What Is TRID, And Why Should I Care?

Betterloanofficers.com

Have you bought or sold a home in the last forty years? Aside from interest rates and loan products, not much has changed in the home-buying process during that time. But some important changes are on their way, thanks to the Consumer Financial Protection Bureau (CFPB). They're called the Truth in Lending Act (TILA) - Real Estate Settlement Procedures Act (RESPA) Integrated Disclosure, or TRID for short...because there weren't enough acronyms already.

To download a handy booklet that covers everything a consumer would need to know about TRID, head over to the CFPB website and look for the "Your Home Loan Toolkit" PDF brochure. I'll go over the highlights for you:

• Today, many real estate contracts request a closing date 30 days out. When TRID goes into effect on October 3rd, lenders and title companies are recommending that you allow an extra week or two on the contract to ensure compliance with new government mandated waiting periods that are designed to allow consumers adequate time to review loan information prior to closing.
• As a buyer, you'll probably be asked by your lender to sign documents electronically since that will be the most practical way to comply with the new laws.
• The preapproval process remains unchanged, for the most part. Although lenders are now prohibited from requiring income information to provide a Loan Estimate (LE), a smart buyer should know that the most solid loan preapproval will be based on that income information. So make sure you're being open with your loan officer!
• Sometimes under the current laws, the loan is processed well before the closing date, and you get to close early! That's going to be pretty unlikely under the new rules, because the closing date determines some of the information on the Closing Disclosure (CD) and the lender needs to provide the CD to the borrower no later than 3 days prior to closing (including Saturdays for some lenders, excluding Sundays and federal holidays for all lenders).

While there is a lot more to say about TRID, very little of it will be seen by the average consumer. My advice is to make sure you're ready to act quickly once you've chosen a home: provide all the details to your loan officer, get an estimate on homeowner's insurance, and make sure your Realtor is communicating with the lender and the title company on a regular basis.

Something Will Always Go Wrong

It may be an upside-down electrical outlet, last second title issues, or an incorrect item on your HUD-1 settlement statement, but at some point when you're buying or selling a home there will be a problem. When it happens, even if you're tempted to think that the sky is falling, take a deep breath and remember: if buying and selling a home was easy, no one would ever complain about it.

Preparing your response to the issue that may or may not resemble a wrecking ball to your plans takes some guidance, hopefully from your awesome Realtor. First, determine how important the issue is -- not in principle, but in fact. Is it important enough to walk away from the sale? To delay closing until it's rectified? To aggravate the other party further? If you are considering anything else, such as what your mother will say (if you tell her) or your pride, just stop. That's not helping anyone. You have signed a legal contract. If you're considering doing anything to change the terms of that contract or delay its execution, there can be expensive consequences.

Next, brainstorm possible solutions to the problem that would make you more comfortable with the situation, and consider how the other party might respond to each one. Focus on reasonable and quick solutions that won't 1) send a loan back to underwriting, or 2) alienate the other party to such an extent that they refuse to work with you. Did the seller not fix something that was agreed upon in the contract? Offer to send your own contractor, or have the repair funds held in escrow by the closing agent until the work is done.

Remember, nothing is final until all parties have signed the paperwork. If you have a serious issue in your real estate transaction, talk to your Realtor and a real estate attorney if necessary to understand all the options. There is nearly always a solution, and it's our job to help you find it.

The Waiting Game

At the beginning of a real estate transaction, both buyer and seller have a lot to do and plenty of paperwork to sign. After the contract, there's the inspection period and possibly even more paperwork! Next is the appraisal, scheduled through the lender, which takes a bit more time and the buyer and seller don't end up signing anything more unless it comes in too low. But once that's settled, most buyers and sellers feel that the excitement has suddenly dropped off...it could be weeks before closing. What should the buyer and seller be doing after the appraisal?

Essentially, during this period you're waiting for the title company to research the title on the property. They're also communicating with lenders from both sides of the transaction to prepare the necessary closing paperwork. The buyer's lender is also working to pass the file to underwriting, the magical department that gives final approval for your mortgage. Your Realtor is the conduit, communicating regularly with the lender, the title company, and you. However, just because you're waiting on all those people to do their jobs doesn't mean the buyer and seller are done.

Now is the time to really focus on your upcoming move. Pack those boxes, pick a mover, notify the utility companies, file your change of address with the USPS, and make all or your plans for pet care, child care, and time off work to make sure you are ready for moving day. If you already know that you plan to make repairs or renovations at your new home, you can start talking to contractors to determine who will be available and within your price range.  You can also inform your credit card companies and your employer that you will have a new address as of the occupancy date in your contract. Most importantly, you don't want to be that person who is still cleaning the house at 5:30am the day of closing, so find a cleaning company to give the house a thorough once-over if you're the seller (or if you're the buyer of a distressed property)!

The Listing Agreement (Or, I'm paying you how much to do what?)

First off, a disclaimer: I'm only going to talk in general terms about listing contracts, because the language will differ from state to state. I'm in Ohio. If you're not and any of this sounds strange to you, check with a local Realtor (I'm happy to refer you to one if you like!). Also, we're going to assume that all the agents you interview follow ethical guidelines and have your best interests at heart. Hopefully that will make it easier for you to weed out the ones who don't!

If you've decided to list your house with a traditional real estate brokerage like most sellers, you're going to end up signing a listing agreement. It's a standard contract with small variations from brokerage to brokerage and area to area, but the basics are the same. The primary purpose of a listing contract is to outline the agreement between you (the seller) and the brokerage (not the agent, even if they sign it): you agree to allow the broker to market your home for sale at a specified price for a limited amount of time, and to pay the broker a percentage of the sales price when a willing and able buyer is found. Notice I didn't say "when the home sells." More on that in a minute.

PRICE: By the time you decide which broker to use, you should have already received some sort of market analysis to help you understand how to price your home (if not, go back to my previous post and get a CMA!). Based on this information, discuss with your agent at what price you'd like to list in the MLS. Personally, if I meet with a seller who either needs or wants far more money for their house than it's worth, I lay down the honesty as nicely as I can. But if they want to try to sell their home for $185,000 when I think the top of the range is $180,000, I may agree to take the listing as long as we write into the listing agreement that the price will be re-evaluated in two weeks' time with showing feedback and market activity. Those numbers are close enough, and since real estate pricing is not an exact science there's always a chance I could be wrong. Note: if that same seller had wanted to list at $200,000, I would politely decline the listing.

TERM: A listing contract can be any length of time you like; I've heard of anything from 90 days to 7 years. The CMA should tell you the average length of time homes stay on the market, and the broker may have a default amount of time on the listing agreement. Basically, the broker wants to ensure that you allow enough time to justify their expenses on your behalf: marketing, photography, staff, website maintenance, syndication agreements, E&O insurance, etc. The broker is betting that their highly trained agent can sell anything if given the appropriate tools and amount of time. But if you have a reason why you'd like to limit the term of the listing agreement, talk it over with your agent. Everything is negotiable.

COMMISSION: There is no standard commission rate, so don't ask your agent that question. In fact, even if there was a rate that most area brokers used, we're not allowed to say/hint/imply/suggest that to anyone. We don't even discuss it with each other due to anti-trust laws. Some brokers will have a predetermined commission rate that they never adjust. Others may have a range based on the price of your home or the services you require (drone videos, listing agent present for all showings, experience level of agent, etc.). There's nothing wrong with comparing the rates, and chances are they will be somewhat similar. BUT...I strongly believe that if someone offers to list your home for a substantially lower commission rate than other area brokers offer, you are probably talking to a limited service broker, which means that you may not receive the same level of service. And by that I mean they will do pretty much nothing except put it into the MLS, which may be absolutely fine for you if you'd like to handle all your own showing requests and not get much advice or support. PRO TIP: If all it took to sell a home was putting it into the local MLS, there wouldn't be so many listings that expire.

So, I'll bet you're wondering about my comment earlier about a willing and able buyer! Well, there are people out there who agree to list their home for sale, but even when they get an offer (or several offers) near their asking price they refuse to sell. Technically, you didn't hire the broker to sell your home -- just to market it and find a buyer. So the broker has fulfilled their end of the deal! Obviously, this situation is extremely rare and brokers don't usually follow through on their legal rights to commission under these circumstances or you'd hear about it a lot more. 

The listing agreement should also specify the type of representation. Most common is the exclusive right to sell, which means that there is only one listing broker who will get paid the listing commission. Other types exist, according to my instructors in real estate school...but I've never seen them. Still doesn't hurt to read carefully and ensure you fully understand what you're signing! And as with any legal document, if you have any questions about the legal implications of what you're signing, don't ask the agent -- talk to a real estate attorney. While we're on that topic, I'm not an attorney (don't say you haven't noticed) and none of the above should be interpreted to be legal advice. Just real estate advice!