Portions of the Mortgage
Disclosure Improvement Act, or MDIA, was
enacted by the US Government on July 30th
2009. What this means to you, the borrower,
is that you are required to be more informed
before committing to a mortgage loan. Put
simply, MDIA is a new policy designed to
protect you from unscrupulous mortgage
lenders and to ensure that you have time to
make informed decisions.
The first thing MDIA is designed to do is to
ensure that you receive your disclosures
known as the Good Faith Estimate and Truth in Lending
Disclosures before paying any fees.
The truth in lending
document shows what your Annual Percentage
Rate (APR) is for the proposed loan.
The APR is calculated based on your mortgage
rate plus certain closing costs and any
upfront interest due. Your APR will almost
always be higher than your mortgage note
rate because the APR factors in closing
costs.
Shown below are items that
affect the APR.
Note:
these fees paid by the borrower and can
affect the APR.
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Application Fee
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Assignment Fee
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Assumption Fee
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Attorney Fee
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Commitment Fee
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Courier Fees
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Escrow Waiver Fee
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Flood Certification
w/life of loan |
Funding Fee
|
|
Inspections for
Construction |
Wire Fees
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Loan Discount Fee
|
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Loan Origination Fee
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Mortgage Broker Fees
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Mortgage Insurance
Premiums |
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Per diem Interest
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Processing Fees
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Administration Fees
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Underwriting Fee
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Settlement/Closing
Fees |
Tax Life of Loan
Certification |
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Tax Service Fee
|
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To help clear up MDIA, we
have provided a summary of the key points to
the policy;
1) Upfront fees (with the exception of
reasonable credit report fees)– cannot be
collected by any mortgage lender, bank, or
broker prior to you receiving your initial
Good Faith Estimate (GFE) of closing costs
and Truth in Lending (TIL) statement. If
anyone asks you for payment of any kind
before you receive your disclosures, they
may violate MDIA.
2) Seven day waiting period – from the time
initial disclosures are mailed (including
email), a mandatory seven business day
waiting period is required prior to a loan
closing. This is designed so that you have
adequate time to review your disclosures and
be sure that the loan is right for you.
3) Corrected Disclosures – if the final APR
for your loan is 0.125% higher or lower for
a fixed rate loan or .250% higher or lower
for an adjustable rate loan, your mortgage
provider is required to provide you with
updated disclosure documents. Once these
have been provided to you, a new three
business day waiting period is required
before you can close. Once again this is
designed to ensure that you have adequate
time to make an informed decision. Please
note, if the corrected disclosures are not
signed and returned to the mortgage
provider, the waiting period would be six
business days instead of three.
Many institutions have voiced concern about
MDIA, however we embrace this new act as we
believe it allows consumers to have a better
understanding of the costs associated with
their new loan. We have always provided our
customers with a Good Faith Estimate upfront
before you do business with us. We primarily
use email to transmit our initial
disclosures to you.
Once you receive them,
we encourage you to review, sign, and return
by fax to (727) 819-0090 or by reply.
During the loan process,
we will provide you with updates to your
GFE. Once we receive your preliminary
settlement statement from the closing agent,
we will compare that to our initial GFE. We
will update your GFE to match those items on
your preliminary closing statement and
re-send together with the closing statement
so you can review. The 3- day requirement
starts again if there are any changes that
affect your APR by more than 0.125%.
This is how MDIA
(Mortgage Disclosure Improvement Act) will
affect your loan and how we process each
loan application.
Please contact us with any
questions.
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