Disclosures

Disclosures are sets of forms used to inform and protect consumer of the different aspects in securing real property or mortgages. Every state has different requirements.

There are many disclosures involved in Real Estate and obtaining a mortgage loan.

Some examples of mortgage disclosures are:

  • The Truth in Lending Act (TIL), requiring the disclosure of finance charges and annual percentage rates (APR) for consumer comparison purposes
  • The Equal Credit Opportunity Act (ECOA), prohibiting against discrimination because of age, sex, marital status, or ethnic background
  • The Fair Credit Billing Act (FCBA), ensuring prompt correction of billing errors
  • The Fair Credit Reporting Act (FCRA), providing procedures for correcting credit record mistakes
  • The Consumer Leasing Act (CLA), requiring disclosure of information for consumer comparison purposes
  • The Real Estate Settlement Procedures Act (RESPA), requiring the disclosure of information about the costs and services involved in property transfers
  • The Mortgage Disclosures Act, requiring lending institutions in urban areas to inform the public of mortgage and home improvement loans
  • Adjustable Rate Mortgage (ARM) Disclosure, requiring the consumer to be aware of when their loan becomes adjustable and the new payment amount
  • Good Faith Estimate (GFE), provides a list of all fees or settlement charges being charged for the consumer to obtain a loan
  • Right to Rescission Disclosure, provides the consumer opportunity to reconsider and cancel a refinance loan within 3 days of obtaining and closing on the loan
  • Private Mortgage Insurance (PMI) Disclosure, insurance against the non-payment of, or default on, an individual mortgage or loan involved in a residential mortgage transaction where the consumer can not put down at least 20% as a down payment
  • Right to receive appraisal disclosure, provides the consumer the right to receive the  original or a copy of the appraisal directly from the appraiser, lender or mortgage company, after all you did pay for it
  • Authorization to release disclosure, authorizes the company you are obtaining a loan from permission to pull your credit and obtain any information necessary to complete the loan process
  • Flood Insurance Disclosure, requires that properties located in certain areas must be insured for flood damage in an amount not less than the amount of the mortgage loan or the maximum allowable coverage permitted by law in the area
  • Pre-payment Penalty Disclosure, informs the consumer of any pre-payment penalties associated with their loan.
  • Some examples of real estate disclosures are:

  • Termination Right disclosure; states should delivery of this disclosure occur after execution of an offer or of a purchase agreement, the buyer has three days after delivery of the disclosure in person or five days after delivery by deposit in the United States mail to terminate the offer or the agreement by delivering a written notice of termination to the seller or the seller’s agent
  • Transfer Disclosure Statement (TDS); requires a seller to provide prospective buyers with a written disclosure statement covering such items as appliances, structural defects and modifications, possible easements, neighborhood problems and other material fact that may affect the principal's decision in a transaction
  • Lead Based Paint Disclosures; requires both sellers and lessors to disclose known lead hazards by providing an informational booklet and a disclosure form as addenda to the purchase contract or lease. The federal lead paint disclosures apply to leases and sales of residential property, including mobile homes, constructed before 1978
  • Seller’s Disclosure; is a disclosure that is signed by the seller, where the seller must disclose: any environmental hazards, shared walls or fences, easements, and room additions or repairs not made with proper permits. The seller must also disclose any significant malfunctions or a defect in the existing home's major systems.

 

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