The MDIA Rule went into effect, in part, on July 31, 2009. Many people still are not aware of this rule and how it may affect every closing in the nation. This rule, unlike some others, applies to banks, lenders and brokers equally.? In short it says the Truth-In-Lending document with an accurate Annual Percentage Rate must be delivered to the borrower a minimum of seven (7) business days before closing.

This rule affects all loans whether it is an FHA loan, a Fannie Mae loan, a Freddie Mac loan, or a Ginnie Mae loan. The MDIA affects loans originated by brokers, lenders and bank employees. The MDIA applies to new homes, previously existing home and home refinance loans.

Here is the catch: If the APR changes more than .125% the Truth-In-Lending (the other 1/2 of the Good Faith Estimate) has to be resent and another waiting period of three (3) business days must expire. Some lender interpret that to include a decrease in the APR of more than .125% and some only consider an increase of more than .125% since the government’s action does not specify.

There are many, many reasons the initial disclosure could be wrong including loan amount which may be affected by the appraisal, payoff which could be higher (and usually is on a refi) than indicated on the current mortgage coupon, or a list of other factors which may even affect a home purchase – not just a refinance.