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Closing a Loan Electronically

As we have written here many times, more and more states continue to pass laws that support electronic notarizations that the industry now relies on to perform electronic loan closings. But considering those laws, and thinking about how a lender can begin to add electronic closings to their portfolio of services, it is helpful to think about the various types of electronic closings that can be done. These range from a fully electronic closing to various forms of ‘hybrid’ electronic closings (also “hybrid e-closing”). So, what does that mean?

Hybrid E-Closings

Indiana Amends IUCCC Late Charge Provisions

On May 6, 2019, Indiana enacted House Bill 1136 (HB 1136), which amends the late charges permitted for consumer loans under the Indiana Uniform Consumer Credit Code (IUCCC), with an effective date of July 1, 2019. The maximum delinquency charges for installment payments not paid within 10 days of the scheduled due date will be:

 a) $5.00 for loans with installment payments due every 14 days or less (bi-weekly);

New Form: Adjustable Rate Mortgage Disclosure Possible Discontinuation of LIBOR

The Mortgage Bankers Association (MBA) has created a sample disclosure for lenders to share with consumers applying for an adjustable-rate mortgage. The disclosure informs consumers about the possible discontinuation of the London Interbank Offered Rate (LIBOR) which may result in a change to their monthly payment if their loan is tied to a new published index.

Chattel (chat*tel)

An item of personal property which is movable, as opposed to real property (land and attachments).  A chattel mortgage refers to a loan secured by movable personal property, such as a mobile home which is not permanently affixed to land. A cooperative is also chattel property as an owner receives shares in a corporation and not ownership of real property.   

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