What should I do if I do not get a Closing Disclosure three days before my mortgage closing? | Consumer Financial Protection Bureau (2024)

Your lender is required to send you a Closing Disclosure that you must receive at least three business days before your closing.It’s important that you carefully review the Closing Disclosure to make sure that the terms of your loan are what you are expecting.

Sign your closing documents only after you have carefully reviewed all of the terms on theClosing Disclosureand compared them to your Loan Estimate. Make sure that there are no errors and that you understand the reason for any increase in fees or discrepancies. You should review the Closing Disclosure before closing, as there will be many other documents to review at the closing itself. Remember there is no time limit at closing, so don’t feel pressured. Take your time to review documents and ask any questions you have.

You won’t receive a Loan Estimate or Closing Disclosure if you applied for a mortgage prior to Oct. 3, 2015, or if you're applying for a reverse mortgage. For those loans, you will receive two forms – a Good Faith Estimate (GFE) and an initial Truth-in-Lending disclosure – instead of a Loan Estimate. Instead of a Closing Disclosure, you will receive a final Truth-in-Lending disclosureand a HUD-1 Settlement Statement. Lenders are not required to send you these closing documents in advance of closing. However, if you request to see a copy of your HUD-1, you can review it at least one business day before closing. If you are applying for a HELOC, a manufactured housing loan that is not secured by real estate, or a loan through certain types of homebuyer assistance programs, you will not receive a GFE or a Loan Estimate, but you should receive a Truth-in-Lending disclosure.

If you have a problem with your mortgage closing process, you should discuss the problem with your lender. You can also submit a complaint to the CFPB online or by calling (855) 411-CFPB (2372). We’ll forward your complaint to the company and work to get you a response – generally in 15 days. You may also wish to consult an attorney about your problem.

What should I do if I do not get a Closing Disclosure three days before my mortgage closing? | Consumer Financial Protection Bureau (2024)

FAQs

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.

What is the CFPB 3 day rule for closing disclosure? ›

Pre-consummation or account opening waiting period.

A creditor must furnish § 1026.32 disclosures at least three business days prior to consummation for a closed-end, high-cost mortgage and at least three business days prior to account opening for an open-end, high-cost mortgage.

How do you waive the 3 day waiting period for closing disclosure? ›

Modification or waiver.

A consumer may modify or waive the right to the three-day waiting period only after receiving the disclosures required by § 1026.32 and only if the circ*mstances meet the criteria for establishing a bona fide personal financial emergency under § 1026.23(e).

At what time must the lender provide the closing disclosure? ›

The lender is required to give you the Closing Disclosure at least three business days before you close on the mortgage loan. This three-day window allows you time to compare your final terms and costs to those estimated in the.

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 new 3 day waiting period for CFPB? ›

Pre-consummation or account opening waiting period.

A creditor must furnish § 1026.32 disclosures at least three business days prior to consummation for a closed-end, high-cost mortgage and at least three business days prior to account opening for an open-end, high-cost mortgage.

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 CFPB 3 day appraisal rule? ›

Section 1002.14(a)(1) requires that the creditor “provide” copies of appraisals and other written valuations to the applicant “promptly upon completion,” or no later than three business days before consummation (for closed-end credit) or account opening (for open-end credit), whichever is earlier.

Can a loan be denied after closing disclosure is signed? ›

It is possible for your lender to find a last-minute red flag and back out of the contract. In other words, getting denied after the Closing Disclosure is issued is possible. This is why it is important to make sure there are no major changes to your credit or income during this period.

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.

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.

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.

Does closing disclosure mean final approval? ›

Does receiving a closing disclosure mean the loan is approved? Your loan is approved, or deemed “clear to close,” before you receive the closing disclosure.

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.

What is the 3 day initial disclosure rule? ›

The Disclosure time period begins on the business day following receipt of the consumer's application. Loan Estimate -Initial disclosure (Delivery): The lender must provide the initial Loan Estimate no later than 3 business days (using the general definition of business day) after application is received.

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 document must the borrower receive at least three days before the signing appointment? ›

The closing disclosure form should be delivered to you at least three days before your closing date. It provides details about your mortgage including the interest rate, term, and your projected monthly payment.

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