This form is used by a mortgage loan originator (MLO) when arranging a consumer mortgage, to disclose an estimate of all settlement charges the borrower will be required to pay.
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A Mortgage Loan Disclosure Statement, or an MLDS-882 form, is a document provided to prospective borrowers that outlines the key terms, costs, and conditions of a mortgage loan. This disclosure is required by federal law to help borrowers understand the financial commitment involved in obtaining a mortgage and to ensure transparency from lenders. By reviewing the disclosure, borrowers gain a clear picture of their responsibilities, including interest rates, monthly payments, closing costs, and any other fees associated with the loan.
The Mortgage Loan Disclosure Statement works in tandem with a loan estimate. It provides critical details such as the property address and is often accompanied by related links to resources that further explain a borrower's options. Unlike the previous practice of issuing a good faith estimate, today's disclosures are streamlined to offer a comprehensive view of costs and responsibilities. It's essential for the parties involved, including brokers and other parties, to be transparent and accurate in their communication. Borrowers are encouraged to double check the information to ensure all terms are understood and that there are no discrepancies before proceeding with the loan agreement.
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A fillable Mortgage Loan Disclosure Statement Template can be found here.
Enter the name of the agent and/or broker that prepared this form, as well as their phone number and email address.
Enter the name(s) of the borrower.
Enter the real property collateral associated with this loan.
Enter the name of the CA Real Estate Broker that is acting as a mortgage broker for this loan disclosure statement.
Enter the name of the lender who you intend this application to be delivered to. If the name of the lender is unknown, mark the box provided instead.
For each of the below, enter the amount paid to others and the amount paid to the broker in the applicable lines when requested.
Enter the relevant amounts for each of the following.
Then mark the relevant box to indicate if the estimated cash at closing is to you or an amount that you must pay, and enter the relevant amount.
Enter the following information and provide the necessary details for the loan.
Mark the box to indicate whether or not this loan is subject to a balloon payment, then enter the due date of the final balloon payment and how much is to be paid.
Mark the box to indicate if a prepayment penalty applies. If you mark “Yes”, enter the number of years that the prepayment penalty is in effect, and the maximum dollar amount of the penalty.
Then mark the relevant box to indicate if there is a prepayment penalty for paying in excess of 20% of the original or unpaid loan balance.
Mark the box to indicate if the account is an impound account or not. If you mark “yes”, mark yes or no to indicate if the impound account will include any of the following:
If you mark “no”, mark yes or no to indicate if the borrower must plan for payments of the following items
Enter the following information for each of the lienholders currently on this property that the borrower is obligated, as well as for each of the lienholders for liens that will remain or are anticipated to remain on this property after the proposed loan for which you are applying is made or arranged
Mark the relevant box from the following to indicate if the loan will be made wholly or in part from broker controlled funds as defined in section 10241(J) of the business and professions code.
Mark yes or no to indicate whether or not this loan is based on limited or no documentation of your income and/or major assets.
Enter the following information about the broker.
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Who is required to provide a Mortgage Loan Disclosure Statement?
Lenders must provide this disclosure to prospective borrowers before finalizing a mortgage loan. It’s mandated by federal law to ensure transparency in the lending process.
When is the Mortgage Loan Disclosure Statement provided to borrowers?
Borrowers typically receive the statement early in the loan application process, usually within three business days of applying. This timing allows them to review and consider the loan terms.
What information does a Mortgage Loan Disclosure Statement include?
It includes details on interest rates, loan terms, monthly payments, and closing costs. It may also highlight fees for services like appraisals and title searches.
How does the Mortgage Loan Disclosure Statement benefit borrowers?
It allows borrowers to compare loan offers, understand costs, and avoid unexpected expenses. This transparency ensures borrowers fully grasp their financial obligations.
Can the terms in the Mortgage Loan Disclosure Statement change over time?
Yes, terms may change if the loan includes an adjustable interest rate. Borrowers are notified of possible adjustments and their timing in the statement.
Are all lenders required to use the same format for the Mortgage Loan Disclosure Statement?
Yes, federal regulations standardize the format to ensure consistency and clarity across lenders. This uniformity helps borrowers compare loans more easily.
What is the difference between a fixed rate and adjustable rate on this statement?
A fixed rate remains constant over the loan term, while an adjustable rate can change based on market conditions. The statement indicates which rate type applies.
Does the statement include closing costs?
Yes, it provides an estimate of closing costs, including fees for appraisals, inspections, and other services. This breakdown helps borrowers understand total loan expenses.
Is the Mortgage Loan Disclosure Statement legally binding?
No, it’s an informational document rather than a binding contract. However, it must accurately reflect the terms offered by the lender at the time.
How does the Mortgage Loan Disclosure Statement aid in loan comparison?
It allows borrowers to review key costs and terms side by side with other loan offers. This helps borrowers identify the most favorable loan options.
Are prepayment penalties disclosed on the statement?
Yes, if a loan includes a prepayment penalty, it must be disclosed. Borrowers are informed of any fees for paying off the loan early.
What does the statement say about monthly payments?
It outlines the projected monthly payment amount, including principal, interest, and often taxes and insurance. This gives borrowers a clear view of monthly obligations.
Does the Mortgage Loan Disclosure Statement include total loan costs over the loan term?
Yes, the statement provides an estimate of the total cost of the loan if held to term. This total helps borrowers gauge the long-term expense of the loan.
Are fees for optional services included in the disclosure?
Only mandatory fees are typically listed, but optional services may be mentioned if they’re commonly associated with the loan. Borrowers can opt out of non-required fees.
Does the disclosure cover mortgage insurance requirements?
Yes, if mortgage insurance is required, the statement will include this cost. It’s essential for borrowers to factor this into their monthly payment.
Is the Mortgage Loan Disclosure Statement accessible on an iOS device?
Yes, most lenders provide digital versions of the Mortgage Loan Disclosure Statement, which can be accessed and reviewed on an iOS device. This digital availability ensures borrowers can conveniently track and reference the document throughout the loan process.
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