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New Mortgage Rules to Ease Closing Process and Protect Borrowers

Lots of horror stories emerged from the foreclosure crisis: People didn’t understand the terms of their loans, borrowers said they were blindsided by changes in fees and rates at the closing table and homebuyers complained about the level of disclosure in the mortgage process.

Since its inception in 2011, the Consumer Financial Protection Bureau has been working to make the loan process more transparent. Among the changes coming this year is the implementation of what is called the TILA-RESPA Integrated Disclosure rule, which changes the disclosure rules for mortgages.

“It’s going to change drastically for all of us,” says Erin Sheckler, president of NexTitle, a title and escrow company based in Bellevue, Washington. “It’s changing the way we’ve done business over the last several decades.”

The rule includes two new “Know Before You Owe” forms, which will replace four current forms starting Oct. 3. By introducing forms that are expected to be less confusing, the goal is to make sure consumers understand at every step along the way the terms of their loans and the fees they are paying. The new forms will be used in every mortgage transaction.

The Loan Estimate and the Closing Disclosure replace four existing forms: the Good Faith Estimate and the initial Truth-in-Lending disclosure provided when you apply for a loan, and the HUD-1 Settlement Statement and the final Truth-in-Lending form issued just before closing.

“The forms are fantastic. They are just awesome,” says Casey Fleming, author of “The Loan Guide: How to Get the Best Possible Mortgage” and a mortgage professional in the San Francisco Bay Area. “They’re not perfect, but they’re really good.” Plus, since the forms are standard, they will make it easier to compare rates and fees while shopping for a mortgage.

The Loan Estimate form includes the interest rate, the fees for both lender and third-party services such as appraisals and title insurance, estimated closing costs and whether the borrower has the right to shop for services like title insurance. It also lists any prepayment penalties or future expected changes in interest rates. Lenders will be required to provide this form within three days of a loan application.

The Closing Disclosure includes the final figures for closing costs, prepaid taxes and insurance, payments, fees and mortgage terms, plus what costs are being paid by buyer and seller and, for the first time, how much is paid to each real estate company involved in the transaction.

“It should make it a lot easier to understand what fee they’re being charged and what moneys they have to bring to closing,” says Sylvia Gutierrez, a mortgage professional in Miami and the author of “Mortgage Matters: Demystifying the Loan Approval Maze.”

You can see examples of the new forms and compare them with the old forms at the Consumer Financial Protection Bureau website.

The new rules were scheduled to go into effect Aug. 1, but they have been delayed about two months to give the industry time to prepare for the changes and make sure all the systems are in place. While the forms have been widely praised, mortgage originators and real estate agents fear the new rules will delay the closing process, especially when they first go into effect. The National Association of Realtors has advised its members to add 15 days to contracts.

“It’s requiring a fundamental change in how we process loans,” Gutierrez says. “It’s a great thing for the consumer. It’s a challenge for the industry.”

That’s partly because borrowers will receive the Closing Disclosure three days in advance, rather than waiting until the day of the closing to see the final figures, as they do currently. The new rules build in many protections for borrowers. If the type of loan changes, the rate changes more than one-eighth of a percent or a prepayment penalty is added, another waiting period of three business days starts after the new documents have been received. “We’re always dealing with last-minute changes at the table,” Sheckler says. “That’s no longer going to be allowed.”

At least some lenders say they are going to mail mortgage documents rather than send them electronically, which would add another three or four days to the process.

But opting for an electronic approach could shorten the process by two weeks, Sheckler estimates, noting that the law does not require lenders to use U.S. mail. “I think electronic disclosures and e-signatures are incredibly important,” she says. “There really is a more streamlined process. The rules totally allow for electronic disclosures.”

Another big change is that the closing documents now will be drawn up by lenders, rather than by closing agents. While the law doesn’t require the lender to draw up the documents, the law holds the lender accountable for errors.

Each settlement agent — usually a lawyer or title company — may deal with 100 different lenders, Sheckler says, each of whom will have its own process, which means learning multiple new systems when the new forms are introduced. Fleming notes that lenders are not allowed to use the new forms until Oct. 3, and that penalties for errors will go into effect immediately.

“There is zero tolerance throughout most of the disclosures for any error, but they’re being prepared by human beings,” he says. “It’s certainly going to create delays.”

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New Mortgage Rules to Ease Closing Process and Protect Borrowers originally appeared on usnews.com

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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