TRID Closing Disclosures Summary (2024)

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This TRID (TILA-RESPA Integrated Disclosure) summary provides an overview of buyer/seller CDs and disclosure to real estate professionals.

Lenders may issue a single CD for the buyer and seller or require a settlement agent to prepare a separate seller CD.

  • Under TRID, lenders are not required to have the seller receive the same version of the CD that the buyer receives.
  • The settlement agent is permitted to provide the seller with a separate CD that contains only the information applicable to the seller’s transaction.

Privacy laws impact how lenders disclose buyer and seller information on the CD.

  • The Gramm-Leach-Bliley Act (“GLBA”) and implementing Regulation P govern the privacy practices of financial institutions and include exceptions that permit, but not require, lenders to disclose buyer’s personal information.
    • However, lenders may instead follow TRID to protect buyer’s personal information by separating the buyer and seller CDs.
  • State financial privacy laws generally mirror the GLBA, but may be more stringent and require lenders to separate buyer and seller information on two CDs to protect personal information.

An agent may receive a copy of their client’s CD, but not necessarily a copy of the other party’s CD, when separate CDs are issued.

  • The GLBA permits a lender to provide personal information to a consumer’s agent in a transaction (i.e. lender or settlement agent can provide the buyer’s CD to the buyer’s agent or the seller’s CD to the seller’s agent).
    • However, if a lender is concerned that GLBA exceptions do not clearly authorize it to disclose a buyer’s transaction information to the seller, the lender will likely not allow the buyer’s CD to go to the seller’s real estate agent.
  • In transactions where buyers and sellers receive separate CDs, the buyer and his/her agent will still see all costs and fees paid by the seller on the buyer’s CD.

When separate buyer and seller CDs are issued, TRID dictates different content for the two disclosures.

  • For the buyer’s CD, the lender may omit the Summary of the Seller’s Transaction on page three of the CD. TRID requires any closing costs paid by the seller (including real estate commissions) to be disclosed on page two of the buyer’s CD in all circ*mstances.
  • For the seller’s CD, the lender may remove all information regarding the buyer’s terms of the transaction, including: any closing costs paid by the consumer; summaries of cash needed to close; contact information of the buyer’s lender; and, all loan-related information.

For more information, read NAR’s TRID CD Closing Disclosures Guide.

TRID Closing Disclosures Summary (2024)

FAQs

TRID Closing Disclosures Summary? ›

A Closing Disclosure must state the exact terms of the loan and all costs associated with the settlement of the purchase transaction. The terms of the loan contained in the Closing Disclosure statement must match those disclosed in the Loan Estimate to comply with TRID rules.

What is the Trid rule for closing disclosures? ›

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 closing disclosure summary? ›

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 does the closing disclosure under Trid rules require? ›

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.

What is the Trid summary? ›

TRID is a series of rules that dictate what information mortgage lenders must provide borrowers and when they must provide it. TRID rules also regulate what fees lenders can charge and how these fees can change as a mortgage matures.

What requires a new 3-day waiting period for closing disclosure? ›

When the Know Before You Owe mortgage disclosure rule becomes effective, lenders must give you new, easier-to-use disclosures about your loan three business days before closing. This gives you time to review the terms of the deal before you get to the closing table.

What is the 3 day rule for Trid? ›

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.

Can a loan be denied after closing disclosure? ›

Despite receiving the Closing Disclosure, loan approval is not guaranteed, and unforeseen circ*mstances can lead to denial, such as changes in financial status or property issues discovered during underwriting.

Can closing costs change after closing disclosure? ›

The mortgage closing costs may be different if something important changed or wasn't included in your Loan Estimate. It's also possible that your income or assets turned out to be different from what you estimated when you first applied.

What does the Trid rule not apply to? ›

The TRID Rule applies to most types of mortgage loans. Mortgage loans to which the TRID Rule does not apply include HELOCs, reverse mortgage loans, or mortgage loans secured by a mobile home or dwelling that is not attached to real property.

What is the 7 day closing rule? ›

7 Days from Initial Disclosure –

Mortgage Closing Waiting Period. The Rule prohibits the lender and consumer from closing or settling on the mortgage loan transaction until 7 business days after the delivery or mailing of the TILA disclosures, including the Good Faith Estimate and disclosure of the final APR.

What is not covered by Trid? ›

Reverse mortgages. Mortgages secured by a mobile home or dwelling not attached to land. No-interest second mortgage made for down payment assistance, energy efficiency or foreclosure avoidance. Loans made by a creditor who makes five or fewer mortgages in a year.

Do all borrowers have to receive the initial closing disclosure? ›

Initial CD: Super Important

All parties on the loan (and in some cases even spouses that aren't on the loan) must e-sign the Initial CD to close on time. Federal law mandates the Initial Closing Disclosure be signed three business days before closing.

When must the closing disclosure be received by the applicant? ›

By law, you must receive your Closing Disclosure at least three business days before your closing. Read your Closing Disclosure carefully. It tells you how much you will pay for your loan.

What are the 6 Trid requirements? ›

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.

When must the closing disclosure be provided to the loan applicant under the Trid rule? ›

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. Consumers must receive the Closing Disclosure no later than three business days before consummation of their loan.

What is the timeframe closing disclosures must be retained in accordance with Trid? ›

(A) A creditor shall retain each completed disclosure required under § 1026.19(f)(1)(i) or (f)(4)(i), and all documents related to such disclosures, for five years after consummation, notwithstanding paragraph (c)(1)(ii)(B) of this section.

What is the 3 day initial disclosure rule? ›

The three-day period is measured by days, not hours. 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.

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