Breaking down the TRID fix: Rate lock revised LEs are one and done

How’s 2018 treating you so far, credit union compliance world?

My year started out right. Last week, I contacted the CFPB through their Regulatory Inquiry website and got a call back same day. That’s a response time that the NAFCU Regulatory Compliance Team can appreciate. And the informal answer from the Bureau: you don’t have to do any extra work unless you want to. So I’m batting a thousand so far.

The Question: Rate Lock Revisions and the 2013 Preamble

Subsection 1026.19(e)(3)(iv) describes when a revised Loan Estimate can be used to reset tolerances. The subsection contains five paragraphs describing five sets of circumstances where a revised Loan Estimate can be issued and used to reset tolerance for good faith purposes. Four of these circumstances are permissive, meaning that a revised Loan Estimate can, but is not required to be, issued. In other words, if the credit union decides that reissuing the Loan Estimate is not worth the cost, it can chose not to, though it won’t be able to reset tolerances due to the event.

One of the circumstances is not voluntary, it’s required. That’s paragraph 19(e)(3)(iv)(D). If the rate was not locked when the initial Loan Estimate was provided, and the applicant locks in the rate, a revised Loan Estimate is mandatory. The language of this paragraph is quite specific:

 

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