According to the Consumer Financial Protection Bureau's final rule, the creditor must deliver the Closing Disclosure to the consumer at least three business days prior to the date of consummation of the transaction.
The California Purchase Contract is chock-full of deadlines: three days to place a deposit into escrow; 17 days to perform investigations; scheduling utilities, organizing closing, and many other important details.
This critical time frame allows borrowers a dedicated window to review the terms, costs, and conditions of their mortgage before committing to the closing. It's a consumer protection measure, giving the borrower time to ask questions, seek clarification, and ensure there are no surprises on the day of closing.
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 circumstances meet the criteria for establishing a bona fide personal financial emergency under § 1026.23(e).
If the overstated APR is inaccurate under Regulation Z, the creditor must ensure that a consumer receives a corrected Closing Disclosure at least three business days before the loan's consummation (i.e., the inaccurate APR triggers a new three-business day waiting period).
To avoid any financing roadblocks or a delayed closing, ensure that there are no major changes with your financial situation from the time you've submitted your loan application to the day of closing, such as buying a new car. With that said, it's recommended to work with a knowledgeable, local mortgage broker.
Speaking of mortgage lenders, the time it takes to close on your house can vary depending on the type of loan. For instance, a VA loan can take 40 to 50 days, and an FHA purchase loan takes roughly the same time. However, some mortgage lenders promise speedy closing timelines, as fast as seven to 10 days in some cases.
Can a mortgage be denied after the closing disclosure is issued? Yes. Many lenders use third-party “loan audit” companies to validate your income, debt and assets again before you sign closing papers. If they discover major changes to your credit, income or cash to close, your loan could be denied.
Some buyers may be able to negotiate an immediate possession date. This means as soon as the transaction is closed and the deed is recorded, the buyer can move in. A few other common buyer possession dates may be 15 days, 30 days, 60 days, or even 90 days after closing, depending on how much time the seller needs.
This clause allows a seller to continue marketing and accepting offers on their property even after they have accepted an initial offer, with the condition that the original buyer has a specified amount of time, typically 72 hours, to remove or waive any contingencies and proceed with the purchase.
Under another federal law, the "three-day cancellation rule," you have until midnight of the third business day after a contract was signed to cancel a home improvement loan, a second mortgage, or another loan where you pledge your home as security (except for a first mortgage).
Timing Requirements – The “3/7/3 Rule”
The initial Truth in Lending Statement must be delivered to the consumer within 3 business days of the receipt of the loan application by the lender. The TILA statement is presumed to be delivered to the consumer 3 business days after it is mailed.
You can back out of buying a house any time before closing. However, you'll likely face penalties — including possibly being sued — if the purchase agreement has already been signed and you're backing out for a reason that isn't listed as a contingency in the purchase agreement.
In most cases, the final walk-through is scheduled within 24 hours prior to the closing date. Your real estate agent can help you set a time with the seller's agent when you can be sure the property will be accessible and (hopefully) vacant.
A buyer and seller can agree to close sooner, and they can put this in the purchase contract, but the lender must be able to perform its role during that time frame. If not, it doesn't matter what date is chosen because the closing can't occur if the lender isn't ready.
A closing may fall through for many reasons, including title-insurance surprises, buyer financing rejections, inspection failures, and lowball appraisals. Even buyer's remorse can sour a deal.
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.
To begin with, yes. Many lenders hire external companies to double-check income, debts, and assets before signing closing documents. If you have significant changes in your credit, income, or funds needed for closing, you may be denied the loan.
Use pre-approval to speed up closing time
Often, a pre-approval can speed up closing by a week or more. This is possible because of the role which a pre-approval plays to a lender. Mortgage pre-approvals are dry runs: approvals based on an expected set of loan criteria which will eventually go to closing.
Closing speed is often used to explain the potential damage caused by two vehicles having a head-on collision. If vehicle A is doing 60mph and vehicle B is doing 60mph, the closing speed would be 120mph.
The closing process on a home purchase can take anywhere from a week to 60 days, depending on the property type, whether or not you're buying with a mortgage and what type of loan you're taking out.
When you miss a closing date as a buyer, technically you are in breach of contract and the seller could take legal action against you including your being mandated to reimburse them for mortgage, taxes, insurance, or other costs they may have incurred because of the delayed closing.
Earnest money is a deposit made early in the process to show good faith and commitment to the purchase, while a down payment is a larger payment made at closing that reduces the amount of the mortgage loan needed to purchase the property.