Dear Kathe,
What impact will the new lending laws have on us as future home buyers?

This is a huge topic that I have attended day long seminars on! On October 1st, new laws will take effect that will impact the way that we all buy and sell homes. Its complex and will take some getting used to, but its important to keep in mind that all buyers and sellers should plan to close their transactions in no less than 60 days, unless the buyer is a cash buyer. Stacked closings, where the sellers close on their home and immediately close on their new home, will, at least until we adjust to the new rules, become much trickier.

To start, much of the terminology has changed. Lenders are now called Creditors. Borrowers are called Consumers. The Good Faith Estimate is no more – it has been replaced by the Loan Estimate – this is what your Creditor gives you to set forth the loan terms. The HUD-1 is also gone. It has been replaced by the Closing Disclosure. And the closing/settlement is now called the Consummation!

The most cumbersome change is that the Consumer must receive their Closing Disclosure 3 days prior to closing. It is generally considered that this requires sending the Closing Disclosure 7 days in advance of closing. To meet these deadlines, Consumers will need to be very prompt in making their loan application and all of getting their documents to the Creditor. If documents are delayed, underwriting will be delayed and the above notice requirements may not be met. If these requirements are not met, your closing will be delayed.

It is recommended that walk-throughs go to a two-step process. A preliminary walk through is recommended 7 days in advance of closing to make sure the seller has complied with all terms of the Agreement of Sale. Sellers – this means that you will need to make your inspection repairs well in advance of closing. Buyers, your agents will need to remind Sellers through their agents to be sure they leave all appliances, clear all personal effects and debris from the home… A second walkthrough is recommended for immediately before closing, but if there are any issues that affect value (such as an appliance that was removed from the home), this will cause a lengthy delay in the closing. Therefore it is critical that all parties know and understand their obligations under the contract.

The new laws are complex – be sure to choose a real estate professional who is well educated on these changes to make your real estate transaction is as smooth as possible. Check back next week for more information on how these new laws are affecting all of us.