Once you sign the Closing Disclosure, your mortgage paperwork will be prepared and all involved parties should prepare for the loan to close in 3 business days at the earliest.
After receiving a clear to close (CTC), the next step is to review your closing disclosure. Your lender should prepare this document and send it to you. A closing disclosure outlines the final or near-final costs for both the borrower and seller, including the mortgage rate and term, loan type and closing costs.
Please note that these disclosures are preliminary and are not meant to convey the final terms and details, but they will give you a realistic look at what you can expect in terms of costs and monthly payments.
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.
The 3-day waiting period begins with the delivery of the closing disclosure document to the borrower. This critical time frame allows borrowers a dedicated window to review the terms, costs, and conditions of their mortgage before committing to the closing.
Previously, California did not require initial disclosures unless stipulated to by the parties or ordered by the court. Parties had 45 days to respond. The California Discovery Act now requires that all parties provide initial disclosures “within 60 days of a demand by any party to the action” or by court order.
The initial disclosures are non-binding, so you can go ahead and sign them as-is. Please make note of any incorrect information and e-mail the changes needed to the Mortgage Analyst working on your file.
The vast majority of the time the Initial CD won't be completely accurate, since it may not reflect seller credit, seller tax pro-rations, your earnest money, any realtor fees or survey/home inspection fees, etc. These are the items that will be adjusted by the title company at least 2-3 days before your closing.
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.
Once you and your lender sign the Closing Disclosure, no changes can be made to the mortgage terms. Is the Closing Disclosure the last step in the mortgage process? No, but you're very close to closing on your home now.
Lenders typically do last-minute checks of their borrowers' financial information in the week before the loan closing date, including pulling a credit report and reverifying employment. You don't want to encounter any hiccups before you get that set of shiny new keys.
The TILA-RESPA rule provides consumer protections and limits the amount of any increase in the borrower's cash-to-close amount. Even the slightest change obligates the lender to issue a revised closing disclosure, but certain changes do not trigger a new 3-day waiting period after the new disclosure.
By law, you must receive your Closing Disclosure at least three business days before your closing. Read your Closing Disclosure carefully. It tells you how much you will pay for your loan. Our interactive sample Closing Disclosure helps you double-check the details and get definitions for terms used on the form.
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.
After you've cleared underwriting and conditional approvals, your loan officer will send you a Closing Disclosure. This five-page document outlines the terms and conditions of your mortgage agreement, providing a comprehensive overview of all of the costs and fees you'll pay when you provide your signature.
Does a closing disclosure mean your loan is approved? No, a closing disclosure does not always mean your loan is approved. You may find incorrect information or something you want to change. Your lender also has the opportunity to back out if they find something new that makes them change their mind.
What happens after receiving the Closing Disclosure, the borrower usually has a mandatory waiting period to review the document before the loan can proceed to closing. During this period, they can ask questions and seek clarification from their lender or closing agent.
Underwriting. Submission to Underwriting: This will be completed once disclosures have been signed and all up-front income, assets, and credit documentation have been provided. The goal is to get to this stage within 3 days to one week from when you apply.
For traditional mortgages, the most noticeable is the three business-day waiting period between receiving your closing disclosure and the consummation date (often known as your closing day). This three business-day rule was introduced in October of 2015, and it applies to both original mortgages and refinancing.
If your financial situation changes suddenly, for example, a significant loss of income or a large amount of new debt, then your loan could be denied. Issues related to the condition of the property can lead to a loan denial after closing.
The Bottom Line. While loans falling through after closing may not be the norm, it does happen. And unfortunately, some things will be out of your hands, like title issues. But there are many things in your control, such as not making big purchases or applying for new credit.
These initial disclosures provide a description of the evidence you currently have in your possession to support your claims, including a list of your potential witnesses and a list of documents that support your claims and defenses.
When you apply for a mortgage loan, the lender is required to provide you with initial disclosures within three business days of application. Initial disclosures let you know what you can expect in terms of cost, monthly payments, and loan structure.
Now, in all cases filed on or after September 1, 2023, Initial Disclosures are not mandatory. To obtain the Other Party's Initial Disclosures, a request must be made. A Party may request Initial Disclosures no later than 30 days before the close of the Discovery Period by serving a request.