Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: October 13, 2015
The Firm
201-896-4100 info@sh-law.comIf your business is not fully prepared to comply with the new disclosure requirements, time is of the essence.

Under the TRID Rule, mortgage lenders must use new forms that combine the mortgage disclosures required under the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act of 1974 (RESPA). In contrast to prior template forms, the new documents require greater customization and detailed information regarding the specific loan transaction.
The new integrated disclosures under the TRID rule apply to most closed-end consumer mortgages. The rule does not apply to home equity lines of credit (HELOCs), reverse mortgages, or mortgages secured by a mobile home or by a dwelling that is not attached to real property.
The Good Faith Estimate (GFE) and the initial Truth-in-Lending disclosure are combined into a new form, known as the Loan Estimate. These disclosures are intended to help consumers in understanding the key features, costs, and risks of the mortgage loan and must be provided to consumers no later than the third business day after they submit a loan application
The HUD-1 and final Truth-in-Lending disclosure have been combined into another new form, the Closing Disclosure. It designed to provide disclosures that will be helpful to consumers in understanding all of the costs of the transaction and comparing loans from different lenders. The Closing Disclosure must be provided to consumers at least three business days before consummation of the loan.
The TRID Rule also contains new record keeping obligations. In general, lenders must retain evidence of compliance for three years after the later of consummation or the date a disclosure is required. The final Closing Disclosure, however, must be retained for five years after loan consummation by the creditor. In addition, although the disclosures may delivered by other entities, such as mortgage brokers, lenders retains liability for ensuring that the documents are provided in accordance with the rule.
The sweeping changes mandated by the TRID Rule represent one of the most significant regulatory overhauls of the mortgage industry in decades. The new documents are very different from what banks are currently using. To implement the changes, most lenders must not only revise their forms, but also significantly amend their business processes, technology requirements, lending policies and procedures, contracts with service providers, and employee training. Accordingly, compliance not only requires careful planning, but also significant resources.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
Author: Chris Seelinger

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
Author: Chris Seelinger

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
Author: Sean M. Pena

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!