD-1 Settlement Statement. It must be provided to the borrower at least three business days before closing. This document finalizes the loan terms and closing costs, allowing borrowers to review final details before concluding the mortgage process.

When TRID Applies:

  • Mortgage Types: TRID rules generally apply to most closed-end consumer mortgages. This includes most home purchase loans, refinances, and construction loans. However, it does not apply to HELOCs (Home Equity Lines of Credit), reverse mortgages, or mortgages secured by a mobile home or by a dwelling not attached to real property (land).
  • Lenders and Financial Institutions: All lenders and financial institutions that offer mortgage loans covered under TRID must comply with these disclosure requirements.

Purpose and Benefits:

  • Transparency and Understanding: TRID aims to enhance the understanding of mortgage terms and costs, ensuring consumers can more easily compare loan offers from different lenders.
  • Informed Decision Making: By providing clear and timely information, TRID helps borrowers make informed decisions regarding their mortgage.

Compliance Requirements:

  • Timely Disclosures: Lenders must strictly adhere to the timing for the Loan Estimate and Closing Disclosure forms. Failure to provide these forms within the specified timelines can result in penalties.
  • Accuracy of Information: The information in the disclosures must be accurate. Significant inaccuracies can lead to a requirement for re-disclosure, and potential delays in the closing process.

Impact on the Mortgage Process:

  • Closing Timeline: Due to the three-day review period required for the Closing Disclosure, the mortgage closing process might take longer under TRID rules.
  • Communication and Coordination: Lenders, real estate agents, and closing agents must coordinate closely to ensure compliance with TRID requirements, particularly regarding the timing of disclosures.

TRID Calendar

when TRID Disclosures are made by

Electronic, Courier or Hand Delivery


Closing

Monday

delivery by

preceding

Thursday

Closing

Tuesday

delivery by

preceding

Friday

Closing

Thursday

delivery by

preceding

Monday

Closing

Friday

delivery by

preceding

Tuesday

Closing

Saturday

delivery by

preceding

Wednesday

when TRID Disclosures are made by

Mail


Closing

Monday

delivery by

preceding

Monday

Closing

Tuesday

delivery by

preceding

Tuesday

Closing

Wednesday

delivery by

preceding

Wednesday

Closing

Thursday

delivery by

preceding

Thursday

Closing

Friday

delivery by

preceding

Friday

Closing

Saturday

delivery by

preceding

Saturday

Legal Citation

*12 CFR § 1026.19(f) Mortgage loans secured by real property - final disclosures -

(1)Provision of disclosures -

(i)Scope. In a

closed-end consumer credit transaction secured by real property, other than a reverse mortgage subject to § 1026.33, the creditor shall provide the consumer with the disclosures in § 1026.38 reflecting the actual terms of the transaction.

(ii)Timing -

(A)In general. Except as provided in paragraphs (f)(1)(ii)(B), (f)(2)(i), (f)(2)(iii), (f)(2)(iv), and (f)(2)(v) of this section,

the creditor shall ensure that the consumer receives the disclosures required under paragraph (f)(1)(i) of this section no later than three business days before consummation.

(iii)Receipt of disclosures.

If any disclosures required under paragraph (f)(1)(i) of this section are not provided to the consumer in person, the consumer is considered to have received the disclosures three business days after they are delivered or placed in the mail.

(iv)Consumer's waiver of waiting period before consummation.

If the consumer determines that the extension of credit is needed to meet a bona fide personal financial emergency, the consumer may modify or waive the three-business-day waiting period under paragraph (f)(1)(ii)(A) or (f)(2)(ii) of this section, after receiving the disclosures required under paragraph (f)(1)(i) of this section. To modify or waive the waiting period, the consumer shall give the creditor a dated written statement that describes the emergency, specifically modifies or waives the waiting period, and bears the signature of all consumers who are primarily liable on the legal obligation. Printed forms for this purpose are prohibited.

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TRID 3 Day Closing Disclosure Rule Explained (2024)

FAQs

How do you calculate the 3 day trid rule? ›

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

What triggers a new 3 day waiting period? ›

The requirement for the additional three business-day waiting period once the Closing Disclosure has been delivered applies under three specific scenarios: 1) an inaccurate APR, which violates the established tolerances; 2) the addition of a prepayment penalty; or, 3) a change in the loan product.

What is the 3 day rule for closing? ›

What Is The Closing Disclosure 3-Day Rule. Your lender is required by law to give you the standardized Closing Disclosure at least 3 business days before closing. This is what is known as the Closing Disclosure 3-day rule.

What is the 3 day loan estimate 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.”

What is the 3-day rule how does it apply to the loan estimate and closing disclosure? ›

The Loan Estimate must be provided to consumers no later than three business days after they submit a loan application. The second form (Closing Disclosure) is designed to provide disclosures that will be helpful to consumers in understanding all of the costs of the transaction.

What is the 3-day waiting period for closing disclosure calendar? ›

When your three business-day waiting period starts is determined by your consummation day. This three business-day rule may include Saturdays, but it does not count Sundays or holidays. For instance, if you want to sign on a Friday and a holiday falls on a Thursday, you must receive your closing disclosure on Monday.

What necessitates a revised closing disclosure with a 3 day review? ›

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.

Which of the following circ*mstances requires a new three-day review of the closing disclosure? ›

If your closing disclosure contains one or more of the following inaccuracies, you're entitled to a new three-day review period: If the APR increases more than an 1/8 of a percent for fixed-rate loans or 1/4 of a percent for adjustable-rate loans. If the lender added a prepayment penalty. If the loan product changes.

What would trigger a new closing disclosure? ›

If you modify the amount of your down payment. If you change the loan product. If the home you're buying appraises at a value different than expected. If there's a change in your credit or the lender cannot verify income.

What happens if I don't get my closing disclosure 3 days before closing? ›

What should I do if I do not get a Closing Disclosure three days before my mortgage closing? If you have not received this document, you should request one from your lender immediately. You should also not go through with the closing until you receive and review the Closing Disclosure.

Can a loan be denied after closing disclosure? ›

Yes, you could get denied after you've been cleared to close. In the days leading up to your closing, do your best to make sure nothing happens that makes you look like a riskier borrower. Your safest bet is to avoid making any financial moves during this period, such as: Apply for any new credit cards or loans.

How long after closing disclosure can you close? ›

How Long Does It Take To Close After You've Been Cleared? Most buyers won't have to wait very long to meet at the closing table once they're clear to close. With that in mind, you should expect at least a 3-day buffer between the time you receive your Closing Disclosure and the day you close.

Can closing disclosure change after signing? ›

Substantive changes are less likely but can certainly still happen even after initial signing. Any significant alterations do require the lender to issue an updated Closing Disclosure with an additional mandated 3-day waiting period before closing.

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

Can a creditor use a Closing Disclosure to document a change in circ*mstance in order to reestablish a baseline for disclosure charges in good faith? Yes, with a valid changed circ*mstance under certain conditions and timing.

What are the six pieces to trigger RESPA? ›

An application is defined as the submission of six pieces of information: (1) the consumer's name, (2) the consumer's income, (3) the consumer's Social Security number to obtain a credit report (or other unique identifier if the consumer has no Social Security number), (4) the property address, (5) an estimate of the ...

How do you calculate days for closing disclosure? ›

Lenders are required to provide your Closing Disclosure three business days before your scheduled closing. Use these days wisely—now is the time to resolve problems.

What happens if a loan estimate is not sent within the 3 days? ›

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.

Which days Cannot be counted when determining the 3-day right to cancel? ›

Sundays and legal public holidays don't count toward the three days. To exercise the right to cancel, the borrower must send the lender a letter or a signed copy of the notice they received.

Does Saturday count towards Trid? ›

All days except for Sundays and federal holidays, regardless of whether you're open, count them. The general business day works like this. It's only days that you're open for substantially all business functions.

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