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Mortgage Lending: TENNESSEE

Legal Interest Rate: Tenn. Const. art. XI, § 7; Tenn. Code Ann. § 47-14-103

Contract Interest Rate: Tenn. Code Ann. § 47-14-103 (formula rate defined in Tenn. Code Ann. §§ 47-14-102(7), 47-14-106)

Residential Mortgage Loans: Tenn. Code Ann. §§ 47-15-101 to 47-15-104 (§§ 47-15-102, 47-15-104) (interest on home loans)

Reverse Mortgage Loans: Tenn. Code Ann. §§ 47-30-101 to 47-30-118 (home equity conversion loans)

Open-End Mortgages and Future Advances: Tenn. Code Ann. §§ 47-28-101 to 47-28-110

Mortgage Lending: UTAH

Legal Interest Rate: Utah Code Ann. § 15-1-1 (West)

Contract Interest Rate: Utah Code Ann. §§ 15-1-1, 70C-2-101 (West)

Criminal Usury Cap: Utah Code Ann. § 76-6-520 (West) (usury); Utah Code Ann. § 76-6-1203 (West) (Utah Mortgage Fraud Act)

Uniform Consumer Credit Code (UCCC): Utah Code Ann. §§ 70C-1-101 to 70C-8-203 (West)

Appraisers: Utah Code Ann. §§ 61-2g-101 to 61-2g-505 (West)

Mortgage Lending: VERMONT

Legal Interest Rate: Vt. Stat. Ann. tit. 9, § 41a

Contract Interest Rate: Vt. Stat. Ann. tit. 9, § 41a

Criminal Usury Cap: Vt. Stat. Ann. tit. 9, § 50

Mortgage Requirements: Vt. Stat. Ann. tit. 8, §§ 10101, 10402 to 10506, 14101, 14302; Vt. Stat. Ann. tit. 9, § 45 (prepayment penalties)

Second Mortgage Loans: Vt. Stat. Ann. tit. 9, § 41a(b)(7)

Reverse Mortgage Loans: Vt. Stat. Ann. tit. 8, §§ 10701 to 10704

Appraisers: Vt. Stat. Ann. tit. 26, §§ 3311 to 3325

Mortgage Lending: VIRGIN ISLANDS

Legal Interest Rate: V.I. Code Ann. tit. 11, § 951

Contract Interest Rate: V.I. Code Ann. tit. 11, § 951 (see also V.I. Code Ann. tit. 11, §§ 952 to 958 (usury)); V.I. Code Ann. tit. 21, § 10 (homesteads and home loans)

Open-End Loans: V.I. Code Ann. tit. 9, §§ 141 to 144 (home equity loans); V.I. Code Ann. tit. 9, §§ 181 to 187 (small loans)

Appraisers: V.I. Code Ann. tit. 27, §§ 432 to 450

Mortgage Lending: VIRGINIA

Legal Interest Rate: Va. Code Ann. § 6.2-301

Contract Interest Rate: Va. Code Ann. § 6.2-303 (see also Va. Code Ann. §§ 6.2-304 to 6.2-308 (usury))

Open-End Loans: Va. Code Ann. §§ 6.2-301(C), 6.2-312 to 6.2-313 (open accounts)

Second Mortgage Loans: Va. Code Ann. §§ 6.2-327, 6.2-328

Appraisers: Va. Code Ann. §§ 54.1-2009 to 54.1-2023; 18 Va. Admin. Code §§ 130-20-10 to 130-20-250, 130-30-10 to 130-30-170

Mortgage Lending: WEST VIRGINIA

Legal Interest Rate: W. Va. Code §§ 47-6-5 to 47-6-5c

Contract Interest Rate: W. Va. Code § 47-6-5 (alternative rates for loans and credit sales set by Lending and Credit Rate Board under W. Va. Code § 47A-1-1; alternative bank rate set by Commissioner of Banking under W. Va. Code § 31A-4-30a)

Criminal Usury Cap: W. Va. Code § 46A-5-103

Mortgage Requirements: W. Va. Code §§ 46A-1-101 to 46A-6-110 (§§ 46A-3-104, 46A-4-107) (Consumer Credit and Protection Act); W. Va. Code § 47A-1-3 (lending and credit rate board)

Mortgage Lending: WISCONSIN

Legal Interest Rate: Wis. Stat. §§ 138.04, 138.05

Contract Interest Rate: Wis. Stat. §§ 138.04, 138.05

Criminal Usury Cap: Wis. Stat. § 943.27

Uniform Consumer Credit Code (UCCC): Wis. Stat. §§ 421.101 to 429.301

Residential Mortgage Loans: Wis. Stat. §§ 138.051 to 138.056; Wis. Stat. §§ 428.101 to 428.106 (first lien real estate loans)

Reverse Mortgage Loans: Wis. Stat. § 138.058

Appraisers: Wis. Stat. §§ 458.01 to 458.48

Truth in Lending: Introduction

This chart contains a list of each Federal Register in which either the Federal Reserve Board or the Consumer Financial Protection Bureau published proposed, interim, and final amendments, additions, deletions, and corrections to Regulation Z and the Official Interpretations. The chart contains a link to the cited Federal Register, followed by a description of its contents and the affected provisions. The provisions are marked as “proposed,” “interim,” and “final” to allow the reader to easily match the proposed with the final version of any changes.

Mortgage Servicing and Loan Modifications: Introduction

This appendix contains forms and other documents that may be referred to or used by attorneys or housing advocates seeking to assist borrowers in default on their mortgage, including sample requests for information and notices of error under RESPA. This appendix also includes samples of common mortgage-related documents.

Mortgage Servicing and Loan Modifications: E.1.4 Fannie Mae Loan Modification Agreement

The forms included here are sample loan modification agreements used by the industry, including Fannie Mae and Freddie Mac. Although these are copies of forms that are currently used, the industry is constantly revising and updating these documents. Advocates should check Fannie Mae and Freddie Mac’s servicing guidelines or other industry publications for the latest versions.

Mortgage Servicing and Loan Modifications: E.2.1 Introduction

The following are sample “requests for information” and “notices of error.” The Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2605(e), provides a procedure and a remedy for borrowers to obtain information from a loan servicer about their mortgage loan and to dispute account errors, by sending a “qualified written request.” RESPA regulations effective on January 10, 2014, refer to qualified written requests as a “request for information” and a “notice of error.” Reg. X, 12 C.F.R. §§ 1024.35, 1024.36.

Mortgage Servicing and Loan Modifications: E.2.4 Sample Notice of Error and Request for Information Under RESPA for a Client Who Has Filed for Bankruptcy

Appropriate alterations based on your client’s situation must be made before sending the following sample notice and request. Only those specific request items that are applicable to your client and needed to assist in representing the client should be included.

[date]

[mortgage co. or servicer]

RE: [debtor]

[address]

[SSN]

[bankr. no.]

[file date]