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October 26, 2016

Most loan documents haven’t changed since the 80’s

Most Mortgage loan documents haven’t changed since the 80’s. Which ones would you change? With the advent of the Closing disclosure, the HUD and the Truth in Lending were eliminated. But, did that really improve the loan industry? It’s the same information in a different form. Personally, I liked it better the old way. The music was better in the 80’s as well, but that’s a different story (or song).

Then we have Deeds of Trust. Each one is a different length. They range from two pages to 54 pages. Wouldn’t it be easier if there were a standardized length for a Deed of Trust. And who is going to sit and read all 54 pages and actually understand it.

Next, the 1003 always has wrong information in it. Shouldn’t it be required by law to double check your work if you work in a Mortgage or Title house?

The Signature Affidavit is another document I don’t like. If you have a legal name, you should use that name on all of your documents. It’s too complicated if you keep changing your name around with variations. Mathematicians like to have a single name for an entity. The minute you have multiple names it becomes difficult to identify that entity especially if writing computer programming code. Personally, if your last name is a common name like Smith, Gonzalez, or Hussein, you should definitely use a middle initial. But, life is easier with email addresses. A single email address cannot be assigned to more than one person. Personally, I think that the government should make us have an official registered email address that they patrol for spam. That way, we can be reached without having to go to the mail box. Times are changing, but our government and loan brokers are not.

The Flood Disclosure is another document that I find funny. I think it would be ironic if you spilled your Pepsi on a flood disclosure of all of the documents in the stack.

Speaking of irony, hairstyles have gotten shorter since the 80’s, but loan document packages seem to have gotten longer — and with more fax backs.

I think that loans need to be simpler and that the government should step in and have some standards. But, in the mean time, we’ll do what we can. Let us know if there are any changes to loan documents that you recommend.


You might also like:

Ken’s tips for the Closing Disclosure

The 4506, Name Affidavit, Deeds, and more documents explained


June 19, 2016

Ken’s tips for the Closing Disclosure

Timing Changes to the Closing Process
Well, it’s bye bye time for the good old TIL and HUD. No longer will notaries be waiting for approval of the “final HUD”. Hooray. Borrowers will usually have the new Closing Statement 6 days prior to notary arrival! Less chance for a surprise at the table.
The changes to loan and closing procedures are far more than a few new documents. The biggest changes are to the closing time-lines.

The HUD-1 and Truth in Lending forms will be replaced by a new “Closing Disclosure.”

You will need to learn a new vocabulary. Some common terms are:
TRID = TILA/RESPA Integrated Disclosure
CD = Closing Disclosure
Consummation = Closing
CFPB = Consumer Finance Protection Bureau

Time Frames
New timing and delivery requirements will change the way we handle closings. This is the BIG news for the gang! There is new stuff to consider about timing:
The final Closing Disclosure must be delivered and received no later than 3 business days prior to closing.

If the lender sends the final documents 6 business days prior to closing, they don’t need to prove the buyer(s) receipt.

Most lenders will mail the closing disclosure 6 business days before closing. This pushes back the time frames for closing and makes it harder, if not impossible to address late breaking changes or issues in the days leading up to closing.
Fewer last minute notary requests: Lenders will have less time to get loans approved and the parties will have much more difficulty making last minute changes and adjustments.

You might also like:

The Closing Disclosure

The 4506, Name Affidavit, Deeds, and more documents explained

TRID information courtesy of Carmen

Index of information about documents