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Recap: Mortgage Execution and Compliance

13 minPRO
6/6

Key Takeaways

  • TRID governs LE/CD timing; violations can delay closings or expose parties to penalties.
  • Wire fraud is the top financial crime in real estate—always verify wiring instructions by phone.
  • BRRRR refinances require seasoning, DSCR qualification, and conservative ARV estimates.
  • Post-closing vigilance includes monitoring servicing transfers and confirming escrow setup.

This recap covers the execution and compliance knowledge needed to close mortgage transactions efficiently while maintaining regulatory compliance. Test your understanding with the review questions below.

Execution and Compliance Summary

Mortgage execution spans from application through post-closing servicing transfer, governed by TRID timing requirements and multiple federal and state regulations. Efficient condition management, proactive document preparation, and thorough CD review are the keys to on-time closings. Refinancing strategies—rate-and-term, cash-out, and BRRRR—offer powerful tools for portfolio optimization, but require careful break-even analysis and compliance with seasoning requirements.

Compliance Checklist for Investors

Before every closing, investors should verify: (1) CD received 3+ business days before closing, (2) all fees match the LE within tolerance, (3) wire instructions verified by phone, (4) hazard insurance in place with correct mortgagee clause, (5) title insurance includes investor endorsements, and (6) all entities and vesting match the loan approval. Post-closing: confirm first payment date, monitor for servicing transfer letters, and file documents securely for tax and audit purposes.

Compliance Matrix

TRID governs LE/CD timing; violations can delay closings or expose parties to penalties.Required
Wire fraud is the top financial crime in real estate—always verify wiring instructions by phone.Required
BRRRR refinances require seasoning, DSCR qualification, and conservative ARV estimates.Required
Post-closing vigilance includes monitoring servicing transfers and confirming escrow setup.Required

Common Mistakes to Avoid

Rushing the closing timeline without verifying all TRID timing requirements

Consequence: Non-compliant closings can be rescinded, and lenders face regulatory penalties

Correction: Build a compliance checklist: LE within 3 days of application, CD received 3 days before closing, and verify all changed circumstance redisclosures

Treating the BRRRR refinance as guaranteed based on estimated ARV

Consequence: If the appraisal comes in low or DSCR does not qualify, capital remains trapped in the property

Correction: Always model a conservative ARV scenario (10-15% below target) and verify DSCR qualification before committing to the purchase

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Test Your Knowledge

1.How many business days before closing must the borrower receive the Closing Disclosure?

2.What triggers a new 3-business-day waiting period on a Closing Disclosure?

3.What is the typical seasoning requirement before a cash-out refinance on an investment property?

4.In the BRRRR case study, what factor most limited the cash-out amount?

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