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TRID (North Carolina Real Estate Commission)

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FAREWELL HUD-1? HELLO TRID!

What’s TRID?

1. On December 10, a “Buyer Closing Disclosure” was emailed to you and your buyer-client

for a December 14 closing. While some parts of the five page Closing Disclosure document

look familiar, it is much longer than the HUD-1 and the format is very different. Are you

able to review and explain the document to your buyer? Can the settlement/closing occur

on December 14?

2. Your buyer went under contract on October 2, 2015 and applied for a loan on October 5.

Settlement was to occur on Monday, November 23. To keep that settlement date, the

completed Closing Disclosure had to be received by the Buyer by Thursday, November 19.

Questions:

What is the Closing Disclosure and why must the Borrower’s be prepared so early?

Could the parties in #1 above close on December 14?

What if in #2 the Seller received the Seller’s Closing Disclosure on November 23?

INTRODUCTION

As most residential brokers are aware, major changes occur(red) October 3, 2015 in the

disclosure and settlement forms used in most residential sales transactions, particularly those subject

to the Real Estate Settlement Procedures Act. Specifically, the former Good Faith Estimate will be

replaced by a “Loan Estimate” and the HUD-1 settlement statement will be replaced by two Closing

Disclosure forms, one for the buyer and one for the seller. While the new rules originally were to

be implemented August 1, 2015, that date was postponed to October 3, 2015 as announced by the

CFPB in late June. These materials are accurate based on existing regulations as of June 25, 2015

and may be updated if necessary. This section will address:

1) why the changes were made,

2) what transactions are affected,

3) a review of the forms and related requirements, and

4) a broker’s responsibility for the accuracy of the new closing disclosure forms.

-1-

First, Brokers, be reassured that your obligations concerning the accuracy of settlement statements

have not changed with the advent of the new forms and practices. You will just be looking in new

places for the information, and we will show you the parallels between the old and new forms.

Learning Objectives

Upon completing this Section, you should be able to:

! explain why the revisions to the Good Faith Estimate and HUD-1 were undertaken and the

transactions to which the new forms apply;

! identify events that trigger the lender’s obligation to provide a Loan Estimate to a borrower;

! identify key elements of the two new Closing Disclosure forms;

! identify critical dates for the delivery of the Closing Disclosure to the borrower and how a

lender’s failure to meet these disclosure requirements may impact the settlement meeting;

! explain the scope of a broker’s duties concerning the accuracy of the Closing Disclosures;

and

! identify issues that may cause delays in closings.

PRIMARY PROBLEM ADDRESSED BY THE NEW RULES

Following the financial collapse in the mortgage and investment sectors in 2007-2009,

Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (hereinafter

“Dodd-Frank Act”), one of the most comprehensive financial regulatory system reforms in seven

decades. The Act became effective July 12, 2010.

The Dodd-Frank Act created the Bureau of Consumer Financial Protection, referred to as

the Consumer Financial Protection Bureau (hereinafter, CFPB) and transferred administration and

regulation of various consumer protection laws to the new agency. The Act primarily targets lenders,

including residential mortgage lenders, and others who extend consumer credit.

One of the perceived problems the Dodd-Frank Act sought to remedy in residential real

estate sales transactions was the overlap in the disclosures lenders were required to give borrowers

under: 1) the Truth-in-Lending Act as revised (hereinafter TILA), and 2) the Real Estate Settlement

Procedures Act (hereinafter RESPA).

Abbreviations

CFPB Consumer Financial Protection Bureau

TRID TILA/RESPA Integrated Disclosure

TILA Truth-in-Lending Act

RESPA Real Estate Settlement Procedures Act

TIL Truth-in-Lending Statement

GFE Good Faith Estimate

HUD-1Settlement Statement (authored by U.S. Dept of Housing & Urban Development)

LE Loan Estimate (3 pages)

CD Closing Disclosure

BCD Borrowers’ Closing Disclosure (5 pages)

SCD Seller Closing Disclosure (2 pages)

-2-

LAW THROUGH OCTOBER 2, 2015

TILA Required Disclosures RESPA Required Disclosures

Early TIL Good Faith Estimate (GFE)

Lenders must provide both within three business days of loan “application.”

Final TIL HUD-1 statement

Lenders must provide at “consummation” (TILA) or at “settlement” (RESPA).

These duplicate disclosures with very similar information that lenders were required to

provide under each Act at roughly the same time in the transaction were thought to be burdensome

to lenders and confusing to consumers. An express mandate of the Dodd-Frank Act directed the

new CFPB to consolidate or “integrate” the disclosures under each Act into one form at inception

and closing that will satisfy both laws; hence the TILA/RESPA Integrated Disclosure (TRID)

Rules:

NEW RULES EFFECTIVE OCTOBER 3, 2015

Early TIL & GFE replaced by a new “Loan Estimate” (LE) to borrower

and

Final TIL and HUD-1 replaced by:

1) Closing Disclosure (CD) to Borrower (5 pages),

and separate

2) Closing Disclosure (CD) to Seller (2 pages).

After two years of consumer and industry research, public feedback, usability testing and other

public outreach, the CFPB published its final rule in November 2013. The results after testing the

new integrated forms on nearly 900 consumers were that the new forms had a statistically significant

better performance and were more readily understood by consumers than the old forms.

-3-

This graph summarizes the timelines for issuance of the early loan disclosures and final HUD-

1/Closing Disclosure under pre-October 3, 2015 law and post-October 3, 2015 law.

-4-

WHAT DOES THIS MEAN FOR YOU AS A BROKER?

Effective Date?

The new TRID rules apply to loan applications received on or after October 3, 2015 given

the postponed implementation date (previously August 1, 2015). The triggering event is the date

the loan “application” (defined shortly) is received.

NOTE: A lender who receives a loan application on or before October 2, 2015 must comply

with existing law until October 3, 2015. This means the lender must provide the early TIL

and GFE and, at closing, the lender must provide a final TIL and HUD-1 (if RESPA-

governed), even though settlement/closing occurs after October 3, 2015.

GENERAL RULE: if a transaction begins with the old forms

(early TIL and GFE), it must conclude with the old forms (final

TIL and HUD-1).

What Transactions Are Affected?

Real Estate Settlement Procedures Act (RESPA)

RESPA applies to “federally related mortgage loans,” loosely defined as loans made by

institutional lenders or to be sold on the secondary market that are secured by a lien on real property

on which a one-to-four family dwelling is or will be situated within two years. It covers any loan

that would be secured by a lien against such property, whether a purchase or refinance loan, home

equity loan, home improvement loan, or reverse mortgage. If a transaction involved a federally

related mortgage loan, then the lender was required to provide the borrower with a Good Faith

Estimate within three days of loan application and use the HUD-1 statement at settlement.

Truth-in-Lending Act (TILA)

The scope of coverage under the Truth-in-Lending Act (TILA) is broader than that of

RESPA. TILA laws and regulations apply to any one who advertises or makes loans for a personal,

family or household purpose that involve either 1) a finance charge or 2) are payable in more than

four installments. TILA laws impact brokerage in that

! most closed-end loans to natural persons secured by a lien against real property owned by

the borrower are subject to TILA, whether the property has a primary residence, secondary

residence, vacation home or is vacant land, and regardless of the loan amount, so long as the

loan proceeds are for a personal, family or household purpose.

AND

! the laws apply not only to banks and savings and loan institutions, but to finance companies,

mortgage companies and anyone who extends consumer credit as defined in the Act more

than five times per year.

Must brokers know whether a transaction is governed by TILA or RESPA?

NO. Brokers should have a general awareness of what sales transactions are covered by the

new rules, but it is the lenders who must determine which law applies.

-5-

Revised Rules as of August October 3, 2015

The new TILA-RESPA integrated disclosure rules (TRID rules) were made part of the

Truth-in-Lending Act. The new integrated disclosure forms, namely the Loan Estimate (LE) and

the Closing Disclosures (CD), must be used by lenders in transactions involving federally related

mortgage loans governed by RESPA. What triggers the new rules is:

1) receipt of a loan application on or after October 3, 2015

2) for a loan that is:

A) a “federally related mortgage loan” (RESPA)

B) for personal, family or household purposes, i.e., a consumer loan, and will be

secured by a lien against real property owned by the borrower (TILA).

The following table lists the transactions that are subject to the new TRID rule.

Type of Transaction

Subject to New

Rule?

Loan for Home Purchase or Refinance Yes.

Loan for Vacant Land Purchase Yes.

Construction Loan Yes.

Loan for Purchase of 25-acre or more Tract of

Land NOT to be used for Business Purpose

Yes.

Cash Purchase (ANY property type)

No.*

Seller-Financed Purchase (ANY property

type) IF extends less than 5 loans per year

No.*

Home Equity Line of Credit (open-end)

No.*

Reverse Mortgage

No.*

Loan for Purchase of Property to be used for

Business, Commercial or Agricultural Purpose

No.*

Loan for Manufactured Home NOT attached

to Real Property

No.*

Loan for Purchase of Property from Creditor

that/who extends 5 or fewer consumer

loans/year

No.*

* HUD-1 or other settlement statement will continue to be used.

-6-

Question: May lenders use the Loan Estimate and Closing Disclosure forms if they wish in

excluded transactions, even though not required?

NO. The CFPB has specifically stated that the new forms may not be used in transactions that

don’t involve a covered loan, and previously said that they should not be used prior to the

implementation date, except in test markets. Lenders issuing loans not covered by the TILA-

RESPA integrated rules may continue to use the existing GFE, HUD-1 statement, and Truth-in-

Lending disclosures or other forms that comply with applicable law. There are no laws requiring

any particular closing/settlement statement be used in cash sales transactions, other than the

prohibition against using the new closing disclosures.

Question: Must the new forms be used in all “covered transactions”?

NO. There may be transactions that are not subject to RESPA, but that do fall within TILA, i.e.,

a transaction involving a loan to a natural person for personal, household, or family purposes

that is secured by a lien on real property owned by the borrower. In transactions subject only to

TILA, use of the new Loan Estimate (LE) and Closing Disclosure (CD) is voluntary, but if a

lender uses some other disclosure form, it must contain the same information and be in a format

substantially similar to the Loan Estimate and Closing Disclosure. Given that, most lenders

probably will use the new LE and CD forms in both RESPA and applicable TILA governed

transactions.

The moral of the story is .... the HUD-1 isn’t/hasn’t gone entirely. Brokers may still see

it used by settlement agents in closing transactions involving a cash sale, home equity line of

credit, reverse mortgage, or purchase of property for a commercial, agricultural or business

purpose. Some closing attorneys may continue to use the HUD-1 in conjunction with the new

Loan Estimate and Closing Disclosures even in covered transactions to authorize disbursement

of the sale proceeds.

Understand that compliance with the integrated disclosure requirements falls on the

lenders or persons/entities extending the consumer credit. The lender must determine if the

transaction is subject to RESPA or TILA and then utilize the correct forms. Neither RESPA nor

the revised TILA impose any new liability on real estate brokers unless a broker attempts to act

as the settlement agent which is not recommended. It is highly unlikely that lenders subject to

the new regulations will permit a real estate broker to act as the settlement agent in the future

because lenders remain totally liable for the acts of any mortgage broker or settlement agent the

lender allows to perform any of the lender’s duties.

NOTE: Because of this potential liability, some major lenders announced in Spring

2015 that they would prepare all loan documents in-house for which the lender is liable,

including the Closing Disclosures, and settlement agents would not be permitted to make

any changes to the Closing Disclosures. In the past, settlement agents often made

changes to the HUD-1, but the revised HUD-1 still had to be approved by the lender

before the borrower signed it and the settlement meeting concluded.

To reassure brokers and before discussing the specifics of the new Loan Estimate and Closing

Disclosures, printed on the following page is an excerpt from what the CFPB calls its Closing

Factsheet titled “Will the new mortgage disclosures delay my closing?” According to the CFPB,

there are very few changes that will require a new three day waiting period.

-7-

Learn more at consumernance.gov.

Will the new mortgage

disclosures delay my closing?

The answer is NO for just about everybody.

For mortgage applications submitted on or after August 1, 2015, 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.

Many things can change in the days leading up to closing. Most changes will not require

your lender to give you three more business days to review the new terms before closing.

The new rule allows for ordinary changes that do not alter the basic terms of the deal.

Only THREE changes require

a new 3–day review:

1. The APR (annual percentage rate) increases by

more than 1/8 of a percent for xed-rate loans or

1/4 of a percent for adjustable loans.

A decrease

in APR will not require a new 3-day review if it is

based on changes to interest rate or other fees.

2. A prepayment penalty is added, making it

expensive to renance or sell.

3. The basic loan product changes, such as a

switch from xed rate to adjustable interest rate

or to a loan with interest-only payments.

Lenders have been required to provide a 3-day

review for these changes in APR since 2009.

NO OTHER changes require

a new 3–day review:

There has been much misinformation and mistaken

commentary around this point. Any other changes

in the days leading up to closing do not require a

new 3-day review, although the lender will still have

to provide an updated disclosure.

For example, the following circumstances do not

require a new 3-day review:

§ Unexpected discoveries on a walk-through

such as a broken refrigerator or a missing stove,

even if they require seller credits to the buyer.

§ Most changes to payments made at closing,

including the amount of the real estate

commission, taxes and utilities proration, and

the amount paid into escrow.

§ Typos found at the closing table.

Consumer Financial

Protection Bureau

THE LOAN ESTIMATE (LE)

Are brokers responsible for the accuracy of the Loan Estimate? NO. The LE is issued by the

lender to the buyer-borrower and a broker may never even see the LE.

Should brokers know when a lender must provide a borrower with a Loan Estimate? In general

terms, yes. The bottom line for brokers is they should be aware that:

1. borrowers in covered transactions are entitled to receive a LE within three business days

of loan application,

and

2. the purpose of the LE is to allow the consumer to shop and compare the cost of the

desired credit.

Borrowers are entitled to receive the new Loan Estimate under similar circumstances as

triggered a lender’s obligation to provide the old Good Faith Estimate. The primary purpose of

the LE is to allow borrowers to clearly see and compare the costs of the credit/loan so they may

shop among lenders.

The LE resembles the former Good Faith Estimate it replaces. Clearly identified on the

first page is:

1) the loan amount;

2) the interest rate;

3) whether there is a prepayment penalty or a balloon payment;

4) the projected monthly principal and interest payment;

5) the projected real property taxes and homeowner’s insurance;

6) the estimated closing costs; and

7) the estimated cash needed to close.

What is a “Loan Application?”

The TRID rules impose two key requirements on lenders relating to the borrower’s loan

application:

1. Lenders must provide the LE within three business days of loan “application,” defined as

the lender’s receipt of the following information from the borrower:

1) legal name;

2) statement of gross income;

3) Social Security Number (to obtain a credit report);

4) property address;

5) estimate of property value; and

6) amount of mortgage loan requested.

NOTE: the catch-all “any other information deemed necessary by the loan originator”

has been eliminated. The lender may request other information, such as type and term of

loan, bank account balances, and purchase price of the property, but may not require

documentary support of the information provided prior to issuing a LE. Once a lender

has the six pieces of information listed above, it must provide the LE to the prospective

borrower within three business days unless the consumer withdraws the application or the

lender determines it can’t approve the loan as requested and so notifies the consumer.

-9-

2. Lenders may not charge the consumer any fees prior to providing the LE other than a

reasonable fee to pay for a credit report until the consumer indicates an intent to proceed.

The CFPB in the Commentary to the regulation has ruled that “imposing a fee” prior to

providing a LE includes requiring the consumer to provide a check or credit card number

to pay for processing and other fees, even if the check or credit card will not be cashed or

billed until after the consumer decides to proceed with the loan.

Accuracy of LE

A LE must be accurate. Within variation limits (formerly “tolerance” limits), lenders

will be bound by the estimated costs stated, unless changes occur that permit issuance of a

revised LE. Revisions may be permitted due to changed circumstances (i.e., unexpected events

or events beyond a person’s control) or if the borrower’s eligibility changes or if the borrower

requests a change. While Loan Estimates typically may not be revised by a lender, if

circumstances permit or require a revised LE, then it must be delivered/mailed to the borrower

within three business days after the lender’s receipt of the information that caused the revision

and it must be received by the borrower at least four business days prior to consummation.

Permissible Variations/Tolerance Limits

Lenders remain bound by the “tolerance limits” first imposed in 2009/2010, although the

former tolerance limits are now called permissible “variations” for loans subject to the new

TILA-RESPA rules. It is important to understand that costs estimated on the LE may be less at

settlement/consummation without causing any problem — they just may not increase beyond the

permissible variations, which continue to be:

No Variation Allowed

1) any fee paid to the lender, mortgage broker, or affiliates of either;

2) lender required services for which the borrower may not shop; and

3) transfer taxes (in North Carolina, buyers don’t typically pay a “transfer tax” as in some

other States. The primary “transfer tax” in NC is excise tax paid by the seller, although a

few counties may impose a transfer tax that also is paid by the seller.)

Ten Percent (10%) Variation Allowed

1) Recording fees;

2) Charges for third party services if:

A) no part of the charge is paid to/retained by the lender or the lender’s affiliates (as

otherwise would be in zero variation category);

and

B) the consumer is permitted to shop for the service but chooses a provider on the

lender’s written list of providers.

NOTE: Costs in the no variation category may not be more at settlement than the amount stated

on the LE. Costs for any particular service in the ten percent variation category may be more at

settlement than reflected on the LE so long as the total costs at settlement for services in the

10% category do not exceed the total costs for those services as stated on the LE by more than

ten percent. If there is a violation in either category, the lender must reimburse the borrower the

excess costs, generally within sixty (60) days of settlement. As a practical matter, the “cure” for

the violation most often will occur at the settlement meeting.

-10-

Services For Which the Borrower May Shop

Lenders may allow borrowers to shop for certain required settlement services but must

provide the borrower with a list of those services and identify at least one provider for each

settlement service. If the borrower chooses a service provider listed by the lender, then that cost

is included in the 10% variation category. If the borrower uses a provider not on the lender’s

list, then the lender has no responsibility for the amount of the fee the service provider charges

the borrower. Lenders have no liability for fees charged by providers of services that are not

required by the lender/creditor, e.g., home inspection, owner’s title insurance.

Brokers’ Responsibility for Loan Estimate

Brokers should have a general understanding of:

1) what transactions are subject to TRID

and

2) the timing and purpose of the Loan Estimate.

Brokers working with buyers in covered transactions should be aware that the buyer-borrower is

entitled to receive the Loan Estimate within three business days of loan application (i.e., the

lender’s receipt of 6 items of information) and that the purpose is to allow buyers to compare the

cost of the desired credit. Note: most of the information on the Loan Estimate relates to the loan

itself and there is no information regarding the borrowers’ amount or source of income, monthly

expenses or credit score.

THE CLOSING DISCLOSURES (CD)

Brokers have the same responsibilities for the Closing Disclosure as for the HUD-1 or

any other settlement statement. These requirements will be discussed later in this section under

“Broker’s Responsibility.”

By November 2015, brokers involved in residential sales transactions should see the new

Closing Disclosures at settlement, whether in lieu of or in addition to some version of the HUD-

1 statement. Recall that the new TRID rules apply to loan applications received on or after

October 3, 2015. Thus, all those loan applications submitted in August and September 2015 that

aren’t closing until after October 3, 2015 will nonetheless use the current HUD-1 statement and

final TIL at settlement. Remember, the rule is:

! if a transaction begins with the old forms it will use the old forms at settlement;

! if a transactions begins with the new forms, it will use the new forms at settlement.

Under the new TRID rules, there may be two separate Closing Disclosures (CD) at

settlement, one for the borrower/buyers (5 pages) and the other for the sellers (2 pages). A

review of each Closing Disclosure reveals little new information — just new locations.

-11-

The Buyer’s Closing Disclosure details the funds received and expenses paid on

the borrower’s behalf and incorporates other loan disclosures previously found in

the final TIL.

• Information on p 2 of the HUD-1 is now on p 2 of the Buyer’s CD.

• Information on p 1 of the HUD-1 is now on p 3 of the Buyer’s CD.

• Pages 1, 4 and 5 contain TIL disclosures

Why are there two separate Closing Disclosure forms? The Buyers’ CD includes non-public

TIL required information about the buyers’ loan, such as the interest rate, term, down payment,

amount financed, etc.. Due to concerns that disclosure to the seller might violate privacy

components under the federal Gramm-Leach-Bliley Act, the CFPB decided that settlement

agents should be allowed to provide the buyer and seller with separate versions of the Closing

Disclosures showing only information relevant to that party’s side of the transaction, i.e., all

credits and debits.

Two Closing Disclosures?

Despite the privacy concerns, the TRID rules permit a settlement agent to provide the

seller with a separate Closing Disclosure or with a copy of the Buyer/Borrowers’ Closing

Disclosure so long as it contains all the seller’s transaction information. If the settlement agent

provides the seller with a separate CD, then the settlement agent must also provide a copy of the

Seller CD to the borrowers’ lender, but not to the borrower.

While the buyer will not necessarily see the Sellers’ CD, the buyer will have a summary

of the sellers’ side of the transaction on page 3 of the buyer’s CD, as with the current HUD-1.

Sample Seller and Buyer Closing Disclosures are printed at the end of this section based on a

hypothetical fact situation.

Signatures and Authority to Disburse

As with many forms, the new Closing Disclosures may be revised over the next several

months. One interesting omission is that there is no signature line on the seller’s CD; while

there is a signature line on the buyer’s CD, the buyer signs merely to acknowledge that s/he has

received the form. Unlike the parties’ signatures on the HUD-1, neither form authorizes the

settlement agent to disburse the funds in accordance with the Closing Disclosures. Thus,

settlement agents or lenders most likely will devise a form for the parties to sign authorizing

disbursement of the sale proceeds as indicated on the Closing Disclosures.

Brokers, be aware that more new forms may be released after October 2015.

The Seller’s CD summarizes on page 1 the seller’s transaction costs and amounts

due the seller, while page 2 of the seller’s CD exists primarily to show any buyer

expenses the seller may have paid.

-12-

Who Bears the Primary Burden?

The new TILA-RESPA integrated disclosure rules are directed at persons or entities

extending consumer credit or dealing with federally insured mortgage loans. It is those lenders

who are responsible for ensuring compliance with the new rules, whether in-house or through

authorized agents. Lenders who permit mortgage brokers to issue the Loan Estimate or who

permit settlement agents to prepare or make modifications to the Closing Disclosures are

financially liable for the actions of their agents, including clerical errors. Violations can be

costly — minimally $5,000 per day per occurrence and $25,000 per day if reckless, if not more.

Understandably, the financial and residential closing attorney worlds have been in

upheaval attempting to plan for the new requirements and timetables. Many residential closing

attorneys have had to significantly enhance the security features of their offices to protect

confidential client information received from lenders in order to remain an approved settlement

attorney on a lender’s list. Many lenders will require all email communications to be encrypted

and that access to attorney/staff work areas be restricted to employees. A frequent comment is

what HIPAA did to medical offices, TRID has done to closing attorney offices.

On June 3 2015, Richard Cordray, Director of the CFPB, issued a letter to various

senators in response to a letter from Congress concerning implementation of the new TRID

disclosures. After explaining the many ways the CFPB attempted “... to support industry

implementation and to help creditors, vendors, and others affected by the Rule to better

understand, operationalize, and prepare to comply with the Rule’s new streamlined

disclosures....,” Mr. Cordray replied to a request from Congress for a grace period in

implementing the new Rule as follows:

...we continue to work with industry, consumers, and other stakeholders to answer

questions, provide guidance, and support a smooth transition for the mortgage market.

As we do so, and in response to considerable input we have received from you and your

constituents, I have spoken with our fellow regulators to clarify that our oversight of the

implementation of the Rule will be sensitive to the progress made by those entities that

have squarely focused on making good-faith efforts to come into compliance with the

Rule on time. My statement here of this approach is intended to ease some of the

concerns we have heard about this transition to the new process .....

On June 17, Mr. Cordray, on behalf of the CFPB, issued the following announcement

officially postponing the implementation date of the new TRID rules.

“The CFPB will be issuing a proposed amendment to delay the effective date of the

Know Before You Owe rule until October 1, 2015. We made this decision to correct an

administrative error that we just discovered in meeting the requirements under federal

law, which would have delayed the effective date of the rule by two weeks. We further

believe that the additional time included in the proposed effective date would better

accommodate the interests of the many consumers and providers whose families will be

busy with the transition to the new school year at that time.”

The public will have an opportunity to comment on this proposal and a final decision is

expected shortly thereafter.

The proposed amendment published June 24, 2015 postponed the implementation date to

October 3, 2015.

A completed HUD-1 is compared with completed pages 2 and 3 of the Borrower Closing

Disclosure on the following 4 pages to illustrate the similarity between these two forms.

-13-

A. Settlement Statement (HUD-1)

HUD-1Page 1 of 3Previous edition are obsolete

B. Type of Loan

J. Summary of Borrower’s Transaction

100. Gross Amount Due from Borrower

C. Note:

400. Gross Amount Due to Seller

This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked

“(p.o.c.)” were paid outside the closing; they are shown here for informational purposes and are not included in the totals.

401. Contract sales price

106. City/town taxes

406. City/town taxes

203. Existing loan(s) taken subject to

503. Existing loan(s) taken subject to

212. Assessments

512. Assessments

302. Less amounts paid by/for borrower (line 220)

602. Less reductions in amounts due seller (line 520)

( )

213.

513.

214.

514.

215.

515.

216.

516.

218.

518.

217.

517.

219.

519.

102. Personal property

101. Contract sales price

402. Personal property

107. County taxes

407. County taxes

204.

504. Payoff of rst mortgage loan

103. Settlement charges to borrower (line 1400)

403.

108. Assessments

408. Assessments

205.

505. Payoff of second mortgage loan

104.

404.

109.

409.

206.

506.

201. Deposit or earnest money

501. Excess deposit (see instructions)

210. City/town taxes

510. City/town taxes

105.

D. Name & Address of Borrower:

G. Property Location:

E. Name & Address of Seller: F. Name & Address of Lender:

I. Settlement Date:

H. Settlement Agent:

Place of Settlement:

FHA RHS

Conv. Unins.

6. File Number: 7. Loan Number:

8. Mortgage Insurance Case Number:

VA Conv. Ins.

405.

110.

410.

207.

507.

202. Principal amount of new loan(s)

502. Settlement charges to seller (line 1400)

211. County taxes

511. County taxes

301. Gross amount due from borrower (line 120)

601. Gross amount due to seller (line 420)

111.

411.

208.

508.

112.

412.

209.

509.

120. Gross Amount Due from Borrower

420. Gross Amount Due to Seller

200. Amount Paid by or in Behalf of Borrower

500. Reductions In Amount Due to seller

Adjustments for items unpaid by seller

220. Total Paid by/for Borrower

520. Total Reduction Amount Due Seller

303. Cash

603. Cash

From

To Borrower

From Seller

300. Cash at Settlement from/to Borrower

600. Cash at Settlement to/from Seller

Adjustment for items paid by seller in advance

K. Summary of Seller’s Transaction

OMB Approval No. 2502-0265

The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not

collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No condentiality is assured; this disclosure

is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process.

EXAMPLE FACT SITUATION

November 23

$249,650.00

$8,625.71

Nov 24

Dec 31

$257.26

$258,532.97

$3,500.00

$212,000.00

Due Diligence Fee

$500.00

$216,000.00

$258,532.97

$216,000.00

$42,532.97

$249,650.00

nov 24

Dec 31

$257.26

$249,907.26

$16,044.00

$138,425.00

Due Diligence Fee

$500.00

$154,969.00

$249,907.26

$154,969.00

$94,938.26

Borrower Closing Disclosure page 3

HUD-1Page 2 of 3Previous edition are obsolete

L. Settlement Charges

700. Total Real Estate Broker Fees

800. Items Payable in Connection with Loan

900. Items Required by Lender to be Paid in Advance

1000. Reserves Deposited with Lender

1100. Title Charges

1200. Government Recording and Transfer Charges

1300. Additional Settlement Charges

702. $

802. Your credit or charge (points) for the specic interest rate chosen

902. Mortgage insurance premium for months to

1002. Homeowner’s insurance months @ $ per month $

1102. Settlement or closing fee

1202. Deed $ Mortgage $ Release $

1302.

701. $

801. Our origination charge

901. Daily interest charges from to @ $ /day

1001. Initial deposit for your escrow account

1101. Title services and lender’s title insurance

1201. Government recording charges

1301. Required services that you can shop for

703. Commission paid at settlement

Division of commission (line 700) as follows :

803. Your adjusted origination charges

903. Homeowner’s insurance for years to

1003. Mortgage insurance months @ $ per month $

1103. Owner’s title insurance

1203. Transfer taxes

1303.

704.

804. Appraisal fee to

904.

1004. Property Taxes months @ $ per month $

1104. Lender’s title insurance

1204. City/County tax/stamps Deed $ Mortgage $

1304.

1005. months @ $ per month $

1105. Lender’s title policy limit $

1205. State tax/stamps Deed $ Mortgage $

1305.

1006. months @ $ per month $

1106. Owner’s title policy limit $

1206.

1007. Aggregate Adjustment -$

1107. Agent’s portion of the total title insurance premium to

1108. Underwriter’s portion of the total title insurance premium to

1109.

1110.

1111.

805. Credit report to

806. Tax service to

807. Flood certication to

808.

809.

810.

811.

Paid From

Borrower’s

Funds at

Settlement

Paid From

Seller’s

Funds at

Settlement

1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K)

(from GFE #1)

(from GFE #3)

(from GFE #2)

(from GFE #3)

(from GFE #10)

(from GFE #4)

(from GFE #3)

(from GFE #11)

(from GFE #9)

(from GFE #5)

(from GFE #7)

(from GFE #8)

(from GFE #6)

(from GFE #A)

(from GFE #3)

7,489.50

Buyer's Firm

7,489.50

Seller's Firm

$14,979.00

1,590.00

2,120.00

$3,710.00

$450 POC

$55 POC

Application Fee

$280.00

Pest Inspection (typically inserted in section 1300) $65 POC

nov 23

nov 30

37.75

$302.03

$840.00

$684.00

$1,077.68

57.00

114.00

70.00

140.00

205.92

823.68

$1,155.40

650.00

$64.60

505.40

Deed Preparation

$85.00

$82.00

26.00

56.00

$500.00

Survey

$400.00

Home Warranty

$450.00

Courier Fees

$30.00

Home Inspection $325 POC

$8,625.71

$16,044.00

Borrower Closing Disclosure page 2

Biggest Impact for Brokers: Delivery of Borrower Closing

Disclosure

The change that may have the most significant impact for brokers is the requirement that

the lender must ensure that the borrower receives the completed Borrower Closing

Disclosure three business days prior to consummation. (For North Carolina brokerage

purposes, consider “consummation” as equivalent to settlement meeting/closing; technically,

however, it is defined as the point at which the borrower becomes obligated on the loan.)

The TRID rules allow two methods of delivering the borrower’s Closing Disclosure,

namely:

1) personal delivery, i.e., handing it to the borrower in person;

2) any other method, e.g., United States mail, fax, email, etc.

“Received” by Borrower

If the Borrower CD is delivered by any method other than personally, the lender

generally must add three more business days for delivery, meaning that it must be sent not

later than six business days prior to settlement. For Closing Disclosure purposes, “business

day” includes Saturdays, excluding only Sundays and ten federal public holidays, namely: New

Year’s Day, Martin Luther King Day, Washington’s birthday, Memorial Day, July 4, Labor Day,

Columbus Day, Veterans Day, Thanksgiving and Christmas.

In its TRID compliance guide for small entities, the CFPB advises the following as to

“delivery” and “receipt” of the Borrowers’ Closing Disclosure.

11.1: ...The creditor is responsible for ensuring that the consumer receives the Closing

Disclosure form no later than three business days prior to consummation.

11.2: How must the Closing Disclosure be delivered?

To ensure the consumer receives the Closing Disclosure on time, creditors must arrange

for delivery as follows:

• by providing it to the consumer in person.

• by mailing, or other delivery methods, including email. Creditors may use electronic

delivery methods subject to compliance with the consumer consent and other applicable

provisions of the Electronic Signatures in Global and National Commerce Act.

• creditors must ensure that the consumer receives the Closing Disclosure at least three

business days prior to consummation.

11.3: When is the Closing Disclosure considered to be received if it is delivered in person

or if it is mailed?

If the Closing Disclosure is provided in person, it is considered received by the consumer

on the day it is provided. If it is mailed or delivered electronically, the consumer is

considered to have received the Closing Disclosure three business days after it is

delivered or placed in the mail. However, if the creditor has evidence that the consumer

received the Closing Disclosure earlier than three business days after it is mailed or

delivered, it may rely on that evidence and consider it to be received on that date.

11.4: Can a settlement agent provide the Closing Disclosure on the creditor’s behalf?

Yes. Creditors may contract with settlement agents to have the settlement agent provide

the Closing Disclosure to consumers on the creditor’s behalf.

-18-

11.7: This requirement imposes a three day waiting period, meaning that the loan may

not be consummated less than three business days after the Closing Disclosure is received

by the consumer [Borrower]. If a settlement is scheduled during the waiting period, the

creditor generally must postpone the settlement....

In other words, the Borrower’s CD must be delivered either three or six business days

and received at least three business days prior to settlement to permit settlement to occur on

that third or sixth business day.

Example: If the Borrower’s CD is hand-delivered to the Borrower on Monday,

what is the earliest possible date closing may occur?

Answer: _______________ (assuming no intervening federal holidays)

Monday Tuesday Wednesday Thursday

Delivery Day 1 Day 2 Settlement

(3 Business Day)

If the Borrower’s CD is emailed or faxed or mailed to the Borrower, then under the rule, it would

not be deemed “received” by the Borrower until three business days after it was sent/“delivered,”

thus requiring the CD to be sent a total of six business days prior to consummation to permit

settlement on the sixth business day unless the lender has evidence that the Borrower actually

received it earlier than three business days after it was sent. [See 11.3 above.]

Example: The CFPB in its timeline example offers the following - a lender sends

the Borrower’s CD to the Borrower via overnight delivery on Friday and the

Borrower receives and signs for the delivery on Saturday (thereby providing

proof to the lender of earlier receipt). Rather than waiting until the following

Friday to close (six business days after delivery), settlement may occur on or after

Wednesday, the third business day after Borrower’s actual receipt of the CD.

Brokers: THESE DATES ARE NON-NEGOTIABLE. While it is the lender’s responsibility

to comply with these requirements (not the broker’s), it still is crucial that brokers educate their

clients and customers about these disclosure timelines and prepare them for potential delays.

Understand the following points as well:

1. The three/six business days prior to settlement so that settlement may occur on or after

the third/sixth business day applies only to the Borrower’s Closing Disclosure, not the

sellers’ Closing Disclosure. There is no rule requiring delivery of the seller’s closing

disclosure to the seller prior to the settlement meeting.

2. Delivery must be to the borrowers personally, not to any broker acting as a buyer agent.

3. The lender, not the settlement agent, will decide whether to issue 1 or 2 separate Closing

Disclosures and any other settlement statements authorizing disbursement of the

proceeds.

4. If the lender decides to issue two separate Closing Disclosures, a broker acting as a dual

agent should only give each party that party’s CD, and not the other party’s CD, as the

lender chose to issue separate CDs for a reason.

-19-

Corrected/Revised Closing Disclosure

The CFPB recognizes three categories of changes that require a corrected Closing

Disclosure. They are:

1. changes that occur pre-consummation that require a new 3 business day period;

2. changes that occur pre-consummation that don’t require a new 3 business day period;

3. changes that occur post-consummation.

As noted earlier in this section, according to the CFPB, the only three changes that will

require a new Closing Disclosure and a new three business day waiting period are:

1. An increase in the APR;

2. A change in the loan product; or

3. The addition of a prepayment penalty.

As to other changes, the CFPB counsels in its small entity compliance guide:

12.3: For any other changes before consummation that do not fall under the three

categories above (i.e., related to the APR, loan product, or the addition of a prepayment

penalty), the creditor still must provide a corrected Closing Disclosure with any terms or

costs that have changed and ensure that the consumer receives it. For these changes,

there is no additional three-business-day waiting period required. The creditor must

ensure only that the consumer receives the revised Closing Disclosure at or before

consummation.

BROKER’S RESPONSIBILITY

Brokers’ duties concerning the provision and accuracy of closing statements when they

are not acting as the settlement agent are not substantially altered by the new forms. As

mentioned, the Closing Disclosures will be prepared by the lender/creditor in-house or perhaps

through an attorney-settlement agent, depending on the lender’s practices.

All brokers must review any Closing Disclosures presented to them,

but you can’t review what you’re not given. Thus, if the emerging

practice is that the listing agent and seller are only provided a copy

of the seller’s CD and the buyer agent and buyer are only given the

Buyer’s CD, then each broker will only be responsible for reviewing

the CD for the party s/he represents. A broker’s obligations

regarding the settlement statement are the same, regardless of the

type of settlement statement being used (BCD, SCD, HUD-1, builder

form, commercial form, etc).

The disciplinary statute [G.S. 93A-6(a)] establishes a broker’s obligation concerning

delivery of the closing statement. It states that a broker may be subject to disciplinary action for:

(14) Failing, at the time a sales transaction is consummated, to deliver to the broker’s

client a detailed and accurate closing statement showing the receipt and disbursement of

all monies relating to the transaction about which the broker knows or reasonably should

know. If a closing statement is prepared by an attorney or lawful settlement agent, a

broker may rely on the delivery of that statement, but the broker must review the

statement for accuracy and notify all parties to the closing of any errors.

[Emphasis added.]

-20-

Thus, a broker’s duty to provide a party with a copy of the settlement statement is

satisfied if the broker assures that the closing attorney/settlement agent has provided a copy of

the Closing Disclosure to the party.

Broker Obligations

! A broker must confirm the accuracy of all entries about which s/he has direct

knowledge. Such items include, but may not be limited to:

• the sale price;

• amount of the due diligence fee and earnest money deposit;

• amount of the brokerage commission and split;

• any amounts due either party under the offer to purchase and contract, e.g.,

closing costs paid by seller, as well as any sums paid by or due to third parties

related to the transaction, if the broker knows or should know about the expense.

! As to amounts paid by or due to third parties, brokers generally may assume that the

amounts for charges and fees as stated on the settlement statement are correct unless

there is something that would lead a reasonable broker to suspect that an amount is

incorrect. As to all debits and credits related to the transaction, whether paid before or at

closing, the broker must:

1) review and confirm that all charges and credits have been properly debited or

credited to the seller or buyer and are entered in the correct column;

and

2) review and confirm the accuracy of the calculations for all prorated items, escrow

reserves, interim interest, excise tax and the “bottom line figures,” i.e., total

settlement charges to each party, cash from borrower-buyer, and cash to seller.

! If a broker is aware of any expense related to the transaction paid to or by either party or

any third party that is not included on the settlement statement, the broker must notify

both the settlement agent and the lender of the omission, as the settlement statement

should reflect all expenses and payments related to the transaction, not just monies the

settlement agent disburses. Failure to notify the lender of any such expense or payment

would be considered willful failure to disclose a material fact, e.g., not telling the lender

that the buyer’s friend loaned them money for closing costs, or that the builder-seller is

giving the buyer a $200 gift card, or that the $450 paid to the home inspector prior to

closing was paid by the borrower’s parents. Understand, none of the foregoing acts is

illegal so long as it is disclosed to and approved by the lender and it appears in the

proper column on the settlement statement/Closing Disclosure. If the lender doesn’t

approve the payment, then the borrower/buyer can’t accept it.

A broker should notify the settlement agent if the broker believes there are any errors or

omissions on the disclosure statement.

Potential Issues

1. Delayed Closings. The primary anticipated issue that may arise for brokers in connection

with the new law and forms is delayed closings due to lender/settlement agent’s failure

to ensure timely receipt by the Buyer/Borrower of the CD at least three business days

prior to settlement (personal delivery), or perhaps as many as six business days if

-21-

delivery is by any other means, subject to proof of earlier receipt. Brokers should

prepare their clients for this possibility and the ramifications.

2. Earlier Performance of Tasks. The historical timeline for performing various tasks, such as

title searches and gathering invoices and documenting expenses to be paid at closing,

including taxes, insurance, seller’s loan payoffs, repairs, owner association information,

home warranty premium, etc., presumably will be accelerated. Lenders will need this

information at least 2-3 weeks prior to settlement so they can prepare the buyer’s CD and

timely deliver it at least 3-6 days prior to consummation. Note too that buyers may incur

legal fees earlier in the process than at present as attorneys most likely will need to

perform a title search more than a week prior to settlement in order to assure the lender of

clear title.

3. Settlement Agent’s Ability to Change Closing Disclosure. Some major lenders have

announced that they will prepare all lender required documents in-house and will not

allow closing attorneys/settlement agents to make any changes on the closing disclosures.

How they plan to handle last minute revisions that invariably arise at the closing remains

to be seen. Some lenders have indicated an intent to funnel information/documents

through a portal. To have access to the portal, one must pay a fee, which can be passed

on by the closing attorney to the borrower/buyer.

As far as the CFPB is concerned, “...creditors and settlement agents also may

agree to divide responsibility with regard to completing the Closing Disclosure, with the

settlement agent assuming responsibility to complete some or all the Closing

Disclosure.”

There are many resources available at the CFPB’s website (see below) for those who want more

information about the new TRID rules including:

C guides to and samples of proper completion of the Loan Estimate and new Closing

Disclosures,

C videos,

C templates,

C timelines, and

C closing factsheets

See: www.consumerfinance.gov/regulatory-implementation/tila-respa/

Licensees who are members of a Realtor® organization will also find many resources available

through the National Association of Realtors® website.

-22-

FACT SITUATION FOR SAMPLE CLOSING DISCLOSURES

(Using 365 day calendar)

Settlement date = November 23

$249,650 = Sale price (no personal property)

$2,471 = Real property taxes– paid by seller before closing; prorate at closing.

$500 = Due Diligence Fee

$3,500 = Earnest Money Deposit

$138,425 = Seller’s Loan payoff

$37.7534/day = Interim mortgage interest

$840 = Private Mortgage Insurance premium

$684 = Homeowner’s Insurance premium

$85 = Deed preparation fee

$500 = Excise tax

$400 = Survey

$450 = Home Warranty - to be paid by Sellers at closing.

$30 = Courier fees - overnight to buyer’s lender

$30 - Courier fees - payoff of sellers’ lender

$650 = Attorney’s Fee

$505.40 = Title Insurance - Lender policy

$64.60 = Title Insurance - Owner Policy

$82 = Recording fees: Warranty Deed = $26.00; Deed of Trust = $56.00

Additional Facts

Brokerage commission = 6% of sale price to be divided equally between agents.

Financing = $212,000 conventional 30 year loan with a fixed interest rate of

6.5%, .75% origination fee, $280 application fee & 1 loan discount

point to be paid by borrower.

Lender requires initial escrow reserves at closing equivalent to 4 months of taxes, and 2 months

each of homeowner’s insurance and mortgage insurance premiums.

Expenses Paid By Borrower Before Closing

Appraisal = $450

Credit Report = $55

Pest Inspection = $65

Home Inspection = $325

Pages 2 and 3 of the Buyer’s Closing Disclosure (BCD) on the next two pages are completed

based on the foregoing numbers; pages 1, 4 and 5 have been omitted as they concern financial

disclosures about loan terms and costs and will be completed either by the lender or the

settlement agent based on information supplied by the lender. A completed Seller’s Closing

Disclosure (SCD) follows the BCD.

-23-

Borrower Closing Disclosure page 3

Borrower Closing Disclosure page 2

CLOSING DISCLOSURE PAGE 1 OF 2

Transaction Information

Borrower

Seller

Closing Information

Date Issued

Closing Date

Disbursement Date

Settlement Agent

File #

Property

Sale Price

Closing Disclosure

SELLER’S TRANSACTION

Due to Seller at Closing

01 Sale Price of Property

02 Sale Price of Any Personal Property Included in Sale

Adjustments for Items Paid by Seller in Advance

09 City/Town Taxes to

10 County Taxes to

11 Assessments to

Due from Seller at Closing

01 Excess Deposit

02 Closing Costs Paid at Closing (J)

03 Existing Loan(s) Assumed or Taken Subject to

04 Payo of First Mortgage Loan

05 Payo of Second Mortgage Loan

08 Seller Credit

Adjustments for Items Unpaid by Seller

14 City/Town Taxes to

15 County Taxes to

16 Assessments to

CALCULATION

Total Due to Seller at Closing

Total Due from Seller at Closing

Cash From

To Seller

Summaries of Transactions Contact Information

REAL ESTATE BROKER (B)

Name

Address

__ License ID

Contact

Contact __ License ID

Phone

REAL ESTATE BROKER (S)

Name

Address

__ License ID

Contact

Contact __ License ID

Phone

SETTLEMENT AGENT

Name

Address

__ License ID

Contact

Contact __ License ID

Phone

Questions? If you have questions about the

loan terms or costs on this form, use the contact

information above. To get more information

or make a complaint, contact the Consumer

Financial Protection Bureau at

www.consumernance.gov/mortgage-closing

Seller

16,044.00

138,425.00

Nov 23, 2015

$249,650.00

249,907.26

249,650.00

11/24

12/31 257.26

154,969.00

138425.00

Due Diligence Fee 500.00 500.00

■

ABC Realty

502 Main St, Anytown, NC

XYZ Realty

609 S. Fourth St Anytown, NC

16,044.00

249907.26

94,938.26

154969.00

Loan Costs

CLOSING DISCLOSURE PAGE 2 OF 2

Seller-Paid

At Closing Before Closing

A. Origination Charges

01 % of Loan Amount (Points)

B. Services Borrower Did Not Shop For

C. Services Borrower Did Shop For

J. TOTAL CLOSING COSTS

Closing Cost Details

E. Taxes and Other Government Fees

01 Recording Fees Deed: $120.00 Mortgage: $32.00

F. Prepaids

01 Homeowner’s Insurance Premium ( 12 mo.)

02 Mortgage Insurance Premium ( mo.)

03 Prepaid Interest ( $26.31 per day from 3/23/12 to 3/31/12))

04 Property Taxes ( mo.)

G. Initial Escrow Payment at Closing

01 Homeowner’s Insurance per month for mo.

02 Mortgage Insurance per month for mo.

03 Property Taxes per month for mo.

08 Aggregate Adjustment

H. Other

Other Costs

Seller

Excise Tax

500.00

Home Warranty premium

450.00

Warranty Deed

85.00

7489.50

30.00

16,044.00

Brokerage commissions - ABC Realty

Brokerage commission - XYZ Realty

Courier fees - loan payoff

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