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.
Disclosure of good faith estimate of costs must be made no later than 3 days after application. This means that a creditor must deliver or mail the early disclosures for all mortgage loans subject to RESPA no later than 3 business days (general definition) after the creditor receives a consumer's application.
This three business-day rule may include Saturdays, but it does not count Sundays or holidays. For instance, if you want to sign on a Friday and a holiday falls on a Thursday, you must receive your closing disclosure on Monday. Because of this, the three-day period is NOT measured by hours.
You should expect the process to follow the clear-to-close 3-day rule, where you receive your Closing Disclosure 3 business days before your closing date.
Your lender is required to send you a Closing Disclosure that you must receive at least three business days before your closing. It's important that you carefully review the Closing Disclosure to make sure that the terms of your loan are what you are expecting.
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).
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.
Saturdays count toward this 3-day rule!
This is referred to as a Precise Business Day. So, for Closing Disclosure and Rescission purposes, you always count Saturday but never count Sunday as a business day.
Generally, if changes occur between the time the Closing Disclosure form is given and the closing, the consumer must be provided a new form. When that happens, the consumer must be given three additional business days to review that form before closing.
You'll receive the Loan Estimate and Closing Disclosure forms during the home-buying process. The Loan Estimate comes at the beginning, after you apply, while the Closing Disclosure comes at the end before you sign the final paperwork for your mortgage.
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).
The three-day cancellation rule, also known as the “right of rescission,” is a consumer protection law from the Truth in Lending Act. It gives you three business days, including Saturdays, to change your mind about a loan.
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.
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.
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.
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.
The Loan Estimate must be provided to consumers no later than three business days after they submit a loan application. The second form (Closing Disclosure) is designed to provide disclosures that will be helpful to consumers in understanding all of the costs of the transaction.
After you receive your Loan Estimates, it's up to you to decide whether to move forward with a mortgage application.
This form integrates and replaces the existing RESPA GFE and the initial TIL for these transactions. The creditor is generally required to provide the Loan Estimate within three-business days of the receipt of the consumer's loan application.
Things like changes to the interest rate, changes to the loan amount, and APR changes over an eighth of a percent, can trigger another waiting period.
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.
By law, you must receive your Closing Disclosure at least three business days before your closing. Read your Closing Disclosure carefully.