The three-day rule requires the counting of “business days,” which are “all calendar days except Sundays and the legal public holidays specified in 5 U.S.C.
If you are closing on Friday, the lender must have the closing disclosure to you by the preceding Tuesday. This gives you three consecutive days to review the document before closing. However, If you are closing on Tuesday, you are to receive it on the preceding Friday.
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.
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.
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).
Purpose of the 3-Day Waiting Period
The 3-day waiting period serves a crucial purpose: to empower borrowers with information. It offers an opportunity for reflection, allowing borrowers to compare the final terms with the loan estimate and seek clarification on any discrepancies or concerns.
Saturdays count toward this 3-day rule!
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.
For rescission purposes, business days include Saturdays, but not Sundays or legal public holidays. For example, if the last of the above three events occurs on a Friday, and there are no legal public holidays in between, then you have until midnight on the following Tuesday to rescind.
The “total of payments” is found on page 5 of the Closing Disclosure form in the “Loan Calculations” section. This total includes principal, interest, mortgage insurance (if applicable), and loan costs. It assumes that you make each monthly payment as agreed – no more and no less – until the end of the loan.
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.
What Happens If a Loan Estimate Is Not Sent Within the 3 Days? This is a violation of the law. If a lender fails to provide origination information, the applicant can report their creditor details to the Consumer Financial Protection Bureau.
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. Delivery vs. Receipt of Disclosures: For purposes of initial the Loan Estimate when the disclosure is delivered.
Understanding the Three-Day Rule
Federal regulations require that you sign the Initial CD a minimum of three business days before closing. Here's how the timeline works: Example 1: Closing on Thursday? The Initial CD must be signed by Monday at midnight.
The Loan Estimate and Closing Disclosure from the lender show estimated closing costs and cash to close. Use the cash to close formula or a closing cost calculator. Subtract any seller or loan credits.
It's the idea that 80% of outcomes are driven from 20% of the input or effort in any given situation.
Here's an example: Let's say a buyer puts down an offer for $160,000 on a home and another buyer comes along a week later and offers $190,000 instead. If a 72-hour clause has been written into the contract, the original buyer now has 72 hours to make a better offer than $190,000.
The 72-hour rule applies to a procedure done on one day (initial date of service) that is followed by a second or combination procedure performed up to 72 hours after the initial date of service. These procedures would then have the correct coding or bundling rules applied.
A calendar day includes weekends (Saturday and Sunday) and State holidays.
Key Elements of TRID: Loan Estimate Form: Replaces the initial Truth-in-Lending disclosure and the Good Faith Estimate. It must be provided to borrowers within three business days of submitting a mortgage application. This form summarizes key loan terms, estimated loan and closing costs, and other critical information.
You should also not go through with the closing until you receive and review the Closing Disclosure. Your lender is required to send you a Closing Disclosure that you must receive at least three business days before your closing.
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.
This three business-day rule was introduced in October of 2015, and it applies to both original mortgages and refinancing. When your three business-day waiting period starts is determined by your consummation day. This three business-day rule may include Saturdays, but it does not count Sundays or holidays.
The closing date is set after your mortgage loan has been approved and you accept the commitment letter. Your agent will coordinate this date with you, the seller, your lender, and the closing agent.