Questions and Answers

When do you have to give the early Truth in Lending Act disclosures?

The early TILA disclosures, sometimes called the “good faith estimates,” must be given within three business days of receiving a written application. These disclosures are required only if both the following are true: the transaction is a “residential mortgage transaction” and the transaction is subject to RESPA.  

A residential mortgage transaction occurs when the creditor takes a security interest in the consumer’s principal dwelling to finance the acquisition or initial construction of that dwelling. A loan is subject to RESPA if it is secured by a lien on residential real property on which there is a one- to four-family structure or there will be with use of the loan proceeds. There are exemptions for business and agricultural loans, loans secured by property over 25 acres, temporary financing, etc. 

(Posted: 09/28/2007)