Can my final mortgage costs increase from what was on my Loan Estimate? | Consumer Financial Protection Bureau (2024)

Interest rate

If your interest rate is not locked, it can change at any time. Even if your interest rate is locked, your interest rate can change if there are changes to your application information or if you do not close within the rate-lock timeframe. Check at the top of page 1 of yourLoan Estimateto see whether your rate is locked, and until when. Learn more about how rate locks work.

Closing costs

There are three categories of closing costs. Some closing costs the lender can increase by any amount, some the lender can increase by up to 10 percent, and some the lender can’t increase at all.

However, under certain circ*mstances these rules do not apply. For example, your lender is allowed to change your closing costs without restriction if:

  • You decided to get a different kind of loan or change the amount of your down payment
  • The appraisal on the home you want to buy came in higher or lower than expected
  • You took out a new loan or missed a payment and that has changed your credit
  • Your lender could not document your overtime, bonus, or other income

These types of situations are called a “change in circ*mstances”.

Costs that can increase by any amount

These costs are not controlled by the lender, and can increase by any amount at any time:

  • Prepaid interest, property insurance premiums, or initial escrow account deposits
  • Fees for services required by the lender that you have shopped separately for, if you choose a service provider that is not on the lender’s written list of providers
  • Fees for third-party services that the lender does not require

Costs that cannot increase at all

If there is a “change in circ*mstances,” these costs can change by any amount, but otherwise they cannot change at all:

  • Fees paid to the lender, mortgage broker, or an affiliate of either the lender or mortgage broker for a required service
  • Fees for required service that the lender did not allow you to shop separately for, when the provider is not affiliated with the lender or mortgage broker
  • Transfer taxes

Costs that can increase by up to 10 percent

If there is a “change in circ*mstances,” these costs can change by any amount. If there is no change in circ*mstances, then the total of these costs cannot increase by more than 10 percent:

  • Recording fees
  • Fees for required services when you have chosen a third-party service provider on the lender’s written list of providers (if the provider is an affiliate of the lender, the cost cannot change at all)

What happens when the costs change?

If your application has a “change in circ*mstances,” you will likely receive a revised Loan Estimate. If the costs have increased more than the allowed limits and your application has not had a “change in circ*mstances,” you are entitled to a refund of the amount above the allowable limits.

Can my final mortgage costs increase from what was on my Loan Estimate? | Consumer Financial Protection Bureau (2024)

FAQs

Can closing costs change after loan estimate? ›

If there is a “change in circ*mstances,” these costs can change by any amount, but otherwise they cannot change at all: Fees paid to the lender, mortgage broker, or an affiliate of either the lender or mortgage broker for a required service.

Why did my closing costs go up? ›

These mortgage fees increased 22 percent from 2021 to 2022. One likely factor is the greater use of discount points to nudge interest rates down.

What cost cannot change from the loan estimate to the closing disclosure? ›

Note that some closing costs cannot increase, such as fees paid to the lender or mortgage broker, or fees for required services that you did not shop separately for, or that you paid for from an affiliate of your lender or mortgage broker. Transfer taxes cannot increase, either.

Can APR change from loan estimate to closing disclosure? ›

Unless your interest rate is locked when you receive your Loan Estimate, it can change before closing. Your rate can change even if it has been locked, too.

Can closing costs change? ›

Your lender does not control all closing costs. Expenses can change due to circ*mstances outside of his or her control. These include: Homeowner's insurance premiums, escrow payments, and prepaid interest.

How accurate are estimated closing costs? ›

You want accurate figures. At Homebuyer and plenty of other lenders, these costs get estimated as close to 100 percent accurate as possible. Remember that numbers are never exact upfront. Don't worry about any estimated fees that your lender doesn't dictate.

What fees Cannot increase at settlement? ›

Zero-percent tolerance items: Certain aspects of your transaction will be categorized under the zero-percent tolerance level, meaning the costs cannot go up at closing. For instance, this applies to any fees from your lender, such as the origination charge. Rate lock fees and transfer taxes also have a zero tolerance.

Can a closing disclosure be changed? ›

Substantive changes are less likely but can certainly still happen even after initial signing. Any significant alterations do require the lender to issue an updated Closing Disclosure with an additional mandated 3-day waiting period before closing.

Can I negotiate closing costs with lender? ›

Although you can haggle some closing costs and fees, many of the fees charged by the government cannot be negotiated. These may include an upfront FHA mortgage loan fee, VA funding fee and USDA mortgage insurance fees.

Does a loan estimate include closing costs? ›

The form provides you with important information, including the estimated interest rate, monthly payment, and total closing costs for the loan. The Loan Estimate also gives you information about the estimated costs of taxes and insurance, and how the interest rate and payments may change in the future.

Does the loan estimate have to match the closing disclosure? ›

Compare your Closing Disclosure with your most recent Loan Estimate to ensure the terms and costs are what you expected. You have this 3-day window to thoroughly review your loan information and ask any final questions of your lender. It's possible some of your costs may change.

What are the closing costs on the loan estimate? ›

What are closing costs? Closing costs, also known as settlement costs, are the fees you pay when obtaining your loan. Closing costs are typically about 3-5% of your loan amount and are usually paid at closing.

What is the 3 day disclosure rule for loan estimate? ›

The TRID rule requires lenders to provide two disclosure documents to lenders: a loan estimate and a closing disclosure. Because each document must be timed to give the borrower three days to look it over, it's sometimes referred to as the “three-day rule.”

How much can a lender's fees vary from the loan estimate to the closing disclosure? ›

You'll pay an attorney or escrow officer to prepare final documents for signing at your closing. The lender must disclose these fees accurately when your contract is accepted. They'll have to pay the difference if the cost is more than 10% higher than the initial quote.

What happens if the closing disclosure is incorrect? ›

If an event occurs within 30 days after the consummation date, and that event causes the Closing Disclosure to become inaccurate in a way that results in a change to an amount actually paid by the consumer, the credit union can mail a corrected Closing Disclosure to the borrower.

Is a loan estimate legally binding? ›

While the loan estimate is not a binding agreement, it should provide an accurate picture of the loan terms your lender intends to offer if you decide to move forward with them.

What is the 7 day rule for loan estimate? ›

Under the TRID rule, credit unions generally must provide the Loan Estimate to consumers no later than seven business days before consummation. Members must receive the Closing Disclosure no later than three business days before consummation.

What qualifies as a valid change of circ*mstance? ›

“Changed circ*mstance” is a term defined in Regulation Z to include three scenarios: (1) an extraordinary event beyond any party's control, such as a natural disaster; (2) when the lender relied on specific information to complete the disclosure and that information later becomes inaccurate or changes after the ...

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