Truth in Lending: 5.11.2.8.6.5 “Calculating Cash to Close” subsection
On page 3 of the closing disclosure form, in a separate table, the creditor must disclose the total amount of cash or other funds brought to the closing.
On page 3 of the closing disclosure form, in a separate table, the creditor must disclose the total amount of cash or other funds brought to the closing.
This subsection of the closing disclosure form tracks much of section J and K on the first page of the HUD-1 settlement statement required by RESPA for transactions subject to RESPA prior to the effective date of the TILA-RESPA integrated disclosure rules.1087
Under the heading “Loan Disclosures,” information about “Assumptions,” “Demand Feature,” “Late Payment,” “Negative Amortization,” “Partial Payments,” “Security Interest,” and “Escrow Account” must appear on this page.1140 Under the label “Assumption,” the creditor must include a statement of whether a subsequent purchaser may be permitted to assume the remaining loan obligation on its original terms.1141 Under the label “Demand Feature,” the closing disclosure form must state whether the leg
Next, on page 5 of the closing disclosure form, the “Additional Information About This Loan” section must contain a “Loan Calculations” table.1167 In the column on the left side and on the first row, the table must state the “Total of Payments,” with a statement that the disclosure is the total the consumer will have paid after making all payments of principal, interest, mortgage insurance, and loan costs, as scheduled.
The closing disclosure form must also include “Other Disclosures” in the “Additional Information About This Loan” section.1180 Here, the creditor must provide certain information about the “Appraisal,” “Contract Details,” “Liability After Foreclosure,” “Refinance,” and “Tax Deductions.”
This part of the closing disclosure form must include a separate notice, labeled “Questions?,” that directs the consumer to use the contact information provided on the same page and that contains the CFPB’s website link to obtain more information or to file a complaint.1190
Under “Contact Information,” the closing disclosure form must contain a table in which the creditor must list specific information for each creditor (labeled “Lender”), the mortgage broker, the consumer’s real estate broker, the seller’s real estate broker, and the settlement agent participating in the transaction.1191 This information includes:
Finally, the closing disclosure form ends on page five with the heading “Confirm Receipt.” Here, if the creditor includes signature lines for the borrowers, the creditor must state: “By signing, you are only confirming that you have received this form.
Section 1026.38 of Regulation Z ends with rules addressing headings and labels, use of the model forms in appendix H, headings and labels, rounding of dollar amounts and percentages, unit-periods, modifications to the model forms due to translations into languages other than English, logos or slogans, attachment of the creditor’s business card, and the inclusion of administrative information.1196 More importantly, section 1026.38(t) imposes the clear and conspicuous, grouping, and segregation rules that apply to other closed-end consumer cr
The general rules regarding the availability of actual and statutory damages under TILA are as follows: Actual damages, attorney fees, and costs are available for all violations that arise from requirements that appear in parts B (credit transactions), D (credit billing), and E (consumer leasing) of TILA.1201 Relevant to loan origination disclosures, only a violation of a closed list of disclosure requirements that appear in part B of TILA triggers statutory damages under TILA.1202 Whether a
In 1981, Regulation Z was revised to require a few disclosures for all variable rate transactions.1211 Those regulations—which apply only to transactions that are not secured by the consumer’s principal dwelling and to transactions that are secured by the principal dwelling but have a term of one year or less—are discussed at § 5.12.2, infra. Separate rules, discussed
These disclosures must be made in every transaction in which the terms of the legal obligation allow the creditor to increase the annual percentage rate originally disclosed to the consumer that are not covered by the ARM requirements.1216 It includes not only increases in the interest rate but also increases in any of the components of the annual percentage rate, such as the rate of required credit life insurance.
Regulation Z1221 allows a creditor to substitute information required by variable rate regulations of other federal agencies for the TILA variable rate disclosures.
A creditor may reserve the contractual right to increase a variable rate solely at its discretion. Under those circumstances, a creditor must disclose the fact that any increase is completely within its discretion.1232
The creditor must disclose, where applicable, two kinds of limitations:
Every possible effect of an increase in the annual percentage rate for a particular transaction must be disclosed:
The creditor must disclose in variable rate transactions a hypothetical example of the effects of an increase in the annual percentage rate. The creditor can provide either one of two types of hypothetical examples.1248 The creditor can provide a specific example that directly reflects the terms and conditions of that particular transaction; for example, “if the interest rate increases by 1% in one year, your regular payment would increase to $594.51.”1249
The creation of expanded disclosures for ARMs arose from two concerns. The first was that different regulatory agencies imposed different ARM disclosure requirements on lenders under their jurisdiction, which made things difficult for both consumers and lenders. The second concern was to assure that consumers had some understanding of the potential impact of the adjustable-rate mortgage that secured their homes.
Though not required by the Act, creditors generally include a description of the consumer’s repayment obligation in the loan note. The note ordinarily will describe the change dates, the margin, the initial interest rate and how to calculate the rate at each change, as well as information about the payment amounts, due dates, late charges, and the like. To decide whether the consumer received the loan product that matches the ARM disclosures, the loan note and any riders must be reviewed.1253
Special regulation of ARMs began in 1987, when Congress enacted the Competitive Equality Banking Act of 1987 (CEBA).
The ARM-related disclosures given to the consumer at closing consist of two items: a statement that an adjustable-rate feature exists and a statement that the variable rate disclosures have been provided to the consumer.1259 Consumers must also be told what rate reset notices will be provided.1260 Of course, consumers must also receive all of the “regular” TILA disclosures discussed elsewhere in this chapter, as applicable.
In addition to the existing TILA-mandated disclosures, the FRB and other banking agencies released two sets of illustrations creditors can use to help consumers understand ARM products, one for “nontraditional” ARMs—primarily payment option ARMs1262—and one for hybrid ARMs.1263 The nontraditional ARM illustrations explain nontraditional mortgage products, compare interest-only loans and payment option ARMs to fixed rate and traditional adjustable-rate loans, and provide information for inclu
For most adjustable rate mortgages, homeowners must be notified about upcoming interest rate changes that will affect their payments. Regulations related to interest rate change notice have existed for more than twenty-five years.
An adjustment to the interest rate in a variable rate transaction subject to the disclosure rules for Adjustable-Rate Mortgages (ARMs) requires new disclosures to the consumer regardless of whether there is a corresponding adjustment to the payment.1291 A disclosure concerning rate adjustments is required for all ARMs that are subject to the variable rate disclosure requirements of section 1026.19(b)—ARMs secured by a the consumer’s principal dwelling with a term of more than a year.1292 Thi