CA 21-14: Revised Interagency Examination Procedures for Regulation Z

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Table of Contents
TRUTH IN LENDING ACT 10
FORMAT OF REGULATION Z 16
TRUTH IN LENDING ACT NARRATIVE 18
SUBPART A – GENERAL 18
Purpose of the TILA and Regulation Z 18
Summary of Coverage Considerations – 12 CFR 1026.1 and 1026.2 18 12 CFR 1026.2(a)(27)(i) 19 Exempt Transactions – 12 CFR 1026.3 19 Coverage Considerations under Regulation Z 22 Determination of Finance Charge and Annual Percentage Rate (APR) 23 Finance Charge (Open-End and Closed-End Credit) – 12 CFR 1026.4 23 Accuracy Tolerances (Closed-End Credit) – 12 CFR 1026.18(d) and 1026.23(g) and (h) 23 Calculating the Finance Charge (Closed-End Credit) 25 Prepaid Finance Charges – 12 CFR 1026.18(b)(3) 26 Precomputed Finance Charges 26 Instructions for the Finance Charge Chart 28 Annual Percentage Rate Definition – 12 CFR 1026.22 (Closed-End Credit) 28 SUBPART B – OPEN-END CREDIT 31 Time of Disclosures (Periodic Statements) – 12 CFR 1026.5(b) 31 Subsequent Disclosures (Open-End Credit) – 12 CFR 1026.9 32 Finance Charge (Open-End Credit) – 12 CFR 1026.6(a)(1) & 1026.6(b)(3) 33 Determining the Balance and Computing the Finance Charge 33 Finance Charge Resulting from Two or More Periodic Rates 35 Annual Percentage Rate (Open-End Credit) 35 Determination of APR – 12 CFR 1026.14 35 Change in Terms Notices for Home-Equity Plans Subject to 12 CFR 1026.40 – 12 CFR 1026.9(c) 37 Payments – 12 CFR 1026.10 (Open-End Credit) 37 Timely Settlement of Estates – 12 CFR 1026.11(c) 37

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Billing Error Resolution – 12 CFR 1026.13 (Open-End Credit) 38 Minimum Payments – 12 CFR 1026.7(b)(12) 39 Advertising for Open-End Plans – 12 CFR 1026.16 39 SUBPART C – CLOSED-END CREDIT 41
I. Disclosures, Generally 41
A. Timing 41
B. Basis for Disclosures 42
II. Finance Charge, Amount Financed and APRs 43
A. Finance Charge – 12 CFR 1026.18(d), 1026.38(o)(2) 43 B. Amount Financed – 12 CFR 1026.18(b), 1026.18(c), 1026.38(o)(3) 43
C. Payment Schedule – 12 CFR 1026.18(g) 44
D. Annual Percentage Rate (Closed-End Credit) – 12 CFR 1026.22 45 E. Required Deposit – 12 CFR 1026.18(r) 48
III. Transactions with TILA-RESPA Integrated Disclosures – Generally 50
A. Early disclosures (Loan Estimate) – 12 CFR 1026.19(e) 51 B. Final Disclosures (Closing Disclosure) – 12 CFR 1026.19(f) 60
C. Special Information Booklet – 12 CFR 1026.19(g) 64
IV. Construction Loan Disclosures 66
A. Disclosure Methods for Construction Loans – 12 CFR 1026.17(c)(6) 66 B. Delivery of Disclosures – 12 CFR 1026.19(e)(1)(iii) 67
C. Completion of Loan Estimate and Closing Disclosure 67
V. Loans Receiving Non-TILA-RESPA Integrated Disclosures, Generally 68
VI. Variable and Adjustable Rate Transactions – 12 CFR 1026.18(f), 1026.20(c) and (d) 68
A. Closed-end transactions generally 68
B. Adjustable Rate Mortgage Disclosures 69
VII. Refinancings – 12 CFR 1026.20(a) 79
VIII. Escrow Cancellation Disclosures – 12 CFR 1026.20(e) 80
IX. Successors in Interest – 12 CFR 1026.20(f) 82
X. Treatment of Credit Balances – 12 CFR 1026.21 82
XI. Closed-End Advertising – 12 CFR 1026.24 82
SUBPART D – MISCELLANEOUS 84
Record Retention – 12 CFR 1026.25 84

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Relationship to State Law – TILA 111 and 12 CFR 1026.28, 1026.29 85 SUBPART E – SPECIAL RULES FOR CERTAIN HOME MORTGAGE TRANSACTIONS 87 General Rules – 12 CFR 1026.31 87 Requirements for High-Cost Mortgages – 12 CFR 1026.32 87 Exemptions from HOEPA Coverage – 12 CFR 1026.32(a)(2) 88 Determination of APR for High-Cost Mortgages – 12 CFR 1026.32(a)(3) 88 Points and Fees for High-Cost Mortgages – 12 CFR 1026.32(b) 89 Prepayment Penalty Definition – 12 CFR 1026.32(b)(6) 94 High-Cost Mortgage Disclosures – 12 CFR 1026.32(c) 94 High-Cost Mortgage Limitations – 12 CFR 1026.32(d) 95 Prohibited Acts or Practices in Connection with High-Cost Mortgages – 12 CFR 1026.34 95 Refinancing Within One Year – 12 CFR 1026.34(a)(3) 96 Repayment Ability for High-Cost Mortgages – 12 CFR 1026.34(a)(4) 96 High-Cost Mortgage Pre-Loan Counseling – 12 CFR 1026.34(a)(5) 97 Recommended Default – 12 CFR 1026.34(a)(6) 97 Loan Modification and Deferral Fees – 12 CFR 1026.34(a)(7) 97 Late Fees – 12 CFR 1026.34(a)(8) 97 Fees for Payoff Statements – 12 CFR 1026.34(a)(9) 98 Reverse Mortgages – 12 CFR 1026.33 98 Higher-Priced Mortgage Loans – 12 CFR 1026.35(a) 98 Higher-Priced Mortgage Loans Escrow Requirement – 12 CFR 1026.35(b) 99 Higher-Priced Mortgage Loans Appraisal Requirement – 12 CFR 1026.35(c) 101 Application Disclosures and Copy of Appraisal 104 Prohibited Acts or Practices in Connection with Credit Secured by a Consumer’s Dwelling – 12 CFR 1026.36 105 Loan Originator – 12 CFR 1026.36(a) 105 Prohibited Loan Originator Compensation: Payments Based on a Term of a Transaction – 12 CFR 1026.36(d)(1) 106 Prohibited Loan Originator Compensation: Dual Compensation – 12 CFR 1026.36(d)(2) 107 Prohibition on Steering – 12 CFR 1026.36(e) 107 Loan Originator Qualification Requirements – 12 CFR 1026.36(f) 108 Name and NMLSR ID on Loan Documentation – 12 CFR 1026.36(g) 110 Policies and Procedures to Ensure and Monitor Compliance – 12 CFR 1026.36(j) 110 Prohibition on Mandatory Arbitration or Waivers of Certain Consumer Rights – 12 CFR 1026.36(h) 110 Prohibition on Financing Credit Insurance – 12 CFR 1026.36(i) 110 Negative Amortization Counseling – 12 CFR 1026.36(k) 111 Loan Servicing Practices 111 Payment Processing – 12 CFR 1026.36(c)(1) 111 Pyramiding of Late Fees – 12 CFR 1026.36(c)(2) 112 Providing Payoff Statements – 12 CFR 1026.36(c)(3) 112 TILA-RESPA Integrated Disclosures – 12 CFR 1026.37 and 1026.38 112 Loan Estimate – Content of Disclosures for Certain Mortgage Transactions – 12 CFR 1026.37 113

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Closing Disclosure – Content of Disclosures for Certain Mortgage Transactions – 12 CFR 1026.38 125 Mortgage Transfer Disclosures– 12 CFR 1026.39 138 Mortgage transfer notices – partial payment policies 139 Periodic Statements for Residential Mortgage Loans – 12 CFR 1026.41 140 Amount Due 142 Explanation of Amount Due 142 Past Payment Breakdown 143 Transaction Activity 143 Partial Payment Information 143 Contact Information 144 Account Information 144 Delinquency Information 144 Certain Consumers in Bankruptcy – 12 CFR 1026.41(e)(5) and 12 CFR 1026.41(f) 145 Valuation Independence – 12 CFR 1026.42 146 Minimum Standards for Transactions Secured by a Dwelling (Ability to Repay and Qualified Mortgages) – 12 CFR
1026.43 148
Minimum standards for transactions secured by a dwelling – 12 CFR 1026.43(a), (g), (h) 148 Ability to Repay – 12 CFR 1026.43(c) 149 Exemption from ATR Requirements for Refinancing of Non-Standard Mortgages – 12 CFR 1026.43(d) 150 Qualified Mortgages: Rebuttable Presumption and Safe Harbor – 12 CFR 1026.43(e) 151 Requirements for Qualified Mortgages – Generally – 12 CFR 1026.43(e)(2) and (3) 152 Qualified Mortgages – Other Agencies – 12 CFR 1026.43(e)(4) 153 Qualified Mortgage – Small Creditor Portfolio Loans – 12 CFR 1026.43(e)(5) 154 Small Creditor Rural or Underserved Balloon-Payment Qualified Mortgages and Temporary Balloon-Payment Qualified Mortgages – 12 CFR 1026.43(f) and 1026.43(e)(6) 154 Qualified Mortgage – Seasoned Loans – 12 CFR 1026.43(e)(7) 155 Qualified Mortgage – Insured depository institution or insured credit union that, together with its affiliates, has less than $10 billion in total consolidated assets (covered institution): Portfolio loans – 15 U.S.C. 1639c(b)(2)(F) 155 SUBPART F – SPECIAL RULES FOR PRIVATE EDUCATION LOANS 156 Special Disclosure Requirements for Private Education Loans – 12 CFR 1026.46 156 Content of Disclosures – 12 CFR 1026.47 157 Disclosure Requirements 157 Rights of the Consumer 157 Limitations on Private Education Loans – 12 CFR 1026.48 157 Co-Branding Prohibited 157 Private Education Loan Protections in the Event of Death or Bankruptcy – 15 U.S.C. 1650 158 SUBPART G – SPECIAL RULES APPLICABLE TO CREDIT CARD ACCOUNTS AND OPENEND CREDIT OFFERED TO COLLEGE STUDENTS 159

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Evaluation of the Consumer’s Ability to Pay – 12 CFR 1026.51 159 Specific Requirements for Underage Consumers – 12 CFR 1026.51(b)(1) 160 Limitations of Fees – 12 CFR 1026.52 161 Limitations on Fees During First Year After Account Opening – 12 CFR 1026.52(a) 161 Limitations on Penalty Fees – 12 CFR 1026.52(b) 161 Payment Allocation – 12 CFR 1026.53 162 Double-Cycle Billing and Partial Grace Period – 12 CFR 1026.54 162 Restrictions on Applying Increased Rates to Existing Balances and Increasing Certain Fees and Charges – 12 CFR
1026.55 163
Fees for Transactions that Exceed the Credit Limit – 12 CFR 1026.56 164 Special Rules for Marketing to Students – 12 CFR 1026.57 165 Online Disclosure of Credit Card Agreements – 12 CFR 1026.58 165 Reevaluation of Rate Increases – 12 CFR 1026.59 166 Hybrid Prepaid-Credit Cards – 12 CFR 1026.61 166 LIABILITY AND DEFENSES 167 Civil Liability – TILA Sections 129B, 129C, 130, and 131 167 Criminal Liability – TILA Section 112 169 Administrative Actions – TILA Section 108 169 Specific Defenses – TILA Section 108 169 Defense Against Civil, Criminal, and Administrative Actions 169 Additional Defenses Against Civil Actions 170 Statute of Limitations – TILA Sections 108, 129, 129B, 129C, 129D, 129E, 129F, 129G, 129H, and 130 171 Rescission Rights (Open-End and Closed-End Credit) – 12 CFR 1026.15 and 1026.23 172 REFERENCES 174 Laws 174 Regulations 174 Guides 174

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TRUTH IN LENDING ACT EXAMINATION PROCEDURES 175 Examination Objectives 175 General Procedures 175 Disclosure Forms 176 Closed-End Credit Disclosure Forms Review Procedures 177 Closed-End Credit Disclosure Forms – For Transactions Under 12 CFR 1026.19(e) and (f) 178 Loan Estimate – 12 CFR 1026.37(a) (Page 1 of the Loan Estimate) 178 Loan Terms – 12 CFR 1026.37(b) (Page 1 of the Loan Estimate) 179 Projected Payments – 12 CFR 1026.37(c) (Page 1 of the Loan Estimate) 180 Costs at Closing – 12 CFR 1026.37(d) (Page 1 of the Loan Estimate) 184 Closing Cost Details: Loan Costs – 12 CFR 1026.37(f) (Page 2 of the Loan Estimate) 185 Closing Cost Details: Other Costs – 12 CFR 1026.37(g) (Page 2 of the Loan Estimate) 185 Closing Cost Details: Calculating Cash to Close – 12 CFR 1026.37(h) (Page 2 of the Loan Estimate) 187 Closing Cost Details: Optional Alternative Calculating Cash to Close Table for Transactions without a Seller or for Simultaneous Subordinate Financing – 12 CFR 1026.37(h)(2) (Page 2 of the Loan Estimate) 190 Closing Cost Details: Adjustable Payment (AP) Table – 12 CFR 1026.37(i) (Page 2 of the Loan Estimate) 191 Closing Cost Details: Adjustable Interest Rate (AIR) Table – 12 CFR 1026.37(j) (Page 2 of the Loan Estimate) 192 Additional Information About This Loan: Contact information – 12 CFR 1026.37(k) (Page 3 of the Loan Estimate) 193 Additional Information About This Loan: Comparisons – 12 CFR 1026.37(l) (Page 3 of the Loan Estimate) 194 Additional Information About This Loan: Other Considerations – 12 CFR 1026.37(m) (Page 3 of the Loan Estimate) 194 Additional Information About This Loan: Confirm Receipt – 12 CFR 1026.37(n) (Page 3 of the Loan Estimate) 196 Form of Disclosures – 12 CFR 1026.37(o) 196 Closing Disclosure – 12 CFR 1026.38(a) 198 Closing Information – 12 CFR 1026.38(a)(3) (Page 1 of the Closing Disclosure) 198 Transaction Information – 12 CFR 1026.38(a)(4) (Page 1 of the Closing Disclosure) 199 Loan Information – 12 CFR 1026.38(a)(5) (Page 1 of the Closing Disclosure) 199 Loan Terms – 12 CFR 1026.38(b) (Page 1 of the Closing Disclosure) 200 Projected Payments – 12 CFR 1026.38(c) (Page 1 of the Closing Disclosure) 200 Costs at Closing – 12 CFR 1026.38(d) (Page 1 of the Closing Disclosure) 200 Closing Cost Details: Loan Costs – 12 CFR 1026.38(f) (Page 2 of the Closing Disclosure) 201 Closing Cost Details: Other Costs – 12 CFR 1026.38(g) (Page 2 of the Closing Disclosure) 201 Closing Cost Details: Total Closing Costs – 12 CFR 1026.38(h) (Page 2 of the Closing Disclosure) 202 Calculating Cash to Close – 12 CFR 1026.38(i) (Page 3 of the Closing Disclosure) 203 Alternative Cash to Close Table for Transactions Without a Seller or for Simultaneous Subordinate Financing – 12 CFR 1026.38(e) (Page 3 of the Closing Disclosure) 209 Summaries of Transactions: Borrower’s Transaction – 12 CFR 1026.38(j) (Page 3 of the Closing Disclosure) 212 Summaries of Transactions: Seller’s Transaction – 12 CFR 1026.38(k) (Page 3 of the Closing Disclosure)
215 Payoffs and Payments Table for Transactions Without a Seller or Simultaneous Subordinate Financing Transaction – 12 CFR 1026.38(t)(5)(vii)(B) (Page 3 of the Closing Disclosure) 218 Additional Information About This Loan: Loan Disclosures – 12 CFR 1026.38(l) (Page 4 of the Closing Disclosure) 220 Additional Information About This Loan: Adjustable Payment (AP) Table – 12 CFR 1026.38(m) (Page 4 of the Closing Disclosure) 223

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Additional Information About This Loan: Adjustable Interest Rate (AIR) Table – 12 CFR 1026.38(n) (Page 4 of the Closing Disclosure) 223 Loan Calculations – 12 CFR 1026.38(o) (Page 5 of the Closing Disclosure) 224 Other Disclosures – 12 CFR 1026.38(p) (Page 5 of the Closing Disclosure) 224 Questions Notice – 12 CFR 1026.38(q) (Page 5 of the Closing Disclosure) 226 Contact Information – 12 CFR 1026.38(r) (Page 5 of the Closing Disclosure) 226 Confirm Receipt – 12 CFR 1026.38(s) (Page 5 of the Closing Disclosure) 226 Form of Disclosures – 12 CFR 1026.38(t) 226 Construction or Construction-Permanent Loan Disclosures (12 CFR 1026.17(c)(2), (c)(6); .19(e)(1); .37-.38; and
Appendix D to Part 1026) 228
Content of Forms Not Subject to 12 CFR 1026.19(e)-(f) – Forms Review and Timing Requirements 235 Content of Forms Not Subject to 12 CFR 1026.19(e)-(f) – General (12 CFR 1026.18) 235 Disclosure of Post-Consummation Events – Rate Adjustments – 12 CFR 1026.20(c)-(d) 241 Escrow Cancellation Notice – 12 CFR 1026.20(e)(1) 244 Successors in Interest – 12 CFR 1026.20(f) 245 High-Cost Mortgages – 12 CFR 1026.32 246 Notice of Transfer – 12 CFR 1026.39 246 Treatment of Credit Balances – 12 CFR 1026.21 248 Open-End Credit Forms Review Procedures 254 Credit and Charge Card Application and Solicitation Disclosures – 12 CFR 1026.60 255 Requirements for Home-Equity Plans – 12 CFR 1026.40 259 Account Opening Initial Disclosures – 12 CFR 1026.6 261 Periodic Statement Disclosures – 12 CFR 1026.7 269 Subsequent Disclosure Requirements – 12 CFR 1026.9 276 Disclosure Requirements for Over-the-Limit Transactions – 12 CFR 1026.56 288 Reverse Mortgage Forms Review Procedures (Both Open- and Closed-End) 289 Timing Requirements 289 Mortgage Loans Secured by Real Property or a Cooperative Unit—Early Disclosures (Loan Estimates) – 12 CFR 1026.19(e) 294 Mortgage Loans Secured by Real Property or a Cooperative Unit—Final Disclosures (Closing Disclosures) – 12 CFR 1026.19(f) 299 Annual Report to the Consumer Financial Protection Bureau – 12 CFR 1026.57(d) 304 The Submission of Agreements to the Consumer Financial Protection Bureau – 12 CFR 1026.58(c) 305 The Posting of Agreements Offered to the Public – 12 CFR 1026.58(d) 308 The Posting of Agreements for “Open” Accounts – 12 CFR 1026.58(e) 309 Advertising (Open- and Closed-End) 310 Transactional Testing 312 Closed-End Credit Transactional Testing Procedures 312 Minimum Standards for Transactions Secured by a Dwelling – 12 CFR 1026.43 314 Refinancing Non-Standard Mortgages – 12 CFR 1026.43(d) 315

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Ability to Repay – 12 CFR 1026.43(c) 315
Income and Assets, Employment and Debt Obligations 317 Monthly Payment Calculation 318 Monthly Payment Calculation for Simultaneous Loans 318 Monthly Debt-to-Income Ratio or Residual Income 319 Qualified Mortgages – 12 CFR 1026.43(e) 319 Temporary Category of Qualified Mortgages – Other Agencies – 12 CFR 1026.43(e)(4) 322 Small Creditor Portfolio Loan Qualified Mortgages – 12 CFR 1026.43(e)(5) 323 Seasoned Loan Qualified Mortgages – 12 CFR 1026.43(e)(7) 324 Balloon-Payment Qualified Mortgages Made by Certain Small Creditors – 12 CFR 1026.43(f) 326 Temporary Balloon-Payment Qualified Mortgages Made by Small Creditors – 12 CFR 1026.43(e)(6) 328 Qualified Mortgage— Covered Institution Portfolio Loans–15 U.S.C. 1639c(b)(2)(F) 328 Prepayment Penalties – 12 CFR 1026.43(g) 329 Evasion of Minimum Standards for Loans Secured by a Dwelling – 12 CFR 1026.43(h) 331 High-Cost Mortgages, Reverse Mortgages, and Higher-Priced Mortgages Loans – 12 CFR 1026.32, 1026.33, and
1026.35 331
Higher-Priced Mortgage Loans: Appraisals 336
Higher-Priced Mortgage Loans: Escrow Accounts 339 Prohibited Payments to Loan Originators – 12 CFR 1026.36(d) and (e) 341 Prohibition on Dual Compensation 342 Prohibition on Steering 343 Loan Originator Qualifications and Documentation – 12 CFR 1026.36(f) and (g) 344 Policies and Procedures for Depository Institutions to Ensure and Monitor Compliance – 12 CFR 1026.36(j) 346 Prohibition on Mandatory Arbitration Clauses and Waiver of Certain Consumer Rights – 12 CFR 1026.36(h) 346 Prohibition on Financing Credit Insurance – 12 CFR 1026.36(i) 346 Negative Amortization Counseling – 12 CFR 1026.36(k) 347 Servicing Requirements for Certain Home Mortgages Subject to Subpart E 347 Valuation Independence 357 Open-End Credit Transactional Testing Procedures 360 Crediting a Consumer’s Account – 12 CFR 1026.10 361 Treatment of Credit Balances, Account Termination – 12 CFR 1026.11 363 Billing Error Resolution – 12 CFR 1026.13 (Open-End Credit) 364 Special Credit Card Provisions and Billing Error Resolution – 12 CFR 1026.12 and 13 364 Ability to Make the Required Minimum Payments – 12 CFR 1026.51 365 Limitations on Fees – 12 CFR 1026.52 367 Allocation of Payments – 12 CFR 1026.53 370 Loss of a Grace Period – 12 CFR 1026.54 371 Limitations on Increasing Annual Percentage Rates, Fees, and Charges – 12 CFR 1026.55 371 Requirements for Over-the-Limit Transactions – 12 CFR 1026.56 374 Reevaluation of Rate Increases – 12 CFR 1026.59 375 ADMINISTRATIVE ENFORCEMENT 377 HIGH-COST MORTGAGE (12 CFR 1026.32) WORKSHEET 378

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Truth in Lending Act1
The Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq., was enacted on May 29, 1968, as title I of the Consumer Credit Protection Act (Pub. L. 90-321). TILA, implemented by Regulation Z (12 CFR 1026), became effective July 1, 1969. TILA was first amended in 1970 to prohibit unsolicited credit cards. Additional major amendments to TILA and Regulation Z were made by the Fair Credit Billing Act of 1974, the Consumer Leasing Act of 1976, the Truth in Lending Simplification and Reform Act of 1980, the Fair Credit and Charge Card Disclosure Act of 1988, and the Home Equity Loan Consumer Protection Act of 1988. Regulation Z also was amended to implement Section 1204 of the Competitive Equality Banking Act of 1987, and in 1988, to include adjustable-rate mortgage loan disclosure requirements. All consumer leasing provisions were deleted from Regulation Z in 1981 and transferred to Regulation M (12 CFR 1013). The Home Ownership and Equity Protection Act of 1994 (HOEPA) amended TILA. The law imposed new disclosure requirements and substantive limitations on certain closed-end mortgage loans bearing rates or fees above a certain percentage or amount. The law also included new disclosure requirements to assist consumers in comparing the costs and other material considerations involved in a reverse mortgage transaction and authorized the Board of Governors of the Federal Reserve System (Board) to prohibit specific acts and practices in connection with mortgage transactions. The TILA amendments of 1995 dealt primarily with tolerances for real estate secured credit. Regulation Z was amended on September 14, 1996, to incorporate changes to TILA. Specifically, the revisions limit lenders’ liability for disclosure errors in real estate secured loans consummated after September 30, 1995. The Economic Growth and Regulatory Paperwork Reduction Act of 1996 further amended TILA. The amendments were made to simplify and improve disclosures related to credit transactions. The Electronic Signatures in Global and National Commerce Act (the E-Sign Act), 15 U.S.C. 7001 et seq., was enacted in 2000 and did not require implementing regulations. On November 9, 2007, amendments to Regulation Z and the official commentary were issued to simplify the regulation and provide guidance on the electronic delivery of disclosures consistent with the E-Sign Act. In July 2008, Regulation Z was amended to protect consumers in the mortgage market from unfair, abusive, or deceptive lending and servicing practices. Specifically, the change applied protections to a newly defined category of “higher-priced mortgage loans” (HPML) that includes 1 These procedures reflect changes to TILA and Regulation Z through May 2018, including applicable provisions of the Economic Growth, Regulatory Relief, and Consumer Protection Act, P.L 115-174 (May 24, 2018) that do not require rulemaking to be effective.

Interagency Consumer
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September 2020 TILA 11 virtually all closed-end subprime loans secured by a consumer’s principal dwelling. The revisions also applied new protections to mortgage loans secured by a dwelling, regardless of loan price, and required the delivery of early disclosures for more types of transactions. The revisions also banned several advertising practices deemed deceptive or misleading. The Mortgage Disclosure Improvement Act of 2008 (MDIA) broadened and added to the requirements of the Board’s July 2008 final rule by requiring early Truth in Lending disclosures for more types of transactions and by adding a waiting period between the time when disclosures are given and consummation of the transaction. In 2009, Regulation Z was amended to address those provisions. The MDIA also requires disclosure of payment examples if the loan’s interest rate or payments can change, as well as disclosure of a statement that there is no guarantee the consumer will be able to refinance in the future. In 2010, Regulation Z was amended to address these provisions, which became effective on January 30, 2011. In December 2008, the Board adopted two final rules pertaining to open-end (not home-secured) credit. The first rule involved Regulation Z revisions and made comprehensive changes applicable to several disclosures required for: applications and solicitations, new accounts, periodic statements, change in terms notifications, and advertisements. The second was a rule published under the Federal Trade Commission (FTC) Act and was issued jointly with the Office of Thrift Supervision (OTS) and the National Credit Union Administration (NCUA)), which sought to protect consumers from unfair acts or practices with respect to consumer credit card accounts. Before these rules became effective, however, the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act) amended TILA and established a number of new requirements for open-end consumer credit plans. Several provisions of the Credit CARD Act are similar to provisions in the Board’s December 2008 TILA revisions and the joint FTC Act rule, but other portions of the Credit CARD Act address practices or mandate disclosures that were not addressed in these rules. In light of the Credit CARD Act, the Board, the NCUA, and the OTS withdrew the substantive requirements of the joint FTC Act rule. On July 1, 2010, compliance with the provisions of the Board’s rule that were not impacted by the Credit CARD Act became effective. The Credit CARD Act provisions became effective in three stages. The provisions effective first (August 20, 2009) required creditors to increase the amount of notice consumers receive before the rate on a credit card account is increased or a significant change is made to the account’s terms. These amendments also allowed consumers to reject such increases and changes by informing the creditor before the increase or change goes into effect. The provisions effective next (February 22,

involved rules regarding interest rate increases, over-the-limit transactions, and student
cards. Finally, the provisions effective last (August 22, 2010) addressed the reasonableness and proportionality of penalty fees and charges and reevaluation of rate increases. In 2009, Regulation Z was amended following the passage of the Higher Education Opportunity Act (HEOA) by adding disclosure and timing requirements that apply to lenders making private education loans. In 2009, the Helping Families Save Their Homes Act amended TILA to establish a new requirement for notifying consumers of the sale or transfer of their mortgage loans. The

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September 2020 TILA 12 purchaser or assignee that acquires the loan must provide the required disclosures no later than 30 days after the date on which it acquired the loan. In 2010, the Board further amended Regulation Z to prohibit payment to a loan originator that is based on the terms or conditions of the loan, other than the amount of credit extended. The amendment applies to mortgage brokers and the companies that employ them, as well as to mortgage loan officers employed by depository institutions and other lenders. In addition, the amendment prohibits a loan originator from directing or “steering” a consumer to a loan that is not in the consumer’s interest to increase the loan originator’s compensation. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) amended TILA to include several provisions that protect the integrity of the appraisal process when a consumer’s home is securing the loan. The rule also requires that appraisers receive customary and reasonable payments for their services. The appraiser and loan originator compensation requirements had a mandatory compliance date of April 6, 2011. The Dodd-Frank Act generally granted rulemaking authority under TILA to the Consumer Financial Protection Bureau (CFPB or Bureau). Title XIV of the Dodd-Frank Act included a number of amendments to TILA, and in 2013, the CFPB issued rules to implement them. Prohibitions on mandatory arbitration and waivers of consumer rights, as well as requirements that lengthen the time creditors must maintain an escrow account for higher-priced mortgage loans, were generally effective June 1, 2013. Most of the remaining amendments to Regulation Z were effective in January 2014. 2 These amendments include ability-to-repay requirements for mortgage loans, appraisal requirements for higher-priced mortgage loans, a revised and expanded test for high-cost mortgages, as well as additional restrictions on those loans, expanded requirements for servicers of mortgage loans, refined loan originator compensation rules and loan origination qualification standards, and a prohibition on financing credit insurance for mortgage loans. The amendments also established new record retention requirements for certain provisions of TILA. On October 22, 2014, the CFPB issued a final rule providing an alternative small servicer definition for nonprofit entities and amended the ability-to-repay exemption for nonprofit entities. The final rule also provided a temporary cure mechanism for the points and fees limit that applies to qualified mortgages, with a sunset date of January 10, 2021. The final rule was effective on November 3, 2014, except for one provision that became effective on October 3, 2015. On October 2, 2015, the CFPB revised the definitions of small creditor and rural and underserved areas, which affect the availability of some special provisions and exemptions to Regulation Z’s Ability-to-Repay, high-cost mortgage, and HPML escrow
requirements. The final rule was effective January 1, 2016.3 In March 2016, the CFPB issued an interim final rule exercising the expanded authority granted to the Bureau by the Helping Expand Lending Practices 2 The amendment to 12 CFR 1026.35(e) was effective July 24, 2013; the amendments to 12 CFR 1026.35(b)(2)(iii), 1026.36(a), (b), and (j), and commentary to 12 CFR 1026.25(c)(2), 1026.35, and 1026.36(a), (b), (d), and (f) in Supp. I to Part 1026, were effective January 1, 2014. 3 80 FR 59944 (October 2, 2015).

Interagency Consumer
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September 2020 TILA 13 in Rural Communities Act to exempt small creditors that operate in rural or underserved areas.4 The interim final rule was effective March 31, 2016. In 2013, the CFPB also revised several open-end credit provisions in Regulation Z. The Bureau revised the general limitation on the total amount of account fees that a credit card issuer may require a consumer to pay. Effective March 28, 2013, the limit is 25 percent of the credit limit in effect when the account is opened and applies only during the first year after account opening. The CFPB also amended Regulation Z to remove the requirement that card issuers consider the consumer’s independent ability to pay for applicants who are 21 or older and to permit issuers to consider income and assets to which such consumers have a reasonable expectation of access. This change was effective May 3, 2013, with a mandatory compliance date of November 4, 2013. In 2013, the CFPB further amended Regulation Z as well as Regulation X, the regulation implementing the Real Estate Settlement Procedures Act (RESPA), to fulfill the mandate in the Dodd-Frank Act to integrate the mortgage disclosures under TILA and RESPA Sections 4 and 5 (the TILA-RESPA Integrated Disclosure (TRID) Rule). Regulation Z now contains two new forms required for most closed-end consumer mortgage loans. The Loan Estimate is provided within three business days from application, and the Closing Disclosure is provided to consumers three business days before loan consummation. These disclosures must be used for mortgage loans for which the creditor or mortgage broker receives an application on or after October 3, 20155 . In 2016, the CFPB amended Regulation Z as well as Regulation E, the regulation implementing the Electronic Fund Transfer Act (EFTA), to extend protections to prepaid accounts. In Regulation E, tailored provisions governing disclosures, limited liability and error resolution, and periodic statements were adopted for prepaid accounts, along with new requirements regarding the posting and submission of prepaid account agreements. In Regulation Z, coverage of the term “credit card” was expanded to include “hybrid prepaid-credit card” as defined in 12 CFR
1026.61. The amendments to Regulation Z further regulate credit features that may be offered in
conjunction with prepaid accounts. Together these amendments are known as the “Prepaid Rule”. The Bureau further amended the Prepaid Rule in January 2018 to modify the definition of “business partner”, in addition to making other changes, and extend the effective date of the Prepaid Rule, as amended, to April 1, 2019. In 2017, the Bureau amended and clarified several provisions of Regulation Z6 , including creating tolerances for the total of payments disclosure, amending and clarifying the application of the good faith standard under 12 CFR 1026.19(e)(3) and related tolerances, and clarifying disclosure provisions related to construction loans. Mandatory compliance with most provisions of the amended rule began on October 1, 2018. In 2018, the Bureau further amended the rule to 4 81 FR 16074 (March 25, 2016). 5 The effective date for the TILA-RESPA Integrated Disclosure Rule was extended to October 3, 2015, by a final rule published in the Federal Register on July 24, 2015 (80 Fed. Reg. 43911). Other provisions of the rule were effective on October 3, 2015, regardless of whether an application was received on that date. 6 82 Fed. Reg. 37656 (August 11, 2017)

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Laws and Regulations TILA
September 2020 TILA 14 address when Closing Disclosures may be used to reset tolerances7 . These provisions became effective June 1, 2018. On August 4, 2016, the CFPB issued a final rule to further clarify, revise, and amend provisions of Regulation Z and Regulation X8 . The amendments in the final rule are referenced in this document as the “2016 Servicing Rule”. The 2016 Servicing Rule establishes definitions of successor in interest and confirmed successor in interest in 12 CFR 1026.2(a)(27), and provides that a confirmed successor in interest is a “consumer” for purposes of the mortgage servicing provisions in Regulation Z (12 CFR 1026.2(a)(11)). 9 The 2016 Servicing Rule also adopts a general definition of delinquency that applies to all of the servicing provisions in Regulation X and the provisions regarding periodic statements for mortgage loans in Regulation Z. Furthermore, the 2016 Servicing Rule clarifies, revises, or amends provisions of Regulation Z relating to:

Interest rate adjustment notices for adjustable-rate mortgages (ARMs) (12 CFR 1026.20);
Prompt crediting of mortgage payments and responses to requests for payoff amounts (12
CFR 1026.36(c));
Periodic statements for mortgage loans (12 CFR 1026.41), including requiring servicers to
provide certain consumers in bankruptcy a modified periodic statement or coupon book; and
Small servicers (12 CFR 1026.41(e)(4)).
The 2016 Servicing Rule took effect on October 19, 2017, except the provisions related to successors in interest and periodic statements for consumers in bankruptcy, which took effect on April 19, 2018. The CFPB concurrently issued an interpretive rule under the Fair Debt Collection Practices Act (FDCPA) to clarify the interaction of FDCPA and specified mortgage servicing rules in Regulations X and Z.10 This 2016 FDCPA Interpretive Rule constitutes an advisory opinion for purposes of FDCPA and provides safe harbors from liability for servicers acting in compliance with it. In 2018, the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA)11 amended several provisions of TILA, including: (1) the addition of a new qualified mortgage category for portfolio mortgages of certain insured depository institutions and insured credit 7 83 Fed. Reg. 19159 (May 2, 2018). 8 81 Fed. Reg. 72160 (October 19, 2016). 9 The 2016 Servicing Rule included the following changes to Regulation Z for successors in interest: 12 CFR 1026.2(a)(11) and (27), 1026.20(f), 1026.39(f), and 1026.41(g). The 2016 Servicing Rule also changed several sections of the Official Interpretations of Regulation X, published in commentary. 10 See Safe Harbors from Liability under the Fair Debt Collection Practices Act for Certain Actions Taken in Compliance with Mortgage Servicing Rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z) (81 Fed. Reg. 71977) (Oct. 19, 2016). The interpretations in this interpretive rule are included in Regulation X comments 30(d)-1 and 39(d)-2; Regulation Z comment 2(a)(11)-4.ii. 11 These procedures do not contain references to other EGRRCPA amendments that require rulemakings to be effective. Those provisions relate to exemptions for certain creditors from certain mortgage escrow requirements and to Property Assessed Clean Energy (PACE) financing.

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Laws and Regulations TILA
September 2020 TILA 15 unions with under $10 billion in assets; (2) modification of the waiting period requirements for high-cost mortgage loan consummation under certain conditions; (3) clarification of “customary and reasonable” as they pertain to fee appraisers who voluntarily donate appraisal services to certain charitable organizations; and (4) student loan protections in the event of bankruptcy or death of the student or non-student obligor. The EGRRCPA also amended TILA to modify an exemption for manufactured or modular home retailers and their employees from loan originator compensation requirements when specific conditions are met, and amended the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act) regarding employment transition of certain loan originators. These provisions were generally effective on May 24, 2018, except for the student loan protections, which became effective on November 24, 2018, and the SAFE Act changes, which became effective on November 24, 2019. On November 16, 2019, the Bureau issued an interpretive rule on the SAFE Act changes, with an effective date of November 24, 2019.12 In 2020 and 2021, the Bureau issued four final rules amending the qualified mortgage (also referred to as QM) provisions of Regulation Z. The first final rule extended the January 10, 2021 sunset date of a temporary qualified mortgage definition for certain loans eligible for purchase or guarantee by the Government Sponsored Enterprises (GSEs) until the mandatory compliance date of final amendments to the general qualified mortgage definition.13 The second final rule (the General QM Final Rule) amended the general qualified mortgage definition, primarily by replacing its 43 percent debt-to-income ratio limit with a limit based on the loan’s pricing.14 The third final rule (the Seasoned QM Final Rule) created a new category of qualified mortgages— known as “seasoned qualified mortgages”—for first-lien, fixed-rate covered transactions that have met certain performance requirements over a seasoning period of at least 36 months, are held in portfolio by the originating creditor or first purchaser until the end of the seasoning period, comply with general restrictions on product features and points and fees, and meet certain underwriting requirements. 15 The fourth final rule extended the mandatory compliance date of the General QM Final Rule until October 1, 2022.16 As a result of the fourth final rule, the temporary qualified mortgage definition, commonly known as the GSE Patch, will expire on October 1, 2022 or the date the applicable GSE exits conservatorship, whichever comes first.17 12 Truth in Lending (Regulation Z); Screening and Training Requirements for Mortgage Loan Originators with Temporary Authority, 84 Fed. Reg. 63791 (November 19, 2019). 13 85 Fed. Reg. 67938 (October 26, 2020). 14 85 Fed. Reg. 86308 (December 29, 2020). 15 85 Fed. Reg. 86402 (December 29, 2020). 16 86 Fed. Reg. 22844 (April 30, 2021). 17 The
practical availability of the GSE Patch may be affected by policies or agreements created by parties other than the Bureau, such as the Preferred Stock Purchase Agreements (PSPAs), which include restrictions on GSE purchases that rely on the GSE Patch definition after July 1, 2021.

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September 2020 TILA 16
Format of Regulation Z
The rules creditors must follow differ depending on whether the creditor is offering open-end credit, such as credit cards or home-equity lines, or closed-end credit, such as car loans or mortgages. Subpart A (12 CFR 1026.1 through 1026.4) of the regulation provides general information that applies to open-end and closed-end credit transactions. It sets forth definitions (12 CFR 1026.2) and stipulates which transactions are covered and which are exempt from the regulation (12 CFR 1026.3). It also contains the rules for determining which fees are finance charges (12 CFR 1026.4). Subpart B (12 CFR 1026.5 through 1026.16) relates to open-end credit. It contains rules on account-opening disclosures (12 CFR 1026.6) and periodic statements (12 CFR 1026.7-8). It also describes special rules that apply to credit card transactions, treatment of payments (12 CFR 1026.10) and credit balances (12 CFR 1026.11), procedures for resolving credit billing errors (12 CFR 1026.13), annual percentage rate (APR) calculations (12 CFR 1026.14), rescission rights (12 CFR 1026.15), and advertising (12 CFR 1026.16). Subpart C (12 CFR 1026.17 through 1026.24) relates to closed-end credit. It contains rules on disclosures (12 CFR 1026.17-20), treatment of credit balances (12 CFR 1026.21), annual percentage rate calculations (12 CFR 1026.22), rescission right (12 CFR 1026.23), and advertising (12 CFR 1026.24). Subpart D (12 CFR 1026.25 through 1026.30) contains rules on record retention (12 CFR 1026.25), oral disclosures (12 CFR 1026.26), disclosures in languages other than English (12 CFR 1026.27), effect on state laws (12 CFR 1026.28), state exemptions (12 CFR 1026.29), and rate limitations (12 CFR 1026.30). Subpart E (12 CFR 1026.31 through 1026.45) contains special rules for mortgage transactions. The rules require certain disclosures and provide limitations for closed-end credit transactions and open-end credit plans that have rates or fees above specified amounts or certain prepayment penalties (12 CFR 1026.32). Special disclosures are also required, including the total annual loan cost rate, for reverse mortgage transactions (12 CFR 1026.33). The rules also prohibit specific acts and practices in connection with high-cost mortgages, as defined in 12 CFR 1026.32(a), (12 CFR 1026.34); in connection with closed-end higher-priced mortgage loans, as defined in 12 CFR 1026.35(a), (12 CFR 1026.35); and in connection with an extension of credit secured by a dwelling (12 CFR 1026.36). This subpart also sets forth disclosure requirements, effective October 3, 2015, for certain closed-end transactions secured by real property, or a cooperative unit, as required by 12 CFR 1026.19(e) and (f), 12 CFR 1026.37-38, disclosures for mortgage transfers (12 CFR 1026.39), and disclosure requirements for periodic statements for residential mortgage loans (12 CFR 1026.41). In addition, it contains minimum standards for transactions secured by a dwelling, including provisions relating to
ability to repay and qualified mortgages (12 CFR 1026.43). This subpart includes the small servicer exemption found in 12 CFR 1026.41(e)(4).

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Subpart F (12 CFR 1026.46 through 1026.48) relates to private education loans. It contains rules on disclosures (12 CFR 1026.46), limitations on changes in terms after approval (12 CFR 1026.48), the right to cancel the loan (12 CFR 1026.47), and limitations on co-branding in the marketing of private education loans (12 CFR 1026.48). Subpart G (12 CFR 1026.51 through 1026.61) relates to credit card accounts, including covered separate credit features accessible by hybrid prepaid-credit cards, under an open-end (not homesecured) consumer credit plan (except for 12 CFR 1026.57(c), which applies to all open-end credit plans). This subpart contains rules regarding disclosures provided on or with credit and charge card applications and solicitations (12 CFR 1026.60). It also contains rules regarding hybrid prepaidcredit cards (12 CFR 1026.61). Subpart G contains rules on evaluation of a consumer’s ability to make the required payments under the terms of an account (12 CFR 1026.51), limits the fees that a consumer can be required to pay (12 CFR 1026.52), and contains rules on allocation of payments in excess of the minimum payment (12 CFR 1026.53). It also sets forth certain limitations on the imposition of finance charges as the result of a loss of a grace period (12 CFR 1026.54), and on increases in annual percentage rates, fees, and charges for credit card accounts (12 CFR 1026.55), including the reevaluation of rate increases (12 CFR 1026.59). This subpart prohibits the assessment of fees or charges for over-the-limit transactions unless the consumer affirmatively consents to the creditor’s payment of over-the-limit transactions (12 CFR 1026.56). This subpart also sets forth rules for reporting and marketing of college student open-end credit (12 CFR 1026.57). Finally, it sets forth requirements for the Internet posting of credit card accounts under an open-end (not home-secured) consumer credit plan (12 CFR 1026.58). Several appendices contain information such as the procedures for determinations about state laws, state exemptions and issuance of official interpretations, special rules for certain kinds of credit plans, model disclosure forms, standards for determining ability to pay, and the rules for computing annual percentage rates in closed-end credit transactions and total-annual-loan-cost rates for reverse mortgage transactions. Official interpretations of the regulation are published in a commentary. Good faith compliance with the commentary protects creditors from civil liability under TILA. In addition, the commentary includes more detailed information on disclosures or other actions required of creditors. It is virtually impossible to comply with Regulation Z without reference to and reliance on the commentary. NOTE: The following narrative does not discuss all the sections of Regulation Z but rather highlights only certain sections of the regulation and TILA.

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September 2020 TILA 18
Truth in Lending Act Narrative
Subpart A – General
This subpart contains general information regarding both open-end and closed-end credit transactions. It sets forth definitions (12 CFR 1026.2) and sets out which transactions are covered and which are exempt from the regulation (12 CFR 1026.3). It also contains the rules for determining which fees are finance charges (12 CFR 1026.4). Purpose of the TILA and Regulation Z TILA is intended to ensure that credit terms are disclosed in a meaningful way so consumers can compare credit terms more readily and knowledgeably. Before its enactment, consumers were faced with a bewildering array of credit terms and rates. It was difficult to compare loans because they were seldom presented in the same format. Now, all creditors must use the same credit terminology and expressions of rates. In addition to providing a uniform system for disclosures, TILA:

Protects consumers against inaccurate and unfair credit billing and credit card practices;
Provides ability to repay requirements and other limitations applicable to credit cards;
Provides consumers with rescission rights;
Provides for rate caps on certain dwelling-secured loans;
Imposes limitations on home equity lines of credit and certain closed-end home mortgages;
Provides minimum standards for most dwelling-secured loans; and
Delineates and prohibits unfair or deceptive mortgage lending practices.
TILA and Regulation Z do not, however, tell financial institutions how much interest they may charge or whether they must grant a consumer a loan. Summary of Coverage Considerations – 12 CFR 1026.1 and 1026.2 Lenders must carefully consider several factors when deciding whether a loan is subject to Truth in Lending disclosures or other Regulation Z requirements. The coverage considerations under Regulation Z are addressed in more detail in the commentary to Regulation Z. For example, broad coverage considerations are included under 12 CFR 1026.1(c) of the regulation, and relevant definitions appear in 12 CFR 1026.2.

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The 2016 Servicing Rule adds a definition of successor in interest. Successor in interest means a person to whom an ownership interest in a dwelling securing a closed-end consumer credit transaction is transferred from a consumer, provided that the transfer is:

A transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by
the entirety;
A transfer to a relative resulting from the death of the consumer;
A transfer where the spouse or children of the consumer become an owner of the property;
A transfer resulting from a decree of a dissolution of marriage, a legal separation agreement,
or an incidental property settlement agreement, by which the spouse of the consumer becomes an owner of the property; or
A transfer into an inter vivos trust in which the consumer is and remains a beneficiary and
which does not relate to a transfer of rights of occupancy in the property. 12 CFR 1026.2(a)(27)(i) Confirmed successor in interest means a successor in interest once a servicer has confirmed the successor in interest’s identity and ownership interest in the dwelling (12 CFR 1026.2(a)(27)(ii)). Under 12 CFR 1026.2(a)(11), a confirmed successor in interest is a consumer for purposes of 12 CFR 1026.20(c) through (e), 1026.36(c), 1026.39, and 1026.41. Further, a servicer that is debt collector under FDCPA with respect to a mortgage loan does not violate the prohibition in FDCPA Section 805(b) on communicating with third parties by communicating with a confirmed successor in interest in compliance with the mortgage servicing rules because “consumer” for purposes of FDCPA Section 805 includes any person who meets the definition in this part of confirmed successor in interest (Comment 2(a)(11)-4.ii). 18 Exempt Transactions – 12 CFR 1026.3 The following transactions are exempt from Regulation Z:
Credit extended primarily for a business, commercial, or agricultural purpose;
Credit extended to other than a natural person (including credit to government agencies or
instrumentalities);
NOTE: Credit extended to trusts established for tax or estate planning purposes or to land trusts is considered to be extended to a natural person for purposes of the definition of “consumer” (12 CFR 1026.2(a)(11), Comment 2(a)(11)-3). 18 See also the 2016 FDCPA Interpretive Rule (81 Fed. Reg. 71977, 71979).

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September 2020 TILA 20

Credit in excess of an annually adjusted threshold not secured by real property or by personal
property used or expected to be used as the principal dwelling of the consumer;19
Public utility credit;
Credit extended by a broker-dealer registered with the Securities and Exchange Commission
or the Commodity Futures Trading Commission, involving securities or commodities accounts;
Home fuel budget plans not subject to a finance charge; and
Certain student loan programs.
However, when a credit card is involved, generally exempt credit (e.g., business purpose credit) is subject to the requirements that govern the issuance of credit cards and liability for their unauthorized use. Credit cards must not be issued on an unsolicited basis and, if a credit card is lost or stolen, the cardholder must not be held liable for more than $50 for the unauthorized use of the card (Comment 3-1). When determining whether credit is for consumer purposes, the creditor must evaluate all of the following:
Any statement obtained from the consumer describing the purpose of the proceeds.
o For example, a statement that the proceeds will be used for a vacation trip would indicate a consumer purpose. o If the loan has a mixed purpose (e.g., proceeds will be used to buy a car that will be used for personal and business purposes), the lender must look to the primary purpose of the loan to decide whether disclosures are necessary. A statement of purpose from the consumer will help the lender make that decision. o A checked box indicating that the loan is for a business purpose, absent any documentation showing the intended use of the proceeds could be insufficient evidence that the loan did not have a consumer purpose.
The consumer’s primary occupation and how it relates to the use of the proceeds. The higher
the correlation between the consumer’s occupation and the property purchased from the loan proceeds, the greater the likelihood that the loan has a business purpose. For example, proceeds used to purchase dental supplies for a dentist would indicate a business purpose.
Personal management of the assets purchased from proceeds. The lower the degree of the
borrower’s personal involvement in the management of the investment or enterprise purchased by the loan proceeds, the less likely the loan will have a business purpose. For example, money borrowed to purchase stock in an automobile company by an individual who 19 The Dodd-Frank Act requires that this threshold be adjusted annually by any annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). For the current threshold, see 12 CFR 1026.3(b)(ii).

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September 2020 TILA 21 does not work for that company would indicate a personal investment and a consumer purpose.

The size of the transaction. The larger the size of the transaction, the more likely the loan will
have a business purpose. For example, if the loan is for a $5 million real estate transaction, that might indicate a business purpose.
The amount of income derived from the property acquired by the loan proceeds relative to
the borrower’s total income. The lesser the income derived from the acquired property, the more likely the loan will have a consumer purpose. For example, if the borrower has an annual salary of $100,000 and receives about $500 in annual dividends from the acquired property, that would indicate a consumer purpose. Creditors must consider all five factors before determining that disclosures are not necessary. Normally, no one factor by itself is sufficient reason to determine the applicability of Regulation Z. In any event, the financial institution may routinely furnish disclosures to the consumer. Disclosure under such circumstances does not control whether the transaction is covered but can assure protection to the financial institution and compliance with the law.

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Coverage Considerations under Regulation Z

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September 2020 TILA 23
Determination of Finance Charge and Annual Percentage Rate (APR) Finance Charge (Open-End and Closed-End Credit) – 12 CFR 1026.4 The finance charge is a measure of the cost of consumer credit represented in dollars and cents. Along with APR disclosures, the disclosure of the finance charge is central to the uniform credit cost disclosure envisioned by TILA. The finance charge does not include any charge of a type payable in a comparable cash transaction. Examples of charges payable in a comparable cash transaction may include taxes, title, license fees, or registration fees paid in connection with an automobile purchase. In addition, with respect to a covered separate credit feature and an asset feature on a prepaid account that are both accessible by a hybrid prepaid-credit card, the finance charge does not include a charge imposed on the asset feature of the prepaid account to the extent the amount of the charge does not exceed comparable charges imposed on prepaid accounts in the same prepaid account program that do not have a covered separate credit feature accessible by a hybrid prepaid-credit card. Finance charges include any charges or fees payable directly or indirectly by the consumer and imposed directly or indirectly by the financial institution either as an incident to or as a condition of an extension of consumer credit. The finance charge on a loan always includes any interest charges and often, other charges. Regulation Z includes examples, applicable both to open-end and closed-end credit transactions, of what must, must not, or need not be included in the disclosed finance charge (12 CFR 1026.4(b)). Accuracy Tolerances (Closed-End Credit) – 12 CFR 1026.18(d) and 1026.23(g) and (h) Regulation Z provides finance charge tolerances for legal accuracy that should not be confused with those provided in TILA for reimbursement under regulatory agency orders. As with disclosed APRs, if a disclosed finance charge were legally accurate, it would not be subject to reimbursement. Under TILA and Regulation Z, finance charge disclosures for open-end credit must be accurate since there is no tolerance for finance charge errors. However, both TILA and Regulation Z permit various finance charge accuracy tolerances for closed-end credit. Tolerances for the finance charge in a closed-end transaction, other than a mortgage loan, are generally $5 if the amount financed is less than or equal to $1,000, and $10 if the amount financed exceeds $1,000 (12 CFR 1026.18(d)(2)). For transactions that are subject to 12 CFR 1026.19(e) and (f) (i.e., transactions subject to the TILA-RESPA Integrated Disclosure Rule), the tolerances applicable to finance charges are also applicable to the total of payments disclosure. Tolerances for certain transactions consummated on or after September 30, 1995, are noted below.

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September 2020 TILA 24

Credit secured by real property or a dwelling (closed-end credit only) (12 CFR
1026.18(d)(1)):
o The disclosed finance charge is considered accurate if it is not understated by more than $100. o Overstatements are not violations.
Rescission rights after the three-business-day rescission period (closed-end credit only) (12
CFR 1026.23(g)):
o Tolerances for accuracy, General Rule – One-half of 1 percent tolerance:
The disclosed finance charge is considered accurate if it is not understated by
more than one-half of 1 percent of the face amount of the note or $100, whichever is greater.
The total of payments for transactions subject to 12 CFR 1026.19(e) and (f) is
considered accurate for purposes of this section if it is understated by no more than one-half of 1 percent of the face amount of the note or $100, whichever is greater.
The disclosed finance charge and the total payments are considered accurate
if the amount disclosed was greater than the amount required to be disclosed (i.e., the amount disclosed overstated the actual finance charge or total of payments). o Tolerances for accuracy, Refinancings – One percent tolerance, for the initial and subsequent refinancings of residential mortgage transactions when the new loan is made at a different financial institution. (Excludes high-cost mortgage loans subject to 12 CFR 1026.32, transactions in which there are new advances, and new consolidations.):
The disclosed finance charge is considered accurate if it is not understated by
more than 1 percent of the face amount of the note or $100, whichever is greater,
The total of payments for transactions subject to 12 CFR 1026.19(e) and (f) is
considered accurate for purposes of this section if it is understated by no more than 1 percent of the face amount of the note or $100, whichever is greater.
The disclosed finance charge and the total of payments (for transactions subject
to 12 CFR 1026.19(e) and (f)) are considered accurate if the amount disclosed was greater than the amount required to be disclosed (i.e., the amount disclosed overstated the actual finance charge or total of payments).
Rescission rights in foreclosure (12 CFR 1026.23(h)):

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September 2020 TILA 25 o Right to rescind. After the initiation of foreclosure on the consumer’s principal dwelling that secures the obligation, the consumer can rescind if:

A mortgage broker fee that should have been included in the finance charge was
not included; or
The creditor did not provide the properly completed appropriate model form in
Appendix H, or a substantially similar notice of rescission.
o Tolerance for disclosures. After the initiation of foreclosure on the consumer’s principal dwelling that secures the credit obligation:
The disclosed finance charge is considered accurate if it is understated by no more
than $35.
The total of payments for transactions subject to 12 CFR 1026.19(e) and (f) is
considered accurate for purposes of this section if it is understated by no more than $35.
The disclosed finance charge and the total of payments (for transactions subject to
12 CFR 1026.19(e) and (f)) are considered accurate if the amount disclosed was greater than the amount required to be disclosed (i.e., the amount disclosed overstated the actual finance charge or total of payments) NOTES:
Normally, the finance charge tolerance for a rescindable transaction is either 0.5 percent
of the credit transaction or, for certain refinancings, 1 percent of the credit transaction. However, in the event of a foreclosure, the consumer may exercise the right of rescission if the disclosed finance charge is understated by more than $35.
Tolerances for the total of payments disclosure as discussed in 12 CFR 1026.38(o)(1)
are similar to the tolerances applicable to the finance charge. Special tolerances apply to the disclosure of the total of payments for purposes of the right of rescission, for transactions subject to 12 CFR 1026.19(e) and (f). (12 CFR 1026.23(g)(1)(ii), (g)(2)(ii)).
See the “Finance Charge Tolerances” charts within these examination procedures for help
in determining appropriate finance charge tolerances.
Calculating the Finance Charge (Closed-End Credit) One of the more complex tasks under Regulation Z is determining whether a charge associated with an extension of credit must be included in, or excluded from, the disclosed finance charge. The finance charge initially includes any charge that is, or will be, connected with a specific loan. Charges imposed by third parties are finance charges if the financial institution requires use of the third party. Charges imposed by settlement or closing agents are finance charges if the

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September 2020 TILA 26 bank requires the specific service that gave rise to the charge and the charge is not otherwise excluded. The “Finance Charge” charts within this document briefly summarize the rules that must be considered under (12 CFR 1026.4). Prepaid Finance Charges – 12 CFR 1026.18(b)(3) A prepaid finance charge is any finance charge paid separately to the financial institution or to a third party, in cash or by check before or at closing, settlement, or consummation of a transaction, or withheld from the proceeds of the credit at any time. Prepaid finance charges effectively reduce the amount of funds available for the consumer’s use, usually before or at the time the transaction is consummated. Examples of finance charges frequently prepaid by consumers are borrower’s points, loan origination fees, real estate/construction inspection fees, odd days’ interest (interest attributable to part of the first payment period when that period is longer than a regular payment period), mortgage guarantee insurance fees paid to the Federal Housing Administration (FHA), private mortgage insurance (PMI) paid to such companies as the Mortgage Guaranty Insurance Corporation (MGIC), and, in non-real-estate transactions, credit report fees. Precomputed Finance Charges A precomputed finance charge includes, for example, interest added to the note amount that is computed by the add-on, discount, or simple interest methods. If reflected in the face amount of the debt instrument as part of the consumer’s obligation, finance charges that are not viewed as prepaid finance charges are treated as precomputed finance charges that are earned over the life of the loan.

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Finance Charge Chart
FINANCE CHARGE = DOLLAR COST OF CONSUMER CREDIT: It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as a condition of or incident to the extension of credit. CHARGES ALWAYS INCLUDED CHARGES INCLUDED UNLESS CONDITIONS ARE MET CONDITIONS (Any loan) CHARGES NOT INCLUDED IF BONA FIDE AND REASONABLE IN AMOUNT (Residential mortgage transactions and loans secured by real estate) CHARGES NEVER INCLUDED Charges payable in a comparable cash transaction. Fees for unanticipated late payments Overdraft fees not agreed to in writing Seller’s points Participation or membership fees Discount offered by the seller to induce payment by cash or other means not involving the use of a credit card Interest forfeited as a result of interest reduction required by law Charges absorbed by the creditor as a cost of doing business Interest Transaction fees Loan origination fees Consumer points Credit guarantee insurance premiums Charges imposed on the creditor for purchasing the loan, which are passed on to the consumer Discounts for inducing payment by means other than credit Mortgage broker fees Other examples: Fee for preparing TILA disclosures; real estate construction loan inspection fees; fees for post-consummation tax or flood service policy; required credit life insurance charges Premiums for credit life, A&H, or loss of income insurance Debt cancellation fees Premiums for property or liability insurance Premiums for vendor’s single interest (VSI) insurance Security interest charges (filing fees), insurance in lieu of filing fees and certain notary fees Charges imposed by third parties Charges imposed by third-party closing agents Appraisal and credit report fees Insurance not required, disclosures are made, and consumer authorizes Coverage not required, disclosures are made, and consumer authorizes Consumer selects insurance company and disclosures are made Insurer waives right of subrogation, consumer selects insurance company, and disclosures are made The fee is for lien purposes, prescribed by law, payable to a third public official and is itemized and disclosed Use of the third party is not required to obtain loan and creditor does not retain the charge Creditor does not require and does not retain the fee for the particular service Application fees, if charged to all applicants, are not finance charges. Application fees may include appraisal or credit report fees. Fees for title insurance, title examination, property survey, etc. Fees for preparing loan documents, mortgages, and other settlement documents Amounts required to be paid into escrow, if not otherwise included in the finance charge Notary fees Pre-consummation flood and pest inspection fees Appraisal and credit report fees

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Instructions for the Finance Charge Chart
The finance charge initially includes any charge that is, or will be, connected with a specific loan. Charges imposed by third parties are finance charges if the creditor requires use of the third party. Charges imposed on the consumer by a settlement agent are finance charges only if the creditor requires the particular services for which the settlement agent is charging the borrower and the charge is not otherwise excluded from the finance charge. Immediately below the finance charge definition, the chart presents five captions applicable to determining whether a loan-related charge is a finance charge. The first caption is “charges always included.” This category focuses on specific charges given in the regulation or commentary as examples of finance charges. The second caption, “charges included unless conditions are met,” focuses on charges that must be included in the finance charge unless the creditor meets specific disclosure or other conditions to exclude the charges from the finance charge. The third caption, “conditions,” focuses on the conditions that need to be met if the charges identified to the left of the conditions are permitted to be excluded from the finance charge. Although most charges under the second caption may be included in the finance charge at the creditor’s option, third-party charges and application fees (listed last under the third caption) must be excluded from the finance charge if the relevant conditions are met. However, inclusion of appraisal and credit report charges as part of the application fee is optional. The fourth caption, “charges not included,” identifies fees or charges that are not included in the finance charge under conditions identified by the caption. If the credit transaction is secured by real property or the loan is a residential mortgage transaction, the charges identified in the column, if they are bona fide and reasonable in amount, must be excluded from the finance charge. For example, if a consumer loan is secured by a vacant lot or commercial real estate, any appraisal fees connected with the loan must not be included in the finance charge. The fifth caption, “charges never included,” lists specific charges provided by the regulation as examples of those that automatically are not finance charges (e.g., fees for unanticipated late payments). Annual Percentage Rate Definition – 12 CFR 1026.22 (Closed-End Credit) Credit costs may vary depending on the interest rate, the amount of the loan and other charges, the timing and amounts of advances, and the repayment schedule. The APR, which must be disclosed in nearly all consumer credit transactions, is designed to take into account all relevant factors and to provide a uniform measure for comparing the cost of various credit transactions. The APR is a measure of the cost of credit, expressed as a nominal yearly rate. It relates the amount and timing of value received by the consumer to the amount and timing of payments made. The disclosure
of the APR is central to the uniform credit cost disclosure envisioned by TILA.

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The value of a closed-end credit APR must be disclosed as a single rate only, whether the loan has a single interest rate, a variable interest rate, a discounted variable interest rate, or graduated payments based on separate interest rates (step rates), and it must appear with the segregated disclosures. Segregated disclosures are grouped together and do not contain any information not directly related to the disclosures required under (12 CFR 1026.18). Since an APR measures the total cost of credit, including costs such as transaction charges or premiums for credit guarantee insurance, it is not an “interest” rate, as that term is generally used. APR calculations do not rely on definitions of interest in state law and often include charges, such as a commitment fee paid by the consumer, that are not viewed by some state usury statutes as interest. Conversely, an APR might not include a charge, such as a credit report fee in a real property transaction, which some state laws might view as interest for usury purposes. Furthermore, measuring the timing of value received and of payments made, which is essential if APR calculations are to be accurate, must be consistent with parameters under Regulation Z. The APR is often considered to be the finance charge expressed as a percentage. However, two loans could require the same finance charge and still have different APRs because of differing values of the amount financed or of payment schedules. For example, the APR is 12 percent on a loan with an amount financed of $5,000 and 36 equal monthly payments of $166.07 each. It is
13.26 percent on a loan with an amount financed of $4,500 and 35 equal monthly payments of
$152.18 each and final payment of $152.22. In both cases the finance charge is $978.52. The APRs on these example loans are not the same because an APR does not only reflect the finance charge, it relates the amount and timing of value received by the consumer to the amount and timing of payments made. The APR is a function of:

The amount financed, which is not necessarily equivalent to the loan amount. For example, if
the consumer must pay at closing a separate 1 percent loan origination fee (prepaid finance charge) on a $100,000 residential mortgage loan, the loan amount is $100,000, but the amount financed would be $100,000 less the $1,000 loan fee, or $99,000.
The finance charge, which is not necessarily equivalent to the total interest amount (interest
is not defined by Regulation Z but rather by state or other federal law). For example:
o If the consumer must pay a $25 credit report fee for an auto loan, the fee must be included in the finance charge. The finance charge in that case is the sum of the interest on the loan (i.e., interest generated by the application of a percentage rate against the loan amount) plus the $25 credit report fee. o If the consumer must pay a $25 credit report fee for a home improvement loan secured by real property, the credit report fee must be excluded from the finance charge. The finance charge in that case would be only the interest on the loan.

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The payment schedule, which does not necessarily include only principal and interest (P + I)
payments. For example:
o If the consumer borrows $2,500 for a vacation trip at 14 percent simple interest per annum and repays that amount with 25 equal monthly payments beginning one month from consummation of the transaction, the monthly P + I payment will be $115.87, if all months are considered equal, and the amount financed would be $2,500. If the consumer’s payments are increased by $2 a month to pay a non-financed $50 loan fee during the life of the loan, the amount financed would remain at $2,500, but the payment
schedule would be increased to $117.87 a month; the finance charge would increase by
$50; and there would be a corresponding increase in the APR. This would be the case whether or not state law defines the $50 loan fee as interest. o If the loan above has 55 days to the first payment and the consumer prepays interest at consummation ($24.31 to cover the first 25 days), the amount financed would be $2,500 - $24.31, or $2,475.69. Although the amount financed has been reduced to reflect the consumer’s reduced use of available funds at consummation, the time interval during which the consumer has use of the $2,475.69, 55 days to the first payment, has not changed. Since the first payment period exceeds the limitations of the regulation’s minor irregularities provisions (See 12 CFR 1026.17(c)(4)), it may not be treated as regular. In calculating the APR, the first payment period must not be reduced by 25 days (i.e., the first payment period may not be treated as one month). Financial institutions may, if permitted by state or other law, precompute interest by applying a rate against a loan balance using a simple interest, add-on, discount or some other method, and may earn interest using a simple interest accrual system, the Rule of 78s (if permitted by law) or some other method. Unless the financial institution’s internal interest earnings and accrual methods involve a simple interest rate based on a 360-day year that is applied over actual days (even that is important only for determining the accuracy of the payment schedule), it is not relevant in calculating an APR, since an APR is not an interest rate (as that term is commonly used under state or other law). Since the APR normally need not rely on the internal accrual systems of a bank, it always may be computed after the loan terms have been agreed upon (as long as it is disclosed before actual consummation of the transaction). Special Requirements for Calculating the Finance Charge and APR Proper calculation of the finance charge and APR are of primary importance. The regulation requires that the terms “finance charge” and “annual percentage rate” be disclosed more conspicuously than any other required disclosure, subject to limited exceptions. The finance charge and APR, more than any other disclosures, enable consumers to understand the cost of the credit and to comparison shop for credit. A creditor’s failure to disclose those values accurately can result in significant monetary damages to the creditor, either from a class action lawsuit or from a regulatory agency’s order to reimburse consumers for violations of law. If an APR or finance charge is disclosed incorrectly, the error is not, in itself, a violation of the regulation if:

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The error resulted from a corresponding error in a calculation tool used in good faith by the
financial institution.
Upon discovery of the error, the financial institution promptly discontinues use of that
calculation tool for disclosure purposes.
The financial institution notifies the CFPB in writing of the error in the calculation tool (12
CFR 1026.22).
When a financial institution claims a calculation, tool was used in good faith, the financial institution assumes a reasonable degree of responsibility for ensuring that the tool in question provides the accuracy required by the regulation (15 U.S.C. 1640(c)). For example, the financial institution might verify the results obtained using the tool by comparing those results to the figures obtained by using another calculation tool. The financial institution might also verify that the tool, if it is designed to operate under the actuarial method, produces figures similar to those provided by the examples in Appendix J to the regulation. The calculation tool should be checked for accuracy before it is first used and periodically thereafter. Subpart B – Open-End Credit Subpart B relates to open-end credit. It contains rules on account-opening disclosures 12 CFR
1026.6 and periodic statements (12 CFR 1026.7-.8). It also describes special rules that apply to
credit card transactions, treatment of payments 12 CFR 1026.10 and credit balances 12 CFR 1026.11, procedures for resolving credit billing errors 12 CFR 1026.13, annual percentage rate calculations 12 CFR 1026.14, rescission requirements 12 CFR 1026.15 and advertising (12 CFR 1026.16). Time of Disclosures (Periodic Statements) – 12 CFR 1026.5(b) For credit card accounts under an open-end (not home-secured) consumer credit plan, creditors must adopt reasonable procedures designed to ensure that periodic statements are mailed or delivered at least 21 days prior to the payment due date disclosed on the periodic statement and that payments are not treated as late for any purpose if they are received within 21 days after mailing or delivery of the statement. In addition, for all open-end consumer credit accounts with grace periods, creditors must adopt reasonable procedures designed to ensure that periodic statements are mailed or delivered at least 21 days prior to the date on which a grace period (if any) expires and that finance charges are not imposed as a result of the loss of a grace period if a payment is received within 21 days after mailing or delivery of a statement. For purposes of this requirement, a “grace period” is defined as a period within which any credit extended may be repaid without incurring a finance charge due to a periodic interest rate. For non-credit card open-end consumer plans without a grace period, creditors must adopt reasonable policies and procedures designed to ensure that periodic statements are mailed or delivered at least 14 days prior to the date on which the required minimum periodic payment is due. Moreover, the creditor must adopt reasonable policies and procedures to ensure that it does not treat as late, a required

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September 2020 TILA 32 minimum periodic payment received by the creditor within 14 days after it has mailed or delivered the periodic statement. Subsequent Disclosures (Open-End Credit) – 12 CFR 1026.9 For open-end, not home-secured credit, the following applies:
Creditors are required to provide consumers with 45 days’ advance written notice of rate increases and other significant changes to the terms of their credit card account agreements. The list of “significant changes” includes most fees and other terms that a consumer should be aware of before use of the account. Examples of such fees and terms include:

Penalty fees,
Transaction fees,
Fees imposed for the issuance or availability of the open-end plan,
Grace period, and
Balance computation method.
Changes that do not require advance notice include:
Reductions of finance charges;
Termination of account privileges resulting from an agreement involving a court proceeding;
Increase in an APR upon expiration of a specified period of time previously disclosed in
writing;
Increases in variable APRs that change according to an index not under the card issuer’s
control; and
Rate increases due to the completion of, or failure of a consumer to comply with, the terms of
a workout or temporary hardship arrangement, if those terms are disclosed prior to commencement of the arrangement. A creditor may suspend account privileges, terminate an account, or lower the credit limit without notice. However, a creditor that lowers the credit limit may not impose an over-limit fee or penalty rate as a result of exceeding the new credit limit without a 45-day advance notice that the credit limit has been reduced. For significant changes in terms (with the exception of rate changes, increases in the minimum payment, certain changes in the balance computation method, and when the change results from the consumer’s failure to make a required minimum periodic payment within 60 days after the due date), a creditor must also provide consumers the right to reject the change. If the consumer

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September 2020 TILA 33 does reject the change prior to the effective date, the creditor may not apply the change to the account (12 CFR 1026.9(h)(2)(i)). In addition, when a consumer rejects a change or increase, the creditor must not:

Impose a fee or charge, or treat the account as in default solely as a result of the rejection; or
Require repayment of the balance on the account using a method that is less beneficial to the
consumer than one of the following methods: (1) the method of repayment prior to the rejection; (2) an amortization period of not less than five years from the date of rejection; or (3) a minimum periodic payment that includes a percentage of the balance that is not more than twice the percentage included prior to the date of rejection. Finance Charge (Open-End Credit) – 12 CFR 1026.6(a)(1) & 1026.6(b)(3) Each finance charge imposed must be individually itemized. The aggregate total amount of the finance charge need not be disclosed. Determining the Balance and Computing the Finance Charge There are three common methods to determine the balance to which the periodic rate is applied:
the previous balance method, the daily balance method, and the average daily balance method, which are described as follows:
Previous balance method. The balance on which the periodic finance charge is computed is
based on the balance outstanding at the start of the billing cycle. The periodic rate is multiplied by this balance to compute the finance charge.
Daily balance method. A daily periodic rate is applied to either the balance on each day in
the cycle or the sum of the balances on each of the days in the cycle. If a daily periodic rate is multiplied by the balance on each day in the billing cycle, the finance charge is the sum of the products. If the daily periodic rate is multiplied by the sum of all the daily balances, the result is the finance charge.
Average daily balance method. The average daily balance is the sum of the daily balances
(either including or excluding current transactions) divided by the number of days in the billing cycle. A periodic rate is then multiplied by the average daily balance to determine the finance charge. If the periodic rate is a daily one, the product of the rate multiplied by the average balance is multiplied by the number of days in the cycle. In addition to those common methods, financial institutions have other ways of calculating the balance to which the periodic rate is applied. By reading the financial institution’s explanation, the examiner should be able to calculate the balance to which the periodic rate was applied. In some cases, the examiner may need to obtain additional information from the financial institution to verify the explanation disclosed. If the examiner is unable to understand the disclosed

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September 2020 TILA 34 explanation, he or she should discuss the explanation with management, and should remind management of Regulation Z’s requirement that disclosures be clear and conspicuous. When a balance is determined without first deducting all credits and payments made during the billing cycle, that fact and the amount of the credits and payments must be disclosed. If the financial institution uses the daily balance method and applies a single daily periodic rate, disclosure of the balance to which the rate was applied may be stated as any of the following:

A balance for each day in the billing cycle. The daily periodic rate is multiplied by the
balance on each day and the sum of the products is the finance charge.
A balance for each day in the billing cycle on which the balance in the account changes.
The finance charge is figured by the same method as discussed previously, but the statement shows the balance only for those days on which the balance changed.
The sum of the daily balances during the billing cycle. The balance on which the finance
charge is computed is the sum of all the daily balances in the billing cycle. The daily periodic rate is multiplied by that balance to determine the finance charge.
The average daily balance during the billing cycle. If this is stated, the financial institution
may, at its option, explain that the average daily balance is or can be multiplied by the number of days in the billing cycle and the periodic rate applied to the product to determine the amount of interest. If the financial institution uses the daily balance method but applies two or more daily periodic rates, the sum of the daily balances may not be used. Acceptable ways of disclosing the balances include:
A balance for each day in the billing cycle;
A balance for each day in the billing cycle on which the balance in the account changes; or
Two or more average daily balances. If the average daily balances are stated, the financial
institution may, at its option, explain that interest is or may be determined by 1) multiplying each of the average daily balances by the number of days in the billing cycle (or if the daily rate varied during the cycle, by multiplying the number of days that the applicable rate was in effect); 2) by multiplying each of the results by the applicable daily periodic rate; and 3) adding these products together. In explaining the method used to find the balance on which the finance charge is computed, the financial institution need not reveal how it allocates payments or credits. That information may be disclosed as additional information, but all required information must be clear and conspicuous. NOTE: 12 CFR 1026.54 prohibits a credit card issuer from calculating finance charges based on balances for days in previous billing cycles as a result of the loss of a grace period (a practice sometimes referred to as “double-cycle billing”).

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Finance Charge Resulting from Two or More Periodic Rates Some financial institutions use more than one periodic rate in computing the finance charge. For example, one rate may apply to balances up to a certain amount and another rate to balances more than that amount. If two or more periodic rates apply, the financial institution must disclose all rates and conditions. The range of balances to which each rate applies also must be disclosed (12 CFR 1026.6(a)(1)). It is not necessary, however, to break the finance charge into separate components based on the different rates. Annual Percentage Rate (Open-End Credit) The disclosed APR on an open-end credit account is accurate if it is within one-eighth of one percentage point of the APR calculated under Regulation Z. Determination of APR – 12 CFR 1026.14 The basic method for determining the APR in open-end credit transactions involves multiplying each periodic rate by the number of periods in a year. This method is used in all types of openend disclosures, including:

The corresponding APR in the initial disclosures,
The corresponding APR on periodic statements,
The APR in early disclosures for credit card accounts,
The APR in early disclosures for home-equity plans,
The APR in advertising, and
The APR in oral disclosures.
The corresponding APR is prospective, and it does not involve any particular finance charge or periodic balance. A second method of calculating the APR is the quotient method. At a creditor’s option, the quotient method may be disclosed on periodic statements for home-equity plans subject to 12 CFR 1026.40 (home-equity lines of credit, or HELOCs).20 The quotient method reflects the annualized equivalent of the rate that was actually applied during a cycle. This rate, also known as the effective APR, will differ from the corresponding APR if the creditor applies minimum, fixed, or transaction charges to the account during the cycle (12 CFR 1026.14(c)). 20 If a creditor does not disclose the effective (or quotient method) APR on a HELOC periodic statement, it must instead disclose the charges (fees and interest) imposed as provided in 12 CFR 1026.7(a).

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Brief Outline for Open-End Credit APR Calculations on Periodic Statements NOTE: Assume monthly billing cycles for each of the calculations below.
I. Basic method for determining the APR in an open-end credit transaction. This is the
corresponding APR (12 CFR 1026.14(b)).
A. Monthly rate x 12 = APR
II. Optional effective APR that may be disclosed on HELOC periodic statements.
A. APR when only periodic rates are imposed (12 CFR 1026.14(c)(1)).
1. Monthly rate x 12 = APR
Or
2. (Total finance charge / sum of the balances) x 12 = APR
B. APR when minimum or fixed charge but not transaction charge imposed (12 CFR 1026.14(c)(2)).
1. (Total finance charge / amount of applicable balance21) x 12 = APR22
C. APR when the finance charge includes a charge related to a specific transaction (such as
a cash advance fee), even if the total finance charge also includes any other minimum, fixed, or other charge not calculated using a periodic rate (12 CFR 1026.14(c)(3)).
1. (Total finance charge / (all balances + other amounts on which a finance charge was
imposed during the billing cycle without duplication23) x 12 = APR24 D. APR when the finance charge imposed during the billing cycle includes a minimum or fixed charge that does not exceed 50 cents for a monthly or longer billing cycle (or pro rata part of 50 cents for a billing cycle shorter than monthly) (12 CFR 1026.14(c)(4)).
1. Monthly rate x 12 = APR
21 For the following formulas, the APR cannot be determined if the applicable balance is zero. (12 CFR 1026.14(c)(2)) 22 Loan fees, points, or similar finance charges that relate to the opening of the account must not be included in the calculation of the APR. 23 The sum of the balances may include the average daily balance, adjusted balance, or previous balance method. When a portion of the finance charge is determined by application of one or more daily periodic rates, the sum of the balances also means the average of daily balances. See Appendix F to Regulation Z. 24 Cannot be less than the highest periodic rate applied, expressed as an APR. Loan fees, points, or similar finance charges that relate to the opening of the account must not be included in the calculation of the APR.

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E. APR calculation when daily periodic rates are applicable if only the periodic rate is imposed or when a minimum or fixed charge but not a transactional charge is imposed (12 CFR 1026.14(d)).

(Total finance charge / average daily balance) x 12 = APR
Or
(Total finance charge / sum of daily balances) x 365 = APR
Change in Terms Notices for Home-Equity Plans Subject to 12 CFR 1026.40 – 12 CFR 1026.9(c) Servicers are required to provide consumers with 15 days’ advance written notice of a change to any term required to be disclosed under 12 CFR 1026.6(a) or where the required minimum periodic payment is increased. Notice is not required when the change involves a reduction of any component of a finance charge or other charge or when the change results from an agreement involving a court proceeding. If the creditor prohibits additional extensions of credit or reduces the credit limit in certain circumstances (if permitted by contract), a written notice must be provided no later than three business days after the action is taken and must include the specific reasons for the action. If the creditor requires the consumer to request reinstatement of credit privileges, the notice also must state that fact. Payments – 12 CFR 1026.10 (Open-End Credit) Creditors are required to credit a payment to the consumer’s account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge. If a creditor fails to credit a payment, as required by 12 CFR 1026.10(a) or (b), in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer’s account so that the charges imposed are credited to the consumer’s account during the next billing cycle. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer’s account during the 60-day period following the date on which such change took effect, the card issuer may not impose any late fee or finance charge for a late payment on the credit card account during the 60-day period following the date on which the change took effect. Timely Settlement of Estates – 12 CFR 1026.11(c) Issuers are required to establish procedures to ensure that any administrator of an estate can resolve the outstanding credit card balance of a deceased account holder in a timely manner. If an administrator requests the amount of the balance:

The issuer is prohibited from imposing additional fees on the account;
The issuer is required to disclose the amount of the balance to the administrator in a timely
manner (safe harbor of 30 days); and

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If the balance is paid in full within 30 days after disclosure of the balance, the issuer must
waive or rebate any trailing or residual interest charges that accrued on the balance following the disclosure. Billing Error Resolution – 12 CFR 1026.13 (Open-End Credit) A billing error notice is a written notice from a consumer that:
Is received by a creditor at the address disclosed under 12 CFR 1026.7(a)(9) or (b)(9), as
applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error;
Enables the creditor to identify the consumer’s name and account number; and
To the extent possible, indicates the consumer’s belief and the reasons for the belief that a
billing error exists, and the type, date, and amount of the error.
The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of 12 CFR 1026.13(e) and (f), as applicable, within the 30-day period. Furthermore, the creditor credit must comply with the appropriate resolution procedures provided by 12 CFR 1026.13(e) and (f), as applicable, within two complete billing cycles (but in no event later than 90 days) after receiving a billing error notice. Until a billing error is resolved, the following rules apply:
The consumer need not pay (and the creditor may not try to collect) any portion of any
required payment that the consumer believes is related to the disputed amount (including related finance or other charges).
The creditor or its agent is also prohibited from making or threatening to make an adverse
report to any person about the consumer’s credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.
A creditor shall not accelerate any part of the consumer’s indebtedness or restrict or close a
consumer’s account solely because the consumer has exercised in good faith rights provided by this section. A creditor is not prohibited, however, from taking action to collect any undisputed portion of the item or bill; from deducting any disputed amount and related finance or other charges from the consumer’s credit limit on the account; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor’s compliance with this section.

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If a creditor determines that a billing error occurred as asserted, it must within the applicable time limits:

Correct the billing error and credit the consumer’s account with any disputed amount and
related finance or other charges, as applicable; and
Mail or deliver notification of the correction to the consumer.
If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor must within the applicable time limits:
Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor’s
belief that the billing error alleged by the consumer is incorrect in whole or in part;
Furnish copies of documentary evidence of the consumer’s indebtedness, if the consumer so
requests; and
If a different billing error occurred, correct the billing error, and credit the consumer’s
account with any disputed amount and related finance or other charges, as applicable. If a creditor determines that a consumer owes all or part of the disputed amount and related finance or other charges, determine whether the credit complied with the requirements provided in 12 CFR 1026.13(g). A creditor that has fully complied with the requirements of 12 CFR 1026.13 has no further responsibilities under this section (other than as provided in 12 CFR 1026.13(g)(4)) if a consumer reasserts substantially the same billing error. NOTE: Special credit card provisions provide additional protections for consumers, including provisions relating to unauthorized use (12 CFR 1026.12). Minimum Payments – 12 CFR 1026.7(b)(12) For credit card accounts under an open-end credit plan, card issuers generally must disclose on periodic statements an estimate of the amount of time and the total cost (principal and interest) involved in paying the balance in full by making only the minimum payments, an estimate of the monthly payment amount required to pay off the balance in 36 months and the total cost (principal and interest) of repaying the balance in 36 months. Card issuers also must disclose a minimum payment warning and an estimate of the total interest that a consumer would save if that consumer repaid the balance in 36 months, instead of making minimum payments. Advertising for Open-End Plans – 12 CFR 1026.16 The regulation requires that loan product advertisements provide accurate and balanced information, in a clear and conspicuous manner, about rates, monthly payments, and other loan

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September 2020 TILA 40 features. The advertising rules ban several deceptive or misleading advertising practices, including representations that a rate or payment is “fixed” when in fact it can change. If an advertisement for credit states specific credit terms, it must state only those terms that actually are or will be arranged or offered by the creditor. If any finance charges or other charges are set forth in an advertisement, the advertisement must also clearly and conspicuously state the following:

Any minimum, fixed, transaction, activity or similar charge that is a finance charge under 12
CFR 1026.4 that could be imposed;
Any periodic rate that may be applied expressed as an APR as determined under 12 CFR
1026.14(b). If the plan provides for a variable periodic rate, that fact must be disclosed; and
Any membership or participation fee that could be imposed.
If any finance charges or other charge or payment terms are set forth, affirmatively or negatively, in an advertisement for a home-equity plan subject to the requirements of 12 CFR 1026.40, the advertisement also must clearly and conspicuously set forth the following:
Any loan fee that is a percentage of the credit limit under the plan and an estimate of any
other fees imposed for opening the plan, stated as a single dollar amount or a reasonable range;
Any periodic rate used to compute the finance charge, expressed as an APR as determined
under 12 CFR 1026.14(b); and
The maximum APR that may be imposed in a variable-rate plan.
Regulation Z’s open-end home-equity plan advertising rules include a clear and conspicuous standard for home-equity plan advertisements, consistent with the approach taken in the advertising rules for consumer leases under Regulation M. Commentary provisions clarify how the clear and conspicuous standard applies to advertisements of home-equity plans with promotional rates or payments, and to Internet, television, and oral advertisements of homeequity plans. The regulation allows alternative disclosures for television and radio advertisements for home-equity plans. The regulation also requires that advertisements adequately disclose not only promotional plan terms, but also the rates or payments that will apply over the term of the plan. Regulation Z also contains provisions implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which requires disclosure of the tax implications of certain home-equity plans.

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Subpart C – Closed-End Credit
Subpart C relates to closed-end credit. It contains rules on disclosures (12 CFR 1026.17-.20), treatment of credit balances (12 CFR 1026.21), annual percentage rate calculations (12 CFR 1026.22), rescission rights (12 CFR 1026.23), and advertising (12 CFR 1026.24). The TILA-RESPA Integrated Disclosures must be given for most closed-end transactions secured by real property or a cooperative unit, other than a reverse mortgage subject to 12 CFR
1026.33. The TILA-RESPA Integrated Disclosures do not apply to HELOCs, reverse mortgages,
or mortgages secured by a mobile home or by a dwelling that is not attached to real property. Truth in Lending disclosures (TIL disclosures) and the Consumer Handbook on Adjustable Rate Mortgages (CHARM) booklet must still be provided for certain closed-end loan transactions.
I. Disclosures, Generally
A. Timing
Generally, all disclosures provided to consumers must be made clearly and conspicuously in writing, in a form that the consumer may keep (12 CFR 1026.17(a), 1026.37(o), 1026.38(t)). However, the timing of the disclosures may change depending on the transaction (12 CFR 1026.19(a), 1026.19(e)(1)(iii), 1026.19(f)(1)(ii), 1026.19(g)). Disclosures in connection with non-mortgage closed-end loans and specified housing assistance loan programs for low- and moderate-income consumers must be provided before consummation of the transaction (12 CFR 1026.3). For most closed-end transactions secured by real property or a cooperative unit, other than a reverse mortgage subject to 12 CFR 1026.33 (including construction-only loans, loans secured by vacant land or by 25 or more acres, and credit extended to certain trusts for tax or estate planning purposes), disclosures must be provided in accordance with the timing requirements outlined in 12 CFR 1026.19(e), (f) and (g). Generally, a creditor is required to mail or deliver the Loan Estimate within three business days of receipt of the consumer’s loan application and to ensure that the consumer receives the Closing Disclosure no later than three business days before loan consummation (12 CFR 1026.19(e)(iii), 1026.19(f)(1)(ii)). If the loan is a purchase transaction, the special information booklet must also be provided within three business days of receipt of the consumer’s application (12 CFR 1026.19(g)). The specifics of these disclosure timing requirements are further discussed below, including a discussion about revised disclosures. Mortgage loans not subject to 12 CFR 1026.19(e) and (f) (e.g., reverse mortgages, and chatteldwelling loans) have different disclosure requirements. For reverse mortgages, disclosures must be delivered or mailed to the consumer no later than the third business day after a creditor receives the consumer’s written application (12 CFR 1026.19(a)). For chattel-dwelling mortgage loans, disclosures must be provided to the consumer prior to consummation of the loan (12 CFR 1026.17(b)). Revised disclosures are also required within three business days of consummation if certain mortgage loan terms change (12 CFR 1026.19(a)(2)). For loans like reverse mortgages,

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September 2020 TILA 42 the consumer will receive the Good Faith Estimate (GFE), HUD-1 Settlement Statement (HUD1), and TIL disclosures as required under the applicable sections of both TILA and RESPA. Consumers receive TIL disclosures for chattel-dwelling loans that are not secured by land, but the GFE and the HUD-1 are not required. Finally, certain variable-rate transactions secured by a dwelling have additional disclosure obligations with specific timing requirements both prior to and after consummation (see 12 CFR 1026.20(c) and (d) below). B. Basis for Disclosures

Generally
Disclosures provided for closed-end transactions must reflect the credit terms to which the parties will be legally bound as of the outset of the credit transaction. If information required for the disclosures is unknown, the creditor may provide the consumer with an estimate, using the best information reasonably available. The disclosure must be clearly marked as an estimate. Variable and Adjustable Rate If the terms of the legal obligation allow the financial institution, after consummation of the transaction, to increase the APR, the financial institution must furnish the consumer with certain information on variable rates. Variable-rate disclosures are not applicable to rate increases resulting from delinquency, default, assumption, acceleration, or transfer of the collateral. Some of the more important transaction-specific variable-rate disclosure requirements follow.

Disclosures for variable-rate loans must be given for the full term of the transaction and must
be based on the terms in effect at the time of consummation.
If the variable-rate transaction includes either a seller buy-down that is reflected in a contract
or a consumer buy-down, the disclosed APR should be a composite rate based on the lower rate for the buy-down period and the rate that is the basis for the variable-rate feature for the remainder of the term.
If the initial rate is not determined by the index or formula used to make later interest rate
adjustments, as in a discounted variable-rate transaction, the disclosed APR must reflect a composite rate based on the initial rate for as long as it is applied and, for the remainder of the term, the rate that would have been applied using the index or formula at the time of consummation (i.e., the fully indexed rate). o If a loan contains a rate or payment cap that would prevent the initial rate or payment, at the time of the adjustment, from changing to the fully indexed rate, the effect of that rate or payment cap needs to be reflected in the disclosures. o The index at consummation need not be used if the contract provides a delay in the implementation of changes in an index value (e.g., the contract indicates that future rate changes are based on the index value in effect for some specified period, such as 45 days before the change date). Instead, the financial institution may use any rate from the date

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If the initial interest rate is set according to the index or formula used for later adjustments
but is set at a value as of a date before consummation, disclosures should be based on the initial interest rate, even though the index may have changed by the consummation date.
II. Finance Charge, Amount Financed and APRs
A. Finance Charge – 12 CFR 1026.18(d), 1026.38(o)(2) The total amount of the finance charge must be disclosed for all loans. In a transaction secured by real property or a dwelling, the disclosed finance charge and other disclosures affected by the disclosed finance charge (including the amount financed and the annual percentage rate) must be treated as accurate if the amount disclosed as the finance charge (1) is understated by no more than $100 or (2) is greater than the amount required to be disclosed. B. Amount Financed – 12 CFR 1026.18(b), 1026.18(c), 1026.38(o)(3)

Definition
The amount financed is the net amount of credit extended for the consumer’s use. It should not be assumed that the amount financed under the regulation is equivalent to the note amount, proceeds, or principal amount of the loan. The amount financed normally equals the total of payments less the finance charge. To calculate the amount financed, all amounts and charges connected with the transaction, either paid separately or included in the note amount, must first be identified. Any prepaid, precomputed, or other finance charge must then be determined. The amount financed must not include any finance charges. If finance charges have been included in the obligation (either prepaid or precomputed), they must be subtracted from the face amount of the obligation when determining the amount financed. The resulting value must be reduced further by an amount equal to any prepaid finance charge paid separately. The final resulting value is the amount financed. When calculating the amount financed, finance charges (whether in the note amount or paid separately) should not be subtracted more than once from the total amount of an obligation. Charges not in the note amount and not included in the finance charge (e.g., an appraisal fee paid separately in cash on a real estate loan) are not required to be disclosed under Regulation Z and must not be included in the amount financed. An itemization of the amount financed is required (except as provided in 12 CFR 1026.18(c)(2) or (c)(3)), unless the loan is subject to 12 CFR 1026.19(e) and (f) (i.e., most closed-end mortgage loans).

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2. Calculating the Amount Financed
A consumer signs a note secured by real property in the amount of $5,435. The note amount includes $5,000 in proceeds disbursed to the consumer, $400 in precomputed interest, $25 paid to a credit reporting agency for a credit report, and a $10 service charge. Additionally, the consumer pays a $50 loan fee separately in cash at consummation. The consumer has no other debt with the financial institution. The amount financed is $4,975. The amount financed may be calculated by first subtracting all finance charges included in the note amount ($5,435 - $400 - $10 = $5,025). The $25 credit report fee is not a finance charge because the loan is secured by real property. The $5,025 is further reduced by the amount of prepaid finance charges paid separately, for an amount financed of $5,025 - $50 = $4,975. The answer is the same whether finance charges included in the obligation are considered prepaid or precomputed finance charges. The financial institution may treat the $10 service charge as an addition to the loan amount and not as a prepaid finance charge. If it does, the loan principal would be $5,000. The $5,000 loan principal does not include either the $400 or the $10 precomputed finance charge in the note. The loan principal is increased by other amounts that are financed that are not part of the finance charge (the $25 credit report fee) and reduced by any prepaid finance charges (the $50 loan fee, not the $10 service charge) to arrive at the amount financed of $5,000 + $25 - $50 = $4,975. Conversely, the financial institution may treat the $10 service charge as a prepaid finance charge. If it does, the loan principal would be $5,010. The $5,010 loan principal does not include the $400 precomputed finance charge. The loan principal is increased by other amounts that are financed that are not part of the finance charge (the $25 credit report fee) and reduced by any prepaid finance charges (the $50 loan fee and the $10 service charge withheld from loan proceeds) to arrive at the same amount financed of $5,010 + $25 - $50 - $10 = $4,975.
C. Payment Schedule – 12 CFR 1026.18(g)
For transactions that are not subject to 12 CFR 1026.19(e) and (f), the disclosed payment
schedule must reflect all components of the finance charge. It includes all payments scheduled to
repay loan principal, interest on the loan, and any other finance charge payable by the consumer after consummation of the transaction. However, any finance charge paid separately before or at consummation (e.g., odd days’ interest) is not part of the payment schedule. It is a prepaid finance charge that must be reflected as a reduction in the value of the amount financed. At the creditor’s option, the payment schedule may include amounts beyond the amount financed and finance charge (e.g., certain insurance premiums or real estate escrow amounts such as taxes added to payments). However, when calculating the APR, the creditor must disregard such amounts. If the obligation is a renewable balloon payment instrument that unconditionally obligates the financial institution to renew the short-term loan at the consumer’s option or to renew the loan subject to conditions within the consumer’s control, the payment schedule must be disclosed

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September 2020 TILA 45 using the longer term of the renewal period or periods. The long-term loan must be disclosed with a variable-rate feature. If there are no renewal conditions or if the financial institution guarantees to renew the obligation in a refinancing, the payment schedule must be disclosed using the shorter balloon payment term. The short-term loan must be disclosed as a fixed-rate loan, unless it contains a variable-rate feature during the initial loan term. D. Annual Percentage Rate (Closed-End Credit) – 12 CFR 1026.22

Calculating the Annual Percentage Rate – 12 CFR 1026.22
The APR must be determined under one of the following:

The actuarial method, which is defined by Regulation Z and explained in Appendix J to the
regulation.
The U.S. Rule, which is permitted by Regulation Z and briefly explained in Appendix J to
the regulation. The U.S. Rule is an accrual method that seems to have first surfaced officially in an early 19th-century U.S. Supreme Court case, Story v. Livingston, 38 U.S. 359 (1839). Whichever method is used by the financial institution, the rate calculated will be accurate if it is able to “amortize” the amount financed while it generates the finance charge under the accrual method selected. Financial institutions also may rely on minor irregularities and accuracy tolerances in the regulation, both of which effectively permit somewhat imprecise, but still legal, APRs to be disclosed.

Accuracy Tolerances
The disclosed APR on a closed-end transaction is accurate for:

Regular transactions (which include any single advance transaction with equal payments and
equal payment periods, or an irregular first payment period and/or a first or last irregular payment), if the disclosed APR is within one-eighth of one percentage point of the APR calculated under Regulation Z (12 CFR 1026.22(a)(2));
Irregular transactions (which include multiple advance transactions and other transactions not
considered regular), if the disclosed APR is within one-quarter of one percentage point of the APR calculated under Regulation Z (12 CFR 1026.22(a)(3));
Mortgage transactions, if the disclosed APR is within one-eighth of one percentage point for
regular transactions or one-quarter of one percentage point for irregular transactions or if:
i. The rate results from the disclosed finance charge, and:
(A) The disclosed finance charge is considered accurate under 12 CFR 1026.18(d)(1) or 1026.38(o)(2), as applicable; or

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(B) The disclosed finance charge is calculated incorrectly but is considered accurate for purposes of rescission, under 12 CFR 1026.23(g) or (h), whichever applies (12 CFR 1026.22(a)(4)).
ii. The disclosed finance charge is calculated incorrectly but is considered accurate under
12 CFR 1026.18(d)(1) or 1026.38(o)(2), as applicable, or 12 CFR 1026.23 (g) or (h), and either:
(A) The finance charge is understated, and the disclosed APR is also understated but is closer to the actual APR than the APR that would be considered accurate under 12 CFR 1026.22(a)(4); or (B) The disclosed finance charge is overstated, and the disclosed APR is also overstated but is closer to the actual APR than the APR that would be considered accurate under (12 CFR 1026.22(a)(4)). For example, in an irregular transaction subject to a tolerance of one-fourth of one percentage point, if the actual APR is 9.00 percent and a $75 omission from the finance charge corresponds to a rate of 8.50 percent that is considered accurate under 12 CFR 1026.22(a)(4), a disclosed APR of 8.65 percent is considered accurate under (12 CFR 1026.22(a)(5)). However, a disclosed APR below 8.50 percent or above 9.25 percent would not be considered accurate.
3. Construction-Only and Construction-Permanent Loans – 12 CFR
1026.17(c) ((6), 12 CFR 1026.37 & .38, and Appendix D Due to the structure of construction-permanent and certain other multiple-advance loans, Regulation Z includes certain optional provisions to help a creditor estimate the components of the APR and finance charge computations for these loans. In many instances, the amount and dates of advances are not predictable with certainty since they depend on the progress of the work. Regulation Z provides that the APR and finance charge for such loans may be estimated for disclosure based on the best information reasonably available at the time of disclosure (12 CFR 1026.17(c)(2)(i)). Further, a creditor has optionality as to whether it discloses the advances separate or together as one transaction in certain circumstances. First, a series of advances under an agreement to extend credit up to a certain amount may be considered as one transaction or disclosed as separate transactions (12 CFR 1026.17(c)(6)(i)). Second, when a multiple-advance loan to finance the construction of a dwelling may be permanently financed by the same creditor, the construction phase and the permanent phase may be treated as either one transaction or more than one transaction (12 CFR 1026.17(c)(6)(ii)). Because construction loans or constructionpermanent loans may be disclosed as one transaction, or as multiple transactions, computations can be impacted by this decision. If the actual schedule of advances is not known, the methods set forth in Appendix D may be used to estimate the interest portion of the finance charge and the annual percentage rate and to make disclosures (12 CFR Part 1026 App. D).

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At its option, the financial institution may rely on the representations of other parties to acquire necessary information (for example, it might look to the consumer for the dates of advances). In addition, if either the amounts or dates of advances are unknown (even if some of them are known), the financial institution may, at its option, use Appendix D to the regulation (and its associated commentary) to make calculations and disclosures. The finance charge and payment
schedule obtained through Appendix D may be used with volume one of the Bureau’s APR
tables or with any other appropriate computation tool to determine the APR. If the financial institution elects not to use Appendix D, or if Appendix D cannot be applied to a loan (e.g.,
Appendix D does not apply to a combined construction-permanent loan if the payments for the
permanent loan begin during the construction period), the financial institution must make its estimates under 12 CFR 1026.17(c)(2) and calculate the APR using multiple-advance formulas. Interest Reserves In a multiple-advance construction loan, a creditor may establish an “interest reserve” to ensure that interest is paid as it accrues by designating a portion of the loan amount for that interest payment purpose. If the creditor requires interest reserves for construction loans, Appendix D provides further guidance. Among other things, the amount of interest reserves included in the commitment amount is not treated as a prepaid finance charge, whether the interest reserve is the same as or different from the estimated interest figure calculated under Appendix D (Comment App. D-5). If a creditor permits a consumer to make interest payments as they become due, the interest reserve should be disregarded in the disclosures and calculations under Appendix D (Comment App. D-5.i). If a creditor requires the establishment of an interest reserve and automatically deducts interest payments from the reserve amount rather than allow the consumer to make interest payments as they become due, the fact that interest will accrue on those interest payments as well as the other loan proceeds must be reflected in the calculations and disclosures. To reflect the effects of such compounding, the creditor should use the formula in Appendix D (Comment App. D-5.ii). Fees and Charges In the case of a construction-permanent loan that a creditor chooses to disclose as multiple transactions, the creditor must allocate to the construction transaction finance charges and points and fees that would not be imposed but for the construction financing. Those amounts must be in disclosures for the construction phase and may not be included in the disclosures for the permanent phase. If a creditor charges separate amounts for the finance charges and points and fees for the construction phase and the permanent phase, such amounts must be allocated to the phase for which they are charged. If a creditor charges an origination fee for construction financing only but charges a greater origination fee for construction-permanent financing, the difference between the two fees must be allocated to the permanent phase. All other finance charges and points and fees must be allocated to permanent financing. Fees and charges that are not used to compute the finance charge or points and fees may be allocated between the transactions in any manner the creditor chooses (Comment 17(c)(6)-5).

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4. 360-Day and 365-Day Years – 12 CFR 1026.17(c)(3)
Confusion often arises over whether to use the 360-day or 365-day year in computing interest, particularly when the finance charge is computed by applying a daily rate to an unpaid balance. Many single-payment loans or loans payable on demand are in this category. There are also loans in this category that call for periodic installment payments. Regulation Z does not require the use of one method of interest computation in preference to another (although state law may). It does, however, permit financial institutions to disregard the fact that months have different numbers of days when calculating and making disclosures. This means financial institutions may base their disclosures on calculation tools that assume all months have an equal number of days, even if their practice is to take account of the variations in months to collect interest. For example, a financial institution may calculate disclosures using a financial calculator based on a 360-day year with 30-day months, when, in fact, it collects interest by applying a factor of 1/365 of the annual interest rate to actual days. Disclosure violations may occur, however, when a financial institution applies a daily interest factor based on a 360-day year to the actual number of days between payments. In those situations, the financial institution must disclose the higher values of the finance charge, the APR, and the payment schedule resulting from this practice. For example, a 12 percent simple interest rate divided by 360 days results in a daily rate of .033333 percent. If no charges are imposed except interest, and the amount financed is the same as the loan amount, applying the daily rate on a daily basis for a 365-day year on a $10,000 oneyear, single-payment, unsecured loan results in an APR of 12.17 percent (0.033333 percent x 365 = 12.17 percent), and a finance charge of $1,216.67. There would be a violation if the APR were disclosed as 12 percent or if the finance charge were disclosed as $1,200 (12 percent x $10,000). However, if there are no other charges except interest, the application of a 360-day year daily rate over 365 days on a regular loan would not result in an APR in excess of the one-eighth of one percentage point APR tolerance unless the nominal interest rate is greater than 9 percent. For irregular loans, with one-quarter of one percentage point APR tolerance, the nominal interest rate would have to be greater than 18 percent to exceed the tolerance. NOTE: Notwithstanding the APR tolerance, a creditor’s disclosures must reflect the terms of the legal obligation between the parties (12 CFR 1026.17(c)(1)), and the APR must be determined in accordance with either the actuarial method or the U.S. Rule method (12 CFR 1026.22(a)(1)). A creditor may not ignore, for disclosure purposes, the effects of applying a 360-day year daily rate over 365 days (Comment 17(c)(3)-1.ii). E. Required Deposit – 12 CFR 1026.18(r) A required deposit, with certain exceptions, is one that the
financial institution requires the consumer to maintain as a condition of the specific credit transaction. It can include a compensating balance or a deposit balance that secures the loan. The effect of a required deposit is not reflected in the APR. Also, a required deposit is not a finance charge since it is eventually

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III. Transactions with TILA-RESPA Integrated Disclosures
– Generally
On December 31, 2013, the CFPB published a final rule implementing Sections 1098(2) and 1100A(5) of the Dodd-Frank Act, which directed the CFPB to publish a single, integrated disclosure for mortgage loan transactions, which includes mortgage loan disclosure requirements under TILA and Sections 4 and 5 of RESPA. The amendments in the final rule, referred to as the TILA-RESPA Integrated Disclosure Rule, or TRID, are applicable to covered closed-end mortgage loans for which a creditor or mortgage broker received an application on or after October 3, 2015. As a result, Regulation Z now houses the integrated forms, timing, and related disclosure requirements for most closed-end consumer mortgage loans. The integrated disclosures are not used to disclose information about reverse mortgages, HELOCs, chattel-dwelling loans such as loans secured by a mobile home or by a dwelling that is not attached to real property (i.e., land), or other transactions not covered by the TILA-RESPA Integrated Disclosure Rule. The final rule also does not apply to loans made by a creditor who makes five or fewer mortgages in a year. Creditors originating these types of mortgages use, as applicable, the GFE, HUD-1, and TIL disclosures. Most closed-end mortgage loans are exempt from the requirement to provide the GFE, HUD-1, and servicing disclosure requirements of (12 CFR 1024.6, 1024.7, 1024.8, 1024.10, and 1024.33(a)). Instead, these loans are subject to disclosure, timing, and other requirements under TILA and Regulation Z. Specifically, the provisions mentioned in the first sentence of this paragraph do not apply to the following federally related mortgage loans:

Loans subject to the TILA-RESPA Integrated Disclosure requirements for certain closed-end
consumer credit transactions secured by real property or a cooperative unit set forth in 12 CFR 1026.19(e), (f), and (g); or
Certain no-interest loans secured by subordinate liens made for the purpose of down payment
or similar home buyer assistance, property rehabilitation assistance, energy efficiency assistance, or foreclosure avoidance or prevention (12 CFR 1026.3(h)). NOTE: A creditor may not use the TILA-RESPA Integrated Disclosure forms instead of the GFE, HUD-1, and TIL forms for transactions that continue to be covered by TILA or RESPA that require those disclosures (e.g., reverse mortgages).

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Summary of Applicable Disclosure Requirements:
Use TILA-RESPA Integrated
Disclosures (see Regulation Z):

Most closed-end mortgage loans,
including:
o Construction-only loans o Loans secured by vacant land or by 25 or more acres Continue to use TIL25 and RESPA disclosures (as applicable):
HELOCs (subject to disclosure
requirements under 12 CFR 1026.40)
Reverse mortgages26 (subject to
existing TIL and GFE disclosures)
Chattel-secured mortgages (i.e.,
mortgages secured by a mobile home or by a dwelling that is not attached to real property, such as land) (subject to existing TIL disclosures, and not RESPA) NOTE: In both cases, there is a partial exemption from these disclosures under 12 CFR 1026.3(h) for loans secured by subordinate liens and associated with certain housing assistance loan programs for low- and moderate-income persons. Creditors making closed-end consumer credit transactions secured by real property or a cooperative unit, other than a reverse mortgage subject to 12 CFR 1026.33, and subject to the provisions of 12 CFR 1026.19(e) and (f), must provide consumers with a Loan Estimate under 12 CFR 1026.37, Closing Disclosure under 12 CFR 1026.38, the special information booklet as required, under 12 CFR 1026.19(g), and, as applicable for ARM transactions, the CHARM booklet. The special information booklet is described in further detail below. A. Early disclosures (Loan Estimate) – 12 CFR 1026.19(e) 12 CFR 1026.19(e) requires the creditor to provide good faith estimates of the Loan Estimate disclosures (see 12 CFR 1026.37 for information on the content, form, and format of the disclosure). The creditor generally must deliver or place in the mail the Loan Estimate no later than three business days after receiving the consumer’s application, and no later than seven business days before consummation (12 CFR 1026.19(e)(1)(i) and (iii)). Generally, the creditor is responsible for ensuring that the Loan Estimate and its delivery meet the rule’s content, delivery, and timing requirements. (See 12 CFR 1026.19(e) and 1026.37.) If a mortgage broker receives a consumer’s application, the mortgage broker may provide the Loan Estimate to the consumer on the creditor’s behalf. If it does so, the mortgage broker must comply with all requirements of 12 CFR 1026.19(e), as well as the three-year record retention 25 See Appendix H-2. 26 An open-end reverse mortgage receives open-end disclosures, not a GFE or HUD-1.

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September 2020 TILA 52 requirements in 12 CFR 1026.25(c) (12 CFR 1026.19(e)(1)(ii)). The creditor is expected to maintain communication with mortgage brokers to ensure that the Loan Estimate and its delivery satisfy the rule’s requirements, and the creditor is legally responsible for any errors or defects (12 CFR 1026.19(e)(1)(ii); Comment 19(e)(1)(ii) -1 and -2). Timing- Loan Estimate-early disclosures. The Loan Estimate must be delivered or placed in the mail to the consumer no later than the third business day after the creditor or mortgage broker receives the consumer’s application for a mortgage loan (12 CFR 1026.19(e)(1)(iii)(A)). If the Loan Estimate is not provided to the consumer in person, the consumer is considered to have received the Loan Estimate three business days after it is delivered or placed in the mail (this applies to electronic delivery as well) (12 CFR 1026.19(e)(1)(iv); Comment 19(e)(1)(iv)-2). Other than for transactions secured by a consumer’s interest in a timeshare plan, the Loan Estimate must be delivered or placed in the mail no later than the seventh business day before consummation (12 CFR 1026.19(e)(1)(iii)(B) and (C)). For purposes of the TILA-RESPA Integrated Disclosures rule, an “application” is defined in 12 CFR 1026.2(a)(3)(ii). For transactions subject to 12 CFR 1026.19(e), (f), or (g), an application consists of the submission of the following six pieces of information:

The consumer’s name,
The consumer’s income,
The consumer’s Social Security number to obtain a credit report,
The property address,
An estimate of the value of the property, and
The mortgage loan amount sought.
This definition of application is similar to the definition under Regulation X (12 CFR 1024.2(b)), except that it does not include the seventh “catch-all” element of that definition, that is, “any other information deemed necessary by the loan originator.” An application may be submitted in written or electronic format and includes a written record of an oral application (Comment 2(a)(3)-1). This definition of application does not prevent a creditor from collecting whatever additional information it deems necessary in connection with the request for the extension of credit. However, once a consumer has submitted27 the six pieces of information discussed above to the creditor for purposes of obtaining an extension of credit, the creditor has an application for 27 When a consumer uses an online application system that allows the information to be saved, the application must be submitted before the Loan Estimate timing requirements are triggered.

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September 2020 TILA 53 purposes of the requirement for delivery of the Loan Estimate to the consumer and must abide by the three business day timing requirement (Comment 2(a)(3)-1). If the creditor determines, within the three business-day period, that the consumer’s application will not or cannot be approved on the terms requested by the consumer, or if the consumer withdraws the application within that period, the creditor does not have to provide the Loan Estimate. However, if the creditor does not provide the Loan Estimate, it will not have complied with the Loan Estimate requirements if it later consummates the transaction on the terms originally applied for by the consumer. If a consumer amends an application and a creditor determines the amended application may proceed, then the creditor is required to comply with the Loan Estimate requirements, including delivering or mailing a Loan Estimate within three business days of receiving the amended or resubmitted application (Comment 19(e)(1)(iii)-3). A “business day” for purposes of providing the Loan Estimate is a day on which the creditor’s offices are open to the public for carrying out substantially all of its business functions (Comment 19(e)(1)(iii)-1, 12 CFR 1026.2(a)(6)). NOTE: The term “business day” is defined differently for other purposes, including counting days to ensure the consumer receives the Closing Disclosure on time (12 CFR 1026.2(a)(6), 1026.19(e)(1)(iii)(B) and (e)(1)(iv), and 1026.19(f)(1)(ii)(A) and (f)(1)(iii)). For these other purposes, business day means all calendar days except Sundays and the legal public holidays specified in 5 U.S.C. 6103(a) (12 CFR 1026.2(a)(6); Comment 2(a)(6)-2; Comments 19(e)(1)(iii)-1 and 19(f)(1)(ii)-1). Creditors are required to act in good faith and exercise due diligence in obtaining information necessary to complete the Loan Estimate (Comment 17(c)(2)(i)-1). Normally, creditors may rely on the representations of other parties in obtaining information (12 CFR 1026.17(c)(2)(i)). NOTE: There may be some information that is not reasonably available to the creditor at the time the Loan Estimate is made. In these instances, except as otherwise provided in 12 CFR 1026.19, 1026.37, and 1026.38, the creditor may use estimates even though it knows that more precise information will be available by the point of consummation. However, new disclosures may be required under 12 CFR 1026.17(f) or 1026.19 (Comment 17(c)(2)(i)-1). When estimated figures are used, they must be designated as such on the Loan Estimate (Comment 17(c)(2)(i)-2)). The consumer may modify or waive the seven business-day waiting period after receiving the Loan Estimate if the consumer determines that the mortgage loan is needed to meet a bona fide personal financial emergency that necessitates consummating the credit transaction before the end of the waiting period (12 CFR 1026.19(e)(1)(v)). Whether a consumer has a bona fide personal financial emergency is determined by the
facts surrounding the consumer’s individual situation. One example is the imminent sale of the consumer’s home at foreclosure, where the foreclosure sale will proceed unless loan proceeds are made available to the consumer during the waiting period (12 CFR 1026.19(e)(1)(v); Comment 19(e)(1)(v)-1)). To modify or waive the waiting period, the consumer must give the creditor a dated written statement that describes the emergency, specifically modifies or waives the waiting period, and is signed by all consumers

Interagency Consumer
Laws and Regulations TILA
September 2020 TILA 54 primarily liable on the legal obligation (12 CFR 1026.19(e)(1)(v)). The creditor may not provide the consumer with a pre-printed waiver form (12 CFR 1026.19(e)(1)(v)). Good faith requirement and tolerances. Creditors are responsible for ensuring that the figures stated in the Loan Estimate are made in good faith and consistent with the best information reasonably available to the creditor at the time they are disclosed (12 CFR 1026.19(e)(3); Comment 19(e)(3)(iii)-1 through -3)). Whether or not a Loan Estimate was made in good faith is determined by calculating the difference between the estimated charges originally provided in the Loan Estimate and the actual charges paid by or imposed on the consumer in the Closing Disclosure (12 CFR 1026.19(e)(3)(i) and (ii)). Generally, if the charge paid by or imposed on the consumer exceeds the amount originally disclosed on the Loan Estimate, it is not in good faith (12 CFR 1026.19(e)(3)(i)). As long as the creditor’s estimate is consistent with the best information reasonably available, and the creditor charges the consumer less than the amount disclosed on the Loan Estimate, the Loan Estimate is considered to be in good faith (12 CFR 1026.19(e)(3)(i)). The general rule is that the estimated closing cost is in good faith if the charge does not exceed the amount disclosed in the Loan Estimate. Unless there is an exception, depending on the specific circumstances, the creditor may not charge more than the amounts disclosed on the Loan Estimate (12 CFR 1026.19(e)(3)(i)). For certain charges, there are different tolerances when charges exceed the amounts disclosed. Zero tolerance. For charges other than those that are specifically excepted, as noted below, creditors may not charge consumers more than the amount disclosed on the Loan Estimate, other than for changed circumstances that permit a revised Loan Estimate (12 CFR 1026.19(e)(3)(i) and (iv)). The zero tolerance charges include but are not limited to the following:

Fees for required services paid to the creditor, mortgage broker, or an affiliate of either (12
CFR 1026.19(e)(3)(i), Comment 19(e)(3)(i)-1(i)-(iii));
Fees paid to an unaffiliated third party if the creditor did not permit the consumer to shop for
a third-party service provider for a settlement service or transfer taxes (12 CFR 1026.19(e)(3)(i)), Comment 19(e)(3)(i)-1.iv-v)). 10 percent cumulative tolerance. Charges for third-party services and recording fees paid by or imposed on the consumer are grouped together and are subject to a 10 percent cumulative tolerance. This means the creditor may charge the consumer more than the amount disclosed on the Loan Estimate for any of these charges so long as the total sum of the charges does not exceed the sum of all such charges disclosed on the Loan Estimate by more than 10 percent (12 CFR 1026.19(e)(3)(ii)(A)). These charges are:
Recording fees (Comments 19(e)(3)(ii)-1.ii and -4);
Charges for required third-party services if:
o The charge is not paid to the creditor or the creditor’s affiliate (12 CFR 1026.19(e)(3)(ii)(B)); and

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September 2020 TILA 55 o The consumer is permitted by the creditor to shop for the third-party service (12 CFR 1026.19(e)(3)(ii)(C); 12 CFR 1026.19(e)(1)(vi); Comment 19(e)(1)(vi)-1 through -7). NOTE: If a creditor has failed to issue the written list of providers or failed to disclose a specific settlement service on the written list, the creditor may still be determined, based on all the relevant facts and circumstances, to have permitted a consumer to shop for purposes of determining good faith (Comment 19(e)(3)(iii)-2). Variances permitted without tolerance limits. Creditors may charge consumers more than the amount disclosed on the Loan Estimate without any tolerance limitation for certain costs or terms, but only if the original estimated charge, or lack of an estimated charge for a particular service, was based on the best information reasonably available to the creditor at the time the disclosure was provided. These charges may be paid to the creditor or the creditor’s affiliates as long as the charges are bona fide (12 CFR 1026.19(e)(3)(iii)). These charges are:

Prepaid interest; property insurance premiums; amounts placed into an escrow, impound,
reserve, or similar account (12 CFR 1026.19(e)(3)(iii)(A)-(C)).
Charges paid to third-party service providers for services required by the creditor if the
creditor permits the consumer to shop and the consumer selects a third-party service provider not on the creditor’s written list of service providers (12 CFR 1026.19(e)(3)(iii)(D); Comment 19(e)(3)(iii)-2).
Property taxes and other charges paid to third-party service providers for services not
required by the creditor (12 CFR 1026.19(e)(3)(iii)(E)).
List of services for which a consumer may shop. In addition to the Loan Estimate, if the consumer is permitted to shop for a settlement service, the creditor, no later than three business days after receiving the application, must provide the consumer with a written list of settlement services for which the consumer can shop. This list must:
Identify at least one available settlement service provider for each service; and
State that the consumer may choose a different provider of that service (12 CFR
1026.19(e)(1)(vi)(C)).
28
NOTE: The use of Model Form H-27 in Appendix H is not required. However, creditors who use that form properly are deemed to be in compliance with 12 CFR 1026.19(e)(1)(vi)(C) (Comment 19(e)(1)(vi)-3). Regardless of whether a creditor provides a revised written list of providers, determining whether the charges for required services were disclosed in good faith will depend on whether the creditor permitted the consumer to shop for those services, 28 The Preamble to the 2017 Amendments explained that creditors may issue a revised written list of providers when a settlement service is added as a result of a reason provided for under 12 CFR 1026.19(e)(3)((iv). (See Preamble, 82 FR 37,677 (Aug. 11, 2017))

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Laws and Regulations TILA
September 2020 TILA 56 and is based on all relevant facts and circumstances (Comments 19(e)(1)(vi)-1 and 19(e)(3)(ii)-6). Refunds within 60 days of consummation. If the amounts paid by the consumer at closing exceed the amounts disclosed on the Loan Estimate beyond the applicable tolerance threshold, the creditor must refund the excess to the consumer no later than 60 calendar days after consummation (12 CFR 1026.19(f)(2)(v)).

For charges subject to zero tolerance, any amount charged beyond the amount disclosed on
the Loan Estimate must be refunded to the consumer (12 CFR 1026.19(e)(3)(i)).
For charges subject to a 10 percent cumulative tolerance, to the extent the total sum of the
charges exceeds the sum of all such charges disclosed on the Loan Estimate by more than 10 percent, the difference must be refunded to the consumer (12 CFR 1026.19(e)(3)(ii)). Loan Estimate- revisions and corrections. Creditors are generally bound by the original Loan Estimate and must determine the estimate’s good faith by calculating the difference between the estimated charges originally provided and the actual charges paid by the consumer. Creditors may provide a revised Loan Estimate for informational purposes. Regardless of whether a creditor provides a revised Loan Estimate to reset tolerances or for informational purposes only, any disclosures on the revised Loan Estimate disclosure must be based on the best information reasonably available to the creditor at the time the revised disclosures are provided (Comment 19(e)(3)(iv)-1-2, 4-5). For purposes of determining whether the estimates are in good faith, the creditor may use a revised estimate of a charge instead of the amount originally disclosed if the revision is due to one of the specific circumstances set out in 12 CFR 1026.19(e)(3)(iv)(A) through (F). The specific circumstances “(A)” and “(B)” relate to “changed circumstances”, as described below:
(A): Changed circumstances – increased settlement charges. Changed circumstances that occur after the Loan Estimate is provided to the consumer that cause estimated settlement charges to increase more than is permitted under the TILA-RESPA Integrated Disclosure rule (12 CFR 1026.19(e)(3)(iv)(A)).
A creditor may provide and use a revised Loan Estimate redisclosing a settlement charge and
compare that revised estimate to the amount imposed on the consumer for purposes of determining good faith if changed circumstances cause the estimated charge to increase or, in the case of charges subject to the 10 percent cumulative tolerance under 12 CFR 1026.19(e)(3)(ii), cause the sum of those charges to increase by more than the 10 percent tolerance (12 CFR 1026.19(e)(3)(iv)(A); Comment 19(e)(3)(iv)(A)-1). Examples of changed circumstances affecting settlement costs include (Comment 19(e)(3)(iv)(A)-2):
o A natural disaster that damages the property or otherwise results in additional closing costs; o A creditor’s estimate of title insurance is no longer valid because the title insurer goes out of business; or

Interagency Consumer
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September 2020 TILA 57 o New information not relied on when the Loan Estimate was provided is discovered, such as a neighbor of the seller filing a claim contesting the property boundary. (B): Changed circumstances – consumer eligibility. Changed circumstances that occur after the Loan Estimate is provided to the consumer that affect the consumer’s eligibility for the terms for which the consumer applied or the value of the security for the loan (12 CFR 1026.19(e)(3)(iv)(B)). For both (A) Changed circumstances – increased settlement charges, and (B) Changed circumstances – consumer eligibility:

A creditor also may provide and use a revised Loan Estimate if a changed
circumstance affected the consumer’s creditworthiness or the value of the security for the loan and resulted in the consumer being ineligible for an estimated loan term previously disclosed (12 CFR 1026.19(e)(3)(iv)(B) and Comment 19(e)(3)(iv)(B)-1). This may occur when a changed circumstance causes a change in the consumer’s eligibility for specific loan terms disclosed on the Loan Estimate, which in turn results in increased cost for a settlement service beyond the applicable tolerance threshold (Comment 19(e)(3)(iv)(A)-2). For example:
The creditor relied on the consumer’s representation to the creditor of a $90,000
annual income but underwriting determines that the consumer’s annual income is only $80,000.
There are two co-applicants applying for a mortgage loan and the creditor relied on a
combined income when providing the Loan Estimate, but one applicant subsequently becomes unemployed. NOTE on Changed Circumstances: A changed circumstance permitting a revised Loan Estimate under 12 CFR 1026.19(e)(3)(iv)(A) and (B) is:
An extraordinary event beyond the control of any interested party or other unexpected event
specific to the consumer or transaction (12 CFR 1026.19(e)(3)(iv)(A)(1));
Information specific to the consumer or transaction that the creditor relied upon when
providing the original Loan Estimate and that was inaccurate or changed after the disclosures were provided (12 CFR 1026.19(e)(3)(iv)(A)(2)); or
New information specific to the consumer or transaction that the creditor did not rely on
when providing the original Loan Estimate (12 CFR 1026.19(e)(3)(iv)(A)(3)). (C): Revisions requested by the consumer. The consumer requests revisions to the credit terms or the settlement that cause the estimated charge to increase. For example, a consumer grants a power of attorney authorizing a family member to consummate the transaction on the consumer’s behalf, and the creditor provides revised disclosures reflecting the fee to record the power of attorney (Comment 19(e)(3)(iv)(C)-1).

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(D): Rate locks after initial Loan Estimate. If the interest rate for the loan was not locked when the Loan Estimate was provided and, upon being locked at some later time, points or lender credits for the mortgage loan change, the creditor is required to provide a revised Loan Estimate no later than three business days after the interest rate is locked and may use the revised Loan Estimate to compare to points and lender credits charged. The revised Loan Estimate must reflect the revised interest rate as well as any revisions to the points disclosed on the Loan Estimate pursuant to 12 CFR 1026.37(f)(1), lender credits, and any other interest rate-dependent charges and terms that have changed due to the new interest rate (12 CFR 1026.19(e)(3)(iv)(D); Comment 19(e)(3)(iv)(D)-1). If the interest rate is locked on or after the date on which the creditor provides the Closing Disclosure and the Closing Disclosure is inaccurate as a result, then the creditor must provide the consumer a corrected Closing Disclosure, at or before consummation, reflecting any changed terms (Comment 19(e)(3)(iv)(D)-2). (E): Expiration of Loan Estimate. If the consumer indicates an intent to proceed with the transaction more than 10 business days (or any additional number of days as extended by the creditor orally or in writing) after the Loan Estimate was delivered or placed in the mail to the consumer, a creditor may use a revised Loan Estimate. No justification is required for the change to the original estimate of a charge other than the lapse of 10 business days or the additional number of days as extended by the creditor (12 CFR 1026.19(e)(3)(iv)(E); Comment 19(e)(3)(iv)(E)-1 and -2). (F): Construction loans. Creditors also may use a revised Loan Estimate where the transaction involves financing of new construction and the creditor reasonably expects that settlement will occur more than 60 calendar days after the original Loan Estimate has been provided if the original Loan Estimate clearly and conspicuously stated that at any time prior to 60 days before consummation, the creditor may issue revised disclosures (12 CFR 1026.19(e)(3)(iv)(F)). NOTE: 12 CFR 1026.19(e)(3) does not include technical errors, miscalculations, or underestimations of charges as reasons for which creditors are permitted to provide revised Loan Estimates. Timing- Loan Estimate- revised disclosures. The general rule is that the creditor must deliver or place in the mail the revised Loan Estimate to the consumer no later than three business days after receiving the information sufficient to establish that one of the reasons for the revision has occurred (12 CFR 1026.19(e)(4)(i); Comment 19(e)(4)(i)-1). The creditor may not provide a revised Loan Estimate on or after the date the creditor provides the consumer with the Closing Disclosure (12 CFR 1026.19(e)(4)(ii); Comment 19(e)(4)(ii)-1.ii). Instead, the creditor may use the initial or a corrected Closing Disclosure to reset tolerances for purposes
of determining good faith provided one of the specific circumstances under the rule is present. Any such revised Loan Estimate or Closing Disclosure must be provided to the consumer within three business days of receiving information sufficient to establish a reason for a revised estimate (12 CFR 1026.19(e)(4)(i)). Predisclosure activity. A creditor or other person generally may not impose any fee on a consumer in connection with the consumer’s application for a mortgage transaction until the

Interagency Consumer
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September 2020 TILA 59 consumer has received the Loan Estimate and has indicated intent to proceed with the transaction (12 CFR 1026.19(e)(2)(i)(A)). This restriction includes limits on imposing:

Application fees,
Appraisal fees,
Underwriting fees, and
Other fees imposed on the consumer.
The only exception to this exclusion is for a bona fide and reasonable fee for obtaining a consumer’s credit report (12 CFR 1026.19(e)(2)(i)(B); Comment 19(e)(2)(i)(A)-1 through -5 and Comment 19(e)(2)(i)(B)-1)). Documentation of intent to proceed. To satisfy the record retention requirements of 12 CFR 1026.25, the creditor must document the consumer’s communication of the intent to proceed (12 CFR 1026.19(e)(2)(i)(A)). A consumer indicates intent to proceed with the transaction when the consumer communicates, in any manner, that the consumer chooses to proceed after the Loan Estimate has been delivered, unless a particular manner of communication is required by the creditor (12 CFR 1026.19(e)(2)(i)(A)). This may include:
Oral communication in person immediately upon delivery of the Loan Estimate; or
Oral communication over the phone, written communication via email, or signing a preprinted form after receipt of the Loan Estimate.
A consumer’s silence is not indicative of intent to proceed (Comment 19(e)(2)(i)(A)-2). Written information for consumers before the Loan Estimate is provided (12 CFR 1026.19(e)(2)(ii)). A creditor or other person may provide a consumer with estimated terms or costs prior to the consumer receiving the Loan Estimate, if the person clearly and conspicuously states at the top of the front of the first page of the written estimate and in font size no smaller than 12-point font “Your actual rate, payment, and costs could be higher. Get an official Loan Estimate before choosing the loan” (12 CFR 1026.19(e)(2)(ii); Comment 19(e)(2)(ii)-1). In addition, the written estimate may not have headings, content, and format substantially similar to the Loan Estimate or the Closing Disclosure (12 CFR 1026.19(e)(2)(ii); Comment 19(e)(2)(ii)-1). The CFPB has provided a model of the required statement in Form H-26 of Appendix H to Regulation Z. Verification of information before the Loan Estimate is provided. A creditor or other person may not condition providing the Loan Estimate on a consumer submitting documents verifying information related to the consumer’s mortgage loan application before providing the Loan Estimate (12 CFR 1026.19(e)(2)(iii); Comment 19(e)(2)(iii)-1).

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B. Final Disclosures (Closing Disclosure) – 12 CFR 1026.19(f) For loans that require a Loan Estimate (i.e., most closed-end mortgage loans secured by real property or a cooperative unit) and that proceed to closing, creditors must provide a new final disclosure reflecting the actual terms of the transaction; it is called the Closing Disclosure. The form integrates and replaces the HUD-1 and the final TIL disclosure for these transactions. The creditor is generally required to ensure that the consumer receives the Closing Disclosure no later than three business days before consummation of the loan (12 CFR 1026.19(f)(1)(ii)). NOTE: If the creditor mails the disclosure six business days prior to consummation, it can assume that it was received three business days after sending (12 CFR 1026.19(f)(1)(iii); Comment 19(f)(1)(iii)).

The Closing Disclosure generally must contain the actual terms and costs of the transaction
(12 CFR 1026.19(f)(1)(i)). Creditors may estimate disclosures using the best information reasonably available when the actual term or cost is not reasonably available to the creditor at the time the disclosure is made. However, creditors must act in good faith and use due diligence in obtaining the information. The creditor normally may rely on the representations of other parties in obtaining the information, including, for example, the settlement agent. The creditor is required to provide corrected disclosures containing the actual terms of the transaction at or before consummation (Comments 19(f)(1)(i)-2, -2.i, and -2.ii).
The Closing Disclosure must be in writing and contain the information prescribed in 12 CFR
1026.38. The creditor must disclose only the specific information set forth in 12 CFR
1026.38(a) through (s), as shown in the Bureau’s form in Appendix H-25 (12 CFR 1026.38(t)).
If the actual terms or costs of the transaction change prior to consummation, the creditor must
provide a corrected disclosure that contains the actual terms of the transaction and complies with the other requirements of 12 CFR 1026.19(f), including the timing requirements, and requirements for providing corrected disclosures due to subsequent changes (Comment 19(f)(1)(i)-1).
New three-day waiting period. If the creditor provides a corrected disclosure, it must provide
the consumer with an additional three-business-day waiting period prior to consummation if the annual percentage rate becomes inaccurate, the loan product changes, or a prepayment penalty is added to the transaction (12 CFR 1026.19(f)(2)(ii)). “Consummation” occurs when the consumer becomes contractually obligated to the creditor on the loan, not, for example, when the consumer becomes contractually obligated to a seller on a real estate transaction. The time when a consumer becomes contractually obligated to the creditor on the loan depends on applicable state law (12 CFR 1026.2(a)(13); Comment 2(a)(13)- 1). Timing and Delivery – Closing Disclosure. Generally, the creditor is responsible for ensuring that the consumer receives the Closing Disclosure form no later than three business days before

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September 2020 TILA 61 consummation (12 CFR 1026.19(f)(1)(ii)(A); Comment 19(f)(1)(v)-3). The creditor also is responsible for ensuring that the Closing Disclosure meets the content, delivery, and timing requirements (12 CFR 1026.19(f) and 1026.38). For timeshare transactions, the creditor must ensure that the consumer receives the Closing Disclosure no later than consummation (12 CFR 1026.19(f)(1)(ii)(B)). If the Closing Disclosure is provided in person, it is considered received by the consumer on the day it is provided. If it is mailed or delivered electronically, the consumer is considered to have received the Closing Disclosure three business days after it is delivered or placed in the mail (12 CFR 1026.19(f)(1)(iii); Comment 19(f)(1)(ii)-2). However, if the creditor has evidence that the consumer received the Closing Disclosure earlier than three business days after it is mailed or delivered, the creditor may rely on that evidence and consider the Closing Disclosure to be received on that date (Comments 19(f)(1)(iii)-1 and -2). Multiple consumers. In transactions that are not rescindable, the Closing Disclosure may be provided to any consumer with primary liability on the obligation (12 CFR 1026.17(d)). In rescindable transactions, the creditor must provide the Closing Disclosure separately and meet the timing requirements for each consumer who has the right to rescind under TILA (See 12 CFR 1026.23). Settlement agents. Creditors may contract with settlement agents to have the settlement agent provide the Closing Disclosure to consumers on the creditor’s behalf, provided that the settlement agent complies with all relevant requirements of 12 CFR 1026.19(f) (12 CFR 1026.19(f)(1)(v)). Creditors and settlement agents also may agree to divide responsibility with regard to completing the Closing Disclosure, with the settlement agent assuming responsibility to complete some or all of the Closing Disclosure (Comment 19(f)(1)(v)-4). Any such creditor must maintain communication with the settlement agent to ensure that the Closing Disclosure and its delivery satisfy the requirements described above, and the creditor is legally responsible for any errors or defects (12 CFR 1026.19(f)(1)(v); Comment 19(f)(1)(v)-3)). In transactions involving a seller, the settlement agent is required to provide the seller with the Closing Disclosure reflecting the actual terms of the seller’s transaction no later than the day of consummation (12 CFR 1026.19(f)(4)(i) and (ii)). NOTE: “Business day” has a different meaning for purposes of providing the Closing Disclosure than it is for purposes of providing the Loan Estimate after receiving a consumer’s application. For purposes of providing the Closing Disclosure, the term business day means all calendar days except Sundays and the legal public holidays specified in 5 U.S.C. 6103(a) (See 12 CFR 1026.2(a)(6), 1026.19(f)(1)(ii)(A) and (f)(1)(iii)). Three-business-day waiting period. The loan may not be consummated less
than three business days after the Closing Disclosure is received by the consumer. If a settlement is scheduled during the waiting period, the creditor generally must postpone settlement, unless the consumer determines that the extension of credit is necessary to meet a bona fide personal financial emergency and waives the waiting period. The written waiver describes the emergency, specifically modifies, or waives the waiting period, and bears the signature of all consumers who

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September 2020 TILA 62 are primarily liable on the legal obligation. Pre-printed forms for this purpose are prohibited (12 CFR 1026.19(f)(1)(iv)). Average charges. In general, the amount imposed on the consumer for any settlement service must not exceed the amount the settlement service provider actually received for that service. However, an average charge may be imposed instead of the actual amount received for a particular service, as long as the average charge satisfies the following conditions (12 CFR 1026.19(f)(3)(i)-(ii); Comment 19(f)(3)(i)-1):

The average charge is no more than the average amount paid for that service by or on behalf
of all consumers and sellers for a class of transactions;
The creditor or settlement service provider defines the class of transactions based on an
appropriate period of time, geographic area, and type of loan;
The creditor or settlement service provider uses the same average charge for every
transaction within the defined class; and
The creditor or settlement service provider does not use an average charge:
o For any type of insurance; o For any charge based on the loan amount or property value; or o If doing so is otherwise prohibited by law. Closing Disclosures – Revisions and Corrections (12 CFR 1026.19(f)(2)). Creditors must redisclose terms or costs on the Closing Disclosure if certain changes occur to the transaction after the Closing Disclosure was first provided that cause the disclosures to become inaccurate. There are three categories of changes that require a corrected Closing Disclosure containing all changed terms (12 CFR 1026.19(f)(2)):
Changes that occur before consummation that require a new three-business-day waiting
period (12 CFR 1026.19(f)(2)(ii));
Changes that occur before consummation and do not require a new three-business-day
waiting period (12 CFR 1026.19(f)(2)(i)); and
Changes that occur after consummation (12 CFR 1026.19(f)(2)(iii)).
Changes before consummation requiring new waiting period. If one of the following occurs after delivery of the Closing Disclosure and before consummation, the creditor must provide a corrected Closing Disclosure containing all changed terms and ensure that the consumer receives it no later than three business days before consummation (12 CFR 1026.19(f)(2)(ii); Comment 19(f)(2)(ii)-1).
The disclosed APR becomes inaccurate. If the APR previously disclosed becomes
inaccurate, the creditor must provide a corrected Closing Disclosure with the corrected

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APR disclosure and all other terms that have changed. The APR’s accuracy is determined according to 12 CFR 1026.22 (12 CFR 1026.19(f)(2)(ii)(A)). Generally, if the APR and finance charges are overstated because the interest rate has decreased, the APR is considered accurate and no new waiting period is required (12 CFR 1026.22).

The loan product changes. If the loan product is changed, causing the product description
disclosed to become inaccurate, the creditor must provide a corrected Closing Disclosure with the corrected loan product and all other terms that have changed (12 CFR 1026.19(f)(2)(ii)(B)).
A prepayment penalty is added. If a prepayment penalty is added to the transaction, the
creditor must provide a corrected Closing Disclosure with the prepayment penalty provision disclosed and all other terms that have changed (12 CFR 1026.19(f)(2)(ii)(C)). The consumer may waive this period if the consumer is facing a bona fide personal financial emergency (12 CFR 1026.19(f)(1)(iv)). Changes before consummation not requiring new waiting period; consumer’s right to inspect. For any other changes before consummation that do not fall under the three categories above (i.e., related to the APR, the loan product, or the addition of a prepayment penalty), the creditor still must provide a corrected Closing Disclosure with any terms or costs that have changed and ensure that the consumer receives it. For these changes, there is no additional three-business-day waiting period required. The creditor must ensure only that the consumer receives the corrected Closing Disclosure at or before consummation (12 CFR 1026.19(f)(2)(i); Comments 19(f)(2)(i)- 1 and -2). However, a consumer has the right to inspect the Closing Disclosure during the business day before consummation (12 CFR 1026.19(f)(2)(i)). If a consumer asks to inspect the Closing Disclosure the business day before consummation, the Closing Disclosure presented to the consumer must reflect any adjustments to the costs or terms that are known to the creditor at the time the consumer inspects it (12 CFR 1026.19(f)(2)(i)). A creditor may satisfy the obligation to provide the Closing Disclosure by ensuring that a settlement agent that provides a consumer with the disclosures complies with the requirements of 12 CFR 1026.19(f) (12 CFR 1026.19(f)(1)(v); Comment 19(f)(2)(i)-2. Changes due to events occurring after consummation. Creditors must provide a corrected Closing Disclosure if an event in connection with the settlement occurs during the 30-calendarday period after consummation that causes the Closing Disclosure to become inaccurate and results in a change to an amount paid by the consumer from what was previously disclosed (12 CFR 1026.19(f)(2)(iii); Comment 19(f)(2)(iii)-1). NOTE: A creditor is not required to provide a corrected Closing Disclosure under this provision if the only changes that would be required to be disclosed in the corrected Closing Disclosure are changes to per-diem interest and any disclosures affected by the change in per-diem interest, even if the amount of per-diem interest actually paid by the consumer differs from the amount

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September 2020 TILA 64 disclosed under 12 CFR 1026.38(g)(2) and (o). Nonetheless, if a creditor is providing a corrected Closing Disclosure under 12 CFR 1026.19(f)(2)(iii) for reasons other than changes in per-diem interest and the per-diem interest has changed as well, the creditor must disclose in the corrected Closing Disclosure under 12 CFR 1026.19(f)(2)(iii) the correct amount of the per-diem interest and provide the corrected Closing Disclosure for any disclosures that are affected by the change in per-diem interest (12 CFR 1026.19(f)(2)(iii); Comment 19(f)(2)(iii)-2). When a post-consummation event requires a corrected Closing Disclosure, the creditor must deliver or place in the mail a corrected Closing Disclosure not later than 30 calendar days after receiving information sufficient to establish that such an event has occurred (12 CFR 1026.19(f)(2)(iii); Comment 19(f)(2)(iii)-1). In transactions involving a seller, the settlement agent must provide the seller with a corrected Closing Disclosure if an event occurs within 30 days of consummation that makes the disclosures inaccurate as they relate to the amount actually paid by the seller. The settlement agent must deliver or mail a corrected Closing Disclosure no later than 30 days from receiving information that establishes the Closing Disclosure is inaccurate and results in a change to an amount actually paid by the seller from what was previously disclosed (12 CFR 1026.19(f)(4)(ii)). Changes due to clerical errors. The creditor must provide a corrected Closing Disclosure to correct non-numerical clerical errors no later than 60 calendar days after consummation (12 CFR 1026.19(f)(2)(iv)). An error is clerical if it does not affect a numerical disclosure and does not affect the timing, delivery, or other requirements imposed by 12 CFR 1026.19(e) or (f) (Comment 19(f)(2)(iv)-1). Refunds related to the good faith analysis. The creditor can cure a tolerance violation of 12 CFR 1026.19(e)(3)(i) or (ii) by providing a refund to the consumer and delivering or placing in the mail a corrected Closing Disclosure that reflects the refund no later than 60 calendar days after consummation (12 CFR 1026.19(f)(2)(v)).
C. Special Information Booklet – 12 CFR 1026.19(g)
Creditors generally must provide a copy of the special information booklet, otherwise known as the home buying information booklet, to consumers who apply for a consumer credit transaction secured by real property or a cooperative unit. For loans using the Loan Estimate and Closing Disclosure forms, creditors provide the “Your Home Loan Toolkit,” designed by the CFPB to replace the “Shopping for Your Home Loan: Settlement Cost Booklet” as the special information booklet. This requirement is not limited to closed-end transactions and applies to most consumer credit transactions secured by real property or a cooperative unit, except in a few circumstances (see below). The special information booklet is required pursuant to Regulation Z (12 CFR 1026.19(g)(1)) as well as Section 5 of RESPA (12 U.S.C. 2604) and 12 CFR 1024.6 of Regulation X. The booklet is published by the CFPB to help consumers applying for federally related mortgage loans understand the nature and cost of real estate settlement services.

If the consumer is applying for a HELOC subject to 12 CFR 1026.40, the creditor (or
mortgage broker) can provide a copy of the brochure titled “What You Should Know About

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Home Equity Lines of Credit” instead of the special information booklet (12 CFR 1026.19(g)(1)(ii)).

The creditor need not provide the special information booklet if the consumer is applying for
a real property-secured consumer credit transaction that does not have the purpose of purchasing a one-to-four family residential property, such as a refinancing, a closed-end loan secured by a subordinate lien, or a reverse mortgage (12 CFR 1026.19(g)(1)( iii)). Creditors must deliver or place in the mail the special information booklet not later than three business days after receiving the consumer’s loan application (12 CFR 1026.19(g)(1)(i)). If the creditor denies the consumer’s application or if the consumer withdraws the application before the end of the three-business-day period, the creditor need not provide the special information booklet (12 CFR 1026.19(g)(1)(i); Comment 19(g)(1)(i)-3). When two or more persons apply together for a loan, the creditor may provide a copy of the special information booklet to just one of them (Comment 19(g)(1)-2). If the consumer uses a mortgage broker, the mortgage broker must provide the special information booklet, and the creditor need not do so (12 CFR 1026.19(g)(1)(i)). Creditors generally are required to use the booklets designed by the CFPB and may make only limited changes to the special information booklet (12 CFR 1026.19(g)(2)). The Bureau may issue revised or alternative versions of the special information booklet from time to time in the future. Creditors should monitor the Federal Register for notice of revisions (Comment 19(g)(1)- 1).

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IV. Construction Loan Disclosures
Creditors are required to comply with the TILA/RESPA Integrated Disclosure requirements for disclosure of construction loans and construction-permanent loans that are closed-end consumer credit transactions secured by real property or a cooperative unit (12 CFR 1026.19(e)(1) and .19(f)(1)). These transactions have two distinct phases. First, the construction phase usually involves several disbursements of funds at times and in amounts that are unknown at the beginning of that period, with the consumer generally paying only accrued interest until construction is completed. Unless the obligation is paid when construction is completed (i.e., a construction-only loan), it is a construction-permanent loan and the construction period converts to the second phase, the permanent financing in which the loan amount is amortized just as in a standard mortgage transaction. The longstanding provisions of 12 CFR 1026.17(c)(6)(ii) apply to construction and construction-permanent loans, as well as the option to use Appendix D.
Appendix D provides an optional method of calculating the annual percentage rate and other
disclosures for construction loans in disclosing construction financing (Comment 17(c)(6)-2). While the 2017 TRID amendments provide additional guidance on how a creditor may use
Appendix D to disclose construction loans and construction-permanent loans, the 2017 TRID
amendments do not require the use of Appendix D or its corresponding official commentary when disclosing the terms of construction loans or construction-permanent loans. Specific regulatory provisions and official commentary applicable to construction loan disclosures are discussed below. A. Disclosure Methods for Construction Loans – 12 CFR 1026.17(c)(6) Regulation Z provides a flexible rule for disclosure of construction loans and constructionpermanent loans (12 CFR 1026.17(c)(6)). First, it provides that a series of advances under an agreement to extend credit up to a certain amount may be considered as one transaction (12 CFR 1026.17(c)(6)(i)). This means that for construction-only loans, a creditor may treat all of the advances as a single transaction or disclose each advance as a separate transaction. If these advances are treated as one transaction and the timing and amounts of advances are unknown, creditors must make disclosures based on estimates, based on the best information reasonably available at the time the disclosure is provided to the consumer, as provided in 12 CFR 1026.17(c)(2). Second, when a multiple-advance loan to finance the construction of a dwelling may be permanently financed by the same creditor, the construction phase and the permanent phase may be treated as either one or more than one transaction (12 CFR 1026.17(c)(6)(ii)). In addition to disclosure options described above for multiple advance loans, for constructionpermanent loans where the permanent phase may be financed by the same creditor, the creditor also has the option to provide either one combined disclosure for both the construction financing and the permanent financing, or separate disclosures for the two phases (12 CFR 1026.17(c)(6)(ii); Comment 17(c)(6)-2).

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Thus, in a transaction that finances the construction of a dwelling that may be permanently financed by the same creditor, the construction financing phase and the permanent financing phases may be disclosed in one of three ways listed below.

As a single transaction, with one disclosure combining both phases.
As two separate transactions, with one disclosure for each phase.
As more than two transactions, with one disclosure for each advance and one for the
permanent financing phase (Comment 17(c)(6)-3).
B. Delivery of Disclosures – 12 CFR 1026.19(e)(1)(iii) Regulation Z clarifies the timing requirements for providing the Loan Estimate for construction and construction-permanent loans based on when the creditor receives an application (12 CFR 1026.19(e)(1)(iii)). Comment 19(e)(1)(iii)-5 provides examples of different scenarios, illustrating how the timing requirements would apply. For example, where a creditor receives an application for both the construction and permanent phases of a transaction, the creditor must deliver or place in the mail either a single Loan Estimate (if the phases are treated as one transaction) or two or more Loan Estimates (if the phases are treated separately) within three business days of receiving the application and not later than seven business days before consummation.
C. Completion of Loan Estimate and Closing Disclosure
Generally, a financial institution will make disclosures for construction loans in the same manner as it discloses terms for non-construction loans, following the guidance of applicable regulations (See 12 CFR 1026.37 and 1026.38). The financial institution may, at its option, use Appendix D to Regulation Z to estimate and disclose the terms of multiple-advance construction and construction-permanent loans (12 CFR Part 1026, App. D). This appendix reflects the approach taken in 12 CFR 1026.17(c)(6)(ii), which permits creditors to provide separate or combined disclosures for the construction period and for the permanent financing, as discussed above. The financial institution may, at its option, use Appendix D to the regulation to assist in estimating and disclosing the terms of multiple-advance construction loans when the amounts or timing of advances is unknown at consummation of the transaction. Appendix D may also be used in multiple-advance transactions other than construction loans, when the amounts or timing of advances are unknown at consummation (Comment App. D-1).
Appendix D and its associated commentary provide additional guidance and clarification on how
to complete various portions of the Loan Estimate and Closing Disclosure. Additional guidance and examples are intended to inform the accurate disclosure of information related to Loan Term (Comment App. D. 7.i), Loan Product (Comment App. D 7.ii), Interest Rate (Comment App. D. 7.iii), Increases in Periodic Payment (Comment App. D. 7.iv), Projected Payments Table (Comment App. D. 7.v), Disclosure of Construction Costs (Comment App. D. 7.vi), and Inspection and Handling Fees (Comment App. D. 7.vii).

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V. Loans Receiving Non-TILA-RESPA Integrated
Disclosures, Generally
Creditors making closed-end loans to consumers not subject to the TILA-RESPA Integrated Disclosures Rule (i.e., other than loans where 12 CFR 1026.19(e) and (f) require the Loan Estimate and the Closing Disclosure) must provide the consumer with the Truth in Lending (TIL) disclosure, as outlined in 12 CFR 1026.17 and 1026.18. Creditors engaged in specified housing assistance programs for low- and moderate-income consumers would also provide their consumers with the TIL Disclosure (12 CFR 1026.3(h)). TIL Disclosure. The TIL disclosure provided for these loans includes a payment schedule (12 CFR 1026.18(g)). The disclosed payment schedule must reflect all components of the finance charge. It includes all payments scheduled to repay loan principal, interest on the loan, and any other finance charge payable by the consumer after consummation of the transaction. However, any finance charge paid separately before or at consummation (e.g., odd days’ interest) is not part of the payment schedule. It is a prepaid finance charge that must be reflected as a reduction in the value of the amount financed. At the creditor’s option, the payment schedule may include amounts beyond the amount financed and finance charge (e.g., certain insurance premiums or real estate escrow amounts such as taxes added to payments). However, when calculating the APR, the creditor must disregard such amounts. If the obligation is a renewable balloon payment instrument that unconditionally obligates the financial institution to renew the short-term loan at the consumer’s option or to renew the loan subject to conditions within the consumer’s control, the payment schedule must be disclosed using the longer term of the renewal period or periods. The long-term loan must be disclosed with a variable-rate feature. If there are no renewal conditions or if the financial institution guarantees to renew the obligation in a refinancing, the payment schedule must be disclosed using the shorter balloon payment term. The short-term loan must be disclosed as a fixed-rate loan, unless it contains a variable-rate feature during the initial loan term.
VI. Variable and Adjustable Rate Transactions – 12 CFR
1026.18(f), 1026.20(c) and (d)
A. Closed-end transactions generally
If the terms of the legal obligation allow the financial institution, after consummation of the transaction, to increase the APR, the financial institution must furnish the consumer with certain information on variable rates. In addition, variable-rate disclosures are not applicable to rate increases resulting from delinquency, default, assumption, acceleration, or transfer of the collateral. Some of the more important transaction-specific variable-rate disclosure requirements follow.

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Disclosures for variable-rate loans must be given for the full term of the transaction and must
be based on the terms in effect at the time of consummation.
If the variable-rate transaction includes either a seller buy-down that is reflected in a contract
or a consumer buy-down, the disclosed APR should be a composite rate based on the lower rate for the buy-down period and the rate that is the basis for the variable-rate feature for the remainder of the term.
If the initial rate is not determined by the index or formula used to make later interest rate
adjustments, as in a discounted variable-rate transaction, the disclosed APR must reflect a composite rate based on the initial rate for as long as it is applied and, for the remainder of the term, the rate that would have been applied using the index or formula at the time of consummation (i.e., the fully indexed rate). o If a loan contains a rate or payment cap that would prevent the initial rate or payment, at the time of the adjustment, from changing to the fully indexed rate, the effect of that rate or payment cap needs to be reflected in the disclosures. o The index at consummation need not be used if the contract provides a delay in the implementation of changes in an index value (e.g., the contract indicates that future rate changes are based on the index value in effect for some specified period, such as 45 days before the change date). Instead, the financial institution may use any rate from the date of consummation back to the beginning of the specified period (e.g., during the previous 45-day period).
If the initial interest rate is set according to the index or formula used for later adjustments
but is set at a value as of a date before consummation, disclosures should be based on the initial interest rate, even though the index may have changed by the consummation date. B. Adjustable Rate Mortgage Disclosures

Disclosure of Post-Consummation Events – Initial Rate Change
for Adjustable Rate Mortgages – 12 CFR 1026.20(d) Creditors, assignees, or servicers29 (referred to collectively as creditors) of adjustable rate mortgages, or ARMs, secured by the consumer’s principal dwelling and with terms of more than one year are generally required to provide consumers with certain information pertaining to the ARM’s initial rate change.30 This information must be provided in a disclosure that is separate from all other documents, and the disclosure must be provided between 210 and 240 days before the first payment at the adjusted rate is due. If the first payment at a new rate is 29 Creditors, assignees, and servicers are all subject to the requirements of this 12 CFR 1026.20(d). Creditors, assignees, and servicers may decide among themselves which of them will provide the required disclosures. However, establishing a business relationship where one party agrees to provide disclosures on behalf of the other parties does not absolve all other parties from their legal obligations. 30 Exemptions to disclosure requirements are covered in the section titled “Exemptions to the Adjustable Rate Mortgage Disclosure Requirements – 12 CFR 1026.20(c)(1)(ii) and (d)(1)(ii)” below.

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September 2020 TILA 70 due within the first 210 days after consummation, the creditor must provide the rate change disclosure at consummation. Disclosures required under this section must provide consumers with information related to the timing and nature of the rate change. If the new rate pursuant to the change disclosed is not known and the creditor provides an estimate, the rate must be identified as an estimate. If the creditor is using an estimate, it must be based on the index within 15 business days prior to the date of the disclosure. The calculation is made using the index reported in the source of information that the creditor uses in the explanation of how the interest rate is determined. Disclosures required under 12 CFR 1026.20(d) must also include, among others:

The date of the disclosure.
A statement explaining that the time period that the current rate has been in effect is ending,
that the current rate is expiring, and that a change in the rate may result in a change in the required payment; providing the effective date of the change and a schedule of any future changes; and describing any other changes to the loan terms, features, or options taking effect on the same date (including expiration of interest-only or payment-option features).
A table containing the current and new interest rates, the current and new payments,
including the date the new payment is due, and for interest-only or negative amortization loans, the amount of the current and new payment allocated to principal, interest, and escrow (if applicable). NOTE: The new payment allocation disclosed is the expected payment allocation for the first payment for which the new interest rate will apply.
An explanation of how the interest rate is determined, including (among other things) an
explanation of the index or formula used to determine the new rate and the margin.
Any limitations on the interest rate or payment increase for each scheduled increase and over
the life of the loan. Creditors must also include a statement regarding the extent to which such limitations result in foregone interest rate increases and the earliest date such foregone interest rate increases may apply to future interest rate adjustments.
An explanation of how the new payment is determined, including an explanation of the index
or formula used to determine the new rate, including the margin, the expected loan balance on the date of the rate adjustment, and the remaining loan term or any changes to the term caused by the rate change.
If the creditor is using an estimated rate or payment, a statement that the actual new interest
rate and new payment will be provided to the consumer between two and four months prior to the first payment at the new rate.
For negative amortization loans, creditors must provide a statement indicating that the new
payment will not be allocated to pay loan principal and will not reduce the balance of the

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A statement indicating the circumstances under which any prepayment penalty may be
imposed, the time period during which it may be imposed, and a statement that the consumer may contact the servicer for additional information, including the maximum amount of the penalty that may be charged to the consumer.
The telephone number of the creditor, assignee, or servicer for use if the consumer
anticipates that he or she may not be able to make the new payments.
A statement providing specified alternatives (which include refinancing, selling the property,
loan modification, and forbearance) available if the consumer anticipates not being able to make the new payment.
A website address for either the CFPB’s or the Department of Housing and Urban
Development’s (HUD) list of homeownership counselors and counseling organizations, the HUD toll-free telephone number to access the HUD list of homeownership counselors and counseling organizations, and the CFPB’s website address for state housing finance authorities contact information.
For more information pertaining to the required format of the disclosures required under 12
CFR 1026.20(d), please see 12 CFR 1026.20(d)(3) and the model and sample Forms H4(D)(3) and (4) in Appendix H.

Disclosure of Post-Consummation Events – Rate Adjustments
Resulting in Payment Changes – 12 CFR 1026.20(c) Creditors, assignees, or servicers31 (referred to collectively as creditors) of ARMs secured by a consumer’s principal dwelling with a term greater than one year are generally required to provide consumers with disclosures prior to the adjustment of the interest rate on the mortgage,32 if the interest rate change will result in a payment change as follows:

For ARMs where the payment changes along with a rate change, disclosures must be
provided to consumers between 60 and 120 days before the first payment at the new amount is due.
For ARMs where the payment changes in connection with a uniformly scheduled interest rate
adjustment occurring every 60 days (or more frequently), the disclosures must be provided between 25 and 120 days before the first payment at the new amount is due. 31 Creditors, assignees, and servicers are all subject to the requirements of 12 CFR 1026.20(c). Creditors, assignees, and servicers may decide among themselves which of them will provide the required disclosures. However, establishing a business relationship where one party agrees to provide disclosures on behalf of the other parties does not absolve all other parties from their legal obligations. 32 Exemptions to disclosure requirements are covered in the section titled “Exemptions to the Adjustable Rate Mortgage Disclosure Requirements – 12 CFR 1026.20(c)(1)(ii) and (d)(1)(ii)” below.

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For ARMs originated prior to January 10, 2015, in which the contract requires the adjusted
interest and payment to be calculated based on an index that is available on a date less than 45 days prior to the adjustment date, disclosures must be provided between 25 and 120 days before the first payment at the new amount is required.
For ARMs where the first adjustment occurs within 60 days of consummation and the new
interest rate disclosed at the time was an estimate, the disclosures must be provided as soon as practicable, but no less than 25 days before the first payment at the new amount is due. Disclosures required under 12 CFR 1026.20(c) must contain specific information, which includes, among others:
A statement explaining that the time period during which the consumer’s current rate has
been in effect is ending and that the rate and payment will change; when the interest rate will change; dates when additional interest rate adjustments are scheduled to occur; and any other change in loan terms or features that take effect on the same date that the interest rate and payment change, such as an expiration of interest-only treatment or payment-option feature;
A table explaining the current and new interest rates; the current and new payments,
including the date the new payment is due; and for interest-only or negative amortizing loans, the amount of the current and new payment allocated to principal, interest, and amounts for escrow (if applicable);
An explanation of how the new interest rate is determined, including (among other things)
the index or formula used to determine the new rate and the margin, and any application of previously foregone interest rate increases from past adjustments;
Any limitations on the interest rate and payment increase for each scheduled increase for the
duration of the loan. Creditors must also include a statement regarding the extent to which such limitations result in foregone interest rate increases and the earliest date such foregone interest rate increases may apply to future interest rate adjustments;
An explanation of how the new payment is determined, including an explanation of the index
or formula used to determine the new rate, including the margin, the expected loan balance on the date of the rate adjustment, and the remaining loan term or any changes to the term caused by the rate change;
For negative amortization loans, creditors must provide a statement indicating that the new
payment will not reduce the balance of the loan, rather, the payment will only apply to part of the interest, thereby increasing the amount of principal; and
A statement indicating the circumstances under which any prepayment penalty may be
imposed, the time period during which it may be imposed, and a statement that the consumer may contact the servicer for additional information, including the maximum amount of the penalty that may be charged to the consumer.

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For more information pertaining to the required format of the disclosures required under 12 CFR 1026.20(c), please see 12 CFR 1026.20(c)(3) and the model and sample Forms H-4(D)(1) and (2) in Appendix H.
3. Exemptions to the Adjustable Rate Mortgage Disclosure
Requirements – 12 CFR 1026.20(c)(1)(ii) and (d)(1)(ii) Disclosures under 12 CFR 1026.20(c) and (d) are not required for ARMs with a term of one year or less. Likewise, disclosures under 12 CFR 1026.20(c) are not required if the first interest rate and payment adjustment occurs within the first 210 days and the new rate disclosed at consummation pursuant to 12 CFR 1026.20(d) was not an estimate. ARM disclosures for payment changes are exempt under 12 CFR 1026.20(c)(1)(ii)(C) where the servicer is a debt collector under the FDCPA and a consumer has exercised the right under FDCPA Section 805(c) to prohibit debt collector communications regarding the debt.

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Closed-End Credit: Finance Charge Accuracy Tolerances

See 15 U.S.C. 1602(bb)
Is this a closed-end credit
TILA claim asserting rescission rights? Finance charge tolerance is $35. An overstated finance charge is not considered a violation. Is the rescission claim a defense to foreclosure action? Is the transaction secured by real estate or dwelling? Did the transaction originate before 9/30/95? Yes No Yes Yes No Is the transaction a refinancing? No Yes Finance charge tolerance is $200 for understatements. An overstated finance charge is not considered a violation. Finance charge tolerance is $100 for understatements. An overstated finance charge is not considered a violation. The finance charge shall be considered accurate if it is not more than $5 above or below the exact finance charge in a transaction involving an amount financed of $1,000 or less, or not more than $10 above or below the exact finance charge in a transaction involving an amount financed of more than $1,000. Finance charge tolerance is 1% of the loan amount or $100, whichever is greater. An overstated finance charge is not considered a violation. No No Yes Does the refinancing involve a consolidation or new advance? Yes Is the transaction a high-cost mortgage loan?* Finance charge tolerance is one-half of 1% of the loan amount or $100, whichever is greater. An overstated finance charge is not considered a violation. Yes

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Closed-End Credit: Accuracy and Reimbursement Tolerances for UNDERSTATED FINANCE CHARGES Is the loan secured by real estate or a dwelling? No Yes Is the disclosed FC understated by more than $100 (or $200 if the loan originated before 9/30/95)? No Yes No violation FC violation FC violation No violation FC violation Yes No No Yes Is the disclosed FC understated by more than $10? Is the disclosed FC understated by more than $5? No Yes Is the amount financed greater than $1,000? Is the loan term greater than 10 years? No Yes Is the loan a regular loan? No Yes Is the disclosed FC plus the FC reimbursement tolerance (based on a one-quarter of 1 percentage point APR tolerance) less than the correct FC? Is the disclosed FC plus the FC reimbursement tolerance (based on a one-eighth of 1 percentage point APR tolerance) less than the correct FC? Yes No No Yes

No reimbursement
Subject to reimbursement

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Closed-End Credit: Accuracy Tolerances for
OVERSTATED FINANCE CHARGES
Is the loan secured by real estate or a dwelling?
No Yes
Is the amount financed greater than $1,000?
No Yes
Is the disclosed FC less
$10 greater than the correct FC?
Is the disclosed FC less
$5 greater than the correct FC?
No Yes
No violation
FC violation
No Yes
No violation FC violation
No violation

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Closed-End Credit: Accuracy Tolerances for
OVERSTATED APRs
APR violation No violation
No Yes
Was the finance charge disclosure error the cause of the APR disclosure error? APR violation Yes No Is the finance charge disclosed greater than the correct finance charge? Is this a “regular” loan?

No Yes
Is the disclosed APR greater than the correct
APR by more than one-eighth of one percentage point?
Is the disclosed APR greater than the correct
APR by more than one-quarter of one percentage point?
No violation
Yes Yes
Is the loan secured by real estate or a dwelling?
No Yes
APR violation

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Closed-End Credit: Accuracy and Reimbursement Tolerances for UNDERSTATED APRs Is the loan a “regular” loan? No Yes Is the disclosed APR understated by more than one-quarter of one percentage point? Is the disclosed APR understated by more than one-eighth of one percentage point? Yes No No violation No Yes Is the loan secured by real estate or a dwelling? No Yes APR violation No Yes Is the finance charge understated by more than:

$100 if the loan originated on or after 9/30/95?
$200 if the loan originated before 9/30/95?
APR violation
Was the finance charge disclosure error the cause of the APR disclosure error? No Yes APR violation No violation Is the loan term greater than 10 years? No Yes Is the loan a “regular” loan? Is the disclosed APR understated by more than one-quarter of one percentage point? No Yes Is the disclosed APR understated by more than one-eighth of one percentage point? Yes No No Yes No reimbursement Subject to reimbursement

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VII. Refinancings – 12 CFR 1026.20(a)
When an obligation is satisfied and replaced by a new obligation to the original financial institution (or a holder or servicer of the original obligation) and is undertaken by the same consumer, it must be treated as a refinancing for which a complete set of new disclosures must be furnished. A refinancing may involve the consolidation of several existing obligations, disbursement of new money to the consumer, or the rescheduling of payments under an existing obligation. In any form, the new obligation must completely replace the earlier one to be considered a refinancing under the regulation. The finance charge on the new disclosure must include any unearned portion of the old finance charge that is not credited to the existing obligation (12 CFR 1026.20(a)). The following transactions are not considered refinancings even if the existing obligation is satisfied and replaced by a new obligation undertaken by the same consumer:

A renewal of an obligation with a single payment of principal and interest or with periodic
interest payments and a final payment of principal with no change in the original terms.
An APR reduction with a corresponding change in the payment schedule.
An agreement involving a court proceeding.
Changes in credit terms arising from the consumer’s default or delinquency.
The renewal of optional insurance purchased by the consumer and added to an existing
transaction, if required disclosures were provided for the initial purchase of the insurance. However, even if it is not accomplished by the cancellation of the old obligation and substitution of a new one, a new transaction subject to new disclosures results if the financial institution:
Increases the rate based on a variable-rate feature that was not previously disclosed; or
Adds a variable-rate feature to the obligation.
If, at the time a loan is renewed, the rate is increased, the increase is not considered a variablerate feature. It is the cost of renewal, similar to a flat fee, as long as the new rate remains fixed during the remaining life of the loan. If the original debt is not canceled in connection with such a renewal, the regulation does not require new disclosures. Also, changing the index of a variable-rate transaction to a comparable index is not considered adding a variable-rate feature to the obligation.

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VIII. Escrow Cancellation Disclosures – 12 CFR 1026.20(e)
Escrow Closing Notice. Before cancelling an escrow account, an Escrow Closing Notice must be provided to any consumers for whom an escrow account was established in connection with a closed-end consumer credit transaction secured by a first lien on real property or a dwelling, except for reverse mortgages (12 CFR 1026.20(e)(1)). For this purpose, the term escrow account has the same meaning given to it as under Regulation X, 12 CFR 1024.17(b), and the term servicer has the same meaning given to it as under Regulation X, 12 CFR 1024.2(b). There are two exceptions to the requirement to provide the notice:

Creditors and servicers are not required to provide the notice if the escrow account that is
being canceled was established solely in connection with the consumer’s delinquency or default on the underlying debt obligation (Comment 20(e)(1)-2).
Creditors and servicers are not required to provide the notice when the underlying debt
obligation for which an escrow account was established is terminated, including by repayment, refinancing, rescission, and foreclosure (Comment 20(e)(1)-3). For loans subject to the Escrow Closing Notice requirement, if the creditor or servicer cancels the escrow account at the consumer’s request, the creditor or servicer must ensure that the consumers receive the notice no later than three business days (i.e., all calendar days except Sundays and the legal public holidays (See 12 CFR 1026.2(a)(6), 1026.19(f)(1)(ii)(A) and (f)(1)(iii)) before the consumer’s escrow account is canceled (12 CFR 1026.20(e)(5)(i)). If the creditor or servicer cancels the escrow account and the cancellation is not at the consumer’s request, the creditor or servicer must ensure that the consumer receives the notice no later than 30 business days before the closure of the consumer’s escrow account (12 CFR 1026.20(e)(5)(ii). If the Escrow Closing Notice is not provided to the consumer in person, the consumer is considered to have received the notice three business days after it is delivered or placed in the mail (12 CFR 1026.20(e)(5)(iii)). The creditor or servicer must disclose (12 CFR 1026.20(e)(1)-(2)):
The date on which the account will be closed;
That an escrow account may also be called an impound or trust account;
The reason that the escrow account will be closed;
That without an escrow account, the consumer must pay all property costs, such as taxes and
homeowner’s insurance, directly, possibly in one or two large payments a year;
A table, titled “Cost to you,” that contains an itemization of the amount of any fee the
creditor or servicer imposes on the consumer in connection with the closure of the consumer’s escrow account, labeled “Escrow Closing Fee,” and a statement that the fee is for closing the escrow account;
Under the reference “In the future”:

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September 2020 TILA 81 o The consequences if the consumer fails to pay property costs, including the actions that a state or local government may take if property taxes are not paid and the actions the creditor or servicer may take if the consumer does not pay some or all property costs, such as adding amounts to the loan balance, adding an escrow account to the loan, or purchasing a property insurance policy on the consumer’s behalf that may be more expensive and provide fewer benefits than a policy that the consumer could obtain directly; o A telephone number that the consumer can use to request additional information about the cancellation of the escrow account; o Whether the creditor or servicer offers the option of keeping the escrow account open and, as applicable, a telephone number the consumer can use to request that the account be kept open; and o Whether there is a cutoff date by which the consumer can request that the account be kept open. The creditor or servicer may also, at its option, disclose (12 CFR 1026.20(e)(3)):

The creditor or servicer’s name or logo;
The consumer’s name, phone number, mailing address, and property address;
The issue date of the notice;
The loan number; or
The consumer’s account number.
In addition, the disclosures must:
Contain a required heading that is more conspicuous than and precedes the required
disclosures discussed above (12 CFR 1026.20(e)(4)).
Be clear and conspicuous. This standard generally requires that the disclosures in the Escrow
Closing Notice be in a reasonably understandable form and readily noticeable to the consumer (Comment 20(e)(2)-1).
Be written in 10-point font, at a minimum (12 CFR 1026.20(e)(4)).
Be grouped together on the front side of a one-page document. The disclosures must be
separate from all other materials, with the headings, content, order, and format substantially similar to Model Form H-29 in Appendix H to Regulation Z (12 CFR 1026.20(e)(4)). This requirement, however, does not preclude creditors and servicers from modifying the disclosures to accommodate particular consumer circumstances or transactions not addressed by the form or from adjusting the statement required by 12 CFR 1026.20(e)(2)(ii)(A),

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September 2020 TILA 82 concerning consequences if the consumer fails to pay property costs, to the circumstances of the particular consumer (Comment 20(e)(4)-3).
IX. Successors in Interest – 12 CFR 1026.20(f)
If, upon confirmation, a servicer provides a confirmed successor in interest who is not liable on the mortgage loan obligation with an optional notice and acknowledgment form in accordance with Regulation X, 12 CFR 1024.32(c)(1), the servicer is not required to provide to the confirmed successor in interest any written disclosure required by 12 CFR 1026.20(c) (rate adjustments with corresponding change in payment), 12 CFR 1026.20(d) (initial rate adjustment), and 12 CFR 1026.20(e) (escrow account cancellation notice), unless and until the confirmed successor in interest either assumes the mortgage loan obligation under state law or has provided the servicer an executed acknowledgement form in accordance with Regulation X, 12 CFR 1024.32(c)(1)(iv), and the confirmed successor in interest has not revoked such acknowledgement form.
X. Treatment of Credit Balances – 12 CFR 1026.21
When a credit balance in excess of $1 is created in connection with a transaction (through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of a consumer), the creditor is required to:

Credit the amount of the credit balance to the consumer’s account;
Refund any part of the remaining credit balance, upon the written request of the consumer;
and
Make a good faith effort to refund to the consumer by cash, check, or money order, or credit
to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months, except that no further action is required if the consumer’s current location is not known to the creditor and cannot be traced through the consumer’s last known address or telephone number.
XI. Closed-End Advertising – 12 CFR 1026.24
If an advertisement for credit states specific credit terms, it must state only those terms that actually are or will be arranged or offered by the creditor. Disclosures required by this section must be made “clearly and conspicuously.” To meet this standard in general, credit terms need not be printed in a certain type size nor appear in any particular place in the advertisement. For advertisements for credit secured by a dwelling, a clear and conspicuous disclosure means that the required information is disclosed with equal prominence and in close proximity to the advertised rates or payments triggering the required disclosures.

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If an advertisement states a rate of finance charge, it must state the rate as an “annual percentage rate,” using that term. If the APR may be increased after consummation, the advertisement must state that fact. If an advertisement is for credit not secured by a dwelling, the advertisement must not state any other rate, except that a simple annual rate or periodic rate that is applied to an unpaid balance may be stated in conjunction with, but not more conspicuously than, the APR. If an advertisement is for credit secured by a dwelling, the advertisement must not state any other rate, except that a simple annual rate that is applied to an unpaid balance may be stated in conjunction with, but not more conspicuously than, the APR. That is, an advertisement for credit secured by a dwelling may not state a periodic rate, other than a simple annual rate, that is applied to an unpaid balance. “Triggering terms” – The following are triggering terms that require additional disclosures:

The amount or percentage of any down payment,
The number of payments or period of repayment,
The amount of any payment, and
The amount of any finance charge.
An advertisement stating a triggering term must also state the following terms as applicable:
The amount or percentage of any down payment;
The terms of repayment, which reflect the repayment obligations over the full term of the
loan, including any balloon payment; and
The “annual percentage rate,” using that term, and, if the rate may be increased after
consummation, that fact.
For any advertisement secured by a dwelling, other than television or radio advertisements, that states a simple annual rate of interest, and more than one simple annual rate of interest will apply over the term of the advertised loan, the advertisement must state in a clear and conspicuous manner:
Each simple rate of interest that will apply. In variable-rate transactions, a rate determined by
adding an index and margin must be disclosed based on a reasonably current index and margin.
The period of time during which each simple annual rate of interest will apply.
The APR for the loan.

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The regulation prohibits the following seven deceptive or misleading acts or practices in advertisements for closed-end mortgage loans:

Stating that rates or payments for loans are “fixed” when those rates or payments can vary
without adequately disclosing that the interest rate or payment amounts are “fixed” only for a limited period of time, rather than for the full term of the loan;
Making comparisons between actual or hypothetical credit payments or rates and any
payment or rate available under the advertised product that are not available for the full term of the loan, with certain exceptions for advertisements for variable-rate products;
Characterizing the products offered as “government loan programs,” “government-supported
loans,” or otherwise endorsed or sponsored by a federal or state government entity even though the advertised products are not government-supported or sponsored loans;
Displaying the name of the consumer’s current mortgage lender, unless the advertisement
also prominently discloses that the advertisement is from a mortgage lender not affiliated with the consumer’s current lender;
Making claims of debt elimination if the product advertised would merely replace one debt
obligation with another;
Creating a false impression that the mortgage broker or lender is a “counselor” for the
consumer; and
In foreign-language advertisements, providing certain information, such as a low
introductory “teaser” rate, in a foreign language, while providing required disclosures only in English. Subpart D – Miscellaneous Subpart D contains rules on oral disclosures 12 CFR 1026.26, disclosures in languages other than English 12 CFR 1026.27, record retention 12 CFR 1026.25, effect on state laws 12 CFR 1026.28, state exemptions 12 CFR 1026.29, and rate limitations (12 CFR 1026.30). Record Retention – 12 CFR 1026.25 As a general rule, the creditor must retain evidence of compliance with Regulation Z (other than advertising requirements under 12 CFR 1026.16 and 1026.24, and other than certain requirements for mortgage loans) for two years after the date disclosures are required to be made or action is required to be taken (12 CFR 1026.25(a)). This includes, for example, evidence that the creditor properly handled adverse credit reports in connection with amounts subject to a billing dispute under 12 CFR 1026.13, and properly handled the refunding of credit balances under 12 CFR 1026.11 and 1026.21. The creditor may retain the evidence by any method that reproduces records accurately (including computer programs) (Comment 25(a)-2). A creditor

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September 2020 TILA 85 must permit the enforcing agency to inspect its relevant records for compliance (12 CFR 1026.25(b)). The record retention period for mortgage loans is generally three years (12 CFR 1026.25(c)). A creditor must retain evidence of compliance with the requirements of 12 CFR 1026.19(e) and (f) for three years after the later of the date of consummation, the date disclosures are required to be made, or the date the action is required to be taken (12 CFR 1026.25(c)(1)(i)). For Closing Disclosures, the record retention period is five years. The creditor must retain completed closing disclosures required by 12 CFR 1026.19(f)(1)(i) or (f)(4)(i), and all documents related to such disclosures, for five years after consummation (12 CFR 1026.25(c)(1)(ii)(A)). If a creditor sells, transfers, or otherwise disposes of its interest in a mortgage loan subject to 12 CFR 1026.19(f) and does not service the mortgage loan, the creditor must provide a copy of the closing disclosures to the owner or servicer of the mortgage, and the new owner or servicer must retain such disclosures for the remainder of the five-year period. For loan originator compensation, creditors and loan originator organizations must retain records-related requirements for mortgage loan originator compensation and the compensation agreement that governs those payments for three years after the date of payment (12 CFR 1026.25(c)(2)). A creditor must retain evidence to show compliance with the minimum standards for loans secured by a dwelling in 12 CFR 1026.43 for three years after consummation of a transaction covered by that section (12 CFR 1026.25(c)(3)). Relationship to State Law – TILA 111 and 12 CFR 1026.28, 1026.29 State laws providing rights, responsibilities, or procedures for consumers or financial institutions for consumer credit contracts may be:

Preempted by federal law,
Not preempted by federal law, or
Substituted in lieu of TILA and Regulation Z requirements.
State law provisions are preempted to the extent that they contradict the requirements in the following chapters of TILA and the implementing sections of Regulation Z:
Chapter 1, General Provisions, which contains definitions and acceptable methods for
determining finance charges and annual percentage rates.
Chapter 2, Credit Transactions, which contains disclosure requirements, rescission rights, and
certain credit card provisions.

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Chapter 3, Credit Advertising, which contains consumer credit advertising rules and APR
oral disclosure requirements.
For example, a state law would be preempted if it required a financial institution to use the terms “nominal annual interest rate” in lieu of “annual percentage rate.” Conversely, state law provisions are generally not preempted under federal law if they call for, without contradicting Chapters 1, 2, or 3 of TILA or the implementing sections of Regulation Z, either of the following:
Disclosure of information not otherwise required. A state law that requires disclosure of the
minimum periodic payment for open-end credit, for example, would not be preempted because it does not contradict federal law.
Disclosures more detailed than those required. A state law that requires itemization of the
amount financed, for example, would not be preempted, unless it contradicts federal law by requiring the itemization to appear with the disclosure of the amount financed in the segregated closed-end credit disclosures. The relationship between state law and Chapter 4 of TILA (Credit Billing) involves two parts. The first part is concerned with Sections 161 (correction of billing errors) and 162 (regulation of credit reports) of the TILA; the second part addresses the remaining sections of Chapter 4. State law provisions are preempted if they differ from the rights, responsibilities, or procedures contained in Sections 161 or 162. An exception is made, however, for state law that allows a consumer to inquire about an account and requires the bank to respond to such inquiry beyond the time limits provided by federal law. Such a state law would not be preempted for the extra time period. State law provisions are preempted if they result in violations of Sections 163 through 171 of
Chapter 4. For example, a state law that allows the card issuer to offset the consumer’s creditcard indebtedness against funds held by the card issuer would be preempted, since it would
violate (12 CFR 1026.12(d)). Conversely, a state law that requires periodic statements to be sent more than 14 days before the end of a free-ride period would not be preempted, since no violation of federal law is involved. A financial institution, state, or other interested party may ask the CFPB to determine whether state law contradicts Chapters 1 through 3 of TILA or Regulation Z. The party also may ask if the state law is different from, or would result in violations of, Chapter 4 of TILA and the implementing provisions of Regulation Z. If the Bureau determines that a disclosure required by state law (other than a requirement relating to the finance charge, APR, or the disclosures required under 12 CFR
1026.32 is substantially the same in meaning as a disclosure required under TILA or Regulation Z,
generally creditors in that state may make the state disclosure in lieu of the federal disclosure.

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Subpart E – Special Rules for Certain Home
Mortgage Transactions
Subpart E contains special rules for mortgage transactions. 12 CFR 1026.32 requires certain disclosures and provides limitations for closed-end credit transactions and open-end credit plans that have rates or fees above specified amounts or certain prepayment penalties. 12 CFR 1026.33 requires special disclosures, including the total annual loan cost rate, for reverse mortgage transactions. 12 CFR 1026.34 prohibits specific acts and practices in connection with high-cost mortgages, as defined in 12 CFR 1026.32(a). 12 CFR 1026.35 provides requirements for higherpriced mortgage loans. 12 CFR 1026.36 prohibits specific acts and practices in connection with an extension of credit secured by a dwelling. 12 CFR 1026.37 and 1026.38 set forth disclosure requirements for certain closed-end transactions secured by real property or cooperative unit, as required by 12 CFR 1026.19(e) and (f). General Rules – 12 CFR 1026.31 The requirements and limitations of this subpart are in addition to, and not in lieu of, those contained in other subparts of Regulation Z. The disclosures for high-cost, reverse mortgage, and higher-priced mortgage transactions must be made clearly and conspicuously in writing, in a form that the consumer may keep and in compliance with specific timing requirements. Requirements for High-Cost Mortgages – 12 CFR 1026.32 The requirements of this section generally apply to a high-cost mortgage, which is a consumer credit transaction secured by the consumer’s principal dwelling (subject to the exemptions discussed below) that meets any one of the following three coverage tests.

The APR will exceed the average prime offer rate (APOR), as defined in 12 CFR
1026.35(a)(2), applicable for a comparable transaction as of the date the interest rate is set by:
o More than 6.5 percentage points for first-lien transactions (other than as described below); o More than 8.5 percentage points for first-lien transactions where the dwelling is personal property and the loan amount is less than $50,000; or o More than 8.5 percentage points for subordinate-lien transactions.
The total points and fees (see definition below) for the transaction will exceed:
o For transactions with a loan amount of $20,000 or more, 5 percent of the total loan amount, with the loan amount to be adjusted annually on January 1 by the annual percentage change in the Consumer Price Index reported on the preceding June 1; or o For transactions with a loan amount of less than $20,000, the lesser of 8 percent of the total transaction amount or $1,000, with the loan amount to be adjusted annually on

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January 1 by the annual percentage change in the Consumer Price Index reported on the preceding June 1. The adjusted loan amounts will be reflected in official interpretations of 12 CFR 1026.32(a)(1)(ii). The official interpretation of 12 CFR 1026.32(a)(1)(ii) also contains a historical list of dollar amount adjustments for transactions originated prior to January 10, 2014. NOTE: The “total loan amount” (using the face amount of the note) for closed-end credit is calculated by taking the amount financed (See 12 CFR 1026.18(b)) and deducting any cost listed in 12 CFR 1026.32(b)(1)(iii), (iv), or (vi) that is both included in points and fees and financed by the creditor. The “total loan amount” for open-end credit is the credit plan limit when the account is opened.

The terms of the loan contract or open-end credit agreement permit the creditor to charge a
prepayment penalty (see definition below) more than 36 months after consummation or account opening, or prepayment penalties that exceed more than 2 percent of the amount prepaid (12 CFR 1026.32(a)(1)(iii)). NOTE: 12 CFR 1026.32(d)(6) prohibits prepayment penalties for high-cost mortgages. However, if a mortgage loan has a prepayment penalty that may be imposed more than 36 months after consummation or account opening or that is greater than 2 percent of the amount prepaid, the loan is a high-cost mortgage regardless of interest rate or fees. Therefore, the prepayment penalty coverage test above effectively bans transactions of the types subject to HOEPA coverage that permit creditors to charge prepayment penalties that exceed the prescribed limits. Exemptions from HOEPA Coverage – 12 CFR 1026.32(a)(2)
Reverse mortgage transactions subject to 12 CFR 1026.33;
A transaction that finances the initial construction of a dwelling;
A transaction originated by a Housing Finance Agency, where the Housing Finance Agency
is the creditor for the transaction; or
A transaction originated pursuant to the U.S. Department of Agriculture’s (USDA) Rural
Development Section 502 Direct Loan Program.
Determination of APR for High-Cost Mortgages – 12 CFR 1026.32(a)(3) The APR used to determine whether a mortgage is a high-cost mortgage is calculated differently from the APR that is used on TILA disclosures. Specifically, the APR for HOEPA coverage is based on the following:
If the APR will not vary during the length of the loan or credit plan (i.e., for fixed-rate
transactions), the interest rate in effect as of the date the interest rate for the transaction is set (12 CFR 1026.32(a)(3)(i));

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If the interest rate may vary during the term of the loan or credit plan in accordance with an
index, the interest rate that results from adding the maximum margin permitted at any time during the term of the loan or credit plan to the index rate in effect as of the date the interest rate for the transaction is set, or to the introductory interest rate, whichever is greater (12 CFR 1026.32(a)(3)(ii)); or
If the interest rate may or will vary during the term of the loan or credit plan other than as
described above (i.e., as in a step-rate transaction), the maximum interest rate that may be imposed during the life of the loan or credit plan (12 CFR 1026.32(a)(3)(iii)). Points and Fees for High-Cost Mortgages – 12 CFR 1026.32(b) NOTE: Points and fees calculations for high-cost mortgages depend upon whether the transaction is closed-end or open-end. For a closed-end transaction, calculate the points and fees by including the following charges (12 CFR 1026.32(b)(1)):
All items included in the finance charge under 12 CFR 1026.4(a) and (b), except that the
following items are excluded:
o Interest or the time-price differential; o Any premiums or other charges imposed in connection with a federal or state agency program for any guaranty or insurance that protects the creditor against the consumer’s default or other credit loss (i.e., up-front and annual Federal Housing Administration (FHA) premiums, U.S. Department of Veterans Affairs (VA) funding fees, and USDA guarantee fees); o Premiums or other charges for any guaranty or insurance that protects creditors against the consumer’s default or other credit loss and is not in connection with a federal or state agency program (i.e., private mortgage insurance (PMI) premiums) as follows:
 The entire amount of any premiums or other charges payable after consummation (i.e., monthly or annual PMI premiums); or  If the premium or other charge is payable at or before consummation, the portion of any such premium or other charge that is not in excess of the permissible up-front mortgage insurance premium for FHA loans, but only if the premium or charge is refundable on a pro rata basis and the refund is automatically issued upon the notification of the satisfaction of the underlying mortgage loan. The permissible upfront mortgage insurance premiums for FHA loans are published in HUD Mortgagee Letters, available online at:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/l etters/mortgagee.

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September 2020 TILA 90 o Bona fide third-party charges not retained by the creditor, loan originator, or an affiliate of either, unless the charge is required to be included under 12 CFR 1026.32(b)(1)(i)(C), (iii), or (v); o Up to two bona fide discount points payable by the consumer in connection with the transaction, provided that the interest rate without any discount does not exceed:
 The APOR for a comparable transaction by more than one percentage point; or  If the transaction is secured by personal property, the average rate for a loan insured under Title I of the National Housing Act by more than one percentage point; or o If no discount points have been excluded above, then up to one bona fide discount point payable by the consumer in connection with the transaction, provided that the interest rate without any discount does not exceed:
 The APOR for a comparable transaction by more than two percentage points; or  If the transaction is secured by personal property, the average rate for a loan insured under Title I of the National Housing Act by more than two percentage points. NOTE: In the case of a closed-end plan, a bona fide discount point means an amount equal to 1 percent of the loan amount paid by the consumer that reduces the interest rate or time-price differential applicable to the transaction based on a calculation that is consistent with established industry practices for determining the amount of reduction in the interest rate or time-price differential appropriate for the amount of discount points paid by the consumer (12 CFR 1026.32(b)(3)).

All compensation paid directly or indirectly by a consumer or creditor to a loan originator (as
defined in 12 CFR 1026.36(a)(1)) that can be attributed to the transaction at the time the interest rate is set unless:
o That compensation is paid by a consumer to a mortgage broker, as defined in 12 CFR 1026.36(a)(2), and already has been included in points and fees under 12 CFR 1026.32(b)(1)(i); o That compensation is paid by a mortgage broker, as defined in 12 CFR 1026.36(a)(2), to a loan originator that is an employee of the mortgage broker; o That compensation is paid by a creditor to a loan originator that is an employee of the creditor; or
All items listed in 12 CFR 1026.4(c)(7), other than amounts held for future taxes, unless all
of the following conditions are met:
o The charge is reasonable,

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September 2020 TILA 91 o The creditor receives no direct or indirect compensation in connection with the charge, and o The charge is not paid to an affiliate of the creditor.

Premiums or other charges paid at or before consummation, whether paid in cash or financed,
for any credit life, credit disability, credit unemployment, or credit property insurance, or for any other life, accident, health, or loss-of-income insurance for which the creditor is a beneficiary, or any payments directly or indirectly for any debt cancellation or suspension agreement or contract.
The maximum prepayment penalty that may be charged or collected under the terms of the
mortgage or credit plan.
The total prepayment penalty incurred by the consumer if the consumer refinances an
existing mortgage loan, or terminates an existing open-end credit plan in connection with obtaining a new mortgage loan, with a new mortgage transaction extended by the current holder of the existing loan, a servicer acting on behalf of the current holder, or an affiliate of either. For an open-end credit plan, points and fees mean the following charges that are known at or before account opening (12 CFR 1026.32(b)(2)):
All items included in the finance charge under 12 CFR 1026.4(a) and (b), except that the
following items are excluded:
o Interest or the time-price differential; o Any premiums or other charges imposed in connection with a federal or state agency program for any guaranty or insurance that protects the creditor against the consumer’s default or other credit loss (i.e., up-front and annual FHA premiums, VA funding fees, and USDA guarantee fees); o Premiums or other charges for any guaranty or insurance that protects creditors against the consumer’s default or other credit loss and is not in connection with a federal or state agency program (i.e., PMI premiums) as follows:
 If the premium or other charge is payable after account opening, the entire amount of such premium or other charge; or  If the premium or other charge is payable at or before account opening, the portion of any such premium or other charge that is not in excess of the permissible up-front mortgage insurance premium for FHA loans, but only if the premium or charge is refundable on a pro rata basis and the refund is automatically issued upon the notification of the satisfaction of the underlying mortgage loan. The permissible upfront mortgage insurance premiums for FHA loans are published in HUD Mortgagee

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Letters, available online at:
https://www.hud.gov/program_offices/administration/hudclips/letters/mortgagee o Bona fide third-party charges not retained by the creditor, loan originator, or an affiliate of either, unless the charge is required to be included under 12 CFR 1026.32(b)(2)(i)(C), (iii), or (iv); o Up to two bona fide discount points payable by the consumer in connection with the transaction, provided that the interest rate without any discount does not exceed:
 The APOR by more than one percentage point; or  If the transaction is secured by personal property, the average rate for a loan insured under Title I of the National Housing Act by more than one percentage point; or o If no discount points have been excluded above, then up to one bona fide discount point payable by the consumer in connection with the transaction, provided that the interest rate without any discount does not exceed:
 The APOR by more than two percentage points; or  If the transaction is secured by personal property, the average rate for a loan insured under Title I of the National Housing Act by more than two percentage points. NOTE: A bona fide discount point means an amount equal to 1 percent of the credit limit when the account is opened, paid by the consumer, that reduces the interest rate or timeprice differential applicable to the transaction based on a calculation that is consistent with established industry practices for determining the amount of reduction in the interest rate or time-price differential appropriate for the amount of discount points paid by the consumer (12 CFR 1026.32(b)(3)(ii)).

All compensation paid directly or indirectly by a consumer or creditor to a loan originator (as
defined in 12 CFR 1026.36(a)(1)) that can be attributed to the transaction at the time the interest rate is set unless:
o That compensation is paid by a consumer to a mortgage broker, as defined in 12 CFR 1026.36(a)(2), and already has been included in points and fees under 12 CFR 1026.36(b)(2)(i)); or o That compensation is paid by a mortgage broker as defined in 12 CFR 1026.36(a)(2) to a loan originator that is an employee of the mortgage broker; or o That compensation is paid by a creditor to a loan originator that is an employee of the creditor; or o That compensation is paid by a retailer of manufactured homes to its employee. NOTES:

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A person is not a loan originator if the person does not take a consumer credit application
or offer or negotiate credit terms available from a creditor to that consumer based on the consumer’s financial characteristics, but the person performs purely administrative or clerical tasks on behalf of a person who does engage in such activities. For purposes of 12 CFR 1026.36, “credit terms” include rates, fees, or other costs, and a consumer’s financial characteristics include any factors that may influence a credit decision, such as debts, income, assets, or credit history (12 CFR 1026.36(a)(6)).
A retailer of manufactured or modular homes, or an employee of such a retailer, who does
not receive compensation or gain for engaging in loan originator activities in excess of any compensation or gain received in a comparable cash transaction, and who does not directly negotiate with the consumer or lender on loan terms, is not a mortgage originator, provided the retailer or employee (as applicable) discloses to the consumer in writing any corporate affiliation with any creditor. Where the retailer has a corporate affiliation with any creditor, at least one unaffiliated creditor must also be disclosed (15 U.S.C. 1602(dd)(2)(C)(ii)). All items listed in 12 CFR 1026.4(c)(7), other than amounts held for future taxes, unless all of the following conditions are met:
o The charge is reasonable, o The creditor receives no direct or indirect compensation in connection with the charge, and o The charge is not paid to an affiliate of the creditor.
Premiums or other charges paid at or before account opening for any credit life, credit
disability, credit unemployment, or credit property insurance, or for any other life, accident, health, or loss-of-income insurance for which the creditor is a beneficiary, or any payments directly or indirectly for any debt cancellation or suspension agreement or contract.
The maximum prepayment penalty that may be charged or collected under the terms of the
credit plan.
The total prepayment penalty incurred by the consumer if the consumer refinances an
existing closed-end credit transaction with an open-end credit plan, or terminates an existing open-end credit plan in connection with obtaining a new open-end credit with the current holder of the existing transaction or plan, a servicer acting on behalf of the current holder, or an affiliate of either. In addition to the charges listed above, points and fees for open-end credit plans include the following items:
Fees charged for participation in the credit plan, payable at or before account opening, as
described in 12 CFR 1026.4(c)(4), and

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Any transaction fee that will be charged to draw funds on the credit line, as described in (12
CFR 1026.32(b)(2)(viii)).
Prepayment Penalty Definition – 12 CFR 1026.32(b)(6) For closed-end credit transactions, a prepayment penalty is a charge imposed for paying all or
part of the transaction’s principal before the date on which the principal is due, with limited
exceptions.
For open-end credit plans, a prepayment penalty is a charge imposed by the creditor if the consumer terminates the credit plan prior to the end of its term. NOTE: Waived, bona fide third-party charges that are later imposed if the closed-end transaction is prepaid or the consumer terminates the open-end credit plan sooner than 36 months after consummation or account opening are not considered prepayment penalties. NOTE: For closed-end transactions insured by the Federal Housing Administration and consummated before January 21, 2015, interest charged consistent with the monthly interest accrual amortization method is not a prepayment penalty, so long as the interest is charged consistent with the monthly interest accrual amortization method used for those loans (See Comment 32(b)(6)-1(iv)). High-Cost Mortgage Disclosures – 12 CFR 1026.32(c) In addition to the other disclosure requirements of Regulation Z, high-cost mortgages require certain additional information to be disclosed in conspicuous type size to consumers before consummation of the transaction or account opening. These disclosures include:
Notice to the consumer using the required language in 12 CFR 1026.32(c)(1);
The annual percentage rate (12 CFR 1026.32(c)(2));
Specified information concerning the regular or minimum periodic payment and the amount
of any balloon payment, if permitted under the high-cost mortgage limitations in 12 CFR 1026.32(d) (12 CFR 1026.32(c)(3)).
For variable-rate transactions, a statement that the interest and monthly payment may
increase, and the amount of the single maximum monthly payment based on the maximum interest rate required to be included in the contract (12 CFR 1026.32(c)(4)); and
The total amount borrowed for closed-end credit transactions or the credit limit for the plan
when the account is opened for an open-end credit plan (12 CFR 1026.32(c)(5)). NOTE: For closed-end credit transactions, if the amount borrowed includes charges to be financed under 12 CFR 1026.34(a)(10), this fact must be stated, grouped together with the disclosure of amount borrowed. The disclosure of the amount borrowed will be treated as accurate if it is not more than $100 above or below the amount required to be disclosed.

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High-Cost Mortgage Limitations – 12 CFR 1026.32(d) Certain loan terms, including negative amortization, interest rate increases after default, and prepayment penalties are prohibited for high-cost mortgages. Others, including balloon payments and due-on-demand clauses, are restricted.

Balloon payments, defined as payments that are more than two times a regular periodic
payment, are generally prohibited for high-cost mortgages (12 CFR 1026.32(d)(1)(i)). However, balloon payments are allowed in certain limited circumstances. o For closed-end transactions, balloon payments are permitted when (a) the loan has a payment schedule that is adjusted to seasonal or irregular income of the consumer; (b) the loan is a “bridge” loan made in connection with the purchase of a new dwelling and matures in 12 months or less; (c) the creditor is a small creditor operating in a rural or underserved area that meets the criteria set forth in 12 CFR 1026.43(f) for small creditor rural or underserved balloon-payment qualified mortgages; or, (d) until April 1, 2016, the creditor is a small creditor that meets the criteria set forth in 1026.43(e)(6)) for temporary balloon-payment qualified mortgages (12 CFR 1026.32(d)(1)(ii)). o For an open-end credit plan where the terms of the plan provide for a draw period where no payment is required, followed by a repayment period where no further draws may be taken, the initial payment required after conversion to the repayment phase of the credit plan is not considered a “balloon” payment. However, if the terms of an open-end credit plan do not provide for a separate draw period and repayment period, the balloon payment limitation applies (12 CFR 1026.32(d)(1)(iii)).
Acceleration clauses or demand features are limited and may only permit creditors to
accelerate and demand repayment of the entire outstanding balance of a high-cost mortgage if:
o There is fraud or material misrepresentation by the consumer in connection with the loan (12 CFR 1026.32(d)(8)(i)); o The consumer fails to meet the repayment terms of the agreement for any outstanding balance that results in a default on the loan (12 CFR 1026.32(d)(8)(ii)); or o There is any action (or inaction) by the consumer that adversely affects the rights of the creditor’s security interest for the loan, such as the consumer failing to pay required taxes on the property (12 CFR 1026.32(d)(8)(iii) and Comments 32(d)(8)(iii)-1 and -2). Prohibited Acts or Practices in Connection with High-Cost Mortgages – 12 CFR 1026.34 In addition to the requirements in 12 CFR 1026.32, Regulation Z imposes additional requirements for high-cost mortgages, several of which are discussed below.

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Refinancing Within One Year – 12 CFR 1026.34(a)(3) A creditor or assignee cannot refinance a consumer’s high-cost mortgage into a second high-cost mortgage within the first year of the origination of the first loan, unless the second high-cost mortgage is in the consumer’s interest. Repayment Ability for High-Cost Mortgages – 12 CFR 1026.34(a)(4) Among other requirements, a creditor extending high-cost mortgage credit subject to 12 CFR
1026.32 must not make such loans without regard to the consumer’s repayment ability as of
consummation or account opening as applicable (12 CFR 1026.34(a)(4)).
For closed-end credit transactions that are high-cost mortgages, 12 CFR 1026.34(a)(4) requires a creditor to comply with the repayment ability requirements set forth in 12 CFR 1026.43. For open-end credit plans that are high-cost mortgages, a creditor may not open a credit plan for a consumer where credit is or will be extended without regard to the consumer’s repayment ability as of account opening, including the consumer’s current and reasonably expected income, employment, assets other than the collateral, and current obligations, including any mortgagerelated obligations.

For the purposes of these open-end requirements, mortgage-related obligations include,
among other things, property taxes, premiums and fees for mortgage-related insurance that are required by the creditor, fees and special assessments such as those imposed by a condominium association, and similar expenses required by another credit obligation undertaken prior to or at account opening and secured by the same dwelling that secures the high-cost mortgage transaction (12 CFR 1026.34(a)(4)(i)).
A creditor must also verify both current obligations and the amounts of income or assets that
it relies on to determine repayment ability using W-2s, tax returns, payroll receipts, financial institution records, or other third-party documents that provide reasonably reliable evidence of the consumer’s income or assets (12 CFR 1026.34(a)(4)(ii)). For open-end high-cost mortgages, a presumption of compliance is available, but only if the creditor:
Verifies the consumer’s repayment ability as required under 12 CFR 1026.34(a)(4)(ii));
Determines the consumer’s repayment ability taking into account current obligations and
mortgage-related obligations, using the largest required minimum periodic payment based on the assumptions that:
o The consumer borrows the full credit line at account opening with no additional extensions of credit; o The consumer makes only required minimum periodic payments during the draw period and any repayment period; and

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September 2020 TILA 97 o If the APR can increase, the maximum APR that is included in the contract applies to the plan at account opening and will apply during the draw and any repayment period (12 CFR 1026.34(a)(4)(iii)(B)).

Assesses the consumer’s repayment ability, taking into account either the ratio of total debts
to income or the income the consumer will have after paying current obligations (12 CFR 1026.34(a)(4)(iii)(C)). NOTE: No presumption of compliance will be available for an open-end high-cost mortgage transaction in which the regular periodic payments, when aggregated, do not fully amortize the outstanding principal balance except for transactions with balloon payments permitted under (12 CFR 1026.32(d)(1)(ii)). High-Cost Mortgage Pre-Loan Counseling – 12 CFR 1026.34(a)(5) Creditors that originate high-cost mortgages must receive written certification that the consumer has obtained counseling on the advisability of the mortgage from a counselor approved by HUD, or if permitted by HUD, a state housing finance authority (specific content for the certifications can be found in (12 CFR 1026.34(a)(5)(iv)). Counseling must occur after the consumer receives a good faith estimate or initial TILA disclosure required by 12 CFR 1026.40 (or, for transactions where neither of those disclosures are provided, the disclosures required by (12 CFR 1026.32(c)). Additionally, counseling cannot be provided by a counselor who is employed by, or affiliated with, the creditor. A creditor may pay the fees for counseling but is prohibited from conditioning the payment of fees upon the consummation of the mortgage transaction or, if the consumer withdraws his or her application, upon receipt of the certification. However, a creditor may confirm that a counselor provided counseling to the consumer prior to paying these fees. Finally, a creditor is prohibited from steering a consumer to a particular counselor. Recommended Default – 12 CFR 1026.34(a)(6) Creditors (and mortgage brokers) are prohibited from recommending or encouraging a consumer to default on an existing loan or other debt prior to, and in connection with, the consummation or account opening of a high-cost mortgage that refinances all or any portion of the existing loan or debt. Loan Modification and Deferral Fees – 12 CFR 1026.34(a)(7) Creditors, successors in interest, assignees, or any agents of these parties may not charge a consumer any fee to modify, renew, extend, or amend a high-cost mortgage, or to defer any payment due under the terms of the mortgage. Late Fees – 12 CFR 1026.34(a)(8) Late payment charges for a high-cost mortgage must be permitted by the terms of the loan contract or open-end agreement and may not exceed 4 percent of the amount of the payment that is past due. Late payment charges are permitted only if payment is not received by the end of the

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15-day period beginning on the day the payment is due or, where interest on each installment is paid in advance, by the end of the 30-day period beginning on the day the payment is due. Creditors are also prohibited from “pyramiding” late fees – that is, charging late payments if any delinquency is attributable only to a late payment charge that was imposed due to a previous late payment, and the payment otherwise is considered a full payment for the applicable period (and any allowable grace period). If a consumer fails to make a timely payment by the due date then subsequently resumes making payments but has not paid all past due payments, the creditor can continue to impose late payment charges for the payments outstanding until the default is cured. Fees for Payoff Statements – 12 CFR 1026.34(a)(9) A creditor or servicer may not charge a fee for providing consumers (or authorized representatives) with a payoff statement on a high-cost mortgage. Payoff statements must be provided to consumers within five business days after receiving the request for a statement. A creditor or servicer may charge a processing fee to cover the cost of providing the payoff statement by fax or courier only, provided that such fee may not exceed an amount that is comparable to fees imposed for similar services provided in connection with a non-high-cost mortgage and that a payoff statement be made available to the consumer by an alternative method without charge. If a creditor charges a fee for providing a payoff statement by fax or courier, the creditor must disclose the fee prior to charging the consumer and must disclose to the consumer that other methods for providing the payoff statement are available at no cost. Finally, a creditor is permitted to charge a consumer a reasonable fee for additional payoff statements during a calendar year in which four payoff statements have already been provided without charge other than permitted processing fees. Reverse Mortgages – 12 CFR 1026.33 A reverse mortgage is a non-recourse transaction secured by the consumer’s principal dwelling that ties repayment (other than upon default) to the homeowner’s death or permanent move from, or transfer of the title of, the home. Special disclosure requirements apply to reverse mortgages. Higher-Priced Mortgage Loans – 12 CFR 1026.35(a) A mortgage loan subject to 12 CFR 1026.35 (higher-priced mortgage loan) is a closed-end consumer credit transaction secured by the consumer’s principal dwelling with an APR that exceeds the average prime offer rate for a comparable transaction as of the date the interest rate is set by:

1.5 or more percentage points for loans secured by a first lien on a dwelling where the
amount of the principal obligation at the time of consummation does not exceed the maximum principal obligation eligible for purchase by Freddie Mac;
2.5 or more percentage points for loans secured by a first lien on a dwelling, where the
amount of the principal obligation at the time of consummation exceeds the maximum principal obligation eligible for purchase by Freddie Mac; or

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3.5 or more percentage points for loans secured by a subordinate lien on a dwelling.
Average prime offer rate means an APR that is derived from average interest rates, points, and other loan pricing terms currently offered to consumers by a representative sample of creditors for mortgage transactions that have low-risk pricing characteristics. The CFPB publishes average prime offer rates for a broad range of types of transactions in a table updated at least weekly, as well as the methodology it uses to derive these rates. These rates are available on the website of the Federal Financial Institutions Examination Council (FFIEC). http://www.ffiec.gov/ratespread/newcalchelp.aspx Additionally, creditors extending mortgage loans subject to 12 CFR 1026.43(c) must verify a consumer’s ability to repay as required by (12 CFR 1026.43(c)). Finally, the regulation prohibits creditors from structuring a home-secured loan that does not meet the definition of open-end credit as an open-end plan to evade these requirements. Higher-Priced Mortgage Loans Escrow Requirement – 12 CFR 1026.35(b) In general, a creditor may not extend a higher-priced mortgage loan (including high-cost mortgages that also meet the definition of a higher-priced mortgage loan), secured by a first lien on a principal dwelling unless an escrow account is established before consummation for payment of property taxes and premiums for mortgage-related insurance required by the creditor. An escrow account for a higher-priced mortgage loan need not be established for:
A transaction secured by shares in a cooperative,
A transaction to finance the initial construction of a dwelling,
A temporary or “bridge” loan with a term of 12 months or less, or
A reverse mortgage subject to 12 CFR 1026.33.
There is also a limited exemption that allows creditors to establish escrow accounts for property taxes only (rather than for both property taxes and insurance) for loans secured by dwellings in a “common interest community” under 12 CFR 1026.35(b)(2)(ii), where dwelling ownership requires participation in a governing association that is obligated to maintain a master insurance policy insuring all dwellings (12 CFR 1026.35(b)(2)(ii)). An exemption to the higher-priced mortgage loan escrow requirement is available for first-lien higher-priced mortgage loans made by certain creditors that operate in a “rural” or “underserved” area (12 CFR 1026.35(b)(2)(iii) and its associated commentary). To make use of this exemption, a creditor:

Must have made, during the preceding calendar year (or if the application for the transaction
was received before April 1 of the current calendar year, during either of the two preceding

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September 2020 TILA 100 calendar years), a covered transaction secured by a first lien on a property that is located in an area that meets the definition of either “rural” or “underserved” as set forth in (12 CFR 1026.35(b)(2)(iv)); 33
2. Together with its affiliates, must not have extended more than 2,000 covered transactions
(secured by first liens, that were sold, assigned, or otherwise transferred to another person or subject at the time of consummation to a commitment to be acquired by another person) in the preceding calendar year (or if the application for the transaction was received before April 1 of the current calendar year, during either of the two preceding calendar years);
3. Together, with its affiliates that regularly extended34 covered transactions (secured by first
liens), must have had less than $2 billion in total assets35 as of the preceding December 31 (or if an application was received before April 1 of the current year, as of either of the two preceding December 31sts); and
4. The creditor and its affiliates must not maintain escrow accounts for any extensions of
consumer credit secured by real property or a dwelling that the creditor or its affiliate currently services. However, such creditors (and their affiliates) are permitted to maintain escrow accounts established to comply with the rule for applications received on or after April 1, 2010, and before May 1, 2016, without losing the exemption and to offer an escrow account to accommodate distressed borrowers. For first-lien higher-priced mortgage loans originated by a creditor that would not be required to establish an escrow account based on the above exemption, if that creditor has obtained a commitment for a higher-priced mortgage loan to be acquired by another company that is not eligible for the exemption, an escrow account must be established. Since an escrow account will be established for this loan, however, note that if the creditor that has obtained a commitment for the higher-priced mortgage loan to be acquired by a non-exempt company would like to remain eligible for the exemption above, neither the creditor nor its affiliates can service the loan on or beyond the second periodic payment under the terms of the loan. 33 The regulation defines these two terms in 12 CFR 1026.35(b)(2)(iv)(A) and (B). A rural area is a county that is neither in a metropolitan statistical area or a micropolitan statistical area that is adjacent to a metropolitan statistical area; or a census block that is not in an urban area, as defined by the U.S. Census Bureau using the latest decennial census of the United States; or a county or a census block that has been designated as “rural” by the CFPB pursuant to the application process established in 2016. See Application Process for Designation of Rural Area under Federal Consumer Financial Law; Procedural Rule, 81 FR 11099 (March 3, 2016). The provisions related to the application process ceased to have any force or effect on December 4, 2017 (12 CFR 1026.35(b)(2)(iv)(A)(3)). An underserved area is a county defined by using Home Mortgage Disclosure Act data for the preceding year to determine whether it is a county in which no more than two creditors extended covered transactions secured by first liens on properties in the county five or more times. A property is in a rural or underserved area for a particular year if it is listed as a rural or underserved county by the CFPB, is identified as in a rural or underserved area by any automated tool on the CFPB’s website or is not designated as located in an urban area in the most recent delineation of urban areas announced by the Census Bureau by any automated address search tool that the Census Bureau provides on its public website for that purpose. 34 See Comment 35(b)(2)(iii)-1.iii for discussion of “regularly extended” as it applies to affiliates in 12 CFR 1026.35(b)(2)(iii)(C). 35 The asset threshold is adjusted automatically each year, based on the year-to-year change in the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers.

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A creditor or servicer may cancel an escrow account only upon the earlier of termination of the underlying loan, or a cancellation request from the consumer five years or later after consummation. However, a creditor or servicer is not permitted to cancel an escrow account, even upon request from the consumer, unless the unpaid principal balance of the higher-priced mortgage loan is less than 80 percent of the original value of the property securing the loan and the consumer is not currently delinquent or in default on the loan (12 CFR 1026.35(b)(3)). Higher-Priced Mortgage Loans Appraisal Requirement – 12 CFR 1026.35(c)36 General Requirements, Exception, and Safe Harbor A creditor may not extend a higher-priced mortgage loan without first obtaining a written appraisal of the property to be mortgaged. The appraisal must be performed by a state-certified or licensed appraiser (defined in part as an appraiser who conducts the appraisal in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) and the requirements applicable to appraisers in Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and its implementing regulations). The appraisal must include a physical visit of the interior of the dwelling. The appraisal requirements do not apply to:

Qualified mortgages (QM) under 12 CFR 1026.43 or under rules on qualified mortgages
adopted by HUD, VA, or USDA, including mortgages that meet the QM criteria for these rules and are insured, guaranteed, or administered by those agencies;
An extension of credit equal to or less than the applicable threshold amount that is published
in the official staff commentary to the regulation, which is adjusted every year as applicable to reflect increases in the Consumer Price Index for Urban Wage Earners and Clerical Workers; 37
A transaction secured by a mobile home, boat, or trailer;
A transaction to finance the initial construction of a dwelling;
A loan with maturity of 12 months or less, if the purpose of the loan is a “bridge” loan
connected with the acquisition of a dwelling intended to become the consumer’s principal dwelling;
A reverse mortgage transaction subject to 12 CFR 1026.33;
36 The higher-priced mortgage loans appraisal requirement was adopted pursuant to an interagency rulemaking conducted by the Board of Governors of the Federal Reserve System (Board), the CFPB, the Federal Deposit Insurance Corporation (FDIC), the FHFA, the NCUA, and the Office of Comptroller of the Currency (OCC). The Board codified the rule at 12 CFR 226.43, and the OCC codified the rule at 12 CFR Part 34. There is no substantive difference among these three sets of rules. 37 From January 1, 2015, through December 31, 2015, the threshold amount was $25,500. See Comment 35(c)(2)(ii) – 3. Effective January 1, 2020, to December 31, 2020, the threshold is $27,200; 84 Fed. Reg. 58013 (October 30, 2019).

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A refinancing secured by a first lien, as defined in 12 CFR 1026.20(a) (except that the
creditor need not be the original creditor or a holder or servicer of the original obligation), provided that the refinancing meets the following criteria:
o The credit risk of the refinancing is retained by the person who held the credit risk of the existing obligation and there is no commitment, at consummation, to transfer the credit risk to another person; or, the refinancing is insured or guaranteed by the same federal government agency that insured or guaranteed the existing obligation; o The regular periodic payments under the refinance loan do not:
 Cause the principal balance to increase,
 Allow the consumer to defer repayment of principal, or  Result in a balloon payment, as defined in (12 CFR 1026.18(s)(5)(i)). o The proceeds from the refinancing are used solely to satisfy the existing obligation and amounts attributed solely to the costs of the refinancing.
A transaction secured by a manufactured home under the following conditions:38
o If the transaction is for a new manufactured home and land, the exemption shall only apply to the requirement that the appraiser conduct a physical visit of the interior of the new manufactured home. o If the transaction is for a manufactured home and not land, for which the creditor obtains one of the following and provides a copy to the consumer no later than three business days prior to consummation of the transaction:
 For a new manufactured home, the manufacturer’s invoice for the manufactured home securing the transaction, provided that the date of manufacture is no earlier than 18 months prior to the creditor’s receipt of the consumer’s application for credit;  A cost estimate of the value of the manufactured home securing the transaction obtained from an independent cost service provider; or  A valuation, as defined in 12 CFR 1026.42(b)(3), of the manufactured home performed by a person who has no direct or indirect interest, financial or otherwise, in the property or transaction for which the valuation is performed and has training in valuing manufactured homes. o Transactions secured by an existing (used) manufactured home and land are not exempt from the appraisal requirement. 38 Prior to July 18, 2015, appraisal requirements do not apply to transactions secured in whole or in part by a manufactured home (12 CFR 1026.35(c)(2)). This section describes how the exemption will work under an amendment to the rule that takes effect on July 18, 2015.

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A creditor may obtain a safe harbor for compliance with 12 CFR 1026.35(c)(3)(i) by ordering that the appraisal be completed in conformity with USPAP and the requirements applicable to appraisers in Title XI of FIRREA and its implementing regulations, verifying that the appraiser is certified or licensed through the National Registry; and confirming that the written appraisal contains the elements listed in Appendix N of Regulation Z. In addition, the creditor must have no actual knowledge that the facts or certifications contained in the appraisal are inaccurate (12 CFR 1026.35(c)(3)(ii)). Additional Appraisals The appraisal provisions in 12 CFR 1026.35(c) also require creditors to obtain an additional written appraisal before extending a higher-priced mortgage loan in two instances:

First, when the dwelling that is securing the higher-priced mortgage loan was acquired by the
seller 90 or fewer days prior to the consumer’s agreement to purchase the property and the price of the property has increased by more than 10 percent.
Additionally, when the dwelling was acquired by the seller between 91 and 180 days prior to
the consumer’s agreement to purchase the property, and the price of the property has increased by more than 20 percent. A creditor must obtain an additional interior appraisal meeting the same requirements as the first appraisal (written report by a certified or licensed appraiser in compliance with USPAP and the FIRREA based upon an interior property visit), unless the creditor can demonstrate, by exercising reasonable diligence, that the circumstances necessitating an additional appraisal do not apply. A creditor can meet the reasonable diligence requirement if it bases its determination on information contained in certain written source documents (such as a copy of the seller’s recorded deed or a copy of a property tax bill) (See Appendix O of Regulation Z). If, after exercising reasonable diligence, the creditor is unable to determine whether the circumstances necessitating an additional appraisal apply, the creditor must obtain an additional appraisal. If the creditor is required to obtain an additional written appraisal, the two required appraisals must be conducted by different appraisers. Each appraisal obtained must include a physical visit of the interior of the dwelling. In instances where two appraisals are required, creditors are allowed to charge for only one of the two appraisals. One of the two required written appraisals must contain an analysis of the difference between the price at which the seller obtained the property and the price the consumer agreed to pay to acquire the property, an analysis of changes in market conditions between when the seller acquired the property and when the consumer agreed to purchase the property, and a review of improvements made to the property between the two dates. The higher-priced mortgage loan additional appraisal requirements do not apply to the extension of credit that finances the acquisition of a property:
From a local, state, or federal government agency;

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From a person who acquired title to the property through foreclosure, deed-in-lieu of
foreclosure, or other similar judicial or non-judicial procedures as a result of the person’s exercise of rights as the holder of a defaulted mortgage;
From a nonprofit entity as part of a local, state, or federal government program permitted to
acquire single-family properties for resale from a person who acquired title through foreclosure, deed-in-lieu of foreclosure, or other similar judicial or non-judicial procedures;
From a person who acquired title to the property by inheritance or by court order as a result
of a dissolution of marriage, civil union, or domestic partnership, or of partition of joint or marital assets;
From an employer or relocation agency in connection with the relocation of an employee;
From a servicemember who received a deployment or permanent change-of-station order
after the servicemember purchased the property;
Located in a federal disaster area if the requirements of Title XI of FIRREA have been
waived by the federal financial institutions regulatory agencies for as long as that waiver would apply; or
Located in a rural county as defined by the CFPB in 12 CFR 1026.35(b)(2)(iv)(A).
Application Disclosures and Copy of Appraisal
Finally, creditors must provide consumers who apply for a loan covered by the appraisal requirements in 12 CFR 1026.35(c) with a disclosure providing information relating to appraisals. A creditor must provide consumers with disclosures no later than the third business day after the creditor receives an application for a higher-priced mortgage loan, or no later than the third business day after the loan requested becomes a higher-priced mortgage loan. Additionally, a creditor must provide, at no cost to the consumer, a copy of each written appraisal performed in connection with a loan covered by the appraisal requirements in 12 CFR 1026.35(c) no later than three business days prior to consummation or, if the loan will not be consummated, no later than 30 days after the creditor determines that the loan will not be consummated. 39 39 Creditors may use the disclosure required under the Equal Credit Opportunity Act (ECOA) valuations rule to satisfy the disclosure requirements of the higher-priced mortgage loans appraisal rule for loans covered by both. After October 3, 2015, the new Loan Estimate model form appraisal language required by the TILA-RESPA Integrated Disclosure Rule (12 CFR 1026.37(m)(1)(iii)) will meet the requirements of both the ECOA valuations rule (12 CFR 1002.14(a)(2)) and the higher-priced mortgage loans appraisal rule.

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Prohibited Acts or Practices in Connection with Credit Secured by a Consumer’s Dwelling – 12 CFR 1026.36 Loan Originator – 12 CFR 1026.36(a) The term “loan originator” means a person who, in expectation of direct or indirect compensation or other monetary gain or for direct or indirect compensation or other monetary gain, performs any of the following activities:

Takes an application, offers, arranges, assists a consumer in obtaining or applying to obtain,
negotiates, or otherwise obtains or makes an extension of consumer credit for another person; or
Through advertising or other means of communication represents to the public that such
person can or will perform any of these activities.
The term “loan originator” includes an employee, agent, or contractor of the creditor or loan originator organization if the employee, agent, or contractor meets this definition. The term “loan originator” also includes a creditor that engages in loan origination activities if the creditor does not finance the transaction at consummation out of the creditor’s own resources, including by drawing on a bona fide warehouse line of credit or out of deposits held by the creditor. The term “loan originator” does not include:
A person who performs purely administrative or clerical tasks on behalf of a person who
takes applications or offers or negotiates credit terms;
A retailer of manufactured or modular homes, or an employee of such a retailer, who does not
receive compensation or gain for engaging in loan originator activities in excess of any compensation or gain received in a comparable cash transaction, and who does not directly negotiate with the consumer or lender on loan terms (including rates, fees, and other costs), if such retailer or employee (as applicable) discloses to the consumer in writing any corporate affiliation with any creditor. Where the retailer has a corporate affiliation with any creditor, at least one unaffiliated creditor must also be disclosed (15 U.S.C. 1602(dd)(2)(C)(ii));
A person who performs only real estate brokerage activity and is licensed or registered in
accordance with applicable state law, unless that person is compensated by a creditor or loan originator for a consumer credit transaction subject to (12 CFR 1026.36);
A seller financer that meets the criteria established in (12 CFR 1026.36(a)(4) or (a)(5)); or
A servicer, or a servicer’s employees, agents, and contractors who offer or negotiate the
terms of a mortgage for the purpose of renegotiating, modifying, replacing, or subordinating principal of an existing mortgage where consumers are behind in their payments, in default, or have a reasonable likelihood of becoming delinquent or defaulting. This exception does

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September 2020 TILA 106 not, however, apply to such persons if they refinance a mortgage or assign a mortgage to a different consumer. An “individual loan originator” is a natural person who meets the definition of “loan originator”. Finally, a “loan originator organization” is any loan originator that is not an individual loan originator. A loan originator organization would include banks, thrifts, finance companies, credit unions, and mortgage brokers. Prohibited Loan Originator Compensation: Payments Based on a Term of a Transaction – 12 CFR 1026.36(d)(1) With limited exceptions, loan originators cannot receive (and no person can pay directly or indirectly), compensation in connection with closed-end consumer credit transactions secured by a dwelling based on a term of a transaction, the terms of multiple transactions, or the terms of multiple transactions by multiple individual loan originators. The loan originator compensation provisions do not apply to open-end home-equity lines of credit or to credit secured by a consumer’s interest in a timeshare plan described in 11 U.S.C. 101(53D). A “term of a transaction” is any right or obligation of the parities to a credit transaction. The amount of credit extended is not a term of a transaction, provided that such compensation is based on a fixed percentage of the amount of credit extended (but may be subject to a minimum or maximum dollar amount). NOTE: A review of whether compensation, which includes salaries, commissions, and any financial or similar incentive, is based on the terms of a transaction requires an objective analysis. If compensation would have been different if a transaction term had been different, then the compensation is prohibited. The regulation does not prevent compensating loan originators differently on different transactions, provided the difference is not based on a term of a transaction or on a proxy for a term of a transaction (a factor that consistently varies with a term or terms of the transaction over a significant number of transactions and which the loan originator has the ability to manipulate). An individual loan originator may receive (and a person may pay):

Compensation in the form of a contribution to a defined contribution plan that is a designated
tax-advantage plan unless the contribution is tied to the terms of the individual’s transaction(s) (12 CFR 1026.36.(d)(1)(iii));
Compensation in the form of a benefit under a defined benefit plan that is a designated taxadvantaged plan (12 CFR 1026.36(d)(1)(iii));
Compensation under a non-deferred profits-based compensation plan provided that:
o The compensation paid to an individual loan originator is not directly or indirectly based on the terms of the individual’s transaction(s); and o Either:

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 The compensation paid to the individual loan originator does not exceed 10 percent (in aggregate) of the individual loan originator’s total compensation corresponding to the time period for which the compensation under the non-deferred profits-based compensation plan is paid; or  The individual loan originator was the loan originator of 10 or fewer transactions during the 12 months preceding the date that the compensation was determined (12 CFR 1026.36(d)(1)(iv)). For more information pertaining to permissible compensation, see the commentary to (12 CFR 1026.36(d)). 40 Prohibited Loan Originator Compensation: Dual Compensation – 12 CFR 1026.36(d)(2) Loan originators that receive compensation directly from consumers in consumer credit transactions secured by a dwelling (except for open-end home-equity lines of credit or to loans secured by a consumer’s interest in a timeshare plan) may not receive additional compensation directly or indirectly from any other person in connection with that transaction (12 CFR 1026.36(d)(1)(i)(A)(1)). This prohibition includes compensation received from a third party to the transaction to pay for some or all of the consumer’s costs (12 CFR 1026.36(d)(1)(i)(B)). Further, a person is prohibited from compensating a loan originator when that person “knows or has reason to know” that the consumer has paid compensation to the loan originator (12 CFR 1026.36(d)(2)(i)(A)(2)). However, even if a loan originator organization receives compensation directly from a consumer, the organization can compensate the individual loan originator, subject to 12 CFR 1026.36(d)(1) (12 CFR 1026.36(d)(2)(i)(C)). Prohibition on Steering – 12 CFR 1026.36(e) Loan originators are prohibited from directing or “steering” consumers to loans based on the fact that the originator will receive greater compensation for the loan from the creditor than in other transactions that the originator offered or could have offered to the consumer, unless the consummated transaction is in the consumer’s interest. A loan originator complies with the prohibition on steering (but not the loan originator compensation provisions) by obtaining loan options from a significant number of the creditors with which the loan originator regularly does business and, for each loan type in which the consumer has expressed interest, presenting the consumer with loan options for which the loan originator believes in good faith the consumer likely qualifies, provided that the presented loan options include all of the following:

The loan with the lowest interest rate;
40 In addition to the requirements listed here, 12 CFR 1026.25(c) imposes specific record retention requirements for creditors and loan originator organizations that compensate loan originators.

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The loan with the lowest interest rate without certain enumerated risky features (such as
prepayment penalties, negative amortization, or a balloon payment in the first seven years); and
The loan with the lowest total dollar amount of discount points, origination points or
origination fees (or, if two or more loans have the same total dollar amount of discount points, origination points or origination fees, the loan with the lowest interest rate that has the lowest total dollar amount of discount points, origination points or origination fees). The anti-steering provisions do not apply to open-end home-equity lines of credit or to loans secured by a consumer’s interest in a timeshare plan. Loan Originator Qualification Requirements – 12 CFR 1026.36(f) Individual loan originators and loan originator organizations must, when required under state or federal law, be registered and licensed under those laws, including the Safe and Fair Enforcement for Mortgage Licensing Action of 2008 (SAFE Act).41 Loan originator organizations other than government agencies or state housing finance agencies must:
Comply with all applicable state law requirements for legal existence and foreign
qualification (12 CFR 1026.36(f)(1)); and
Ensure that each individual loan originator who works for the loan originator organization
(e.g., an employee, under a brokerage agreement) is licensed or registered to the extent that the individual is required to be licensed or registered under the SAFE Act or excluded from those requirements because the individual is authorized to act with temporary authority pursuant to 12 U.S.C. 5117 prior to acting as a loan originator in a consumer credit transaction secured by a dwelling (12 CFR 1026.36(f)(2)). The requirements are different for loan originator organizations whose employees are not required to be licensed and are not licensed pursuant to 12 CFR 1008.103 or state SAFE Act implementing laws (including employees of depository institutions and bona fide nonprofits). For their employees hired on or after January 1, 2014 (or hired before this date but not subject to any statutory or regulatory background standards at the time, or for any individual loan originators regardless of when hired that the organization believes, based on reliable information do not meet the qualification standards), loan originator employers must obtain before the individual acts as a loan originator in a consumer credit transaction secured by a dwelling:
A criminal background check through the Nationwide Mortgage Licensing System and
Registry (NMLSR) or, in the case of an individual loan originator who is not a registered loan originator under NMLSR, a criminal background check from a law enforcement agency or commercial service (12 CFR 1026.36(f)(3)(i)(A)); 41 12 CFR 1026.36(f) applies to closed-end consumer credit transactions secured by a dwelling except a loan that is secured by a consumer’s interest in a timeshare plan described in 11 U.S.C. 101(53D). For purposes of 12 CFR 1026.36(f), a loan originator includes all creditors that engage in loan origination activities, not just those who table fund.

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A credit report from a consumer reporting agency (as defined in section 603(p) of the Fair
Credit Reporting Act (FCRA)) secured, where applicable, in compliance with section 604(b) of FCRA (12 CFR 1026.36(f)(3)(i)(B)); and
Information from the NMLSR about any administrative, civil, or criminal findings by any
government jurisdiction or, in the case of an individual loan originator who is not a registered loan originator under the NMLSR, such information from the individual loan originator (12 CFR 1026.36(f)(3)(i)(C)). Based on the information obtained above and any other information reasonably available, the loan originator employer must determine for such an employee prior to allowing the individual to act as a loan originator in a consumer credit transaction secured by a dwelling:
That the individual has not been convicted of, or pleaded guilty or nolo contendere to, a
felony in a domestic or military court during the preceding seven-year period or, in the case of a felony involving an act of fraud, dishonesty, a breach of trust, or money laundering, at any time (12 CFR 1026.36(f)(3)(ii)(A)(1)); and NOTE: Whether the conviction of a crime is considered a felony is determined by whether the conviction was classified as a felony under the law of the jurisdiction under which the individual is convicted. Additionally, a loan originator organization may employ an individual with a felony conviction (or a plea of nolo contendere) as a loan originator if that individual has received consent from the FDIC or the Board, as applicable, the NCUA, or the Farm Credit Administration (FCA) under their own applicable statutory authority (12 CFR 1026.36(f)(3)(iii)).
Has demonstrated financial responsibility, character, and general fitness such as to warrant a
determination that the individual loan originator will operate honestly, fairly, and efficiently. The loan originator organization must also provide periodic training to each such employee that covers federal and state legal requirements that apply to the individual loan originator’s loan origination activities. The SAFE Act provides certain loan originators with temporary authority to act as loan originators while applying for a state-loan originator license (12 U.S.C. 5117). If an individual loan originator may act as a loan originator with temporary authority under 12 U.S.C. 5117, the loan originator organization is not required to comply with the screening and training requirements described in (12 CFR 1026.36(f)(3)). 42 42 Truth in Lending (Regulation Z); Screening and Training Requirements for Mortgage Loan Originators with Temporary Authority, 84 Fed. Reg. 63791 (November 19, 2019).

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Name and NMLSR ID on Loan Documentation – 12 CFR 1026.36(g) 12 CFR 1026.36(g) applies to closed-end consumer credit transactions secured by a dwelling except a loan that is secured by a consumer’s interest in a timeshare plan described in (11 U.S.C. 101(53D)). For purposes of 12 CFR 1026.36(g), a loan originator includes all creditors that engage in loan origination activities, not just those who table fund. For consumer credit transactions secured by a dwelling, loan originator organizations must include certain identifying information on loan documentation provided to consumers. The loan documents must include the loan originator organization’s name, NMLSR ID (if applicable), and the name of the individual loan originator that is primarily responsible for the origination as it appears in the NMLSR, as well as the individual’s NMLSR ID. This information is required on credit applications, the Loan Estimate, the Closing Disclosure, the note or loan contract, and the documents securing an interest in the property. Policies and Procedures to Ensure and Monitor Compliance – 12 CFR 1026.36(j) Depository institutions (including credit unions) must establish and maintain written policies and procedures reasonably designed to ensure and monitor compliance of the depository institution, its employees, and its subsidiaries and their employees with the requirements of 12 CFR 1026.36(d) (prohibited payments to loan originators), 12 CFR 1026.36(e) (prohibition on steering), 12 CFR 1026.36(f) (loan originator qualifications), and 12 CFR 1026.36(g) (name and NMLSR ID on loan documents). The written policies and procedures must be appropriate to the nature, size, complexity, and scope of the mortgage lending activities of the depository and its subsidiaries (12 CFR 1026.36(j)). Prohibition on Mandatory Arbitration or Waivers of Certain Consumer Rights – 12 CFR 1026.36(h) A contract or other agreement for a consumer credit transaction secured by a dwelling (including a home equity line of credit secured by the consumer’s principal dwelling) may not include terms that require mandatory arbitration or any other non-judicial procedure to resolve any controversy arising out of the transaction. Also, a contract or other agreement relating to such a consumer credit transaction may not be applied or interpreted to bar a consumer from bringing a claim in court under any provision of law for damages or other relief in connection with an alleged violation of any federal law. However, a creditor and a consumer could agree, after a dispute or claim under the transaction arises, to settle or use arbitration or other non-judicial procedure to resolve that dispute or claim. Prohibition on Financing Credit Insurance – 12 CFR 1026.36(i) Creditors are prohibited from “financing” (i.e., providing a consumer the right to defer payment beyond the monthly period in which the premium or fee is due), either directly or indirectly, premiums or fees for credit insurance in connection
with a consumer credit transaction secured by a dwelling (including a home equity line of credit secured by the consumer’s principal

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September 2020 TILA 111 dwelling). This prohibition includes financing fees for credit life, credit disability, credit unemployment, credit property insurance, or any other accident, loss-of-income, life, or health insurance or payment for debt cancellation or suspension. This prohibition does not apply to credit unemployment insurance where the premiums are reasonable, the creditor receives no direct or indirect compensation in connection with the premiums, and the premiums are paid under a separate insurance contract and not to an affiliate of the creditor. This prohibition also does not apply to credit insurance where premiums or fees are “calculated” and paid in full “on a monthly basis” (i.e., determined mathematically by multiplying a rate by the actual monthly outstanding balance). Negative Amortization Counseling – 12 CFR 1026.36(k) A creditor may not extend a negative amortizing mortgage loan to a first-time borrower in connection with a closed-end transaction secured by a dwelling, other than a reverse mortgage or a transaction secured by a timeshare, unless the creditor receives documentation that the consumer has obtained homeownership counseling from a HUD-certified or approved counselor. Additionally, a creditor extending a negative amortizing mortgage loan to a first-time borrower may not steer, direct, or require the consumer to use a particular counselor. Loan Servicing Practices Servicers of mortgage loans are prohibited from engaging in certain practices, such as pyramiding late fees. In addition, servicers are required to credit consumers’ loan payments as of the date of receipt and provide a payoff statement within a reasonable time, not to exceed seven business days of a written request. Payment Processing – 12 CFR 1026.36(c)(1) For a closed-end consumer credit transaction secured by a consumer’s principal dwelling, a loan servicer:

Cannot fail to credit a periodic payment to the consumer’s loan account as of the date of
receipt, except in instances where the delay will not result in a charge to the consumer or in the reporting of negative information to a consumer reporting agency. NOTE: For the purposes of 12 CFR 1026.36(c) a periodic payment is “an amount sufficient to cover principal, interest, and escrow for any given billing cycle”. If the consumer owes late fees, other fees, or non-escrow payments but makes a full periodic payment, the servicer must credit the periodic payment as of the date of receipt.
Cannot retain a partial payment (any amount less than a periodic payment) in a suspense or
unapplied payment account without disclosing to the consumer in the periodic statement (if required) the total amount(s) held in the suspense account and applying the payment to the balance upon accumulation of sufficient funds to equal a periodic payment.

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If a servicer has provided written requirements for accepting payments in writing but then accepts payments that do not conform to the written requirements, the servicer must credit the payment as of five days after receipt. If a loan contract has not been permanently modified but the consumer has agreed to a temporary loss mitigation program, a periodic payment under 12 CFR 1026.36(c)(1)(i) is the amount sufficient to cover principal, interest, and escrow (if applicable) for a given billing cycle under the loan contract, regardless of the payment due under the temporary loss mitigation program (Comment .36(c)(1)(i)-4). If a loan contract has been permanently modified, a periodic payment under 12 CFR 1026.36(c)(1)(i) is an amount sufficient to cover principal, interest, and escrow (if applicable) for a given billing cycle under the modified loan contract (Comment .36(c)(1)(i)-5). Pyramiding of Late Fees – 12 CFR 1026.36(c)(2) In connection with a closed-end consumer credit transaction secured by a consumer’s principal dwelling, a servicer may not impose on the consumer any late fee or delinquency charge in connection with a payment, when the only delinquency is attributable to late fees or delinquency charges assessed on an earlier payment, and the payment is otherwise a periodic payment for the applicable period and is received on its due date or within any applicable courtesy period. Providing Payoff Statements – 12 CFR 1026.36(c)(3) For consumer credit transactions secured by a consumer’s dwelling, including home equity lines of credit under 12 CFR 1026.40(a), a creditor, assignee, or servicer may not fail to provide, within a reasonable time but no more than seven business days, after receiving a written request from the consumer or person acting on behalf of the consumer, an accurate statement of the total outstanding balance that would be required to pay the consumer’s obligation in full as of a specific date. NOTE: For purposes of 12 CFR 1026.36(c)(3), when a creditor, assignee, or servicer is not able to provide the statement within seven business days because a loan is in bankruptcy or foreclosure, because the loan is a reverse mortgage or shared appreciation mortgage, or because of natural disasters or similar circumstances, the payoff statement must be provided within a reasonable time. TILA-RESPA Integrated Disclosures – 12 CFR 1026.37 and 1026.38 For most closed-end consumer mortgages, creditors must provide two disclosures, the Loan Estimate and the Closing Disclosure, to consumers for mortgage applications received on or after October 3, 2015. The Loan Estimate is a three-page form that provides disclosures to help consumers understand the key features, costs, and risks of the mortgage loan for which they are applying. This form must be delivered or placed in the mail no later than three business days after the creditor receives a consumer’s mortgage loan application. The Closing Disclosure is a five-page form that helps consumers
understand all of the costs of the transaction. This form generally must be received by the consumer at least three business days before consummation.

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Both forms use similar language and design to make it easier for consumers to locate key information, such as the interest rate, monthly payments, and costs to close the loan. The Loan Estimate form replaces the Good Faith Estimate designed by HUD under RESPA, and the “early” Truth in Lending disclosure designed by the Board under TILA. The regulation and the Official Interpretations contain detailed instructions as to how each line on the Loan Estimate form should be completed. There are sample forms for different types of loan products. The Loan Estimate form also incorporates new disclosures required by Congress under the DoddFrank Act. The Closing Disclosure form replaces the HUD-1 for loan closing, which was designed by HUD under RESPA. The Closing Disclosure form also replaces the revised Truth in Lending disclosure designed by the Board under TILA. The rule and the Official Interpretations contain detailed instructions as to how each line on the Closing Disclosure form should be completed. The Closing Disclosure form contains additional new disclosures required by the Dodd-Frank Act and a detailed accounting of the settlement transaction. Refer to CFPB’s TILA-RESPA Guide to Forms for a detailed, step-by-step walk-through for completing the Loan Estimate and the Closing Disclosure. The rules on who provides the disclosures, timing, limits on when fees can be charged, early estimates, and limits on increases in charges are in 12 CFR 1026.19(e) and (f), described in Subpart A. Loan Estimate – Content of Disclosures for Certain Mortgage Transactions – 12 CFR 1026.37 Loan Estimate Form Required (12 CFR 1026.37(o)) The Loan Estimate generally must provide consumers with a good faith estimate of credit costs and transaction terms and satisfy timing and delivery requirements set forth in the rule. For any transactions subject to 12 CFR 1026.19(e) that are federally related mortgage loans subject to RESPA (which will include most mortgages), creditors must use Form H-24, set forth in Appendix H (12 CFR 1026.37(o)(3)(i)). (See also 12 CFR 1024.2(b) for definition of federally related mortgage loan.) For other loans subject to 12 CFR 1026.19(e) that are not federally related mortgage loans, the disclosures must be made with headings, content, and format substantially similar to Form H-24 (12 CFR 1026.37(o)(3)(ii)). The disclosures may be provided to the consumer in electronic form, subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.) (12 CFR 1026.37(o)(3)(iii)). Information required on the Loan Estimate form. Most disclosures on the Loan Estimate form are required to be labeled using specific nomenclature, headings, and formatting. For example, the regulation requires that the form disclose the contract sale price, labeled “Sale Price” (or if

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September 2020 TILA 114 there is no seller, the estimated value of the property, labeled “Prop. Value”). Further, in some instances, the regulation directs lines on the disclosure to be left blank where there is no charge (See, e.g., 12 CFR 1026.37(g)(2)(v)) or sets forth the maximum number of items that may be disclosed (See, e.g., 12 CFR 1026.37(g)(3)(v)). See the regulation, Form H-24, and the Regulation Z procedures for specific obligations regarding each required disclosure. Rounding. Dollar amounts must be rounded to the nearest whole dollar where noted in the regulation, including adjustments after consummation for loan amount, interest rate, and periodic payment; and details about prepayment penalties and balloon payments, minimum and maximum amounts for principal and interest payments and range of payments, maximum mortgage insurance premiums, escrows, taxes and insurance and assessments, closing costs (loan costs and other costs), cash to close, and adjustable payment and comparisons (12 CFR 1026.37(o)(4)(i)(A)). The amount for prepaid interest paid per day and the monthly amounts required to be disclosed for escrows of homeowner’s insurance, mortgage insurance, or property taxes must not be rounded (12 CFR 1026.37(o)(4)(i)(A)). The loan amount (the total amount the consumer will borrow, as reflected by the face amount of the note) must not be rounded, and if the amount is a whole number, must be truncated at the decimal point (12 CFR 1026.37(o)(4)(i)(B)). If an amount is required to be rounded but is composed of other amounts that are not required or permitted to be rounded, the unrounded amounts should be used to calculate the total, and the final sum should be rounded. Conversely, if an amount is required to be rounded and is composed of rounded amounts, the rounded amounts should be used to calculate the total (Comment 37(o)(4)-2). Percentage amounts must be rounded where noted in the regulation to three decimal places, but trailing zeros to the right of the decimal place must be dropped (e.g., 2.49999 percent APR is disclosed as 2.5 percent, and 7.005 percent APR is disclosed as 7.005 percent). The items rounded include the interest rate, adjustments after consummation (to the loan amount, interest rate, or periodic payment), points itemized under origination charges, prepaid interest rate, adjustable interest rate, annual percentage rate, and total interest percentage, or TIP (12 CFR 1026.37(o)(4)(ii); Comment 37(o)(4)(ii)-1).
Page 1: General information, loan terms, projected payments, and
costs at closing
Page 1 of the Loan Estimate discloses general information about the creditor, the applicant(s),
and the loan. It also includes a Loan Terms table with descriptions of applicable information about the loan, a Projected Payments table, a summary Costs at Closing table, and a link for consumers to obtain more information about loans secured by real property or cooperative unit at a website maintained by the CFPB (12 CFR 1026.37(a)-(e)). General information

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Page 1 of the Loan Estimate requires the title “Loan Estimate” and the statement “Save this Loan
Estimate to compare with your Closing Disclosure” (12 CFR 1026.37(a)(1), (2)). The top of page 1 also requires the name and address of the creditor (12 CFR 1026.37(a)(3)). A logo can be used for, and a slogan included along with, the creditor’s name and address, so long as the logo or slogan does not cause this information to exceed the space provided on Form H-24 for that information (12 CFR 1026.37(o)(5)(iii)). If there are multiple creditors, only the name of the creditor completing the Loan Estimate should be used (Comment 37(a)(3)-1). If a mortgage broker is completing the Loan Estimate, the mortgage broker should make a good faith effort to disclose the name and address of the creditor as required by 12 CFR 1026.19(e)(1)(i). However, if the name of the creditor is not yet known, this space may be left blank (Comment 37(a)(3)-2). Below the creditor information, the form requires the date that the creditor mails or delivers the disclosures to the consumer; the name and mailing address of the consumer(s) applying for the credit; the address, including the ZIP code, of the property that secures or will secure the transaction, or if the address is unavailable, the location of such property, including a ZIP code; and the contract sale price (or if there is no seller, the estimated value of the property) (12 CFR 1026.37(a)(4)-(6)). On the top right side of the first page, the form requires the loan term to maturity (stated in years or months, or both, as applicable); and loan purpose (purchase, refinance, construction, or home equity loan) (12 CFR 1026.37(a)(8)-(9)). This section of the form also requires the product type (adjustable rate, step rate, or fixed rate) and, preceding the type, any features that may change the periodic payment, including negative amortization, interest only, step payment, balloon payment, or seasonal payment features, as applicable. If the product has an adjustable or step rate, or a feature that may change the periodic payment, the product disclosure must also be preceded by a disclosure of the duration of any introductory rate or payment period, and the first adjustment period, as applicable (12 CFR 1026.37(a)(10)). This section of the form also requires the loan type (conventional, FHA, VA, or other), and loan ID number (12 CFR 1026.37(a)(11)-(12)). Further, there must be a statement of whether the interest rate is locked for a specific time, and if so, the date and time when that period ends. The form must also include a statement that the interest rate, any points, and any lender credits may change unless the interest rate has been locked, and the date and time (including the applicable time zone) at which estimated closing costs expire (12 CFR 1026.37(a)(13)). Loan Terms table The Loan Terms table follows the general information requirements on page 1 of the Loan Estimate. For the Loan Terms table, the creditor must disclose the loan amount (the total amount the consumer will borrow, as reflected by the face
amount of the note), interest rate applicable to the transaction at consummation, and specified principal and interest payments (12 CFR 1026.37(b)(1)-(3)). For each such element, the disclosure must answer the question, either affirmatively or negatively, whether the amount can increase after consummation. If the amount can increase, the loan must disclose additional information (12 CFR 1026.37(b)(6)). The Loan Terms table must also include information about prepayment penalties and balloon payments.

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Loan amount. The loan amount is disclosed in accordance with the face amount of the note. If the loan amount may increase after consummation, the disclosure must include the maximum principal balance for the transaction and the due date of the last payment that may cause the principal balance to increase. The disclosure must also indicate whether the maximum principal balance is potential or is scheduled to occur under the terms of the legal obligation (12 CFR 1026.37(b)(1); 12 CFR 1026.37(b)(6)(i)). Interest rate. If it is an adjustable rate transaction where the interest rate at consummation is not known, the disclosed rate is the fully indexed rate (which means the index value and margin at the time of consummation) (12 CFR 1026.37(b)(2)). If the interest may increase after consummation, the creditor must disclose the frequency of interest rate adjustments, the date when the interest rate may first adjust, the maximum interest rate, and the first date when the interest rate can reach the maximum interest rate, followed by a reference to the adjustable rate
table required by 12 CFR 1026.37(j) in the Closing Cost Details section of the Loan Estimate. If
the loan term may increase based on an interest rate adjustment, that fact must be included, as well as the maximum possible loan term determined in accordance with 12 CFR 1026.37(a)(8) (12 CFR 1026.37(b)(6)(ii)). Principal and interest payment. The creditor must disclose the initial periodic payment that will be due under the terms of the legal obligation, immediately preceded by the applicable unit period, and a statement referring to the payment amount that includes any mortgage insurance and escrow payments that are required to be disclosed in the Projected Payments table (12 CFR 1026.37(b)(3)). If the monthly principal and interest payment can increase after closing, the creditor must also disclose: the scheduled frequency of adjustments to the periodic principal and interest payment; the due date of the first adjusted principal and interest payment; the maximum possible periodic principal and interest payment; and the date when the periodic principal and interest payment may first equal the maximum principal and interest payment. (12 CFR 1026.37(b)(6)(iii)). If any adjustments to the principal and interest payment are not the result of a change to the interest rate, the creditor must reference the adjustable payment table disclosure required by 12 CFR 1026.37(i). If there is a period during which only interest is required to be paid, the disclosure must also state that fact and the due date of the last periodic payment of such period (12 CFR 1026.37(b)(6)(iii)). Prepayment penalties and balloon payments. The Loan Terms table must also state affirmatively or negatively whether the transaction includes a prepayment penalty (for these purposes, a charge imposed for paying all or part of a transaction’s principal before the date on which the principal is due, other than a waived, bona fide third-party charge that the creditor imposes if the consumer prepays all of the transaction’s principal sooner than 36 months after consummation) or a balloon payment (for these purposes, a payment that is more than two times a regular periodic payment) (12 CFR 1026.37(b)(4) and (5)). Projected Payments table The Projected Payments table is located directly below the Loan Terms table on page 1 of the Loan Estimate. The Projected Payments table shows estimates of the periodic payments that the consumer will make over the life of the loan. Creditors must disclose estimates of the following

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September 2020 TILA 117 periodic payment amounts in the Projected Payments table: periodic principal and interest (or range of periodic payments); mortgage insurance; estimated escrow; and estimated total monthly payment (12 CFR 1026.37(c)(2)). Creditors must also disclose estimated taxes, insurance, and assessments, even if not paid with escrow funds (and whether these items will be paid with funds from the consumer’s escrow account) (12 CFR 1026.37(c)(4)). Generally, the creditor will show in one column the initial periodic payment (or range of payments if required). Depending on the features of the loan, subsequent periodic payments also may be required to be disclosed. However, no more than four separate periodic payments or ranges of payments may be disclosed, beginning with the initial periodic payment. Events that require disclosure of separate periodic payments or ranges include: changes to the periodic principal and interest payment; a scheduled balloon payment; an automatic termination of mortgage insurance or its equivalent; and the anniversary of the due date of the initial periodic payment or range of payments that immediately follows the occurrence of multiple events that change the periodic principal and interest. The regulation addresses how to disclose these events when the event occurs after the third separate periodic payment or range of payments disclosed (12 CFR 1026.37(c)(1)). Each separate payment or range of payments must be itemized according to the regulation, including the amount payable for principal and interest. The regulation provides instructions for itemizing payments that include an interest-only payment, payments on loans with an adjustable interest rate, and payments on a loan that has both an adjustable interest rate and a negative amortization feature. Additionally, the regulation requires that each separate periodic payment or range of payments itemizes the maximum amount payable for mortgage insurance premiums corresponding to the principal and interest payment and the amount payable into escrow (with a statement that the amount disclosed can increase over time and a calculation of the total monthly payment) (12 CFR 1026.37(c)(2)). Below the estimated total monthly payment, the Projected Payments table discloses estimated taxes, insurance, and assessments. These are stated as a monthly amount and include a statement that the amount may increase over time. The creditor provides these estimates even if there will be no escrow account established for these costs. The table also requires a statement of whether the amount disclosed includes payments for property taxes or other amounts; a description of any such other amounts; and an indication of whether such amounts will be paid by the creditor using escrow account funds. The table also includes a statement that the consumer must separately pay the taxes, insurance, and assessments that are not paid by the creditor using escrow account funds; and a reference to
the information disclosed under the subheading on the Loan Estimate titled “Initial Escrow Payment at Closing” (12 CFR 1026.37(c)(4)). The creditor estimates property taxes and homeowner’s insurance using the taxable assessed value of the real property or cooperative unit securing the transaction after consummation, including the value of any improvements on the property or to be constructed on the property, if known, whether or not such construction will be financed from the proceeds of the transaction, for property taxes, and the replacement costs of the property during the initial year after the

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September 2020 TILA 118 transaction, for premiums or other charges for insurance against loss of or damage to property identified in 12 CFR 1026.4(b)(8) (12 CFR 1026.37(c)(5)). Costs at Closing table This table, located at the bottom of page 1, provides disclosures on estimated Closing Costs and estimated Cash to Close (12 CFR 1026.37(d)(1)). These disclosures offer the consumer a highlevel summary of estimated closing costs and cash required to close (including closing costs) and reference the more detailed itemizations found on page 2 of the Loan Estimate (12 CFR 1026.37(d)(1)(i)(E) and 12 CFR 1026.37(d)(1)(ii)(B)). Items that are disclosed include an estimate of Total Closing Costs, as well as the key inputs making up this total: Loan Costs, Other Costs, and Lender Credits (and the fact that total closing costs include these amounts) (12 CFR 1026.37(d)(1)(i)). These disclosures also provide a highlevel summary of the estimated amount of cash required to close, which is also itemized more specifically on page 2 of the Loan Estimate (12 CFR 1026.37(d)(1)(ii)). The regulation provides an optional alternative Cash to Close table for transactions that do not involve a seller or for simultaneous subordinate financing. The creditor may alternatively disclose, using the label “Cash to Close,” the cash to or from the consumer (pursuant to 12 CFR 1026.37(h)(2)(iv)), a statement of whether the disclosed estimated amount is due from or to the consumer, and a statement referring the consumer to the alternative Calculating Cash to Close table for transactions without a seller or for simultaneous subordinate financing (pursuant to 12 CFR 1026.37(h)(2)) (12 CFR 1026.37(d)(2)).
Page 2: Closing cost details
Page 2 of the Loan Estimate contains a good faith itemization of the “Loan Costs” and “Other
Costs” associated with the loan (12 CFR 1026.37(f) and (g)). Generally, Loan Costs are those costs paid by the consumer to the creditor and third-party providers of services that the creditor requires to be obtained by the consumer during the origination of the loan (12 CFR 1026.37(f)). Other Costs include taxes, governmental recording fees, and certain other payments involved in the real estate closing process (12 CFR 1026.37(g)). Page 2 also includes an itemized “Calculating Cash to Close” table to show the consumer how the amount of cash needed at closing is calculated (12 CFR 1026.37(h)). In addition, for transactions with adjustable monthly payments not based on changes to the interest rate, or if the transaction is a seasonal payment product (as described in 12 CFR 1026.37(a)(10)(ii)(E)), page 2 must include an Adjustable Payment (AP) table with relevant information about how the monthly payments will change (12 CFR 1026.37(i)). Further, for transactions with adjustable interest rates, page 2 must include an Adjustable Interest Rate (AIR) table with relevant information about how the interest rate will change (12 CFR 1026.37(j)). If state law requires additional disclosures, those additional disclosures may be made on a document whose pages are separate from, and not presented as part of, the Loan Estimate (Comments 37(f)(6)-1 and 37(g)(8)-1).

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Loan Costs table
This table includes all loan costs associated with the transaction, broken down into an itemization of three types of costs:

Origination charges that the consumer will pay to each creditor and loan originator for
originating and extending credit (including separate itemization for points paid to the creditor to reduce the interest rate as both a percentage of the amount of credit extended and dollar amount) (up to 13 line items); the following items should be itemized separately in the Origination Charges subheading:
o Compensation paid directly by a consumer to a loan originator that is not also the creditor (Comments 37(f)(1)-2 and -5); or o Any charge imposed to pay for a loan level pricing adjustment assessed on the creditor that is passed on to the consumer as a cost at consummation and not as an adjustment to the interest rate (Comment 37(f)(1)-5).
Services the consumer cannot shop for (items provided by persons other than the creditor or
mortgage broker that the consumer cannot shop for and will pay for at settlement, such as appraisal fees and credit report fees) (up to 13 line items); and
Services the consumer can shop for (such as a pest inspection fee, survey fee, or closing
agent fee) (up to 14 line items) (12 CFR 1026.37(f)(2) and (3)).
Regarding origination fees, only charges paid directly by the consumer to compensate a loan originator are included in the itemization. Compensation of a loan originator paid indirectly by the creditor through the interest rate is not itemized (but is itemized on the Closing Disclosure; see below) (Comment 37(f)(1)-2). NOTE: Items that are a component of title insurance must include the introductory description of “Title -” (12 CFR 1026.37(f)(2)(i) and (g)(4)(i)). NOTE: The disclosure of “lender credits,” as identified in 12 CFR 1026.37(g)(6)(ii), is required by 12 CFR 1026.19(e)(1)(i). “Lender credits,” as identified in 12 CFR 1026.37(g)(6)(ii), represent the sum of non-specific lender credits and specific lender credits. Non-specific lender credits are generalized payments from the creditor to the consumer that do not pay for a particular fee on the disclosures provided pursuant to 12 CFR 1026.19(e)(1). Specific lender credits are specific payments, such as a credit, rebate, or reimbursement, from a creditor to the consumer to pay for a specific fee. Non-specific lender credits and specific lender credits are negative charges to the consumer (Comment 19(e)(3)(i) -5). The sum of these amounts must be disclosed as Total Loan Costs. The regulation includes a required order and terminology for each item (12 CFR 1026.37(f)(1)-(5)). If the creditor does not have enough lines for each subheading, it must disclose the remaining items as an aggregate number (12 CFR 1026.37(f)(6)(i)). An addendum is not permitted for origination charges or charges the consumer cannot shop for that exceed the maximum number of lines but is permitted

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September 2020 TILA 120 for services the consumer can shop for, provided the creditor appropriately references the addendum (12 CFR 1026.37(f)(6)(ii)). Other Costs table The Other Costs table captures costs established by government action, determined by standard calculations applied to ongoing fixed costs, or based on an obligation incurred by the consumer independently of any requirement imposed by the creditor (Comment 37(g)-1). The table includes:

Taxes and other governmental fees (recording fees and other taxes, and transfer taxes paid by
the consumer, separately itemized);
Prepaids (amounts paid by the consumer before the first scheduled payment, such as
homeowner’s insurance premiums, mortgage insurance premiums, prepaid interest, and property taxes, plus up to three additional line items);
Initial escrow payment at closing (items that the consumer will be expected to place into a
reserve or escrow account at consummation to be applied to recurring periodic charges; these include homeowner’s insurance, mortgage insurance, and property taxes, plus up to five additional line items); and
Other amounts the consumer is likely to pay (such as real estate agent commissions, up to
five line items) (12 CFR 1026.37(g)(1)-(4); Comment 37(g)(4)-4).
NOTE: Items that disclose any premiums paid for separate insurance, warranty, guarantee, or event-coverage products not required by the creditor must include the parenthetical description (optional) at the end of the label (12 CFR 1026.37(g)(4)(ii)). As with Loan Costs, the regulation includes a required order, terminology, and specific information regarding each Other Costs line item, such as the applicable time period covered by the amount paid at consummation and the total amount to be paid. Items that disclose any premiums paid for separate insurance, warranty, guarantee, or event-coverage products not required by the creditor must include the parenthetical description (optional) at the end of the label (12 CFR 1026.37(g)(4)(ii)). An addendum is not permitted; if the creditor does not have enough lines for each subheading, it must disclose the remaining items as an aggregate number (12 CFR 1026.37(g)(8)). The sum of these amounts must be disclosed as a line item as Total Other Costs (12 CFR 1026.37(g)(5)). Below this total, the sum of Total Loan Costs and Total Other Costs, less any lender credits (separately itemized), must be disclosed as a line item as Total Closing Costs (12 CFR 1026.37(g)(6)). Calculating Cash to Close table The Calculating Cash to Close table shows the consumer how the amount of cash needed at closing is calculated (12 CFR 1026.37(h)(1)). The creditor must itemize the total amount of cash or other funds that the consumer must provide at consummation. The itemization includes:

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Total closing costs. The amount disclosed under 12 CFR 1026.37(g)(6), labeled “Total
Closing Costs” (12 CFR 1026.37(h)(1)(i));
Closing costs to be financed. The amount of any closing costs to be paid out of loan
proceeds, disclosed as a negative number, labeled “Closing Costs Financed (Paid from your Loan Amount)” (12 CFR 1026.37(h)(1)(ii)); NOTE: The formula for calculating the amount of closing costs financed can be found in (Comment 37(h)(1)(ii)-1).
Down payment and other funds from the borrower, labeled “Down Payment/Funds from
Borrower”. The formula for determining this disclosure depends on the type of purchase transaction. (See 12 CFR 1026.37(h)(1)(iii)(A).. For a non-purchase transaction, use the Funds from Borrower formula in 12 CFR 1026.37(h)(1)(v) as provided for in 12 CFR 1026.37(h)(1)(iii)(B).
Deposit, labeled “Deposit.” In a purchase transaction as defined in 12 CFR 1026.37(a)(9)(i),
the amount that is paid to the seller or held in trust or escrow by an attorney or other party under the terms of the agreement for the sale of the property, disclosed as a negative number; in all other transactions, the amount of zero dollars (12 CFR 1026.37(h)(1)(iv));
Funds for the borrower, labeled “Funds for Borrower”. The formula for calculating this
disclosure is set forth in (12 CFR 1026.37(h)(1)(v));
Seller credits, labeled “Seller Credits”. The amount the seller will pay for total loan costs
and total other costs, to the extent known, disclosed as a negative number (12 CFR 1026.37(h)(1)(vi)).
Adjustments and other credits, labeled “Adjustments and Other Credits”. Determined in
accordance with (12 CFR 1026.37(h)(1)(vii)); and
Estimated Cash to Close, labeled “Cash to Close”. The sum of the amounts disclosed under
12 CFR 1026.37(h)(1)(i) to (vii) (12 CFR 1026.37(h)(1)(viii)).
For transactions without a seller or for simultaneous subordinate financing transactions, the creditor can use the optional alternative table and provide, under the heading Closing Cost Details, the total amount of cash or other funds that must be provided by the consumer at consummation with an itemization of the following component amounts (12 CFR 1026.37(h)(2)):
Loan amount. The amount disclosed under 12 CFR 1026.37(b)(1), labeled “Loan Amount”
(12 CFR 1026.37(h)(2)(i));
Total closing costs. The amount disclosed under 12 CFR 1026.37(g)(6), disclosed as a
negative number if the amount is a positive number and disclosed as a positive number if the amount is a negative number, and labeled “Total Closing Costs” (12 CFR 1026.37(h)(2)(ii));

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Payoffs and payments. The total amount of payoffs and payments to third parties not
otherwise disclosed under 12 CFR 1026.37(f) and (g), labeled “Total Payoffs and Payments” (12 CFR 1026.37(h)(2)(iii));
Cash to or from consumer. The amount of cash or other funds due from or to the consumer
and a statement of whether the disclosed estimated amount is due from or to the consumer, calculated by the sum of the loan amount, total closing costs and payoffs and payments under 12 CFR 1026.37(h)(2)(i)-(iii)), labeled “Cash to Close” (12 CFR 1026.37(h)(2)(iv));
Closing costs financed. The sum of the amounts disclosed under 12 CFR 1026.37(h)(2)(i)
and (iii) (loan amount and payoffs and payments) but only to the extent that the sum is greater than zero and less than the total closing costs (12 CFR 1026.37(g)(6)), labeled “Closing Costs Financed (Paid from your Loan Amount)” (12 CFR 1026.37(h)(2)(v)). Adjustable Payment (AP) table This table is for transactions with adjustable monthly payments for reasons other than adjustments to the interest rate, or if the transaction is a seasonal payment product. The table provides consumers with relevant information about how the monthly payments will change. If the transaction does not contain such terms, the table may not be on the Loan Estimate (12 CFR 1026.37(i); Comment 37(i)-1). The AP table requires answers to the following questions:
Whether there are interest-only payments and, if so, the period during which the interest-only
payment would apply (12 CFR 1026.37(i)(1));
Whether the amount of any periodic payment can be selected by the consumer as an optional
payment and, if so, the period during which the consumer can select optional payments (12 CFR 1026.37(i)(2));
Whether the loan is a step payment product and, if so, the period during which the regular
periodic payments are scheduled to increase (12 CFR 1026.37(i)(3));
Whether the loan is a seasonal payment product and, if so, the period during which the
periodic payments are not scheduled (12 CFR 1026.37(i)(4)); and
A subheading of monthly principal and interest payments, with specified information about
the first payment change and amount; frequency of subsequent changes; and maximum periodic payment that may occur during the loan term (and first date the maximum is possible) (12 CFR 1026.37(i)(5). Adjustable Interest Rate (AIR) table For transactions with adjustable interest rates, an AIR table provides consumers with relevant information about how the interest rate will change (12 CFR 1026.37(j)). The adjustable interest rate table must be completed if the interest rate may increase after consummation. However, if

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September 2020 TILA 123 the legal obligation does not permit the interest rate to adjust after consummation, this table is not permitted to appear on the Loan Estimate (12 CFR 1026.37(j)(1); Comment 37(j)-1)). The AIR table includes the following information (12 CFR 1026.37(j)):

For non-step-rate products, the index upon which adjustments to the interest rate will be
based and the margin that is added to the index to determine the interest rate (12 CFR 1026.37(j)(1));
For step-rate products, the maximum amount of any adjustments to the interest rate that are
scheduled and predetermined (12 CFR 1026.37(j)(2));
The initial interest rate at consummation (12 CFR 1026.37(j)(3));
The minimum/maximum interest rate for the loan, after any introductory period expires (12
CFR 1026.37(j)(4));
The frequency of adjustments (first and subsequent adjustments) (12 CFR 1026.37(j)(5)); and
Any limits on interest rate changes (12 CFR 1026.37(j)(6)).
Page 3: Additional information about the loan
Page 3 of the Loan Estimate contains contact information, a Comparisons table, an Other
Considerations table, and, if desired, a Signature Statement for the consumer to sign to acknowledge receipt (See 12 CFR 1026.37(k), (l), (m), and (n)). Contact information The top of page 3 includes the name and NMLSR or License ID number for the creditor and mortgage broker, if any; and name and NMLSR or License ID of individual loan officer who is the primary contact for the consumer, along with that person’s email address and phone number (12 CFR 1026.37(k)). Comparisons table The Comparisons table follows the contact information and allows consumers to compare loans. Each of these disclosures must be accompanied by a specified descriptive statement (12 CFR 1026.37(l)). The creditor must provide the:
Total dollar amount of principal, interest, mortgage insurance, and loan costs scheduled to be
paid through the end of the 60th month after the due date of the first periodic payment;
Total dollar amount of principal scheduled to be paid through the end of the 60th month after
the due date of the first periodic payment;

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Annual percentage rate using that term and the abbreviation “APR” and expressed as a
percentage; and
Total interest percentage that the consumer will pay over the life of the loan, expressed as a
percentage of the amount of credit extended, using the term “Total Interest Percentage” and the abbreviation “TIP”. The TIP calculation is the same for the Loan Estimate and for the Closing Disclosure: Total interest (including prepaid interest) that the consumer will pay over the life of the loan is divided by the loan amount to arrive at the total interest percentage (TIP) (12 CFR 1026.37(l)(3); 12 CFR 1026.38(o)(5)). The TIP is computed assuming that the consumer makes each monthly payment in full and on time and does not make any overpayments (15 U.S.C. 1638(a)(19); 12 CFR 1026.37(l)(3); Comment 37(l)(3)-1). To calculate the TIP for fixed-rate loans add the sum of interest payments for the full term of the loan to the amount of prepaid interest and divide that total by the loan amount. To calculate the TIP for a variable-rate loan, compute the amount of interest that the consumer will pay according to the terms of the loan. If the loan has an index and margin, use the index existing at consummation (12 CFR 1026.37(b)(2); Comment 17(c)(1)-10). For Adjustable Rate products under 12 CFR 1026.37(a)(10)(i)(A), compute the TIP in accordance with Comment 17(c)(1)-10 (Comment 37(l)(3)-2). Comment 17(c)(1)-10 provides guidance and examples for adjustable mortgages with discounted and premium variable-rate terms. Where the initial rate is not based upon the index or formula used for later interest rate adjustments, the disclosures should reflect a composite annual percentage rate based on the initial rate for as long as it is charged and, for the remainder of the term, the rate that would have been applied using the index or formula at the time of consummation. The rate at consummation need not be used if a contract provides for a delay in the implementation of changes in an index value. For example, if the contract specifies that rate changes are based on the index value in effect 45 days before the change date, creditors may use any index value in effect during the 45-day period before consummation in calculating a composite annual percentage rate (Comment 17(c)(1)-10)). For step-rate products under 12 CFR 1026.37(a)(10)(i)(B), compute the TIP in accordance with 12 CFR 1026.17(c)(1) and its associated commentary (Comment 37(l)(3)-2). For loans that have a negative amortization feature under 12 CFR 1026.37(a)(10)(ii)(A), compute the TIP using the scheduled payment, even if it is a negatively amortizing payment amount, until the consumer must begin making fully amortizing payments under the terms of the legal obligation (Comment 37(l)(3)-3). NOTE: Prepaid interest that is paid by someone other than the consumer is not included in the calculation. Further, if prepaid interest was disclosed as a negative number on the Loan Estimate or the Closing Disclosure, the negative value is used in the TIP calculation (Comment 37(l)(3)-1). Other Considerations Below the Comparisons table is a section regarding “other considerations” about the loan. This
section includes disclosures on appraisals, assumptions, whether homeowner’s insurance is
required, applicable late payment fees, a warning about refinancing, whether the creditor intends

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September 2020 TILA 125 to service the loan or transfer servicing, liability after foreclosure. The section also provides for an optional, clear and conspicuous statement, if applicable, that the creditor may issue a revised Loan Estimate any time prior to 60 days before consummation pursuant to 12 CFR 1026.19(e)(3)(iv)(F) for transactions involving new construction where the creditor reasonably expects that settlement will occur more than 60 days after the provision of the Loan Estimate (12 CFR 1026.37(m)). The consumer is not required to sign the Loan Estimate. If the creditor adds a signature statement on page 3 of the Loan Estimate to confirm receipt by the consumer, it must use the model form language. If the creditor chooses not to use the confirm receipt table, it must include a statement that “You do not have to accept this loan because you have received this form or signed a loan application” (12 CFR 1026.37(n)). Closing Disclosure – Content of Disclosures for Certain Mortgage Transactions – 12 CFR 1026.38 Closing Disclosure form required – 12 CFR 1026.38(t)(3)(i) The Closing Disclosure generally must contain the actual terms and costs of the transaction and must satisfy timing and delivery requirements set forth in the rule. For any loans subject to 12 CFR 1026.19(f) that are federally related mortgage loans subject to RESPA (which will include most mortgages), creditors must use Form H-25, set forth in Appendix H (12 CFR 1026.38(t)(3)(i) (See also 12 CFR 1024.2(b) for definition of federally related mortgage loan). For other loans subject to 12 CFR 1026.19(f) that are not federally related mortgage loans, the disclosures must contain the exact same information and be made with headings, content, and format substantially similar to Form H-25 (12 CFR 1026.38(t)(3)(ii)). Information required on the Closing Disclosure. As with the Loan Estimate, most disclosures on the Closing Disclosure form are required to be labeled using specific nomenclature, headings, and formatting. Similarly, in some instances, the regulation directs lines on the disclosure to be left blank where there is no charge or sets forth the maximum number of items that may be disclosed. See the regulation, Form H-25, and the Regulation Z procedures for specific obligations regarding each required disclosure. Rounding. Dollar amounts generally must not be rounded except where noted in the regulation (12 CFR 1026.38(t)(4)(i)). If an amount must be rounded but is composed of other amounts that are not required or permitted to be rounded, the unrounded amounts should be used to calculate the total, and the final sum should be rounded. Conversely, if an amount is required to be rounded and is composed of rounded amounts, the rounded amounts should be used to calculate the total (Comment 38(t)(4)-2). Percentage amounts should not be rounded and are disclosed up to three decimals, as needed, except where noted in the regulation. If a percentage amount is a whole number, only the
whole number should be disclosed, with no decimals (12 CFR 1026.38(t)(4)(ii)).

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Page 1: General information, loan terms, projected payments, and
costs at closing
General information, the Loan Terms table, the Projected Payments table, and the Costs at Closing table are disclosed on the first page of the Closing Disclosure (12 CFR 1026.38(a), (b), (c), and (d)). These disclosures mirror the disclosures in the Loan Estimate, and there is a required statement to compare the document with the Loan Estimate (12 CFR 1026.38(a)(2)).
Page 1 of the Closing Disclosure is similar, but not identical, to the Loan Estimate. Page 1 of the
Closing Disclosure provides general closing, transaction, and loan information. It also includes a Loan Terms table with descriptions of applicable information about the loan, a Projected Payments table, and a summary Costs at Closing table (12 CFR 1026.38(a)-(d)). General information The top of page 1 of the Closing Disclosure requires the title “Closing Disclosure” and a specified statement to compare the disclosure with the Loan Estimate (12 CFR 1026.38(a)(1) and (2)). The top of page 1 also requires general closing, transaction, and loan information. Closing information includes the date that the Closing Disclosure was delivered to the consumer, closing date (i.e., the date of consummation), the disbursement date, settlement agent conducting the closing, file number assigned by the settlement agent, property address or location, and sale price (or appraised property value if there is no seller) (12 CFR 1026.38(a)(3)). For transactions without a seller for which the creditor has not obtained an appraisal, the creditor may disclose the estimated value of the property, using the estimate provided by the consumer at application or the estimate the creditor used to determine approval of the credit transaction (Comment 38(a)(3)(vii)-1). Transaction information includes the borrower’s name and mailing address, the seller’s name and mailing address, and the name of the creditor making the disclosure (12 CFR 1026.38(a)(4)). Loan information includes the loan term, purpose, product, loan type, loan ID number (using the same number as on the Loan Estimate), and mortgage insurance case number (MIC #), if required by the creditor (12 CFR 1026.38(a)(5)). Other than the MIC #, this information is determined by the same definitions for those items on the Loan Estimate, updated to reflect the terms of the legal obligation at consummation (Comment 38(a)(5)-1). Loan Terms table The Loan Terms table is located under the above-described general information disclosures. The information for this table is the same as that required in the Loan Estimate under 12 CFR 1026.37(b), updated to reflect the terms of the legal obligation at consummation (12 CFR 1026.38(b)).

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Projected Payments table
The Projected Payments table is located directly below the Loan Terms table on page 1 of the Closing Disclosure. The information for this table is generally the same as that required in the Loan Estimate under 12 CFR 1026.37(c)(1) through (4), updated to reflect the terms of the legal obligation at consummation (other than the reference to closing cost details required by 12 CFR 1026.37(c)(4)(vi)). The estimated escrow payments disclosed on the Closing Disclosure for transactions subject to RESPA are determined under the escrow account analysis described in Regulation X, 12 CFR 1024.17. For transactions not subject to RESPA, estimated escrow payments may be determined under the escrow account analysis described in Regulation X, 12 CFR 1024.17 or in the manner set forth in 12 CFR 1026.37(c)(5). There is also a required reference to the detailed escrow account disclosures on page 4 of the Closing Disclosure (12 CFR 1026.38(c)). Costs at Closing table This table, located at the bottom of page 1, provides disclosures on Closing Costs and Cash to Close (12 CFR 1026.38(d)). These disclosures offer the consumer a high-level summary of closing costs and reference the more detailed itemizations found on pages 2 and 3 of the Closing Disclosure 12 CFR 1026.38(d)(1)(i)(E); (12 CFR 1026.38(d)(1)(ii)(B)). Items that are disclosed on the Cash at Closing table include Total Closing Costs, as well as the key inputs making up this total: Loan Costs and Other Costs, less Lender Credits (and the fact that total closing costs include these amounts) (12 CFR 1026.38(d)(1)(i)). The table also discloses Cash Required to Close (12 CFR 1026.38(d)(1)(ii)). For transactions without a seller or simultaneous subordinate financing transactions, the creditor must use the alternative Calculating Cash to Close table when the alternative costs at closing table was used on the Loan Estimate (12 CFR 1026.38(d)(2)).
Page 2: Closing Cost Details; Loan costs and other costs
Page 2 of the Closing Disclosure contains an itemization of the “Loan Costs” and “Other Costs”
associated with the loan (12 CFR 1026.38(f), (g), and (h)). In each case, the amounts paid by the consumer, seller, and others are separately disclosed. For items paid by the consumer or seller, amounts that are paid at closing are disclosed in a column separately from amounts paid before closing (12 CFR 1026.38(f)). The number of items in the Loan Costs and Other Costs tables can be expanded and deleted to accommodate the disclosure of additional line items and to keep the Loan Costs and Other Costs tables on page 2 of the Closing Disclosure (12 CFR 1026.38(t)(5)(iv)(A); Comment 38(t)(5)(iv)- 2). However, items that are required to be disclosed even if they are not charged to the consumer (such as Points in the Origination Charges subheading) cannot be deleted (Comment 38(t)(5)(iv)- 1). Further, the Loan Costs and Other Costs tables can be disclosed on two separate pages of the Closing Disclosure but only if the page cannot accommodate all of the costs required to be

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September 2020 TILA 128 disclosed on one page (12 CFR 1026.38(t)(5)(iv)(B); Comment 38(t)(5)(iv)-2). When used, these pages are numbered page 2a and 2b (Comment 38(t)(5)(iv)-3). For an example of this permissible change to the Closing Disclosure, see Form H-25(H) of Appendix H to Regulation Z. Loan Costs table All loan costs associated with the transaction are listed in a table under the heading “Loan Costs”, with the items and amounts listed under four subheadings:

Origination charges,
Services borrower did not shop for,
Services borrower did shop for, and
Total loan costs (12 CFR 1026.38(f)(1) through (f)(5).
Items should generally be the same as disclosed on the Loan Estimate, updated to reflect the terms of the legal obligation at consummation, except as discussed below (12 CFR 1026.38(f)). Origination Charges. All loan originator compensation is disclosed as an origination charge, including compensation from the creditor to a third-party loan originator (which was not disclosed on the Loan Estimate). Compensation from the consumer to a third-party loan originator is designated as Borrower-Paid at Closing or before closing on the Closing Disclosure (12 CFR 1026.38(f)(1); Comment 38(f)(1)-2). Compensation from the creditor to a third-party loan originator is designated as Paid by Others on the Closing Disclosure (Comment 38(f)(1)-2). This line item must also disclose the name of the loan originator ultimately receiving the payment (12 CFR 1026.38(f)(1)). A designation of “(L)” can be listed with the amount to indicate that the creditor pays the compensation at consummation. This is the same as the amount of third-party compensation included in points and fees for purposes of determining the consumer’s ability to repay the loan. Compensation to individual loan originators is not calculated or disclosed on the Closing Disclosure (Comment 38(f)(1)-3). Services the consumer did or did not shop for. The following are disclosed under “Services Borrower Did Not Shop For,” regardless of where it was located on the Loan Estimate:
Items that the consumer could have shopped for but did not.
When a consumer chooses a provider that is on the written list of providers for a service on
the Loan Estimate (12 CFR 1026.38(f)(2)).
Items are re-alphabetized when an item is added to or removed from a particular subheading. The amounts that are designated as Borrower-Paid at or before closing are subtotaled as Total Loan Costs (Borrower-Paid) (12 CFR 1026.38(f)(5)). Amounts designated as Seller-Paid or Paid by Others are not included in this subtotal (rather, they are included elsewhere in the Closing Cost Subtotal) (Comment 38(f)(5)-1; 12 CFR 1026.38(h)(2)).

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Other Costs Table
Items should generally be the same as disclosed on the Loan Estimate, updated to reflect the terms of the legal obligation at consummation, except as discussed below (12 CFR 1026.38(g)). Taxes and other government fees. Itemized transfer taxes paid by the consumer and by the seller are disclosed, instead of just the sum total of transfer taxes to be paid by the consumer (12 CFR 1026.38(g)(1)). Prepaids. An itemization of homeowner’s insurance premiums, mortgage insurance premiums, prepaid interest, property taxes and a maximum of three additional items (See 12 CFR 1026.37(g)(2)), the name of the person ultimately receiving the payment or government entity assessing the property tax, and the total of all such itemized amounts that are designated Borrower-Paid at or before closing. If no interest is collected prior to the interest collected with the first monthly payment, zero dollars should be disclosed (12 CFR 1026.38(g)(2); Comment 38(g)(2)-3). Initial escrow payment at closing. Property taxes paid during different time periods may be disclosed as separate items (12 CFR 1026.38(g)(3)). This section of the table also includes, as the last item disclosed, an Aggregate Adjustment calculated pursuant to Regulation X, 12 CFR 1024.17(d)(2) (12 CFR 1026.38(g)(3)). Other. This section of the table includes charges for services that are required or obtained in the real estate closing by the consumer, the seller, or other party, and the name of the person ultimately receiving the payment, even if not initially disclosed on the Loan Estimate (12 CFR 1026.38(g)(4)). This includes all real estate brokerage fees, homeowner’s or condominium association charges paid at consummation, home warranties, inspection fees, and other fees that are part of the real estate closing but not required by the creditor or not disclosed elsewhere on the Closing Disclosure (Comment 38(g)(4)-1). The amount of real estate commissions paid must be the total amount paid to any real estate brokerage as a commission, regardless of the identity of the party holding any earnest money deposit (Comment 38(g)(4)-4). If there are costs that are a component of title insurance services, their label must begin with “Title -” and, if there are costs designated Borrower-Paid at or before closing for any premiums paid for separate insurance, warranty, guarantee, or event-coverage products, they must be labeled “(optional)” (12 CFR 1026.38(g)(4)(i) and (ii)). The sum of any of these amounts that are Borrower-Paid must be disclosed as a line item as Total Other Costs (Borrower-Paid) (12 CFR 1026.38(g)(5)). Below this total, the sum of Total Loan Costs and Total Other Costs (Borrower-Paid), less any lender credits (separately itemized), must be disclosed as a line item as Total Closing Costs (Borrower-Paid) (12 CFR 1026.38(g) and (h)).

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Page 3: Calculating cash to close, summaries of transactions, and
alternatives for transactions without a seller
Page 3 of the Closing Disclosure contains the Calculating Cash to Close table and Summaries of
Transactions tables (12 CFR 1026.38(i), (j), and (k)).
Calculating Cash to Close
The Calculating Cash to Close table permits the consumer to see what costs have changed from the Loan Estimate. This table contains nine items:

Total Closing Costs,
Closing Costs Paid before Closing,
Closing Costs Financed,
Down Payment/Funds from Borrower,
Deposit,
Funds for Borrower,
Seller Credits,
Adjustments and other Credits, and
Total Cash to Close (12 CFR 1026.38(i)).
The table has three columns that disclose (1) the amount for each item as it was disclosed on the most recent Loan Estimate provided to the consumer, (2) the final amount for the item, and (3) an answer to the question “Did this change?” (12 CFR 1026.38(i)). The amounts disclosed in the Loan Estimate column will be the amounts disclosed on the most recent Loan Estimate (or revised Loan Estimate) provided to the consumer (12 CFR 1026.38(i)(1)(i), (3)(i), (4)(i), (5)(i), (6)(i), (7)(i), (8)(i), (9)(i). When amounts have changed, the disclosure must indicate where the consumer can find the amounts that have changed since being provided the Loan Estimate. For example, if the Seller Credit amount changed, the creditor can indicate that the consumer should “See Seller Credits in
Section L” (Comment 38(i)-3). Other examples of language for these items are found in example
Form H-25(B) in Appendix H to Regulation Z.
Increases in total closing costs that exceed legal limits. When the increase in Total Closing Costs exceeds the legal limits on closing costs set forth in 12 CFR 1026.19(e)(3), the form must disclose a statement that an increase in closing costs exceeds the legal limits by the dollar amount of the excess in the “Did this change?” column (12 CFR 1026.38(i)(1)(iii)(A)(3)). A statement directing the consumer to the Lender Credit on page 2 or a principal reduction must also be included if either is provided as a refund for the excess amount (Comment

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38(i)(1)(iii)(A)-3). The dollar amount must be the sum of all excess amounts, taking into account the different methods of calculating excesses of the limitations on increases in closing costs under 12 CFR 1026.19(e)(3)(i) and (ii) (12 CFR 1026.38(i)(1)(iii)(A)(3)). Closing Costs Paid Before Closing. The amount disclosed in the Loan Estimate column for the “Closing Costs Paid Before Closing” item is zero dollars (12 CFR 1026.38(i)(2)(i)). The Final column should disclose the same amount designated as Borrower-Paid Before Closing in the Closing Costs Subtotals of the Other Costs table on page 2 of the Closing Disclosure. Under the subheading “Did this change?” if the amount disclosed here is different from the amount disclosed in the Loan Estimate, include a statement of that fact; and if it is equal to the amount disclosed on the Loan Estimate, include a statement of that fact (12 CFR 1026.38(i)(2)(iii)). Alternative Calculating Cash to Close table For transactions without a seller or for simultaneous subordinate financing where the alternative Calculating Cash to Close table was used on the Loan Estimate, the Closing Disclosure must also use the alternative Calculating Cash to Close table under (12 CFR 1026.38(e)). These items include:

Loan amount,
Total closing costs,
Closing costs paid before closing,
Payoffs and payments,
Cash to or from consumer, and
Closing costs financed.
The table has three columns that disclose (1) the amount for each item as it was disclosed on the most recent Loan Estimate provided to the consumer, (2) the final amount for the item, and (3) an answer to the question “Did this change?” along with a statement of whether the amount increased, decreased, or is equal to the amount disclosed in the Loan Estimate (12 CFR 1026.38(e), Comment 38(e)-6). Generally, the amounts disclosed in the Loan Estimate column will be the Loan Amount, Total Closing Costs, Closing Costs Paid before Closing, and the Total Payoffs and Payments (12 CFR 1026.38(e)(1)(i), (2)(i), (3)(i), (4)(i)). Cash to or from the consumer is disclosed in the first two columns of the row labeled Cash to Close. The first column contains amounts disclosed in the most recent Loan Estimate provided to the consumer. The second column discloses the final amount due from or to the consumer, calculated by the sum of the amounts disclosed (pursuant to 12 CFR 1026.38(e)(1)(i), (2)(i), (3)(i), (4)(i)) as final Loan Amount, Total Closing Costs, Closing Costs Paid before Closing, and the Total Payoffs and Payments, disclosed as a positive number with the statement of whether the funds are due from or to the consumer (12 CFR 1026.38(e)(5)).

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Closing Costs Financed are disclosed in the third column of the row labeled Cash to Close in the Calculating Cash to Close table. This amount is calculated by the sum of the final Loan Amount (12 CFR 1026.38(e)(1)(ii)) and the final Total Payoffs and Payments (12 CFR 1026.38(e)(4)(ii)), but only to the extent that the sum is greater than zero and less than or equal to the sum of borrower-paid closing costs (disclosed under 12 CFR 1026.38(h)(2)), designated Borrower-Paid Before Closing (12 CFR 1026.38(e)(6)). Summaries of Transactions table The Summaries of Transactions table contains required itemizations of the borrower’s and the seller’s transactions (12 CFR 1026.38(j)-(k)). The table discloses amounts due from or payable to the consumer and seller at closing, as applicable (12 CFR 1026.38(k)(1) and (2)). A separate Closing Disclosure can be provided to the consumer and the seller that does not reflect the other party’s costs and credits by omitting specified disclosures on each separate Closing Disclosure (12 CFR 1026.38(t)(5)(v), (vi), (ix)). Additional pages may be attached to the Closing Disclosure to add lines to provide a complete listing of all items required to be shown on the Closing Disclosure and for customary recitals and information used locally in real estate closings (for example, breakdown of payoff figures, a breakdown of the consumer’s total monthly mortgage payments, an accounting of debits received and check disbursements, a statement stating receipt of funds, applicable special stipulations between consumer and seller, and the date funds are transferred) (Comment 38(j)-6). Generally, the Summaries of Transactions table is similar to the Summary of Borrower’s Transaction and Summary of Seller’s Transaction tables on the HUD-1 Settlement Statement provided under Regulation X prior to the TILA-RESPA Integrated Disclosure rule taking effect. There are some modifications to the Closing Disclosure related to the handling of the disclosure of the consumer’s deposit, the disclosure of credits, and specific guidance on other matters that may not have been clear in the HUD-1 instructions. In transactions without a seller, the Seller-Paid column for Closing Costs may be deleted on page 2, and a Payoffs and Payments table may be substituted for the Summaries of Transactions table and placed before the alternative Calculating Cash to Close table on page 3 of the closing Disclosure (12 CFR 1026.38(t)(5)(vii)(B)). For an example, see page 3 of Form H-25(J) of
Appendix H to Regulation Z.
In some transactions, there are contractual or legal limits on what refunds may be provided to the consumer, and, instead, principal is reduced. Principal reductions may also be utilized in circumstances where refunds do not need to be provided. In transactions with a principal reduction that occurs immediately or very soon after closing, the principal reduction must be disclosed in the Summaries of Transactions table on the standard Closing Disclosure pursuant to (12 CFR 1026.38(j)(1)(v)).

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Borrower’s Transaction
Amounts due from the borrower. The sale price of the property, sale price of any personal property included in the sale, and total amount of closing costs designated Borrower-Paid at Closing, calculated with lender credits as a negative number pursuant to 12 CFR 1026.38(h)(2) and (h)(3) (12 CFR 1026.38(j)(1)(ii)-(iv)). The contract sale price of the property does not include the price of tangible personal property if the buyer and seller have agreed to a separate price for such items. Manufactured homes are not considered personal property for this disclosure (Comment 38(j)(1)(ii)-1). Adjustments. This includes a description and the amount of any additional items that the seller has paid prior to the real estate closing but reimbursed by the consumer at closing, and a description and the amount of any other items owed by the consumer at the real estate closing not otherwise disclosed pursuant to 12 CFR 1026.38(f), (g), or (j) (12 CFR 1026.38(j)(1)(v)). Amounts not otherwise disclosed under 12 CFR 1026.38(j) that are owed to the seller but payable to the consumer after the real estate closing must be disclosed under the heading “Adjustments,” including rent that the consumer will collect after closing for a period of time prior to the real estate closing, and a tenant’s security deposit (Comment 38(j)(1)(v)-1). Other consumer charges owed by the consumer at the real estate closing and not otherwise disclosed under 12 CFR 1026.38(f), (g), and (j) will not have a corresponding credit in the summary of the seller’s transaction under 12 CFR 1026.38(k)(1)(iv) (Comments 38(j)(1)(v)-1 and -2). Adjustments for items paid by seller in advance. The prorated amount of prepaid taxes due from the consumer to reimburse the seller, and the time periods. The taxes are labeled city/town taxes, county taxes, and/or assessments as appropriate (12 CFR 1026.38(j)(1)(vi)-(ix)). If there are additional items paid by the seller and due from the consumer, they are also itemized. Examples include taxes paid in advance, flood or insurance premiums if the insurance is under the same policy, mortgage insurance for assumed loans, condominium assessments, fuel or supplies on hand, and ground rent paid in advance (Comment 38(j)(1)(x)-1). Itemization of amounts already paid by or on behalf of borrower. These amounts are itemized in the second part of the Summary of Transactions table. These include the following:

Deposits, and if there is no deposit, this line is left blank. If the deposit was reduced to pay
closing charges prior to closing, the reduction should be shown in the Closing Cost Detail
table designated as Borrower-Paid Before Closing (Comments 38(j)(2)(ii)-1 and -2).
The loan amount is the construction or purchase loan amount for a structure or purchase of a
new manufactured home that is real property. For construction loans or loans for manufactured homes that are real property under state law, the loan amount for the current transaction must be disclosed, and the sales price of the land and the construction cost or the price of the manufactured home should be disclosed separately (Comment 38(j)(2)(iii)-1).
Existing loans assumed or taken subject to are itemized with the outstanding amount of any
loans that the consumer is assuming or taking title subject to (Comment 38(j)(2)(iv)-1)

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If the seller is providing a lump sum at closing that is not otherwise itemized, to pay for loan
costs and any other obligations of the seller to be paid directly to the consumer, this amount is labeled Seller Credit (12 CFR 1026.38(j)(2)(v)). When the consumer receives a generalized credit from the seller for closing costs or where the seller (typically a builder) is making an allowance to the consumer for items to purchase separately, the amount of the credit must be disclosed. However, if the Seller Credit is attributable to a specific loan cost or other cost listed in the Closing Cost Details tables, that amount should be reflected in the Seller-Paid column in the Closing Cost Details tables.
Any other obligations of the seller to be paid directly to the consumer, such as for issues
identified at a walk-through of the property prior to closing, are disclosed here (Comments 38(j)(2)(v)-1 and-2).
Other credits are itemized with a description and the amounts paid by or on behalf of the
consumer, and not otherwise disclosed. Examples of other credits include credits from a real estate agent not attributable to a specific closing cost, subordinate financing proceeds, satisfaction of existing subordinate liens by consumer, transferred escrow balances, gift funds provided at closing, and any additional amounts not already disclosed under 12 CFR 1026.38(f), (g), and (j)(2) that are owed to the consumer but payable to the seller before the real estate closing (“Adjustments”), including rent paid to the seller from a tenant before the real estate closing for a period extending beyond the closing (Comments 38(j)(2)(vi)-1 through -6). Adjustments for items unpaid by seller include prorated unpaid taxes due from the seller to reimburse the consumer at closing, along with the time period and labeled city/town taxes, county taxes, and/or assessments as appropriate (12 CFR 1026.38(j)(2)(vii)-(x)). If there are additional items that have not been paid and that the consumer is expected to pay after closing but which are attributable to the time prior to closing, they are itemized here (12 CFR 1026.38(j)(2)(xi)). Examples include utilities used but not paid for by the seller, or interest on a loan assumption (Comment 38(j)(2)(xi)-1). Calculation of the borrower’s transaction is disclosed by including the Total Due from Borrower at Closing, the amount labeled Total Paid Already by or on Behalf of Borrower at Closing, if any, disclosed as a negative number, and a statement that the resulting amount is due from or to the consumer, and labeled Cash to Close (12 CFR 1026.38(j)(3)). Items paid outside of closing are costs that are not paid from closing funds but would otherwise be part of the borrower’s transaction table should be marked as “P.O.C.” for paid outside of closing. There must also be a statement of the party making the payment, such as the consumer, seller, loan originator, real estate agent, or any other person. For an example, see Form H-25(D) of Appendix H (Comment 38(j)(4)(i)-1). Seller’s Transaction Amounts due to the seller include the sale price of the property, sale price of any personal property included in the sale, and a description and the amount of other items paid to the seller

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September 2020 TILA 135 by the consumer pursuant to a contract, such as charges that were not disclosed on the Loan Estimate, or items paid by the seller prior to closing but reimbursed by the consumer at closing (12 CFR 1026.38(k)(1)(ii)-(iv)). Adjustments for items paid by seller in advance include the prorated amount of prepaid taxes due from the consumer to reimburse the seller, and the time periods. The taxes are labeled city/town taxes, county taxes, and/or assessments as appropriate (12 CFR 1026.38(k)(1)(v)- (viii)). If there are additional items paid by the seller and due from the consumer, they are also itemized (12 CFR 1026.38(k)(1)(ix)). Itemization of amounts due from seller at closing are itemized in the second part of the Summary of Transactions table. These include the amount of any deposits disbursed to the seller prior to closing and seller-paid closing costs. The itemization also includes the amount of any existing loans that the consumer is assuming and the amounts of any loan secured by a first lien or a second lien on the property that will be paid off. In addition, the itemization includes seller credits, an amount that the seller will provide at the closing as a lump sum, not otherwise itemized, to pay for loan costs and other costs and any other obligations of the seller to be paid directly to the consumer. The amounts and a description of any and all other obligations required to be paid by the seller at closing are disclosed, including any lien-related payoffs, fees, or obligations (12 CFR 1026.38(k)(2)(ii)-(vii)). Adjustments for items unpaid by seller include prorated unpaid taxes due from the seller to reimburse the consumer at closing, along with the time period and labeled city/town taxes, county taxes, and/or assessments as appropriate (12 CFR 1026.38(k)(2)(x)-(xii)). If there are additional items that have not been paid and that the consumer is expected to pay after closing but which are attributable to the time prior to closing, they are itemized here (12 CFR 1026.38(k)(2)(xiii)). Calculation of the seller’s transaction is disclosed by including the Total Due to Seller at Closing, the amount labeled Total Due from Seller at Closing, if any, disclosed as a negative number, and a statement that the resulting amount is due from or to the seller, and labeled Cash (12 CFR 1026.38(k)(3)). Items paid outside of closing are costs that are not paid from closing funds but that would otherwise be part of the seller’s transaction table should be marked as “P.O.C.” for paid outside of closing. There must also be a statement of the party making the payment (12 CFR 1026.38(k)(4)).
Page 4: Additional information about this loan
Page 4 of the Closing Disclosure groups several required loan disclosures together, generally
using specified language, including:

Information concerning future assumption of the loan by a subsequent purchaser required by
12 CFR 1026.37(m)(2) (12 CFR 1026.38(l)(1));

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Whether the legal obligation contains a demand feature that can require early payment of the
loan (12 CFR 1026.38(l)(2));
The terms of the legal obligation that impose a fee for a late payment, including the amount
of time that passes before a fee is imposed and the amount of such fee or how it is calculated (as required by 12 CFR 1026.37(m)(4) (12 CFR 1026.38(l)(3));
Whether the regular periodic payments can cause the principal balance of the loan to increase
(i.e., whether there could be negative amortization) (12 CFR 1026.38(l)(4));
The creditor’s policy regarding partial payments by the consumer (12 CFR 1026.38(l)(5));
A statement that the consumer is granting a security interest in the property (along with an
identification of the property) (12 CFR 1026.38(l)(6)); and
Specified information related to any escrow account held by the servicer, including specified
estimated escrow costs over the first year after consummation (or a statement that an escrow account has not been established, with a description of specified estimated property costs during the first year after consummation) (12 CFR 1026.38(l)(7)). If the periodic principal and interest payment may change after consummation, other than due to a change in interest rate or where the loan is a seasonal payment product, page 4 of the Closing Disclosure must also include an Adjustable Payment (AP) table (12 CFR 1026.38(m)). If the loan’s interest rate may increase after consummation, page 4 of the Closing Disclosure must also include the Adjustable Interest Rate (AIR) table (12 CFR 1026.38(n)). These are the tables required in the Loan Estimate at 12 CFR 1026.37(i) and (j), respectively, updated to reflect the terms of the loan at consummation.
Page 5: Loan calculations, other disclosures, and contact information
Page 5 of the Closing Disclosure includes a Loan Calculations table, as well as specified other
disclosures, contact information for the CFPB for questions, contact information for participants in the transaction, and if desired by the creditor, a signature table to confirm receipt of the Closing Disclosure (12 CFR 1026.38(o)-(s)). Loan Calculations table The Loan Calculations table discloses:
Total of Payments (total paid by the consumer after all scheduled payments of principal,
interest, mortgage insurance, and loan costs are made);
Finance Charge;
Amount Financed;
Annual Percentage Rate (APR); and

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Total Interest Percentage (TIP) (the total amount of interest paid over the loan term as a
percentage of the loan amount) (12 CFR 1026.38(o); 12 CFR 1026.37(l)(3) and its commentary). The APR and TIP amounts should be updated from the amounts disclosed on the Loan Estimate to reflect the terms of the legal obligation at consummation. The TIP calculation is set forth in 12 CFR 1026.37(l)(3) and its commentary. NOTE: See the discussion on calculating the TIP for the comparison table on page 3 of the Loan Estimate.

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Other Disclosures table
The Other Disclosures table requires a notice regarding the lender’s obligation to provide a free copy of the appraisal (for higher-priced mortgage loans under 12 CFR 1026.35 and loans covered by the Equal Credit Opportunity Act); a specified warning about consequences of nonpayment under the contract, whether state law provides for continued consumer liability after foreclosure, a statement concerning the consumer’s ability to refinance the loan, and a statement concerning the extent that the interest on the loan can be included as a tax deduction by the consumer (12 CFR 1026.38(p)). Contact information table For each lender, mortgage broker, real estate broker (buyer and seller), and settlement agent, the contact information table discloses the name, address, NMLS or state license ID (as applicable), contact name of an individual primary contact for the consumer (and NMLS ID or license ID for that person), email, and phone number (12 CFR 1026.38(r)). Mortgage Transfer Disclosures– 12 CFR 1026.39 Notice of new owner – No later than 30 calendar days after the date on which a mortgage loan is acquired by or otherwise sold, assigned, or otherwise transferred43 to a third party, the “covered person”44 shall notify the consumer clearly and conspicuously in writing, in a form that the consumer may keep, of such transfer and include:

Identification of the loan that was sold, assigned, or otherwise transferred;
Name, address, and telephone number of the covered person;
Date of transfer;
Name, address, and telephone number of an agent or party having authority, on behalf of the
covered person, to receive notice of the right to rescind and resolve issues concerning the consumer’s payments on the mortgage loan;
Location where transfer of ownership of the debt to the covered person is or may be recorded
in public records or, alternatively, that the transfer of ownership has not been recorded in public records at the time the disclosure is provided; and
At the option of the covered person, any other information regarding the transaction.
43 The date of transfer to the covered person may, at the covered person’s option, be either the date of acquisition recognized in the books and records of the acquiring party or the date of transfer recognized in the books and records of the transferring party. 44 A “covered person” means any person, as defined in 12 CFR 1026.2(a)(22), who becomes the owner of an existing mortgage loan by acquiring legal title to the debt obligation, whether through a purchase, assignment, or other transfer, and who acquires more than one mortgage loan in any 12-month period. For purposes of this section, a servicer of a mortgage loan shall not be treated as the owner of the obligation if the servicer holds title to the loan or it is assigned to the servicer solely for the administrative convenience of the servicer in servicing the obligation. See 12 CFR 1026.39(a)(1).

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This notice of sale or transfer must be provided for any consumer credit transaction that is secured by the principal dwelling of a consumer, as well as a closed-end consumer credit transaction secured by a dwelling or real property. Thus, it applies to both closed-end mortgage loans and open-end home equity lines of credit. This notification is required of the covered person even if the loan servicer remains the same. Regulation Z also establishes special rules regarding the delivery of the notice when there is more than one covered person. In a joint acquisition of a loan, the covered persons must provide a single disclosure that lists the contact information for all covered persons. However, if one of the covered persons is authorized to receive a notice of rescission and to resolve issues concerning the consumer’s payments, the disclosure may state contact information only for that covered person. In addition, if the multiple covered persons each acquire a partial interest in the loan pursuant to separate and unrelated agreements, they may provide either a single notice or separate notices. Finally, if a covered person acquires a loan and subsequently transfers it to another covered person, a single notice may be provided on behalf of both of them, as long as the notice satisfies the timing and content requirements with respect to each of them. In addition, there are three exceptions to the notice requirement to provide the notice of sale or transfer:

The covered person sells, assigns, or otherwise transfers legal title to the mortgage loan on or
before the 30th calendar day following the date of transfer on which it acquired the mortgage loan;
The mortgage loan is transferred to the covered person in connection with a repurchase
agreement that obligates the transferring party to repurchase the mortgage loan (unless the transferring party does not repurchase the mortgage loan); or
The covered person acquires only a partial interest in the mortgage loan and the agent or
party authorized to receive the consumer’s rescission notice and resolve issues concerning the consumer’s payments on the mortgage loan does not change as a result of that transfer. If, upon confirmation, a servicer provides a confirmed successor in interest who is not liable on the mortgage loan obligation with an optional notice and acknowledgment form in accordance with Regulation X, 12 CFR 1024.32(c)(1), the servicer is not required to provide to the confirmed successor in interest the notice of sale or transfer unless and until the confirmed successor in interest either assumes the mortgage loan obligation under state law or has provided the servicer an executed acknowledgment in accordance with Regulation X, 12 CFR 1024.32(c)(1)(iv), that the confirmed successor in interest has not revoked (12 CFR 1026.39(f)). Mortgage transfer notices – partial payment policies If a creditor or servicer is required by Regulation Z to provide mortgage transfer notices when the ownership of a mortgage loan is being transferred, the notice must include information related to the partial payment policy that will apply to the mortgage loan. This postconsummation partial payment disclosure is required for a closed-end consumer credit

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September 2020 TILA 140 transaction secured by a dwelling or real property, other than a reverse mortgage (12 CFR 1026.39(a) and (d)). The partial payment disclosure must include (12 CFR 1026.39(d)(5)):

The heading “Partial Payment” over all of the following additional information:
o If periodic payments that are less than the full amount due are accepted, a statement that the covered person, using the term “lender,” may accept partial payments and apply such payments to the consumer’s loan; o If periodic payments that are less than the full amount due are accepted but not applied to a consumer’s loan until the consumer pays the remainder of the full amount due, a statement that the covered person, using the term “lender,” may hold partial payments in a separate account until the consumer pays the remainder of the payment and then apply the full periodic payment to the consumer’s loan; o If periodic payments that are less than the full amount due are not accepted, a statement that the covered person, using the term “lender,” does not accept any partial payments; and o A statement that, if the loan is sold, the new covered person, using the term “lender,” may have a different policy. The text illustrating the disclosure in Form H-25 may be modified to suit the format of the mortgage transfer notice. Any modifications must be appropriate and not affect the substance, clarity, or meaningful sequence of the disclosure (Comment 39(d)(5)-1). Periodic Statements for Residential Mortgage Loans – 12 CFR 1026.41 Creditors, assignees, or servicers45 of closed-end mortgages are generally required to provide consumers with periodic statements for each billing cycle unless the loan is a fixed-rate loan and the servicer provides the consumer with a coupon book meeting certain conditions. Periodic statements must be provided by the servicer within a reasonably prompt time after the payment is due, or at the end of any courtesy period provided by the servicer for the previous billing cycle. Delivering, emailing or placing the periodic statements in the mail within four days of the close of the courtesy period of the previous billing cycle is generally acceptable. However, periodic statements are not required for:
45 Creditors, assignees, and servicers are all subject to the requirements of 12 CFR 1026.41, as applicable. Creditors, assignees, or servicers may decide among themselves which of them will provide the required disclosures. However, establishing a business relationship where one party agrees to provide disclosures on behalf of the other parties does not absolve all other parties from their legal obligations. However, a creditor or assignee that currently does not own the mortgage loan or mortgage servicing rights is not subject to the periodic statement requirement.

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Reverse mortgage transactions covered under 12 CFR 1026.33;
Mortgage loans secured by a consumer’s interest in a timeshare plan;
Fixed-rate loans where the servicer currently provides consumers with coupon books that
contain certain specified account information, contact information for the servicer, delinquency information (if applicable), and information that consumers can use to obtain more information about their account;
Creditors, assignees, or servicers that meet the “small servicer” exemption;
NOTE: 12 CFR 1026.41(e)(4)(ii) and (iii) define a “small servicer” and provide clarification how a small servicer will be determined. A small servicer is a servicer that: (1) services, together with any affiliates, 5,000 or fewer mortgage loans, for all of which it or an affiliate is the creditor or assignee, (2) meets the definition of a Housing Finance Agency under 24 CFR 266.5, or (3) is a nonprofit entity (defined in 12 CFR 1026.41(e)(4)(ii)(C)(1)) that services 5,000 or fewer mortgage loans, including any mortgage loans serviced on behalf of associated nonprofit entities (defined in 12 CFR 1026.41(e)(4)(ii)(C)(2)), for all of which the servicer or an associated nonprofit entity is the creditor. To determine whether a servicer is a small servicer, generally, a servicer should be evaluated based on the mortgage loans serviced by the servicer and any affiliate as of January 1 for the remainder of the calendar year. However, to determine small servicer status under the nonprofit small servicer definition, a nonprofit servicer should be evaluated based on the mortgage loans serviced by the servicer (and not those serviced by associated nonprofit entities) as of January 1 for the remainder of the calendar year. A servicer that ceases to qualify as a small servicer has the later of six months from the time it ceases to qualify or until the next January 1 to come into compliance with the requirements of 12 CFR 1026.41. Under 12 CFR 1026.41(e)(4)(iii), the following mortgage loans are not considered in determining whether a servicer qualifies as a small servicer: (a) mortgage loans voluntarily serviced by the servicer for a non-affiliate of the servicer and for which the servicer does not receive any compensation or fees; (b) reverse mortgage transactions; (c) mortgage loans secured by consumers’ interests in timeshare plans; and (d) certain seller-financed transactions that meet the criteria identified in (12 CFR 1026.36(a)(5)).
A mortgage loan while the consumer is a debtor in bankruptcy under Title 11 of the U.S.
Code. Servicers, however, are required to send modified periodic statements (or coupon books) to consumers who have filed for bankruptcy, subject to certain exceptions (See the Certain Consumers in Bankruptcy discussion below);
Charged-off loans, if the servicer will not charge any additional fees or interest on the
account and provides a periodic statement including additional disclosures related to the effects of charge-off in accordance with (12 CFR 1026.41(e)(6));
A successor in interest under certain conditions: if, upon confirmation, a servicer provides a
confirmed successor in interest who is not liable on the mortgage loan obligation with an optional notice and acknowledgment form in accordance with Regulation X, 12 CFR

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1024.32(c)(1), the servicer is not required to provide to the confirmed successor in interest a periodic statement unless and until the confirmed successor in interest either assumes the mortgage loan obligation under state law or has provided the servicer an executed acknowledgment in accordance with Regulation X, 12 CFR1024.32(c)(1)(iv), that the confirmed successor in interest has not revoked (12 CFR 1026.41(g)). Servicers must provide consumers with the following information in the specified format on the periodic statements:
Amount Due

The payment due date, the amount of any late payment fee, the date that late payment fees
will be assessed to the consumer’s account if timely payment is not made, and the amount due, which must be shown more prominently than other disclosures on the page; NOTE: If the transaction has multiple payment options, the amount due under each of the payment options must be provided. The commentary to Regulation Z clarifies how servicers must disclose the amount due on periodic statements when the mortgage loan has been accelerated, is in a temporary loss mitigation program, or has been permanently modified. The commentary states the following:
Acceleration. If the balance of a mortgage loan has been accelerated but the servicer will
accept a lesser amount to reinstate the loan, the amount due must identify only the lesser amount that will be accepted to reinstate the loan. The periodic statement must be accurate when provided and should indicate, if applicable, that the amount due is accurate only for a specified period of time. For example, the statement may include language such as “as of [date]” or “good through [date]” and provide an amount due that will reinstate the loan as of that date or good through that date, respectively (Comment 41(d)(1)-1).
Temporary loss mitigation programs. If the consumer has agreed to a temporary loss
mitigation program, the amount due may identify either the payment due under the temporary loss mitigation program or the amount due according to the loan contract (Comment 41(d)(1)-2). o Permanent loan modifications. If the loan contract has been permanently modified, the amount due must identify only the amount due under the modified loan contract (Comment 41(d)(1)-3). Explanation of Amount Due
An explanation of the amount due, including the monthly payment amount with a breakdown
of how much will be applied to principal, interest, and escrow, the total sum of any fees/charges imposed since the last statement, and any payment amount past due. Mortgage loans with multiple payment options must also have a breakdown of each payment option, along with information regarding how each payment option will impact the principal;

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NOTE: The commentary to Regulation Z clarifies the explanation of amount due disclosures that must be included on periodic statements when mortgage loans have been accelerated or are in temporary loss mitigation programs. The commentary states the following:

Acceleration. If the balance of a mortgage loan has been accelerated but the servicer will
accept a lesser amount to reinstate the loan, the explanation of amount due must list both the reinstatement amount that is disclosed as the amount due and the accelerated amount. The servicer is not required to list the monthly payment amount that would otherwise be required under (12 CFR 1026.41(d)(2)(i)). The periodic statement must also include an explanation that the reinstatement amount will be accepted to reinstate the loan through the “as of [date]” or “good through [date],” as applicable, along with any special instructions for submitting the payment. The explanation should be on the front page of the statement or, alternatively, may be included on a separate
page enclosed with the periodic statement. The explanation may include related information,
such as a statement that the amount disclosed is “not a payoff amount” (Comment 41(d)(2)- 1).
Temporary loss mitigation programs. If the consumer has agreed to a temporary loss
mitigation program and the amount due identifies the payment due under the temporary loss mitigation program, the explanation of amount due must include both the amount due according to the loan contract and the payment due under the temporary loss mitigation program. The statement must also include an explanation that the amount due is being disclosed as a different amount because of the temporary loss mitigation program. The explanation should be on the front page of the statement or, alternatively, may be included on a separate page enclosed with the periodic statement or in a separate letter (Comment 41(d)(2)-2). Past Payment Breakdown
The total of all payments received since the last statement and the total of all payments
received since the start of the calendar year, including, for each payment, a breakdown of how the payment(s) was applied to principal, interest, escrow, and/or fees and charges, and any amount held in a suspense or unapplied funds account (if applicable); Transaction Activity
A list of transaction activity (including dates, a brief description, and amount) for the current
billing cycle, including any credits or debits that affect the current amount due, with the date, amount, and brief description of each transaction; Partial Payment Information
If a statement reflects a past partial payment held in a suspense or unapplied funds account,
information explaining what the consumer must do to have the payment applied to the

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September 2020 TILA 144 mortgage. Information must be on the front page or a separate page of the statement or separate letter; Contact Information

Contact information for the servicer, including a toll-free telephone number and email
address (if applicable) that the consumer may use to obtain information regarding the account. Contact information must be on the front page of the statement; and Account Information
Account information, including the outstanding principal balance, the current interest rate,
the date after which the interest rate may change if the loan is an ARM, and any prepayment penalty, as well as the web address for CFPB’s or HUD’s list of homeownership counselors or counseling organizations and the HUD toll-free telephone number to contact the counselors or counseling organizations. Delinquency Information Servicers must provide consumers that are more than 45 days delinquent on past payments additional information regarding their accounts on their periodic statements. For purposes of 12 CFR 1026.41(d)(8), the length of a consumer’s delinquency is measured as of the date of the periodic statement or the date of the written notice provided under (12 CFR 1026.41(e)(3)(iv)). A consumer’s delinquency begins on the date an amount sufficient to cover a periodic payment of principal, interest, and escrow, if applicable, becomes due and unpaid, even if the consumer is afforded a period after the due date to pay before the servicer assesses a late fee. A consumer is delinquent if one or more periodic payments of principal, interest, and escrow, if applicable, are due and unpaid (Comment 41(d)(8)-1). These items must be grouped together in close proximity to one another. To meet this requirement, the items to be provided in close proximity must be grouped together, and set off from other groupings of items. Items in close proximity may not have an unrelated text between them. Text is unrelated if it does not explain or expand upon the required disclosures. This may be accomplished in a variety of ways, for example, by presenting the information in boxes, or by arranging the items on the document and including spacing between the groupings (Comment 41(d)-1). Furthermore, the additional information must include:
The length of the consumer’s delinquency;
A notification of the possible risks of being delinquent, such as foreclosure and related
expenses;
An account history for either the previous six months or the period since the last time the
account was current (whichever is shorter), which details the amount past due from each billing cycle and the date on which payments were credited to the account as fully paid;
A notice stating any loss mitigation program that the consumer has agreed to (if applicable);

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A notice stating whether the servicer has initiated a foreclosure process;
Total payments necessary to bring the account current; and
A reference to homeownership counseling information (See Account Information above).
The regulation does not prohibit adding to the required disclosures, as long as the additional information does not overwhelm or obscure the required disclosures. For example, while certain information about the escrow account (such as the account balance) is not required on the periodic statement, this information may be included. The periodic statement may be provided electronically if the consumer agrees. The consumer must give affirmative consent to receive statements electronically. For sample periodic statements, see Appendix H-30. NOTE: Servicers may modify the sample forms for periodic statements provided in Appendix H30 to remove language that could suggest liability under the mortgage loan agreement if such language is not applicable (Comment 41(c)-5). For example, in the case of a confirmed successor in interest who has not assumed the mortgage loan obligation under state law and is not otherwise liable on the mortgage loan obligation, a servicer may modify the forms to:
Use “this mortgage” or “the mortgage” instead of “your mortgage”.
Use “The payments on this mortgage are late” instead of “You are late on your mortgage
payments”.
Use “This is the amount needed to bring the loan current” instead of “You must pay this
amount to bring your loan current”.
(Comment 41(c)-5)
Certain Consumers in Bankruptcy – 12 CFR 1026.41(e)(5) and 12 CFR 1026.41(f) Servicers must send modified periodic statements (or coupon books) to certain consumers while any consumer on a mortgage loan is a debtor in a bankruptcy under Title 11 of the U.S. Code, or if such consumer has discharged personal liability for the mortgage loan under Chapter 7, 11, 12, or 13 bankruptcy (12 CFR 1026.41(f)). The modified periodic statement requirements, however, are subject to certain exemptions. Under 12 CFR 1026.41(e)(5)(i), a servicer is exempt from the periodic statement requirements with regard to a mortgage loan if:
Any consumer on the loan is a debtor in bankruptcy under Title 11 of the U.S. Code, or if
such consumer has discharged personal liability for the mortgage loan under Chapter 7, 11, 12, or 13 bankruptcy or the consumer has discharged personal liability for the mortgage loan through bankruptcy; and

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With regard to any consumer on the mortgage loan:
o The consumer requests in writing that the servicer cease providing a periodic statement or coupon book; o The consumer’s bankruptcy plan provides that the consumer will surrender the dwelling securing the mortgage loan, provides for the avoidance of the lien securing the mortgage loan, or otherwise does not provide for the payment of the pre-bankruptcy arrearage or the maintenance of payments due under the mortgage loan; o A court enters an order in the bankruptcy case providing for the avoidance of the lien securing the mortgage loan, lifting the automatic stay pursuant to 11 U.S.C. 362 with regard to the dwelling securing the mortgage loan, or requiring the servicer to cease providing a periodic statement or coupon book; or o The consumer files with the bankruptcy court a statement of intention pursuant to 11 U.S.C. 521(a) identifying an intent to surrender the dwelling and the consumer has not made any partial or periodic payment on the mortgage loan after the commencement of the bankruptcy case. The bankruptcy exemption will no longer apply, however, if the consumer reaffirms personal liability for the loan, or any consumer on the loan requests in writing that the servicer provide a periodic statement or coupon book, unless a court enters an order in the bankruptcy case requiring the servicer to cease providing a periodic statement or coupon book. Servicers not meeting the above exemption must send modified periodic statements or coupon books with regard to a mortgage loan as required by 12 CFR 1026.41(f) while any consumer on a mortgage loan is a debtor in a bankruptcy under Title 11 of the U.S. Code, or if such consumer has discharged personal liability for the mortgage loan under Chapter 7, 11, 12, or 13 bankruptcy. The content of the periodic statements will vary depending on whether the consumer is a debtor in a Chapter 7 or 11 bankruptcy case, or a Chapter 12 or 13 bankruptcy case.
Appendix H includes a Sample Form of Periodic Statement for Consumer in Chapter 7 or
Chapter 11 Bankruptcy (See H-30(E)) and a Sample Form of Periodic Statement for Consumer in
Chapter 12 or Chapter 13 Bankruptcy (See H-30(F)) that servicers may use for consumers in
bankruptcy to ensure compliance with (12 CFR 1026.41).
Servicers not meeting the above exemption must send modified periodic statements or coupon books as required by (12 CFR 1026.41(f)). Valuation Independence – 12 CFR 1026.42 Regulation Z seeks to ensure that real estate appraisers, and others preparing valuations, are free to use their independent professional judgment in assigning home values without influence or pressure from those with interests in the transactions. Regulation Z also seeks to ensure that appraisers receive customary and reasonable payments for their services. Regulation Z’s valuation rules apply to creditors and settlement services providers for consumer credit

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September 2020 TILA 147 transactions secured by the consumer’s principal dwelling (covered transaction) and includes several provisions that protect the integrity of the appraisal process when a consumer’s principal dwelling is securing the loan. In general, the rule prohibits “covered persons” from engaging in coercion, bribery, and other similar actions designed to cause anyone who prepares a valuation to base the value of the property on factors other than the person’s independent judgment.46 More specifically, Regulation Z:

Prohibits coercion and other similar actions designed to cause appraisers to base the
appraised value of properties on factors other than their independent judgment;
Prohibits appraisers and appraisal management companies hired by lenders from having
financial or other interests in the properties or the credit transactions;
Prohibits creditors from extending credit based on appraisals if they know beforehand of
violations involving appraiser coercion or conflicts of interest, unless the creditors determine that the values of the properties are not materially misstated;
Prohibits a person who prepares a valuation from materially misrepresenting the value of the
consumer’s principal dwelling, and prohibits a covered person other than the person who prepares valuations from materially altering a valuation. A misrepresentation or alteration is material if it is likely to significantly affect the value assigned to the consumer’s principal dwelling;
Prohibits any covered person from falsifying a valuation or inducing a misrepresentation,
falsification, or alteration of value;
Requires that creditors or settlement service providers that have information about appraiser
misconduct file reports with the appropriate state licensing authorities if the misconduct is material (i.e., likely to significantly affect the value assigned to the consumer’s principal dwelling; and
Requires the payment of customary and reasonable compensation to appraisers who are not
employees of the creditors or of the appraisal management companies hired by the creditors. NOTE: Voluntary donation of appraisal services by a fee appraiser47 to an organization eligible to receive tax-deductible charitable contributions meets the customary-and-reasonable requirements (15 U.S.C.1639e(i)(2)(B)). 46 This section applies to any consumer credit transaction secured by a dwelling. A “covered person” means a creditor with respect to a covered transaction. A “covered transaction” means an extension of consumer credit that is or will be secured by a dwelling, as defined in 12 CFR 1026.2(a)(19). 47 A fee appraiser is a state-licensed or certified appraiser, or a company using their services who receives a fee for performing appraisals.

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Minimum Standards for Transactions Secured by a Dwelling (Ability to Repay and Qualified Mortgages) – 12 CFR 1026.43 Minimum standards for transactions secured by a dwelling – 12 CFR 1026.43(a), (g), (h) Creditors originating certain mortgage loans are required to make a reasonable and good faith determination at or before consummation that a consumer will have the ability to repay the loan. The ability-to-repay requirement applies to most closed-end mortgage loans; however, there are some exclusions, including:

Home equity lines of credit;48
Mortgages secured by an interest in a timeshare plan;
Reverse mortgages;
A temporary bridge loan with a term of 12 months or less, such as a loan to finance the
purchase of a new dwelling where the consumer plans to sell a current dwelling within 12 months or a loan to finance the initial construction of a dwelling;
A construction phase of 12 months or less of a construction-to-permanent loan; and
An extension of credit made pursuant to a program authorized by Sections 101 and 109 of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211; 5219).
NOTE: There are additional exclusions under 12 CFR 1026.43(a) that generally include extensions of credit by various state or federal government agencies or programs or by creditors with specific designations under such programs or extensions of credit that meet certain criteria and are extended by certain creditors that the Internal Revenue Service (IRS) has determined are 501(c)(3) nonprofits. For a full list and criteria, (see 12 CFR 1026.43(a)(3)(iv)–(vii)). Generally, loans covered under this section (which, for purposes of the prepayment penalty provisions in 12 CFR 1026.43(g), includes reverse mortgages and temporary loans otherwise excluded49 from the ability-to-repay provisions) may not have prepayment penalties; however, there are exceptions for certain fixed-rate and step-rate qualified mortgages that are not higherpriced mortgage loans (as defined in 12 CFR 1026.35(a)), and only if otherwise permitted by law. For such mortgages, the prepayment penalties must be limited to the first three years of the loan and may not exceed 2 percent for the first two years and 1 percent for the third year. The 48 For open-end credit transactions that are high-cost mortgages as defined in 12 CFR 1026.32, creditors are required to determine a borrower’s ability to repay under 12 CFR 1026.34. 49 These include a temporary or “bridge” loan with a term of 12 months or less; a construction phase of 12 months or less of a construction-to-permanent loan; or an extension of credit made pursuant to a program administered by a housing finance agency; by certain community development or nonprofit lenders, as specified in 12 CFR 1026.43(a)(3)(v); or in connection with certain federal emergency economic stabilization programs (12 CFR 1026.43(a)(3)).

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September 2020 TILA 149 creditor must offer the consumer an alternative loan without such penalties that the creditor has a good faith belief that the consumer likely qualifies for, with the same term, a fixed rate or step rate, substantially equal payments, and limited points and fees (See 12 CFR 1026.43(g)). Ability to Repay – 12 CFR 1026.43(c) Except as provided under 12 CFR 1026.43(d) (refinancing of non-standard mortgages), (e) (qualified mortgages), and (f) (balloon payment qualified mortgages by certain creditors), creditors must consider the following eight underwriting factors when making a determination of the consumer’s ability to repay:

The consumer’s current or reasonably expected income or assets (excluding the value of the
dwelling and any attached real property);
The consumer’s current employment status if the creditor relies on the consumer’s income in
determining repayment ability;
The consumer’s monthly payment for the mortgage loan;
The consumer’s monthly payment on any simultaneous loan (i.e., a covered transaction or
HELOC that is being consummated generally at the same or similar time) secured by the same dwelling that the creditor knows or has reason to know will be made, calculated in accordance with 12 CFR 1026.43(c)(6);
The consumer’s monthly payment for mortgage-related obligations, including property taxes;
The consumer’s current debt obligations, alimony, and child support;
The consumer’s monthly debt-to-income ratio or residual income, calculated in accordance
with 12 CFR 1026.43(c)(7); and
The consumer’s credit history.
Creditors are required to verify this information using reasonably reliable third-party records, with specific rules for verification of income or assets and employment status. In the case of the consumer’s income or assets, the creditor must use third-party records that provide reasonably reliable evidence of such income or assets. Creditors may verify the information considered using the consumer’s income tax return transcripts issued by the IRS, copies of tax returns filed by the consumer, W-2s or similar documentation, payroll statements, financial institution records, receipts from check-cashing or fund transfer services, and records from the consumer’s employer or other specified records (12 CFR 1026.43(c)(4)). Regulation Z also provides rules for how creditors must apply certain underwriting factors when determining whether a consumer has the ability to repay the mortgage. For example, creditors must calculate the monthly payment for the covered transaction using the greater of the fully indexed rate or any introductory interest rate, and the monthly, fully amortizing payments that are substantially equal during the loan term. However, special rules apply to mortgages with a

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September 2020 TILA 150 balloon payment, interest-only loans, and negative amortization loans due to the unique characteristics of the mortgage (12 CFR 1026.43(c)(5)). Finally, creditors may not evade the ability-to-repay requirements by structuring a closed-end loan secured by a dwelling as open-end credit that does not meet the definition of open-end credit plan. Exemption from ATR Requirements for Refinancing of Non-Standard Mortgages – 12 CFR 1026.43(d) 12 CFR 1026.43(d) provides special rules for refinancing a “non-standard mortgage” into a “standard mortgage”. A “non-standard mortgage” is a covered transaction50 as defined under 12 CFR 1026.43(a) that is:

An adjustable rate mortgage with an introductory fixed interest rate for a period of one year
or longer;
An interest-only loan; or
A negative amortization loan.
A “standard mortgage” is a covered transaction as defined under 12 CFR 1026.43(a) with:
Periodic payments that do not cause the principal balance to increase, do not allow the
consumer to defer repayment of the principal, or do not result in balloon payments;
Total points and fees that are not more than those allowed in 12 CFR 1026.43(e)(3);
A term that does not exceed 40 years;
An interest rate that is fixed for the first five years of the loan; and
Proceeds that are used solely to pay off the outstanding principal on the non-standard
mortgage and closing or settlement costs (that are required to be disclosed under RESPA). Current holders of non-standard mortgages or their servicers (collectively referred to here as “holders”) can refinance non-standard mortgages into standard mortgages without considering a consumer’s ability to repay under 12 CFR 1026.43(c), if certain conditions are met. To qualify for the exemption from the ability-to-repay requirements:
50 A covered transaction is a consumer credit transaction that is secured by a dwelling, including any real property attached to the dwelling. A covered transaction is not a home equity line of credit under 12 CFR 1026.40; a mortgage secured by a consumer’s interest in a timeshare plan; a reverse mortgage under 12 CFR 1026.33; a temporary or “bridge” loan with a term of 12 months or less; a construction phase of 12 months or less of a construction-to-permanent loan; or an extension of credit made pursuant to a program administered by a housing finance agency; by certain community development or nonprofit lenders, as specified in 12 CFR 1026.43(a)(3)(v); or in connection with certain federal emergency economic stabilization programs.

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The standard mortgage must have a monthly payment that is “materially lower”51 than the
non-standard mortgage;
The creditor must receive a written application from the consumer for the standard
mortgage no later than two months after the non-standard mortgage is recast; and
On the non-standard mortgage, consumers must have made no more than one payment
more than 30 days late during the preceding 12 months and must have made no late payments more than 30 days late in the preceding six months of the holder receiving the application for a standard mortgage. For non-standard loans consummated on or after January 10, 2014, that are refinanced into standard mortgages, the exemption from the ability-to-repay requirements for the refinancing is available only if the non-standard mortgage met the repayment ability requirements under 12 CFR 1026.43(c) or the qualified mortgage requirements under 12 CFR 1026.43(e) as applicable. If these conditions are satisfied and if the holder has considered whether the standard mortgage is likely to prevent the consumer from defaulting on the non-standard mortgage once the loan terms are recast, the holder is not required to meet the ability-to-repay requirements in 12 CFR 1026.43(c). Finally, holders refinancing a non-standard mortgage to a standard mortgage may offer consumers rate discounts and terms that are the same as (or better than) rate discounts and terms that the holder offers to new consumers, consistent with the holder’s documented underwriting practices and to the extent not prohibited by applicable laws. For example, a holder would comply with this requirement if it has documented underwriting practices that provide for offering rate discounts to consumers with credit scores above a certain threshold, even though the consumer would not normally qualify for that discounted rate. Qualified Mortgages: Rebuttable Presumption and Safe Harbor – 12 CFR 1026.43(e) The rule provides a presumption of compliance with the ability-to-repay requirements for creditors that originate certain types of loans called “qualified mortgages.” There are several categories of qualified mortgages, which are discussed below. Qualified mortgages afford creditors and assignees greater protection against liability under the ability-to-repay provisions. Qualified mortgages that are not higher-priced covered transactions receive a safe harbor under the ability-to-repay provisions, which means the presumption of compliance cannot be rebutted. A qualified mortgage is higher-priced if the loan’s APR exceeds the APOR for a comparable 51 When comparing the payments, the holder must calculate the payment for the standard mortgage based on substantially equal, monthly, fully amortizing payments based on the maximum interest rate that may apply in the first five years. The holder must calculate the non-standard mortgage payment based on substantially equal, monthly, fully amortizing payments of principal and interest using:
The fully indexed rate as of a reasonable period of time before or after the date on which the creditor receives the consumer’s
application for the standard mortgage;
The term of the loan remaining as of the date on which the recast occurs, assuming all scheduled payments have been made up
to the recast date, and the payment due on the recast date is made and credited as of that date; and
The remaining loan amount, which is calculated differently depending on whether the loan is an adjustable rate mortgage,
interest-only loan, or negative amortization loan (12 CFR 1026.43(d)(5)).

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September 2020 TILA 152 transaction by 1.5 percentage points or more for first-lien loans other than those that fall within the small-creditor portfolio, temporary small-creditor balloon-payment, or balloon-payment qualified mortgage definitions, and 3.5 percentage points for first-lien loans that fall within those qualified mortgage definitions or for second-lien loans. Special APR calculation rules apply to certain adjustable-rate and step-rate loans made under the general qualified mortgage definition that took effect on March 1, 2021, for purposes of determining if the loan is a higher-priced qualified mortgage. Generally, the safe harbor provides a conclusive presumption that the creditor made a good faith and reasonable determination of the consumer’s ability to repay. Qualified mortgages that are higher-priced receive a rebuttable presumption of compliance rather than a safe harbor with the ability-to-repay provisions. This means that the loan is presumed to comply with the ability-torepay provisions, but, for example, the consumer would have the opportunity to rebut that presumption in future ability-to-repay litigation. For a qualified mortgage that is a higher-priced covered transaction, the presumption of compliance is rebuttable by showing that at consummation, the consumer’s income, debt obligations, alimony, child support, and monthly payments on the loan and mortgage-related obligations and simultaneous loans of which the creditor was aware at consummation would leave the consumer with insufficient residual income or assets (other than the value of the dwelling and real property) to meet living expenses (including recurring and material non-debt obligations that the creditor was aware of at consummation). Requirements for Qualified Mortgages – Generally – 12 CFR 1026.43(e)(2) and (3) Loans that are qualified mortgages under the general qualified mortgage definition must provide for regular periodic payments that are substantially equal (except for the effect that any interest rate change after consummation has on the payment in the case of an adjustable-rate or step-rate mortgage) and may not have negative amortization, interest-only payments, balloon payments, or terms exceeding 30 years. A qualified mortgage for loans greater than or equal to $100,000 (indexed for inflation) may not have points and fees paid by the consumer that exceed 3 percent of the total loan amount (although certain “bona fide discount points” are excluded for certain loans with pricing within prescribed ranges of APOR – the average prime offer rate). The rule provides guidance on calculating points and fees and thresholds for smaller loans.52 The rule also requires that the creditor underwrite the loan (taking into account monthly payments for mortgage-related obligations) using the maximum interest rate that will apply in the first five years after the date on which the first periodic payment is due. The general definition of a qualified mortgage also
considers a loan’s pricing. Under the amended rule issued by the Bureau, effective March 1, 2021, a loan greater than or equal to $110,260 (indexed for inflation) meets the general qualified mortgage definition if the APR exceeds the APOR for a comparable transaction by less than 2.25 percentage points as of the 52 The definition and calculation rules for points and fees are the same as those used to determine whether a closed-end mortgage is a HOEPA loan, discussed above at 12 CFR 1026.32(b)(2). See Comment 43(e)(3)(ii)-1.

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September 2020 TILA 153 date the interest rate is set. The amended rule provides pricing thresholds higher than 2.25 percentage points above APOR for loans with smaller loan amounts, subordinate-lien transactions, and smaller manufactured housing loans. The amended rule also includes a special rule for calculating the APR for ARMs for purposes of these pricing thresholds. For a loan to be a qualified mortgage under the general definition, the creditor must also (1) consider the consumer’s monthly debt-to-income ratio or residual income; current or reasonably expected income or assets other than the value of the dwelling (including any real property attached to the dwelling) that secures the loan; and debt obligations, alimony, and child support, and (2) verify the consumer’s current or reasonably expected income or assets other than the value of the dwelling (including any real property attached to the dwelling) that secures the loan and the consumer’s current debt obligations, alimony, and child support. For transactions for which a creditor received the consumer’s application prior to the amended rule’s mandatory compliance date, October 1, 2022, creditors seeking to originate general qualified mortgages will have the option of complying with either the current general qualified mortgage definition (described above) or the definition in place prior to March 1, 2021. The older definition did not include the price-based limit described in the previous paragraph and instead required that the consumer’s total monthly debt to total monthly income not exceed 43 percent. Unlike the current definition, the older definition further required that creditors calculate debt and income for purposes of determining the consumer’s debt-to-income ratio using the standards contained in former Appendix Q of Regulation Z. 53 Qualified Mortgages – Other Agencies – 12 CFR 1026.43(e)(4) Regulation Z provides a temporary category of qualified mortgages that are eligible to be purchased or guaranteed by the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the governmentsponsored enterprises or GSEs) while under the conservatorship of the Federal Housing Finance Agency (FHFA). This temporary category is commonly known as the GSE Patch. The GSE Patch is available for transactions that are both (1) consummated on or before the date the applicable GSE ceases to operate under conservatorship and (2) transactions for which the creditor receives the consumer’s application before October 1, 2022. However, the practical availability of the GSE Patch may be affected by policies or agreements created by parties other than the Bureau, such as the Preferred Stock Purchase Agreements (PSPAs), which include restrictions on GSE purchases that rely on the GSE Patch definition after July 1, 2021. Further, HUD, VA, and USDA have issued definitions for qualified mortgages for loans they insure, guarantee, or
provide under applicable law. These definitions may be found under 24 53 The General QM Final Rule, effective March 1, 2021, removed Appendix Q from Regulation Z. However, for consumer applications received prior to October 1, 2022, creditors that rely on the older General QM definition must continue to calculate debt and income for purposes of determining the consumer’s debt-to-income ratio in accordance with Appendix Q of Regulation Z as was in effect on February 28, 2021. For consumer applications received on or after October 1, 2022, creditors must rely on the current General QM definition, which does not include Appendix Q.

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CFR 201.7 and 24 CFR 203.19 (HUD), 38 CFR 36.4300 and 38 CFR 36.4500 (VA), and 7 CFR
3555.109 (USDA).
Qualified Mortgage – Small Creditor Portfolio Loans – 12 CFR 1026.43(e)(5) Mortgages that are originated and held in portfolio by certain small creditors are also qualified mortgages if they meet certain requirements. These mortgages must generally satisfy the requirements applicable to qualified mortgages, including prohibitions on negative-amortization, balloon-payment, and interest-only features; maximum loan terms of 30 years; and points-and-fees restrictions. The creditor must consider the consumer’s monthly debt-to-income ratio or residual income; current or reasonably expected income or assets other than the value of the dwelling (including any real property attached to the dwelling) that secures the loan; and debt obligations, alimony, and child support, and verify the consumer’s current or reasonably expected income or assets other than the value of the dwelling (including any real property attached to the dwelling) that secures the loan and the consumer’s current debt obligations, alimony, and child support. A small creditor that satisfies the exemption criteria in 12 CFR 1026.35(b)(2)(iii)(B) and (C) is eligible to make small creditor portfolio qualified mortgages. (In contrast to 12 CFR 1026.43(f), below, eligibility for this qualified mortgage category is not conditioned on the small creditor operating in a rural or underserved area.) For a period of three years after consummation, the creditor may not transfer the loan, or the loan will lose its status as a qualified mortgage. The qualified mortgage status continues under 12 CFR 1026.43(e)(5)(ii), however, if the creditor transfers the loan to another creditor that meets the requirements to be a small lender, or when the loan is transferred due to a capital restoration plan, bankruptcy, or state or federal governmental agency order, or if the mortgage is transferred pursuant to a merger or acquisition of the creditor. A qualified mortgage can be transferred after three years without losing its status. Small Creditor Rural or Underserved Balloon-Payment Qualified Mortgages and Temporary Balloon-Payment Qualified Mortgages – 12 CFR 1026.43(f) and 1026.43(e)(6) Balloon-payment mortgages are qualified mortgages if they are originated and held in portfolio by small creditors operating in a rural or underserved area and meet certain other requirements. These mortgages must satisfy certain requirements applicable to qualified mortgages, including prohibitions on negative-amortization and interest-only features; maximum loan terms of 30 years; and points-and-fees restrictions. These loans must have a term of at least five years and a fixed interest rate and meet certain basic underwriting standards. The creditor must consider the consumer’s monthly debt-to-income ratio or residual income; current or reasonably expected income or assets other than the value of the dwelling (including any real property attached to the dwelling) that secures the loan; and debt obligations, alimony, and child
support, and verify the consumer’s current or reasonably expected income or assets other than the value of the dwelling (including any real property attached to the dwelling) that secures the loan and the consumer’s current debt obligations, alimony, and child support. This category of qualified mortgage is not

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September 2020 TILA 155 available for a loan that, at origination, is subject to a forward commitment to be acquired by a person that does not itself qualify for the category (under the requirements outlined in the next paragraph). A small creditor that satisfies the exemption criteria in 12 CFR 1026.35(b)(2)(iii)) (A), (B), and (C) (higher-priced mortgage escrow requirements) is eligible to make rural or underserved balloon-payment qualified mortgages. For a period of three years after consummation, the creditor may not transfer the loan, or it will lose its status as a qualified mortgage. The qualified mortgage status continues under 12 CFR 1026.43(f)(2), however, if the creditor transfers the loan to another creditor that meets the requirements to be a small rural lender, or when the loan is transferred due to a capital restoration plan, bankruptcy, or state or federal governmental agency order, or if the mortgage is transferred pursuant to a merger or acquisition of the creditor. A qualified mortgage can be transferred after three years without losing its status. There is also a temporary qualified mortgage category for balloon-payment mortgages that would otherwise meet the requirements of 12 CFR 1026.43(f) but that are originated by small creditors that do not operate in a rural or underserved area. This category is applicable to covered transactions for which the application was received before April 1, 2016 (12 CFR 1026.43(e)(6)(ii)). Qualified Mortgage – Seasoned Loans – 12 CFR 1026.43(e)(7) The Seasoned QM Final Rule, effective March 1, 2021, created a new category of qualified mortgage known as seasoned qualified mortgages. To be eligible to be a seasoned qualified mortgage, a covered transaction must be a first-lien, fixed-rate loan that has met certain performance requirements over a seasoning period of at least 36 months, be held in portfolio by the originating creditor or first purchaser until the end of the seasoning period (subject to certain enumerated exceptions), comply with general restrictions on product features and points and fees, and meet certain underwriting requirements. A loan made by any creditor, regardless of size, is eligible to become a seasoned qualified mortgage if at the end of the seasoning period it meets the requirements in the Seasoned QM Final Rule. Loans that satisfy another QM definition at consummation also can be seasoned qualified mortgages if the requirements for seasoned qualified mortgages are met. Qualified Mortgage – Insured depository institution or insured credit union that, together with its affiliates, has less than $10 billion in total consolidated assets (covered institution): Portfolio loans – 15 U.S.C. 1639c(b)(2)(F)54 Under EGRRCPA, residential mortgages that are originated and held in portfolio by covered institutions (insured depository institutions or insured credit unions with less than $10 billion in total consolidated assets, together with their affiliates) are qualified mortgages
if they meet 54 This statutory provision is effective without any requirement to adopt regulations, and Regulation Z has not been amended to incorporate this provision as of the date of these procedures.

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September 2020 TILA 156 certain statutory requirements. Such loans are subject to prepayment penalty limitations and must not have negative amortization or interest-only features, have points and fees within applicable limits, and the creditor must consider and document debt, income and assets. The creditor must consider and document (as described in the statute) debt, income, and financial resources of the consumer in underwriting the loan. The loan loses its qualified mortgage status upon sale, assignment, or transfer, except in the case of a transfer (1) due to bankruptcy or failure; (2) to another covered institution that also retains the loan in portfolio; (3) pursuant to a merger or acquisition by or to another person who retains the loan in portfolio; or (4) to a wholly owned subsidiary, provided that the loan is considered an asset by the covered institution for regulatory accounting purposes. Subpart F – Special Rules for Private Education Loans Subpart F relates to private education loans. It contains rules on disclosures 12 CFR 1026.46, the right to cancel the loan 12 CFR 1026.47, and limitations on changes in terms after approval and on co-branding in the marketing of private education loans (12 CFR 1026.48). Special Disclosure Requirements for Private Education Loans – 12 CFR 1026.46 The disclosures required under Subpart F apply only to private education loans. Except where specifically provided otherwise, the requirements and limitations of Subpart F are in addition to the requirements of the other subparts of Regulation Z. A private education loan means an extension of credit that:

Is not made, insured, or guaranteed under Title IV of the Higher Education Act of 1965;
Is extended to a consumer expressly, in whole or part, for postsecondary educational
expenses, regardless of whether the loan is provided by the educational institution that the student attends; and
Does not include open-end credit or any loan that is secured by real property or a dwelling.
A private education loan does not include an extension of credit in which the covered educational institution is the creditor if:
The term of the extension of credit is 90 days or less; or
An interest rate will not be applied to the credit balance, and the term of the extension of
credit is one year or less, even if the credit is payable in more than four installments.

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Content of Disclosures – 12 CFR 1026.47
Disclosure Requirements
This section establishes the content that a creditor must include in its disclosures to a consumer at three different stages in the private education loan origination process:

Application or Solicitation Disclosures – With any application or solicitation;
Approval Disclosures – With any notice of approval of the private education loan; and
Final Disclosures – After the consumer accepts the loan. In addition, 12 CFR 1026.48(d)
requires that the disclosures must be provided at least three business days prior to disbursement of the loan funds. Rights of the Consumer The creditor must disclose that, if approved for the loan, the consumer has the right to accept the loan on the terms approved for up to 30 calendar days. The disclosure must inform the consumer that the rate and terms of the loan will not change during this period, except for changes to the rate based on adjustments to the index used for the loan and other changes permitted by law. The creditor must disclose that the consumer also has the right to cancel the loan, without penalty, until midnight of the third business day following the date on which the consumer receives the final disclosures. Limitations on Private Education Loans – 12 CFR 1026.48 This section contains rules and limitations on private education loans, including:

A prohibition on co-branding in the marketing of private education loans;
Rules governing the 30-day acceptance period and three business-day cancellation period and
prohibition on disbursement of loan proceeds until the cancellation period has expired;
The requirement that the creditor obtain a self-certification form from the consumer before
consummation; and
The requirement that creditors in preferred lender arrangements provide certain information
to covered educational institutions.
Co-Branding Prohibited
Regulation Z prohibits creditors from using the name, emblem, mascot, or logo of a covered institution (or other words, pictures, or symbols readily identified with a covered institution) in the marketing of private education loans in a way that implies endorsement by the educational institution. Marketing that refers to an educational institution does not imply endorsement if the marketing includes a clear and conspicuous disclosure that is equally prominent and closely proximate to the reference to the institution that the educational institution does not endorse the

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September 2020 TILA 158 creditor’s loans, and that the creditor is not affiliated with the educational institution. There is also an exception in cases where the educational institution actually does endorse the creditor’s loans, but the marketing must make a clear and conspicuous disclosure that is equally prominent and closely proximate to the reference to the institution that the creditor, and not the educational institution, is making the loan. Private Education Loan Protections in the Event of Death or Bankruptcy – 15 U.S.C. 1650 TILA defines a cosigner with respect to a private education loan as any individual who is liable for the obligation of another without compensation regardless of how designated in the contract or instrument, and includes any person whose signature is requested as a condition to grant credit or to forbear on collection of the private education loan. This definition does not extend to obligations intended to consolidate a consumer’s pre-existing private education loan. A cosigner does not include a spouse whose signature is required to perfect a security interest in the loan. EGRRCPA amended TILA to enhance consumer protections for student borrowers and cosigners of private education loans. Specifically, a private education loan creditor may not declare a default or accelerate a debt against a student obligor on the sole basis of bankruptcy or death of a cosigner. Additionally, the holder of a private education loan must release, within a reasonable time frame, any cosigner of their obligations related to the loan, when the holder is notified of the death of a student obligor. The holder or servicer of the private education loan, as applicable, must notify, within a reasonable time frame, a cosigner who is released of their obligations. A private education loan creditor also must provide a student obligor the option to designate an individual to have the legal authority to act on behalf of the student obligor in the event of death of the obligor. These protections apply only to private education loan agreements entered into on or after November 24, 2018.

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Subpart G – Special Rules Applicable to Credit Card Accounts and Open-End Credit Offered to College Students Subpart G relates to credit card accounts under an open-end (not home-secured) consumer credit plan (except for 12 CFR 1026.57(c)), which applies to all open-end credit plans). This subpart contains rules regarding credit and charge card application and solicitation disclosures 12 CFR 1026.60, as well as hybrid prepaid-credit cards (12 CFR 1026.61). It also contains rules on evaluation of a consumer’s ability to make the required payments under the terms of an account 12 CFR 1026.51, limits the fees that a consumer can be required to pay 12 CFR 1026.52, and contains rules on allocation of payments in excess of the minimum payment (12 CFR 1026.53). The subpart also sets forth certain limitations on the imposition of finance charges as the result of a loss of a grace period 12 CFR 1026.54 and on increases in annual percentage rates, fees, and charges for credit card accounts (12 CFR 1026.55), including the reevaluation of rate increases (12 CFR 1026.59). This subpart prohibits the assessment of fees or charges for over-the-limit transactions unless the consumer affirmatively consents to the creditor’s payment of over-the-limit transactions (12 CFR 1026.56). This subpart also sets forth rules for reporting and marketing of college student open-end credit (12 CFR 1026.57). Finally, it sets forth requirements for the Internet posting of credit card accounts under an open-end (not home-secured) consumer credit plan (12 CFR 1026.58). Evaluation of the Consumer’s Ability to Pay – 12 CFR 1026.51 Regulation Z requires credit card issuers to consider a consumer’s ability to pay before opening a new credit card account or increasing the credit limit for an existing credit card account. Additionally, the rule provides specific requirements that must be met before opening a new credit card account or increasing the credit limit on an existing account when the consumer is under the age of 21. When evaluating a consumer’s ability to pay, credit card issuers must perform a review of a consumer’s income or assets and current obligations. Card issuers are permitted, however, to rely on information provided by the consumer. The rule does not require card issuers to verify a consumer’s statements; a card issuer may base its determination of ability to repay on facts and circumstances known to the card issuer (Comment 51(a)(1)(i)-2). A card issuer may also consider information obtained through any empirically derived, demonstrably, and statistically sound model that reasonably estimates a consumer’s income or assets. Card issuers may consider any income and assets to which the consumer has a reasonable expectation of access or may limit their consideration to the consumer’s independent income and assets. The rule also requires that issuers consider at least one of the following:

The ratio of debt obligations to income,

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The ratio of debt obligations to assets, or
The income the consumer will have after paying debt obligations (i.e., residual income).
The rule also provides that it would be unreasonable for a card issuer not to review any information about a consumer’s income, assets, or current obligations, or to issue a credit card to a consumer who does not have any income or assets. Because credit card accounts typically require consumers to make a minimum monthly payment that is a percentage of the total balance (plus, in some cases, accrued interest and fees), card issuers are required to consider the consumer’s ability to make the required minimum payments. Card issuers must also establish and maintain reasonable written policies and procedures to consider a consumer’s income or assets and current obligations. Because the minimum payment is unknown at account opening, the rule requires that card issuers use a reasonable method to estimate a consumer’s minimum payment. The regulation provides a safe harbor for card issuers to estimate the required minimum periodic payment if the card issuer:

Assumes utilization, from the first day of the billing cycle, of the full credit line that the card
issuer is considering offering to the consumer; and
Uses a minimum payment formula employed by the card issuer for the product that the card
issuer is considering offering to the consumer or, in the case of an existing account, the minimum payment formula that currently applies to that account, provided:
a. If the minimum payment formula includes interest charges, the card issuer estimates those charges using an interest rate that the card issuer is considering offering to the consumer for purchases or, in the case of an existing account, the interest rate that currently applies to purchases; and b. If the applicable minimum payment formula includes mandatory fees, the card issuer must assume that such fees have been charged to the account. Specific Requirements for Underage Consumers – 12 CFR 1026.51(b)(1) Regulation Z prohibits the issuance of a credit card to a consumer who has not attained the age of 21 unless the consumer has submitted a written application and the creditor has:

Information indicating that the underage consumer has an independent ability to make the
required minimum payments on the account; or
The signature of a cosigner, guarantor, or joint applicant who has attained the age of 21, who
has the ability to repay debts (based on 12 CFR 1026.51) incurred by the underage consumer in connection with the account, and who assumes joint liability for all debts or secondary liability for any debts incurred before the underage consumer attains 21 years of age.
For credit line increases:

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If an account was opened based on the underage consumer’s independent ability to repay,
in order to increase the consumer’s credit line before he or she turns 21, the issuer either must determine that the consumer has an independent ability to make the required minimum payments at the time of the contemplated increase, or must obtain an agreement from a cosigner, guarantor, or joint applicant who is 21 or older and who has the ability to repay debts to assume liability for any debt incurred on the account.
If the account was opened based on the ability of a cosigner over the age of 21 to pay, the
issuer must obtain written consent from that cosigner before increasing the credit limit. Limitations of Fees – 12 CFR 1026.52 Limitations on Fees During First Year After Account Opening – 12 CFR 1026.52(a) During the first year after account opening, issuers are prohibited from requiring consumers to pay fees (other than fees for late payments, returned payments, and exceeding the credit limit) that in the aggregate exceed 25 percent of the initial credit limit in effect when the account is opened. An account is considered open no earlier than the date on which the account may first be used by the consumer to engage in transactions. With regard to a covered separate credit feature and an asset feature on a prepaid account that are both accessible by a hybrid prepaid-credit card, where the credit feature is a credit card account under an open-end (not home-secured) consumer credit plan, this restriction also applies to fees or charges imposed on the asset feature of the prepaid account that are charges imposed as part of the plan under 12 CFR 1026.6(b)(3) (Comments 6(b)(3)(iii)(D)-1 and 52(a)(2)-2). NOTE: The 25 percent limitation on fees does not apply to fees assessed prior to opening the account. Limitations on Penalty Fees – 12 CFR 1026.52(b) TILA requires that penalty fees imposed by card issuers be reasonable and proportional to the violation of the account terms. Among other things, the regulation prohibits credit card issuers from charging a penalty fee of more than $28 for paying late or otherwise violating the account’s terms for the first violation, $39 for an additional violation of the same type during the same billing cycle or one of the next six billing cycles, or 3 percent of the delinquent balance on the charge card account that requires payment of outstanding balances in full at the end of each billing cycle if payment has not been received for two or more consecutive billing cycles unless the issuer determines that a higher fee represents a reasonable proportion of the costs it incurs as a result of that type of violation and reevaluates that determination at least once every 12 months.55 With regard to a covered separate credit feature and an asset feature on a 55 The dollar amounts in this paragraph may be adjusted annually by the CFPB to reflect changes in the Consumer Price Index that warrant an increase or decrease of a whole dollar. The amounts were increased to $28 and $39, respectively, effective January 1, 2019. Further adjustments may be made in subsequent years. (See 12 CFR 1026.52(b)(1)(ii)(D); Comment 52(b)(1)(ii) – 2.)

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September 2020 TILA 162 prepaid account that are both accessible by a hybrid prepaid-credit card, where the credit feature is a credit card account under an open-end (not home-secured) consumer credit plan, this provision also applies to any fee for violating the terms or other requirements of the credit feature, regardless of whether those fees are imposed on the credit or asset feature of the prepaid account (Comment 52(b)-3). Credit card issuers are not permitted to charge penalty fees that exceed the dollar amount associated with the consumer’s violation of the terms or other requirements of the credit card account. For example, card issuers are not permitted to charge a $39 fee when a consumer is late making a $20 minimum payment. Instead, in this example, the fee cannot exceed $20. The regulation also bans imposition of penalty fees when there is no dollar amount associated with the violation, such as fees based on “inactivity” fees based on the consumer’s failure to use the account to make new purchases, or declined transaction fees for credit transactions that the card issuer declines to authorize. With regard to a covered separate credit feature and an asset feature on a prepaid account that are both accessible by a hybrid prepaid-credit card where the credit feature is a credit card account under an open-end (not home-secured) consumer credit plan, the regulation prohibits a card issuer from imposing declined transaction fees in connection with the credit feature, regardless of whether the declined transaction fee is imposed on the credit feature or on the asset feature of the prepaid account (Comment 52(b)(2)(i)-7). The regulation also prohibits issuers from charging multiple penalty fees based on a single late payment or other violation of the account terms. Payment Allocation – 12 CFR 1026.53 When different rates apply to different balances on a credit card account, issuers are generally required to allocate payments in excess of the minimum payment first to the balance with the highest APR and then to any remaining portion to the other balances in descending order based on the applicable APR. For deferred interest programs, however, issuers must allocate excess payments first to the deferred interest balance during the last two billing cycles of the deferred interest period. In addition, during a deferred interest period, issuers are permitted (but not required) to allocate excess payments in the manner requested by the consumer. For accounts with secured balances, issuers are permitted (but not required) to allocate excess payments to the secured balance if requested by the consumer. Double-Cycle Billing and Partial Grace Period – 12 CFR 1026.54 Issuers are generally prohibited from imposing finance charges on balances for days in previous billing cycles as a result of the loss of a grace period. In addition, when a consumer pays some, but not all, of a balance prior to the expiration of a grace period, an issuer is prohibited from
imposing finance charges on the portion of the balance that has been repaid.

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Restrictions on Applying Increased Rates to Existing Balances and Increasing Certain Fees and Charges – 12 CFR 1026.55 Unless an exception applies, a card issuer must not increase an annual percentage rate or a fee or charge required to be disclosed under 12 CFR 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii) on a credit card account. With regard to a covered separate credit feature and an asset feature on a prepaid account that are both accessible by a hybrid prepaid-credit card where the credit feature is a credit card account under an open-end (not home-secured) consumer credit plan, this restriction applies regardless of whether these fees or annual percentage rates are imposed on the asset feature of the prepaid account or on the credit feature (Comment 55(a)-3). There are some general exceptions to the prohibition against applying increased rates to existing balances and increasing certain fees or charges:

A temporary or promotional rate or temporary fee or charge that lasts at least six months, and
that is required to be disclosed under 12 CFR 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii), provided that the card issuer complied with applicable disclosure requirements. Fees and charges required to be disclosed under 12 CFR 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii) are periodic fees for issuance or availability of an open-end plan (such as an annual fee); a fixed finance charge (and any minimum interest charge) that exceeds $1; or a charge for required insurance, debt cancellation, or debt suspension;
The rate is increased due to the operation of an index available to the general public and not
under the card issuer’s control (i.e., the rate is a variable rate);
The minimum payment has not been received within 60 days after the due date, provided that
the card issuer complied with applicable disclosure requirements and adheres to certain requirements when a series of on-time payments are received;
The consumer successfully completes or fails to comply with the terms of a workout
arrangement, provided that card issuer complied with applicable disclosure requirements and adheres to certain requirements upon the completion or failure of the arrangement; and
The APR on an existing balance or a fee or charge required to be disclosed under 12 CFR
1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii) has been reduced pursuant to the Servicemembers Civil Relief Act (SCRA) or a similar federal or state statute or regulation. The creditor is permitted to increase the rate, fee, or charge once the SCRA ceases to apply, but only to the rate, fee, or charge that applied prior to the reduction. Regulation Z’s limitations on the application of increased rates and certain fees and charges to existing balances continue to apply when the account is closed, acquired by another institution through a merger or the sale of a credit card portfolio, or when the balance is transferred to another credit account issued by the same creditor (or its affiliate or subsidiary).

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Issuers are generally prevented from increasing the APR applicable to new transactions or a fee or charge subject to 12 CFR 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii) during the first year after an account is opened. After the first year, issuers are permitted to increase the APRs that apply to new transactions or a fee or charge subject to 12 CFR 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii) so long as the creditor complies with the regulation’s 45-day advance notice requirement (12 CFR 1026.9). Regulation Z’s limitations on the application of increased rates to existing balances and limitations on the increase of certain fees or charges apply upon cessation of a waiver or rebate of interest, fees, or charges if the issuer promotes the waiver or rebate. Fees for Transactions that Exceed the Credit Limit – 12 CFR 1026.56 Consumer consent requirement – Regulation Z requires an issuer to obtain a consumer’s express consent (or opt in) before the issuer may impose any fees on a consumer’s credit card account for making an extension of credit that exceeds the account’s credit limit. Prior to providing such consent, the consumer must be notified by the issuer of any fees that may be assessed for an over-the-limit transaction. If the consumer consents, the issuer is also required to provide written confirmation (or electronic confirmation if the consumer agrees) of the consumer’s consent and a notice of the consumer’s right to revoke that consent on the front page of any periodic statement that reflects the imposition of an over-the-limit fee. Prior to obtaining a consumer’s consent to the payment of over-the-limit transactions, the issuer must provide the consumer with a notice disclosing, among other things, the dollar amount of any charges that will be assessed for an over-the-limit transaction, as well as any increased rate that may apply if the consumer exceeds the credit limit. Issuers are prevented from assessing any over-the-limit fee or charge on an account unless the consumer consents to the payment of transactions that exceed the credit limit. Prohibited practices – Even if the consumer has affirmatively consented to the issuer’s payment of over-the-limit transactions, Regulation Z prohibits certain issuer practices in connection with the assessment of over-the-limit fees or charges. An issuer can only charge one over-the-limit fee or charge per billing cycle. In addition, an issuer cannot impose an over-the-limit fee on the account for the same transaction in more than three billing cycles. Furthermore, fees may not be imposed for the same transaction in the second or third billing cycle unless the consumer has failed to reduce the account balance below the credit limit by the payment due date in that cycle. Regulation Z also prohibits unfair or deceptive acts or practices in connection with the manipulation of credit limits in order to increase over-the-limit fees or other penalty charges. Specifically, issuers are prohibited from
engaging in three practices:

Assessing an over-the-limit fee because the creditor failed to promptly replenish the
consumer’s available credit;

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Conditioning the amount of available credit on the consumer’s consent to the payment of
over-the-limit transactions (e.g., opting in to an over-the-limit service to obtain a higher credit limit); and
Imposing any over-the-limit fee if the credit limit is exceeded solely because of the issuer’s
assessment of accrued interest charges or fees on the consumer’s account. Special Rules for Marketing to Students – 12 CFR 1026.57 Regulation Z establishes several requirements related to the marketing of credit cards and other open-end consumer credit plans to students at an institution of higher education, including the marketing of a covered separate credit feature accessible by a hybrid prepaid-credit card and prepaid account and a prepaid account where a covered separate credit feature accessible by a hybrid prepaid-credit card may be added in the future, to students at an institution of higher education (Comments 57(a)(1)-1, 57(a)(5)-1, and 57(c)-7). The regulation limits a creditor’s ability to offer a college student any tangible item to induce the student to apply for or participate in an open-end consumer credit plan offered by the creditor. Specifically, Regulation Z prohibits a card issuer from offering tangible items as an inducement:
On the campus of an institution of higher education;
Near the campus of an institution of higher education; or
At an event sponsored by or related to an institution of higher education.
A tangible item means physical items, such as gift cards, T-shirts, or magazine subscriptions, but does not include nonphysical items such as discounts, reward points, or promotional credit terms. With respect to offers “near” the campus, the commentary to the regulation states that a location that is within 1,000 feet of the border of the campus is considered near the campus. Regulation Z also requires card issuers to submit an annual report to the CFPB containing the terms and conditions of business, marketing, or promotional agreements with an institution of higher education or an alumni organization or foundation affiliated with an institution of higher education. Online Disclosure of Credit Card Agreements – 12 CFR 1026.58 The regulation requires that issuers post credit card agreements on their websites and to submit those agreements to the CFPB for posting on a website maintained by the Bureau. There are three exceptions for when issuers are not required to provide statements to the Bureau:
The issuer has fewer than 10,000 open credit card accounts; or
The agreement currently is not offered to the public and the agreement is used only for one or
more private label credit card plans with credit cards usable only at a single merchant or group of affiliated merchants and that involves fewer than 10,000 open accounts; or

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The agreement currently is not offered to the public and the agreement is for one or more
plans offered to test a new product offered only to a limited group of consumers for a limited time that involves fewer than 10,000 open accounts. Reevaluation of Rate Increases – 12 CFR 1026.59 For any rate increase imposed on or after January 1, 2009, that requires 45 days advance notice, the regulation requires card issuers to review the account no less frequently than once each six months and, if appropriate based on that review, reduce the annual percentage rate. The requirement to reevaluate rate increases applies both to increases in annual percentage rates based on consumer-specific factors, such as changes in the consumer’s creditworthiness, and to increases in annual percentage rates imposed based on factors that are not specific to the consumer, such as changes in market conditions or the issuer’s cost of funds. If, based on its review, a card issuer is required to reduce the rate applicable to an account, the final regulation requires that the rate be reduced within 45 days after completion of the evaluation. This review must consider either the same factors on which the increase was originally based or the factors the card issuer currently considers in determining the annual percentage rate applicable to similar new credit card accounts. Hybrid Prepaid-Credit Cards – 12 CFR 1026.61 Generally, this section applies to credit offered in connection with a prepaid account. A prepaid card is a hybrid prepaid-credit card when it has a separate accessible credit feature, or a credit feature structured as a negative balance on the asset feature of the prepaid account (except as described below). Further, a hybrid prepaid-credit card is a credit card for the purposes of this regulation with respect to those credit features. A prepaid card is a hybrid prepaid-credit card with respect to a separate credit feature when it is a single device that can be used from time to time to access the separate credit feature where the following two conditions are both satisfied: (1) The card can be used to draw, transfer, or authorize the draw or transfer of credit from the separate credit feature in the course of authorizing, settling, or otherwise completing transactions conducted with the card to obtain goods or services, obtain cash, or conduct person-to-person transfers; and (2) the separate credit feature is offered by the prepaid account issuer, its affiliate, or its business partner. A separate credit feature that is accessed by a hybrid prepaid-credit card is described as a “covered separate credit feature”. A prepaid card is not a hybrid prepaid-credit card with respect to a separate credit feature if it does not meet the two conditions discussed above, although that separate credit feature may be subject to other provisions of Regulation Z depending on its own terms and conditions, independent of the connection to the prepaid account. Generally, the regulation prohibits structuring a hybrid prepaid-credit card to access credit through a negative
balance on the asset feature of a prepaid account. However, a prepaid card is not a hybrid prepaid-credit card with respect to credit extended through a negative balance on the asset feature of a prepaid account if several conditions are met. One condition is that the prepaid card cannot access credit from a covered separate credit feature that is offered by a prepaid

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September 2020 TILA 167 account issuer or its affiliate. In addition, the prepaid account issuer must have an established policy and practice of either: declining to authorize any transaction for which it reasonably believes a consumer has insufficient or unavailable funds in the asset feature of the prepaid account at the time the transaction is authorized to cover the amount of the transaction; or declining to authorize such transactions except when (1) the amount of the transaction will not cause the asset feature balance to become negative by more than $10 at the time of the authorization, or (2) the issuer has received an instruction, confirmation, or request to load funds from a separate asset account to the prepaid account, but the funds have not yet settled and the amount of the transaction will not cause the asset balance to become negative at the time of the authorization by more than the incoming or requested load amount. Furthermore, under this exception, the issuer may not impose any of the following fees or charges on the asset feature of the prepaid account:

Fees or charges for opening, issuing, or holding a negative balance on the asset feature, or for
the availability of credit, whether imposed on a one-time or periodic basis;56
Fees or charges that will be imposed only when credit is extended on the asset feature or
when there is a negative balance on the asset feature;57 and
Fees or charges where the amount of the fee or charge is higher when credit is extended on
the asset feature or when there is a negative balance on the asset feature. Issuers must wait at least 30 days after a prepaid account is registered before opening a covered separate credit feature accessible by a hybrid prepaid-credit card, making a solicitation or providing an application to open a covered separate credit feature that could be accessible by the hybrid prepaid-credit card, or allowing an existing credit feature opened prior to the consumer obtaining the prepaid account to become a covered separate credit feature accessible by the hybrid prepaid-credit card. Issuers must obtain an application or specific request from the consumer to link such a credit feature to a prepaid account (Comment 12(a)(1)-7.ii). Liability and Defenses Civil Liability – TILA Sections 129B, 129C, 130, and 131 If a creditor fails to comply with any requirements of TILA, other than with the advertising provisions of Chapter 3, it may be held liable to the consumer for:
Actual damage, and
56 This provision does not prohibit fees or charges to open, issue, or hold the prepaid account generally, where the amount of the fee or charge imposed on the asset feature is not higher based on whether credit might be offered or has been accepted, whether or how much credit the consumer has accessed, or the amount of credit available. 57 This provision does not prohibit fees or charges for the actual costs of collecting the credit extended, if otherwise permitted by law.

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Cost of any successful legal action together with reasonable attorney’s fees.
The creditor also may be held liable for any of the following:
In an individual action, twice the amount of the finance charge involved.
In an individual action relating to an open-end credit transaction that is not secured by real
property or a dwelling, twice the amount of the finance charge involved, with a minimum of $500 and a maximum of $5,000 or such higher amount as may be appropriate in the case of an established pattern or practice of such failure.
In an individual action relating to a closed-end credit transaction secured by real property or
a dwelling, not less than $400 and not more than $4,000.
In a class action, such amount as the court may allow (with no minimum recovery for each
class member). However, the total amount of recovery in any class actions arising out of the same failure to comply by the same creditor cannot be more than $1 million or 1 percent of the creditor’s net worth, whichever is less. A creditor that fails to comply with TILA Section 129, 15 U.S.C. Section 1639 (requirements for certain mortgages), may be held liable to the consumer for all finance charges and fees paid by the consumer unless the creditor demonstrates that the failure was not material. A mortgage originator that is not a creditor and that fails to comply with TILA Section 129B (requirements for mortgage loan originators) also may be liable to consumers for the greater of actual damages or an amount equal to three times the total amount of direct and indirect compensation or gain to the mortgage originator in connection with the loan, plus costs, including reasonable attorney’s fees. In addition, TILA Section 130(a) provides that a creditor may be liable for failure to comply with the ability-to-repay requirements of TILA Section 129C(a) unless the creditor demonstrates that failure to comply was not material. Generally, civil actions that may be brought against a creditor may be maintained against any assignee of the creditor only if the violation is apparent on the face of the disclosure statement or other documents assigned, except where the assignment was involuntary. For high-cost mortgage loans (under 12 CFR 1026.32(a)), any subsequent purchaser or assignee is subject to all claims and defenses that the consumer could assert against the creditor, unless the assignee demonstrates that it could not reasonably have determined that the loan was a high-cost mortgage loan subject to (12 CFR 1026.32). In specified circumstances, the creditor or assignee has no liability if it corrects identified errors within 60 days of discovering the errors and prior to the institution of a civil action or the receipt of written notice of the error from the obligor. Additionally, a creditor and assignee will not be liable for bona fide errors that occurred despite the maintenance of procedures reasonably adapted to avoid any such error. Moreover, TILA also provides consumers with the right to assert a violation of TILA’s antisteering provisions or the ability-to-repay standards for residential mortgage loan requirements

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“as a matter of defense by recoupment or setoff” against a foreclosure action. In general, the amount of recoupment or setoff shall be equal to the amount that the consumer would be entitled to generally under 15 U.S.C. 1640(a) for a valid claim, plus the cost to the consumer of the action (including reasonable attorney’s fees). Refer to Sections 129B, 129C, 130, and 131 of TILA for more information. Criminal Liability – TILA Section 112 Anyone who willingly and knowingly fails to comply with any requirement of TILA will be fined not more than $5,000 or imprisoned not more than one year, or both. Administrative Actions – TILA Section 108 TILA authorizes federal regulatory agencies, 58 when carrying out enforcement activities, to require financial institutions to make monetary and other adjustments to the consumers’ accounts when the true finance charge or APR exceeds the disclosed finance charge or APR by more than a specified accuracy tolerance. That authorization extends to unintentional errors, including isolated violations (e.g., an error that occurred only once or errors, often without a common cause, that occurred infrequently and randomly). Under certain circumstances, TILA requires federal regulatory agencies to order financial institutions to reimburse consumers when understatement of the APR or finance charge involves:

Patterns or practices of violations (e.g., errors that occurred, often with a common cause,
consistently or frequently, reflecting a pattern with a specific type or types of consumer credit);
Gross negligence; or
Willful noncompliance intended to mislead the person to whom the credit was extended.
Any administrative enforcement proceeding that may be brought by a regulatory agency against a creditor may be maintained against any assignee of the creditor if the violation is apparent on the face of the disclosure statement or other documents assigned, except where the assignment was involuntary under Section 131 (15 U.S.C. 1641). Specific Defenses – TILA Section 108 Defense Against Civil, Criminal, and Administrative Actions A financial institution in violation of TILA may avoid liability by:
58 For FFIEC guidance on how agencies implement this provision, see FFIEC, Administrative Enforcement of the Truth in Lending Act, 63 Fed. Reg. 47495 (Sept. 8, 1998).

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Discovering the error before an action is brought against the financial institution, or before
the consumer notifies the financial institution, in writing, of the error;
Notifying the consumer of the error within 60 days of discovery; and
Making the necessary adjustments to the consumer’s account, also within 60 days of
discovery. (The consumer will pay no more than the lesser of the finance charge actually disclosed or the dollar equivalent of the APR actually disclosed.) The above three actions also may allow the financial institution to avoid a regulatory order to reimburse the customer. An error is “discovered” if it is:
Discussed in a final, written report of examination;
Identified through the financial institution’s own procedures; or
An inaccurately disclosed APR or finance charge included in a regulatory agency notification
to the financial institution.
When a disclosure error occurs, the financial institution is not required to re-disclose after a loan has been consummated or an account has been opened. If the financial institution corrects a disclosure error by merely re-disclosing required information accurately, without adjusting the consumer’s account, the financial institution may still be subject to civil liability and an order to reimburse from its regulator. The circumstances under which a financial institution may avoid liability under TILA do not apply to violations of the Fair Credit Billing Act (Chapter 4 of TILA). Additional Defenses Against Civil Actions The financial institution may avoid liability in a civil action if it shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error that occurred despite the maintenance of procedures to avoid the error. A bona fide error may include a clerical, calculation, computer malfunction, programming, or printing error. It does not include an error of legal judgment. Showing that a violation occurred unintentionally could be difficult if the financial institution is unable to produce evidence that explicitly indicates it has an internal controls program designed to ensure compliance. The financial institution’s demonstrated commitment to compliance and its adoption of policies and procedures to detect errors before disclosures are furnished to consumers could strengthen its defense.

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Statute of Limitations – TILA Sections 108, 129, 129B, 129C, 129D, 129E, 129F, 129G, 129H, and 130 In general, civil actions may be brought within one year after the violation occurred. For private education loans, civil actions may be brought within one year from the date on which the first regular payment of principal and interest is due. After that time, and if allowed by state law, the consumer may still assert the violation as a defense if a financial institution were to bring an action to collect the consumer’s debt. A civil action for a violation of TILA Section 129 (requirements for certain mortgages), 129B (residential mortgage loan origination), or 129C (minimum standards for residential mortgage loans) may be brought three years from the date of the occurrence of the violation (as compared with one year for most other TILA violations) (TILA Section 130(e)). Moreover, TILA provides that when a creditor, assignee, other holder, or anyone acting on such a person’s behalf initiates a foreclosure action on, or any other action to collect the debt in connection with a residential mortgage loan, a consumer may assert a violation of TILA Section 129B(c)(1) or (2) or 129C(a) “as a matter of defense by recoupment or setoff” (TILA Section 130(k)). There is no time limit on the use of this defense, and the amount of recoupment or setoff is limited, with respect to the special statutory damages, to no more than three years of finance charges and fees. Criminal actions and actions brought by regulators59 are not subject to the general one-year statute of limitations. Actions brought by a state attorney general to enforce a violation of Sections 129, 129B, 129C, 129D, 129E, 129F, 129G, or 129H may be brought not later than three years after the date on which the violation occurs. However, administrative enforcement actions under the policy guide involving erroneously disclosed APRs and finance charges may be subject to time limitations by TILA. Those limitations range from the date of the last regulatory examination of the financial institution, to as far back as 1969, depending on when loans were made, when violations were identified, whether the violations were repeat violations, and other factors. There is no time limitation on willful violations intended to mislead the consumer. A general summary of the various time limitations that otherwise apply follows.

For open-end credit, reimbursement applies to violations not older than two years.
For closed-end credit, reimbursement is generally directed for loans with violations occurring
since the immediately preceding examination.
59 However, reimbursement required by regulatory action may be limited to the last examination conducted at the institution.

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Rescission Rights (Open-End and Closed-End Credit) – 12 CFR 1026.15 and 1026.23 TILA provides that for certain transactions secured by the consumer’s principal dwelling, a consumer has three business days after becoming obligated on the debt to rescind the transaction. The right of rescission allows consumer(s) time to reexamine their credit agreements and cost disclosures and to reconsider whether they want to place their homes at risk by offering them as security for the credit. A higher-priced mortgage loan (whether or not it is a HOEPA loan) having a prepayment penalty that does not conform to the prepayment penalty limitations (12 CFR 1026.32(c) and (d) and 12 CFR 1026.43(g) (subject to certain exclusions)), is also subject to a three-year right of rescission. Transactions exempt from the right of rescission include residential mortgage transactions (12 CFR 1026.2(a)(24)) and refinancings or consolidations with the original creditor where no “new money” is advanced. If a transaction is rescindable, consumers must be given a notice explaining that the creditor has a security interest in the consumer’s home, that the consumer may rescind, how the consumer may rescind, the effects of rescission, and the date the rescission period expires. To rescind a transaction, a consumer must notify the creditor in writing by midnight of the third business day after the latest of three events:

Consummation of the transaction;
Delivery of material TILA disclosures; or
Receipt60 of the required notice of the right to rescind.
For purposes of rescission, business day means every calendar day except Sundays and the legal public holidays (12 CFR 1026.2(a)(6)). The term “material disclosures” is defined in 12 CFR 1026.23(a)(3) to mean the required disclosures of the APR, the finance charge, the amount financed, the total of payments, the payment schedule, and the disclosures and limitations referred to in 12 CFR 1026.32(c) and (d) and 1026.43(g). The creditor may not disburse any monies (except into an escrow account) and may not provide services or materials until the three-day rescission period has elapsed and the creditor is reasonably satisfied that the consumer has not rescinded. If the consumer rescinds the transaction, the creditor must refund all amounts paid by the consumer (even amounts disbursed to third parties) and terminate its security interest in the consumer’s home. A consumer may waive the three-day rescission period and receive immediate access to loan proceeds if the consumer has a “bona fide personal financial emergency.” The consumer must give the creditor a signed and dated waiver statement that describes the emergency, specifically 60 12 CFR 1026.15(b) and 1026.23(b)(1) were amended to include the electronic delivery of the notice of the right to rescind. If a paper notice of the right to rescind is used, a creditor must deliver two copies of the notice to each consumer entitled to rescind. However, under the final rule on electronic delivery of disclosures, if the notice is in electronic form, in accordance with the consumer consent and other applicable provisions of the E-Sign Act, only one copy to each customer is required.

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September 2020 TILA 173 waives the right, and bears the signatures of all consumers entitled to rescind the transaction. The consumer provides the explanation for the bona fide personal financial emergency, but the creditor decides the sufficiency of the emergency. If the required rescission notice or material TILA disclosures are not delivered or if they are inaccurate, the consumer’s right to rescind may be extended from three days after becoming obligated on a loan to up to three years.

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REFERENCES
Laws
12 U.S.C. 5101 et seq. Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act) 15 U.S.C. 1601 et seq. Truth in Lending Act (TILA) 15 U.S.C. 1666 et seq. Fair Credit Billing Act 15 U.S.C. 7001 et seq. Electronic Signatures in Global and National Commerce Act Regulations Consumer Financial Protection Bureau Regulation 12 CFR Part 1026, Truth in Lending (Regulation Z) Guides CFPB compliance guides TILA-RESPA Integrated Disclosure Guide to Loan Estimate and Closing Disclosure Forms

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Truth in Lending Act Examination Procedures61
Examination Objectives

To determine the financial institution’s compliance with the Truth in Lending Act (TILA)
and Regulation Z.
To initiate corrective action when policies or internal controls are deficient, or when
violations of law or regulation are identified.
General Procedures
Obtain information pertinent to the area of examination from the financial institution’s
compliance management system program (historical examination findings, complaint information, and significant findings from compliance review and audit).
Through discussions with management and review of the following documents, determine
whether the financial institution’s internal controls are adequate to ensure compliance in the area under review. Identify procedures used daily to detect errors/violations promptly. Also, review the procedures used to ensure compliance when changes occur (e.g., changes in interest rates, service charges, computation methods, and software programs).

Organizational charts
Process flowcharts
Policies and procedures
Loan documentation and disclosures
Checklists/worksheets and review documents
Computer programs

Review compliance review and audit workpapers and determine whether:
a. The procedures used address all regulatory provisions (See Transactional Testing
section).
b. Steps are taken to follow up on previously identified deficiencies.
61 These procedures reflect changes to TILA and Regulation Z through May 2018, including applicable provisions of the Economic Growth, Regulatory Relief, and Consumer Protection Act P.L 115-174 (May 24, 2018) that do not require rulemaking to be effective.

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c. The procedures used include samples that cover all product types and decision
centers. d. The work performed is accurate (through a review of some transactions). e. Significant deficiencies, and the root cause of the deficiencies, are included in reports to management/board. f. Corrective actions are timely and appropriate. g. The area is reviewed at an appropriate interval, based upon appropriate risks.
6. Review the financial institution’s record retention practices to determine whether the
required documentation or evidence of compliance is retained for at least:
Two years after the disclosures were required to be made or other action was required to be taken, other than for the advertising requirements, requirements for mortgages subject to 12 CFR 1026.19(e) and (f), and certain requirements for mortgages, which are described below (12 CFR 1026.25(a)). Three years after the later of the date of consummation, the date disclosures are required to be made, or the date action is required to be taken, for evidence of compliance with 12 CFR 1026.19(e)-(f) (regarding closed-end loans that are secured by real property or a cooperative unit and subject to those sections) other than as set forth in 4.c below (12 CFR 1026.25(c)(1)(i)). Five years after consummation for completed Closing Disclosure forms, and all documents related to these disclosures, as required by 12 CFR 1026.19(f)(1)(i) or (f)(4)(i). If the loan is sold, transferred, or otherwise disposed of during that time, the creditor must provide a copy of the Closing Disclosure to the owner or servicer as part of the loan file transfer, who must retain the disclosure for the remainder of the five-year period (12 CFR 1026.25(c)(1)(ii)). Three years after the date of receipt of payment to show compliance with loan originator compensation requirements (12 CFR 1026.25(c)(2)). Three years after consummation to show compliance with ability-to-repay minimum standards (12 CFR 1026.43(c)-(f)) and prepayment penalty restrictions (12 CFR 1026.43(g)) for loans secured by a dwelling (12 CFR 1026.25(c)(3)). Disclosure Forms

Determine if the financial institution has changed any TILA disclosure forms or if there are
forms that have not been previously reviewed for accuracy. If so:
Verify the accuracy of each disclosure by reviewing the following (as applicable):

Credit card application/solicitation disclosures (12 CFR 1026.60(b)-(e))
HELOC disclosures (12 CFR 1026.40(d) and (e))

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Initial disclosures 12 CFR 1026.6 and, if applicable, additional HELOC disclosures (12
CFR 1026.40)
Periodic statement disclosures (12 CFR 1026.7 and 12 CFR 1026.41)
Statement of billing rights and change in terms notice (12 CFR 1026.9(a), (b), (c) or (g))
Note and/or contract forms (including those furnished to dealers)
Notice of Right to Rescind/Cancel (12 CFR 1026.15(b), 1026.23(b)(1)) and
1026.47(c)(4))
Loan Estimate (12 CFR 1026.19(e) and 1026.37)
Closing Disclosure (12 CFR 1026.19(f) and 1026.38)
Special information booklet (12 CFR 1026.19(g))
Other closed-end credit transaction disclosures not subject to 12 CFR 1026.19(e) or (f)
(12 CFR 1026.17(a) and 1026.18)
ARM disclosures (12 CFR 1026.19(b) and 12 CFR 1026.20(c)-(d))
High-cost mortgage disclosures (12 CFR 1026.32(c))
Reverse mortgage disclosures (12 CFR 1026.33(b))
Payoff statement disclosures (12 CFR 1026.36(c)(3))
Private education loan disclosures (12 CFR 1026.47)
Closed-End Credit Disclosure Forms Review Procedures Closed-end consumer credit transactions secured by real property or a cooperative unit, other than a reverse mortgage subject to 12 CFR 1026.33, are subject to the disclosure, timing, and other requirements under the TILA-RESPA Integrated Disclosure rule. Thus, for most closedend mortgages, including construction-only loans and loans secured by vacant land or by 25 or more acres, creditors must provide the Loan Estimate and the Closing Disclosure. There is a partial exemption in 12 CFR 1026.3(h) from the requirement to provide the Loan Estimate and Closing Disclosure if the transaction meets all of the following criteria: (i) The transaction is secured by a subordinate lien; (ii) the transaction is for the purpose of home buyer assistance, such as down payments or closing costs, rehabilitation loans, energy efficiency assistance, or foreclosure prevention; (iii) the credit contract does not require the payment of interest; (iv) the credit contract provides for repayment that is forgiven, deferred for 20 years, or deferred until the property is sold or is no longer the consumer’s principal dwelling; and (v) the total costs payable by the consumer in connection with the transaction at consummation are limited to (A) recording fees, (B) transfer taxes, (C) a bona fide and reasonable application fee, and (D) a bona fide and reasonable fee for housing counseling services; and the total of costs payable by the consumer

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September 2020 TILA 178 for the application fee and housing counseling services is less than 1 percent of the amount of credit extended. For those transactions meeting the criteria for a partial exemption, creditors may provide either a compliant disclosure of the cost of credit under 12 CFR 1026.18 or a compliant Loan Estimate and Closing Disclosure, and do not need to provide the special information booklet, Good Faith Estimate, or HUD-1 settlement statement (12 CFR 1024.5(d)). NOTE: The GFE, HUD-1, and Truth in Lending forms continue to be used for transactions covered by the other disclosure requirements of TILA or RESPA (e.g., reverse mortgages) or before the effective date of the TILA-RESPA Integrated Disclosure Rule (October 3, 2015) (12 CFR 1026.19(e), (f)). Closed-End Credit Disclosure Forms – For Transactions Under 12 CFR 1026.19(e) and (f) NOTE: The 2017 TILA-RESPA rule includes an optional compliance period, which began on October 10, 2017, and is for transactions for which a creditor or mortgage broker received an application prior to October 1, 2018. During this period, early compliance with the 2017 rule was allowed but not required.
1. For a closed-end credit transaction subject to 12 CFR 1026.19(e) and (f), determine whether
the creditor provides disclosures required under 12 CFR 1026.37 (Loan Estimate) and 12 CFR 1026.38 (Closing Disclosure) (12 CFR 1026.19(e) and 1026.19(f)). a. For loans subject to 12 CFR 1026.19(e), determine whether the creditor provides the good faith disclosures in the form required by 12 CFR 1026.37 and conforming to the Loan Estimate in Appendix H (12 CFR 1026.19(e), 1026.37(o)). b. For loans subject to 12 CFR 1026.19(f), determine whether the creditor provides the Closing Disclosure in the form required by 12 CFR 1026.38 and conforming to the Closing Disclosure in Appendix H (12 CFR 1026.19(f), 1026.38(t)). NOTE: Use of the Loan Estimate and Closing Disclosure is mandatory for RESPA-covered transactions. For transactions not covered by RESPA, the Loan Estimate and Closing Disclosure may be considered a model form. Loan Estimate – 12 CFR 1026.37(a) (Page 1 of the Loan Estimate)
1. Loan Estimate. Determine whether the disclosures required for the Loan Estimate are
accurately completed and include the following disclosures on the first page (12 CFR 1026.37(a)). Disclosures are detailed below according to the designations made on the Loan Estimate form:
a. The statement: “Save this Loan Estimate to compare with your Closing Disclosure” (12 CFR 1026.37(a)(2)); b. Name and address of creditor (12 CFR 1026.37(a)(3));

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c. Date Issued (12 CFR 1026.37(a)(4));
d. Applicants (12 CFR 1026.37(a)(5)); e. Property. The property address, including ZIP code (12 CFR 1026.37(a)(6)); f. Sale Price (12 CFR 1026.37(a)(7):

For transactions with a seller, the contract sale price of the
property identified in 12 CFR 1026.37(a)(6), labeled “Sale Price”.
For transactions that do not have a seller, the estimated
value of the property identified in 12 CFR 1026.37(a)(6), labeled “Prop. Value”. g. Loan Term. Stated in years, months, or both, as applicable (12 CFR 1026.37(a)(8)); h. Purpose. Loan purpose, categorized as “Purchase”, “Refinance”, or “Construction”. All other loan purposes must be categorized as “Home Equity Loan” (12 CFR 1026.37(a)(9));
i. Product. Product type, including the type of interest rate categorized as “Adjustable
Rate”, “Step Rate,” or “Fixed Rate.” This disclosure must be preceded by the type of feature that may change the consumer’s periodic payment, such as “Negative Amortization,” “Interest Only,” “Step Payment,” “Balloon Payment,” or “Seasonal Payment,” with the duration of any introductory rate or payment period and the first adjustment period if applicable (12 CFR 1026.37(a)(10)); j. Loan Type. Categorized as “Conventional”, “FHA”, “VA”, or “Other” (12 CFR 1026.37(a)(11)); k. Loan ID # (12 CFR 1026.37(a)(12)); and
l. Rate Lock. A statement of whether the disclosed interest rate is locked for a specific
period. If so, the date and time (including time zone) that the lock will expire, along with an accompanying statement that the interest rate, any points, and any lender credits may change unless the interest rate has been locked (12 CFR 1026.37(a)(13)). Loan Terms – 12 CFR 1026.37(b) (Page 1 of the Loan Estimate)

Loan Terms. Determine whether, under the heading “Loan Terms”, all disclosures are
completed and accurate (12 CFR 1026.37(b)):
a. Loan Amount (12 CFR 1026.37(b)(1)); b. Interest Rate (12 CFR 1026.37(b)(2));

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c. Principal and Interest. The applicable unit period (i.e., biweekly, monthly, yearly)
must precede the initial periodic payment amount that will be due under the terms of the legal obligation, labeled “Principal & Interest” (12 CFR 1026.37(b)(3)); d. Prepayment Penalty. A statement of whether the loan contains a prepayment penalty, an affirmative or negative response to the question, the maximum amount of the prepayment penalty that may be imposed, and the date on which the penalty may no longer be applied (12 CFR 1026.37(b)(4), 1026.37(b)(7)(i)). If the date is disclosed (for an affirmative response), determine whether it is disclosed as the year in which the event occurs, counting from the date of consummation (12 CFR 1026.37(b)(8)(iii)); e. Balloon Payment. A statement of whether the loan contains a balloon payment, an affirmative or negative response to the question, the maximum amount of the balloon payment, and the due date of such payment (12 CFR 1026.37(b)(5), 1026.37(b)(7)(ii)). If the date is disclosed (for an affirmative response), determine whether it is disclosed as the year in which the event occurs, counting from the due date of the initial periodic payment (12 CFR 1026.37(b)(8)(ii)); and f. Whether the loan amount, interest rate, or monthly principal and interest can increase after closing (12 CFR 1026.37(b)(6)) and, if so, the information required by 12 CFR 1026.37(b)(6)(i) -(iii) and 1026.37(b)(8)(i)-(ii). Projected Payments – 12 CFR 1026.37(c) (Page 1 of the Loan Estimate)
3. Projected Payments. Determine whether, under the heading “Projected Payments” (12 CFR
1026.37(c)):
a. All required fields in the table are completed, follow the formatting and statement requirements, are accurate, and itemize the periodic payments or range of payments together with an itemized estimate of taxes, insurance, assessments, and payments to be made with escrow account funds (12 CFR 1026.37(c)(1) – (5)); NOTE: If accurate, a creditor can indicate that a portion of taxes, insurance, and assessments will be paid with escrow account funds, such as by using the word “some” (Comment 37(c)(4)(iv)-2); b. Each separate periodic payment or range of payments is itemized as follows (12 CFR 1026.37(c)(2)):
i. Principal and Interest. The amount payable for principal and interest labeled
“Principal & Interest”, including the term “only interest” if the payment or range of payments includes any interest-only payment (12 CFR 1026.37(c)(2)(i));

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A. Adjustable Rate Loans. The maximum principal and interest payment must be determined by assuming that the interest rate in effect throughout the loan term is the maximum possible interest rate. The minimum amounts must be determined by assuming that the interest rate in effect throughout the loan term is the minimum possible interest rate (12 CFR 1026.37(c)(2)(i)(A)); B. Adjustable Rate and Negative Amortization Loans. The maximum principal and interest amounts (after the loan term period for which the loan principal balance may increase) must be determined by assuming the maximum principal amount permitted under the terms of the legal obligation at the end of the loan term period. The minimum amounts must be determined by assuming that the interest rate in effect throughout the loan term is the minimum possible interest rate (12 CFR 1026.37(c)(2)(i)(B)).
ii. Mortgage Insurance. The maximum amount payable for mortgage insurance
premiums corresponding to the principal and interest payment disclosed, labeled “Mortgage Insurance” (12 CFR 1026.37(c)(2)(ii));
iii. Escrow. The amount payable into an escrow account to pay some or all of the
charges described in 12 CFR 1026.37(c)(4)(ii), as applicable, labeled “Escrow,” together with a statement that the amount disclosed can increase over time (12 CFR 1026.37(c)(2)(iii); and
iv. Total Monthly Payment. The total periodic payment, calculated as the sums
disclosed as the “Principal &Interest”, “Mortgage Insurance,” and “Escrow,” labeled “Total Monthly Payment” (12 CFR 1026.37(c)(2)(iv)). NOTE: The labels required pursuant to 12 CFR 1026.37(c)(2) must be listed under the subheading “Payment Calculation” (12 CFR 1026.37(c)(3)(i)).
c. If the amount of a periodic monthly payment may change, additional, separate
periodic payments, or range of payments have been disclosed. Events requiring additional disclosure(s) include: (i) the change of the periodic principal and interest payment or range of such payments, (ii) a scheduled balloon payment, (iii) the automatic termination of mortgage insurance, or (iv) the anniversary of the due date of the initial periodic payment or range of payments immediately following the occurrence of a change in the principal and interest payment or range of such payments (12 CFR 1026.37(c)(1)(i)); d. The creditor has met the following in disclosing a range of payments (12 CFR 1026.37(c)(1)(iii)):
i. The creditor has disclosed both the minimum and maximum amount for both the
principal and interest payment and the total periodic payment (12 CFR 1026.37(c)(1)(iii));

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ii. The creditor has accurately disclosed a range of payments where multiple events
are combined into a single range of payments in order to meet the requirement that only four disclosures may be made (12 CFR 1026.37(c)(1)(iii)(A));
iii. The creditor has accurately disclosed a range of payments where multiple events
occur during a single year or an event occurs during the same year as the initial periodic payment or range of payments. If the event occurs during the same year as the initial periodic payment or range of payments, the creditor has disclosed the range that would apply during the year in which the events will occur (12 CFR 1026.37(c)(1)(iii)(B)); NOTE: If multiple changes to periodic principal and interest payments would result in more than one separate periodic payment or range of payments in a single year, the creditor must combine the changes and disclose them as a single range of payments (Comment 37(c)(1)(iii)(B)-1); and
iv. The creditor has accurately disclosed a range of payments if the periodic
principal and interest payment may adjust based on index rates at the time an interest rate adjustment may occur (12 CFR 1026.37(c)(1)(iii)(C)). e. The creditor has not disclosed more than four separate periodic payments or ranges of payments (12 CFR 1026.37(c)(1)(ii)):
i. If additional separate periodic payments or range of payments disclosures are
required after the third separate periodic payment or range of payment disclosure, and the transaction does not involve a balloon payment, determine whether the creditor has disclosed the additional separate periodic payment or range of payments as a single fourth range of payments disclosure (12 CFR 1026.37(c)(1)(ii));
ii. If additional separate periodic payments or range of payments disclosures are
required and the transaction involves a final balloon payment, determine whether the creditor has disclosed the additional separate periodic payment or range of payments as a single range of payments after the second separate periodic payment disclosure. Disclosure of the final balloon payment must appear as the final disclosure, under the heading “Final Payment” (12 CFR 1026.37(c)(1)(ii)(A), 1026.37(c)(3)(iii));
iii. The automatic termination of mortgage insurance requires disclosure of an
additional separate periodic payment or range of payments only if the total number of separate periodic payments or ranges of payments does not exceed three (12 CFR 1026.37(c)(1)(ii)(B)); and
iv. Each separate periodic payment or range of payments must be disclosed under a
subheading stating the years of the loan during which that payment or range of

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September 2020 TILA 183 payments will apply. The years must be disclosed in sequence of whole years from the due date of the initial periodic payment (12 CFR 1026.37(c)(3)(ii)). NOTE: See the Narrative for further discussion of requirements related to the Projected Payments table. f. Taxes, Insurance, and Assessments. Determine whether the creditor accurately discloses (12 CFR 1026.37(c)(4)):
i. The sum of all mortgage-related obligations, expressed as a monthly amount,
even if no escrow account for the payment of some or any of such charges will be established, labeled “Taxes, Insurance & Assessments” (12 CFR 1026.37(c)(4)(i-ii)); NOTE: The term “mortgage-related obligations,” as used here, takes the definition used in 12 CFR 1026.43(b)(8); however, it does not include amounts identified in 12 CFR 1026.4(b)(5). Amounts that must be disclosed as “Taxes, Insurance & Assessments” include premiums or other charges for credit life, accident, health, or loss-of-income insurance; premiums or other charges for insurance against loss of or damage to property, or against liability arising out of the ownership or use of property; or premiums or charges paid for debt cancellation or debt suspension coverage (12 CFR 1026.43(b)(8)).
ii. A statement that the mortgage-related obligations disclosed can increase over
time (12 CFR 1026.37(c)(4)(iii)). If estimates are used for property taxes and homeowner’s insurance, they must reflect (12 CFR 1026.37(c)(5)):
A. The taxable assessed value of the real property or cooperative unit securing the transaction after consummation, including the value of any improvements on the property or to be constructed on the property if known. The disclosure must be made whether or not such construction will be financed from the proceeds of the transaction for property taxes (12 CFR 1026.37(c)(5)(i)); and B. The replacement costs of the property during the initial year after the transaction for premiums or other charges for insurance against loss of or damage to property, or against liability arising out of the ownership or use of property (12 CFR 1026.37(c)(5)(ii)).
iii. A statement of whether the mortgage-related obligations include payments for
property taxes; premiums or other charges for insurance against loss of or damage to property, or against liability arising out of the ownership or use of property; or as otherwise identified by 12 CFR 1026.43(b)(8). The creditor must disclose whether the amounts will be paid by the creditor using escrow account funds (12 CFR 1026.37(c)(4)(iv));

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NOTE: If only a portion of such amounts are to be paid with escrow account funds, a creditor may so indicate, such as by using the word “some” (Comment 37(c)(4)(iv)-2).
iv. A statement that the consumer must pay separately any mortgage-related
obligations that are not paid by the creditor using escrow account funds (12 CFR 1026.37(c)(4)(v)); and
v. A reference to the escrow account information contained on page 2 of the Loan
Estimate, captioned “Initial Escrow Payment at Closing” (12 CFR 1026.37(c)(4)(vi)). Costs at Closing – 12 CFR 1026.37(d) (Page 1 of the Loan Estimate)
4. Costs at Closing. Determine whether, under the heading “Costs at Closing,” the creditor
discloses the Estimated Closing Costs (including Loan Costs and Other Costs, less Lender Credits) and the Estimated Cash to Close (including Closing Costs), based upon the calculations required by 12 CFR 1026.37(f), (g), and (h) (and found on page 2 of the Loan Estimate) (12 CFR 1026.37(d)(1)).
5. Optional Alternative Table for Transactions without a Seller or for simultaneous subordinate
financing. Determine whether, for transactions that do not involve a seller or for simultaneous subordinate financing, the creditor chose to use the alternative “Cash to Close”
table. If so, determine whether the amount is calculated in accordance with 12 CFR
1026.37(h)(2)(iv) (Calculating Cash to Close), includes a statement of whether the disclosed estimated amount is due from or to the consumer; and includes a statement referring the consumer to the alternative “Calculating Cash to Close” table pursuant to 12 CFR 1026.37(h)(2) (12 CFR 1026.37(d)(2)). NOTES:

In a purchase transaction, the optional alternative disclosure may be used for the
simultaneous subordinate financing Loan Estimate only if the first-lien Closing Disclosure will record the entirety of the seller’s transaction. (Comment 37(d)(2)-1) Creditors may only use this alternative estimated cash to close disclosure in conjunction with the alternative disclosure under 12 CFR 1026.37(h)(2) (Comment 37(d)(2)-1).
See the Narrative for further discussion of requirements related to the Costs at
Closing table.
Website Disclosure – 12 CFR 1026.37(e) (Page 1 of the Loan Estimate)

Website Reference. Determine whether the creditor discloses that the consumer may obtain
general information and tools on the CFPB’s website and has included a link to the site specified in 12 CFR 1026.37(e) (12 CFR 1026.37(e)).

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Closing Cost Details: Loan Costs – 12 CFR 1026.37(f) (Page 2 of the Loan Estimate)
7. Loan Costs. Determine on page 2 whether, under the heading “Loan Costs”, the creditor
makes the following disclosures (12 CFR 1026.37(f)):
a. Origination charges. Accurately itemized to reflect each amount and a subtotal of all amounts that the consumer will pay to each creditor and loan originator for originating and extending the credit. Determine whether the points paid to the creditor to reduce the interest rate are itemized separately, as both a percentage of the amount of credit extended and a dollar amount and using the label “__% of Loan Amount (Points).” Determine whether points paid is the first item listed. If points to reduce the interest rate are not paid, this disclosure must be left blank (12 CFR 1026.37(f)(1)); b. Services You Cannot Shop For. An accurate itemization, limited to 13 items, of each amount and subtotal of all amounts that the consumer will pay for settlement services that the consumer cannot shop for and that are provided by persons other than the creditor or mortgage broker. Determine whether the terms related to title insurance include “Title” as an introductory description (12 CFR 1026.37)(f)(2));
c. Services You Can Shop For. An accurate itemization, limited to 14 items, of each
amount and subtotal of all amounts that the consumer will pay for settlement services that the consumer can shop for and that are provided by persons other than the creditor or mortgage broker. Determine whether the terms related to title insurance include “Title” as an introductory description (12 CFR 1026.37)(f)(3)); d. Total Loan Costs. An accurate sum of the subtotals required to be disclosed under 1026.37(f) as Origination Charges, Services You Cannot Shop for and Services You Can Shop For (12 CFR 1026.37(f)(4)); and e. Other than as noted in item 1.a above, determine that items are ordered alphabetically by label under the applicable subheading. If there are more than the maximum allowable number of line items, determine that the remaining charges are disclosed in the aggregate in the last line as “Additional Charges” (12 CFR 1026.37(f)(5) and (f)(6)). Closing Cost Details: Other Costs – 12 CFR 1026.37(g) (Page 2 of the Loan Estimate)
8. Other Costs. Determine whether the creditor makes the following disclosures (12 CFR
1026.37(g)):
a. Taxes and Other Government Fees. Accurately itemized to reflect amounts to be paid to state and local governments for taxes and other government fees, including subtotals for recording fees and other taxes. A separate line must be included for

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September 2020 TILA 186 transfer taxes paid by the consumer. If not charged to the consumer, these fields must be left blank (12 CFR 1026.37(g)(1)); b. Prepaids. Accurately itemized to reflect amounts to be paid by the consumer in advance of the first scheduled payment and the subtotals of all such amounts. The disclosures must follow the required order and include the number of months and the total dollar amount to be paid at consummation for homeowner’s insurance and mortgage insurance premiums; the prepaid interest to be paid at consummation, based on daily interest, number of days, interest rate, and the total to be collected; the number of months for which property taxes are to be paid; and the amount the consumer will pay at consummation. If any of these items are not charged to the consumer, the field must be left blank. A maximum of three additional items may be disclosed (including applicable time period covered by the payment at consummation and total to be paid) as Prepaids (12 CFR 1026.37(g)(2));
c. Initial Escrow Payment at Closing. Accurately itemized to reflect the amounts that
the consumer will be expected to place into an escrow account at consummation to be applied to recurring periodic charges and subtotals of all amounts. The disclosure must provide the amount escrowed each month, the number of months of escrow, and the total amount to be paid into the escrow account by the consumer at consummation. Homeowner’s insurance premiums, mortgage insurance premiums, and property taxes must be separately subtotaled. If any of these items are not charged to the consumer, that field must be left blank. A maximum of five additional items may be disclosed as part of Initial Escrow Payment at Closing (12 CFR 1026.37(g)(3)); d. Other. An accurate itemization of costs that the consumer is likely to pay or has contracted with a person other than the creditor or loan originator to pay, at closing and of which the creditor is aware at the time of issuing the Loan Estimate. Determine whether the creditor has used a descriptive label for each such amount and provided the subtotal of all such amounts. Determine whether the terms related to title insurance include “Title” as an introductory description and whether the parenthetical description “(optional)” is used at the end of the label for items disclosing any premiums paid for separate insurance, warranty, guarantee, or event-coverage products. A maximum of five items may be disclosed as “Other” (12 CFR 1026.37(g)(4)); e. Total Other Costs. An accurate sum of the subtotals for Taxes and Other Government Fees, Prepaids, Initial Escrow Payment at Closing, and Other disclosed pursuant to 12 CFR 1026.37(g)(1) through (4) (12 CFR 1026.37(g)(5)); f. Total Closing Costs. Accurate component amounts and sum of the following (12 CFR 1026.37(g)(6)):

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i. D+I. A sum of the Total Loan Costs and Total Other Costs (12 CFR
1026.37(g)(6)(i)); and
ii. Lender Credits. The amount of any lender credits, disclosed as a negative
number. If no such amount is disclosed, this line must be left blank (12 CFR 1026.37(g)(6)(ii)); and NOTE: The disclosure of “lender credits”, as identified in 12 CFR 1026.37(g)(6)(ii), is required by (12 CFR 1026.19(e)(1)(i)). “Lender credits”, as identified in 12 CFR 1026.37(g)(6)(ii), represent the sum of non-specific lender credits and specific lender credits. Non-specific lender credits are generalized payments from the creditor to the consumer that do not pay for a particular fee on the disclosures provided pursuant to (12 CFR 1026.19(e)(1)). Specific lender credits are specific payments, such as a credit, rebate, or reimbursement, from a creditor to the consumer to pay for a specific fee. Non-specific lender credits and specific lender credits are negative charges to the consumer (Comment 19(e)(3)(i)-5)). g. Determine that items follow the alphabetical ordering and addenda restrictions of 12 CFR 1026.37(g)(7) and (g)(8). Closing Cost Details: Calculating Cash to Close – 12 CFR 1026.37(h) (Page 2 of the Loan Estimate)
9. Calculating Cash to Close. Determine whether, under the heading “Calculating Cash to
Close,” the creditor has accurately disclosed the total amount of cash or other funds that must be provided by the consumer at consummation, itemized into the following component amounts (12 CFR 1026.37(h)(1)):
a. Total Closing Costs. The amount disclosed as the sum of the loan costs, other costs, and lender credits, labeled “Total Closing Costs” (12 CFR 1026.37(h)(1)(i)); b. Closing Costs Financed (Paid from your Loan Amount). The amount of any closing costs to be paid out of loan proceeds, disclosed as a negative number, labeled “Closing Costs Financed (Paid from your Loan Amount)” (12 CFR 1026.37(h)(1)(ii). Determined by subtracting the estimated total amount of payments to third parties not otherwise disclosed under 12 CFR 1026.37(f) and (g) from the loan amount disclosed under 12 CFR 1026.37(b)(1); NOTE: (1) If the result of the calculation is zero or negative, the amount of zero dollars is disclosed. (2) If the result of the calculation is a positive number, the amount is disclosed as a negative number but only to the extent that the absolute value of the number does not exceed the total amount of closing costs (Comment 37(h)(1)(ii)-1).
c. Down payment/Funds from Borrower. Labeled “Down Payment/Funds from
Borrower”:

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i. In a purchase transaction as defined in 12 CFR 1026.37(a)(9)(i), disclosed as the
amount determined by subtracting the sum of the loan amount disclosed under 12 CFR 1026.37(b)(1) and any amount of existing loans assumed or taken subject to that will be disclosed under 12 CFR 1026.38(j)(2)(iv), from the sale price of the property disclosed under 12 CFR 1026.37(a)(7)(i), except as required by 12 CFR 1026.37(h)(1)(iii)(A)(2) (12 CFR 1026.37(h)(1)(iii)(A)(1));
ii. For a purchase transaction as defined in 12 CFR 1026.37(a)(9)(i) that is
a simultaneous subordinate financing transaction, a transaction involving improvements to be made on the property, or when the sum of the loan amount disclosed under 12 CFR 1026.37(b)(1) and any amount of existing loans assumed or taken subject to on the Closing Disclosure under 12 CFR 1026.38(j)(2)(iv) exceeds the sale price of the property disclosed under 12 CFR 1026.37(a)(7)(i), disclosed as the amount of estimated funds from the consumer determined in accordance with 12 CFR 1026.37(h)(1)(v) (12 CFR 1026.37(h)(1)(iii)(A)(2)); and
iii. For all other transactions, disclosed as the amount of estimated funds from the
consumer determined in accordance with 12 CFR 1026.37(h)(1)(v) (12 CFR 1026.37(h)(1)(iii)(B)). d. Deposit.
i. For a purchase transaction, disclosed as the amount that is paid to the seller or
held in trust or escrow by an attorney or other party under the terms of the agreement for the sale of the property, as a negative number, labeled “Deposit”; and
ii. For all other transactions, disclosed as zero dollars, labeled “Deposit” (12 CFR
1026.37(h)(1)(iv)). e. Funds for Borrower. Disclosed as the amount of funds for the consumer, labeled “Funds for Borrower”. Determined in accordance with 12 CFR 1026.37(h)(1)(v) by subtracting the sum of the loan amount disclosed under 12 CFR 1026.37(b)(1) and any amount of existing loans assumed or taken subject to that will be disclosed on the Closing Disclosure under 12 CFR 1026.38(j)(2)(iv) (excluding any closing costs financed disclosed under 12 CFR 1026.37(h)(1)(ii)) from the total amount of all existing debt being satisfied in the transaction. The total amount of all existing debt being satisfied in the transaction is the sum of the amounts that will be disclosed on the Closing Disclosure in the summaries of transactions table under 12 CFR 1026.38(j)(1)(ii), (iii), and (v), as applicable:
i. If the calculation yields a positive number, that amount is disclosed under the
heading “Down Payment/Funds from Borrower” (12 CFR 1026.37(h)(1)(iii)(A)(2) or (B), as applicable), and zero dollars are disclosed

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September 2020 TILA 189 under the heading “Funds for Borrower,” under 12 CFR 1026.37(h)(1)(v) (12 CFR 1026.37(h)(1)(v)(A));
ii. If the calculation yields a negative amount, the creditor discloses that amount as
a negative number under the heading “Funds for Borrower” (12 CFR 1026.37(h)(1)(v)), and as zero dollars under the heading “Down Payment/Funds from Borrower under 12 CFR 1026.37(h)(1)(iii)(A)(2) or (B), as applicable) (12 CFR 1026.37(h)(1)(v)(B)); and
iii. If the calculation yields “0,” then zero dollars are disclosed under both headings
under 12 CFR 1026.37(h)(1)(iii)(A)(2) or (B), as applicable, and (h)(1)(v) (12 CFR 1026.37(h)(1)(v)(C)). f. Seller Credits. Determined by totaling the amount that the seller will pay for Total Loan Costs under 1026.37(f)(4) and Total Other Costs under 12 CFR 1026.37(g)(5)), disclosed as a negative number, to the extent known by the creditor at the time of the delivery of the Loan Estimate, labeled “Seller Credits” (12 CFR 1026.37(h)(1)(vi)); NOTES:

Non-specific seller credits. Determine whether general payments from the seller
to the consumer that do not pay for a particular fee are disclosed in the seller credits row of the Calculating Cash to Close table (Comment 37(h)(1)(vi)-1));
Seller credits for specific charges. Determine whether credits for specific items
disclosed under 12 CFR 1026.37(f) and (g) are disclosed, at the creditor’s option either:
A. In the seller credits row of the Calculating Cash to Close table together with any non-specific seller credits; or B. By reducing the amount of the specific charge in the Loan Costs or Other Costs table (Comment 37(h)(1)(vi)-2). g. Adjustments and Other Credits. Determined by combining the Total Loan Costs (determined under 12 CFR 1026.37(f)) and Total Other Costs (determined under 12 CFR 1026.37(g)) that are paid by persons other than the loan originator, creditor, consumer, or seller, together with any other amounts not otherwise disclosed under 12 CFR 1026.37(f) or (g) that are required to be paid by the consumer at closing in a transaction using the “Down Payment/Funds from Borrower” calculation under 12 CFR 1026.37(h)(1)(iii)(A)(1) or pursuant to a purchase and sale contract, labeled “Adjustments and Other Credits” (12 CFR 1026.37(h)(1)(vii)). NOTE: This includes amounts known at the time the Loan Estimate is issued that are expected to be paid at closing by third parties not otherwise associated with the transaction, such as gifts from family members, or others not associated with the

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September 2020 TILA 190 transaction, as well as proceeds from subordinate financing or other sources (Comment 37(h)(1)(vii)-1 and -5). h. Estimated Cash to Close. The sum of the amounts of the components required for Calculating Cash to Close disclosed as under 12 CFR 1026.37(h)(1)(i) through (vii) (12 CFR 1026.37(h)(1)(viii)). Closing Cost Details: Optional Alternative Calculating Cash to Close
Table for Transactions without a Seller or for Simultaneous
Subordinate Financing – 12 CFR 1026.37(h)(2) (Page 2 of the Loan Estimate)
10. Optional Alternative Calculating Cash to Close Table for Transactions Without a Seller or
for Simultaneous Subordinate Financing. If the transaction does not involve a seller or for simultaneous subordinate financing, and the creditor has chosen to provide the optional Alternative Calculating Cash to Close table modeled in Form H-24(G) in Appendix H, determine whether the creditor accurately discloses the total amount of cash or other funds that must be provided by the consumer at consummation, itemized into the following component amounts (12 CFR 1026.37(h)(2)):
a. Loan Amount (12 CFR 1026.37(h)(2)(i)); b. Total Closing Costs. Disclosed as a negative number if the amount disclosed under 12 CFR 1026.37(g)(6) is a positive number, and disclosed as a positive number if the amount disclosed under 12 CFR 1026.37(g)(6) is a negative number (12 CFR 1026.37(h)(2)(ii));
c. Total Payoffs and Payments. Disclosed as the total amount of payoffs and payments
to be made to third parties that are not otherwise disclosed (12 CFR 1026.37(h)(2)(iii)); d. Cash to Close. Disclosed as the amount of cash or other funds due from or to the consumer and a statement of whether the disclosed estimated amount is due from or to the consumer. The amount must be calculated as the sum of the amounts disclosed under “Loan Amount”, “Total Closing Costs”, and “Total Payoffs and Payments” (12 CFR 1026.37(h)(2)(iv)); and e. Closing Costs Financed (Paid from your Loan Amount). Disclosed as the sum of the amounts under “Loan Amount”, and “Total Payoffs and Payments.” The sum is disclosed only to the extent it is greater than “0,” and it is less than or equal to the amount disclosed under “Total Closing Costs” (12 CFR 1026.37(h)(2)(v)). NOTE: The optional Alternative Calculating Cash to Close table may only be provided in transactions without a seller or for simultaneous subordinate financing. In a purchase transaction, the optional alternative disclosure may be used for the simultaneous subordinate financing Loan Estimate only if the first lien Closing Disclosure will record the entirety of the transaction. The

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September 2020 TILA 191 use of the alternative table for transactions without a seller or for simultaneous subordinate financing is optional, but creditors may only use this alternative estimated cash to close disclosure in conjunction with the alternative disclosure under 12 CFR 1026.37(d)(2) (Comment 37(h)(2)-1). Closing Cost Details: Adjustable Payment (AP) Table – 12 CFR 1026.37(i) (Page 2 of the Loan Estimate)
11. Adjustable Payment (AP) Table. For loans where the periodic principal and interest payment
may change after consummation based on a factor other than an interest rate adjustment, or for seasonal payment products as described in 12 CFR 1026.37(a)(10)(ii)(E), determine whether the creditor discloses a separate table under the master headings “Closing Cost Details” and “Adjustable Payment (AP) Table” that contains the following information and satisfies the following requirements:
a. Interest-Only Payments. The disclosure states yes or no to the question of whether the transaction is an interest-only product under 12 CFR 1026.37(a)(10)(ii)(B), and if the answer is yes, the disclosure states the period during which interest-only periodic payments are scheduled (12 CFR 1026.37(i)(1)); b. Optional Payments. The disclosure states yes or no to the question whether the terms of the legal obligation expressly provide that the consumer may elect to pay a specified periodic principal and interest payment in an amount other than the scheduled amount of the payment, and if the answer is yes, the disclosure states the period during which the consumer may elect to make such payments (12 CFR 1026.37(i)(2));
c. Step Payments. The disclosure states yes or no to the question whether the transaction
is a step payment product under 12 CFR 1026.37(a)(10)(ii)(C), and if the answer is yes, the disclosure states the period during which the regular periodic payments are scheduled to increase (12 CFR 1026.37(i)(3)); d. Seasonal Payments. The disclosure states yes or no to the question whether the transaction is a seasonal payment product under 12 CFR 1026.37(a)(10)(ii)(E), and if the answer is yes, the disclosure states the period during which periodic payments are not scheduled (12 CFR 1026.37(i)(4)); and e. Principal and Interest Payments. This label is immediately preceded by the applicable unit period, and the disclosures must contain the following information:
i. The number of the payment of the first periodic principal and interest payment
that may change under the terms of the legal obligation (counting from the first periodic payment due after consummation), and the amount or range of the periodic principal and interest payment for such payment, labeled “First Change/Amount” (12 CFR 1026.37(i)(5)(i));

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ii. The frequency of subsequent changes to the periodic principal and interest
payment, labeled “Subsequent Changes” (12 CFR 1026.37(i)(5)(ii)); and
iii. The maximum periodic principal and interest payment that may occur during the
term of the transaction, and the first periodic principal and interest payment that can reach such maximum, counting from the first periodic payment due after consummation, labeled “Maximum Payment” (12 CFR 1026.37(i)(5)(iii)). NOTE: The AP table is required only if the periodic principal and interest payment may change after consummation based on a loan term other than a change to the interest rate, or the transaction contains a seasonal payment product feature as described in (12 CFR 1026.37(a)(10)(ii)(E)). If the transaction does not contain such loan terms, this table may not appear on the Loan Estimate (Comment 37(i)-1). Closing Cost Details: Adjustable Interest Rate (AIR) Table – 12 CFR 1026.37(j) (Page 2 of the Loan Estimate)
12. Adjustable Interest Rate (AIR) Table. If the interest rate may increase after consummation,
determine whether the creditor discloses, as a separate table under the master headings “Closing Cost Details” and “Adjustable Interest Rate (AIR) Table,” the following information and satisfies the following requirements (12 CFR 1026.37(j)):
a. Index + Margin. Disclosed if the interest rate may adjust and the product type is not a “Step Rate” under 12 CFR 1026.37(a)(10)(i)(B). The disclosure must show the index upon which the adjustments to the interest rate are based and the margin that is added to the index to determine the interest rate, if any, labeled “Index + Margin.” (12 CFR 1026.37(j)(1)); b. Interest Rate Adjustments. If the product type is a “Step Rate” and not also an “Adjustable Rate” under 12 CFR 1026.37(a)(10)(i)(A), the disclosure must show the maximum amount of any adjustments to the interest rate that are scheduled and predetermined, labeled “Interest Rate Adjustments” (12 CFR 1026.37(j)(2));
c. Initial Interest Rate. The disclosure must show the initial interest rate at
consummation of the loan transaction, labeled “Initial Interest Rate” (12 CFR 1026.37(j)(3)); d. Minimum and Maximum Interest Rates. The disclosure must show the minimum and maximum interest rates for the loan, after any introductory period expires, labeled “Minimum/Maximum Interest Rate” (12 CFR 1026.37(j)(4)); e. Frequency of Adjustments. The following information, under the subheading “Change Frequency”, is disclosed:

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i. The month when the interest rate after consummation may first change, calculated
from the date that interest for the first scheduled periodic payment begins to accrue, labeled “First Change”; and
ii. The frequency of interest rate adjustments after the initial adjustment to the
interest rate, labeled “Subsequent Changes” (12 CFR 1026.37(j)(5)); and f. Limits on Interest Rate Changes. The following information, under the subheading “Limits on Interest Rate Changes”, is disclosed:
i. The maximum possible change for the first adjustment of the interest rate after
consummation, labeled “First Change”; and
ii. The maximum possible change for subsequent adjustments of the interest rate
after consummation, labeled “Subsequent Changes” (12 CFR 1026.37(j)(6)). NOTE: If the legal obligation does not permit the interest rate to adjust after consummation, the AIR table is not permitted to appear on the Loan Estimate. The creditor may not disclose a blank table or a table with “N/A” inserted within each row (Comment 37(j)-1). Additional Information About This Loan: Contact information – 12 CFR 1026.37(k) (Page 3 of the Loan Estimate)
13. Determine whether the creditor accurately discloses, under the master heading, “Additional
Information About This Loan”, the following information:
a. Lender/Mortgage Broker. The name and “NMLS ID/License ID” for the creditor (labeled “Lender”) and the mortgage broker (labeled “Mortgage Broker”), if any. If the creditor or mortgage broker has not been assigned an NMLS ID, the license number or other unique identifier issued to the creditor or mortgage broker by the applicable jurisdiction or regulating body must be disclosed, with the abbreviation for the state of the applicable jurisdiction or regulatory body stated before the word “License” in the label, if any (12 CFR 1026.37(k)(1)); b. Loan Officer. The name and NMLS ID of the individual loan officer (labeled “Loan Officer” and “NMLS ID/License ID”, respectively) of the creditor and the mortgage broker, if any, who is the primary contact for the consumer. If the individual loan officer has not been assigned an NMLS ID, the license number or other unique identifier issued by the applicable jurisdiction or regulating body with which the loan officer is licensed and/or registered shall be disclosed, with the abbreviation for the state of the applicable jurisdiction or regulatory body before the word “License” in the label, if any (12 CFR 1026.37(k)(2)); and
c. Email/Phone (respectively). The email address and telephone number of the loan
officer (12 CFR 1026.37(k)(3)).

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Additional Information About This Loan: Comparisons – 12 CFR 1026.37(l) (Page 3 of the Loan Estimate)
14. Comparisons. Determine whether the creditor accurately discloses the following information
for comparison purposes and includes the statement “Use these measures to compare this loan with other loans” (12 CFR 1026.37(l)):
a. In five years (12 CFR 1026.37(l)(l)):
i. The total principal, interest, mortgage insurance, and loan costs scheduled to be
paid through the end of the 60th month after the due date of the first periodic payment, expressed as a dollar amount, along with the statement “Total you will have paid in principal, interest, mortgage insurance, and loan costs”; and
ii. The principal scheduled to be paid through the end of the 60th month after the
due date of the first periodic payment, expressed as a dollar amount, along with the statement “Principal you will have paid off”. b. Annual Percentage Rate (APR). Expressed as a percentage, and the statement “Your costs over the loan term expressed as a rate. This is not your interest rate” (12 CFR 1026.37(l)(2)); and
c. Total Interest Percentage (TIP). The total amount of interest that the consumer will
pay over the life of the loan, expressed as a percentage of the amount of credit extended, using the term “Total Interest Percentage,” the abbreviation “TIP,” and the statement “The total amount of interest that you will pay over the loan term as a percentage of your loan amount” (12 CFR 1026.37(l)(3)). NOTE: The Total Interest Percentage includes prepaid interest that the consumer will pay but does not include prepaid interest that someone other than the consumer will pay (Comment 37(l)(3)-1). Additional Information About This Loan: Other Considerations – 12 CFR 1026.37(m) (Page 3 of the Loan Estimate)
15. Other Considerations. Determine whether the creditor accurately discloses the following (12
CFR 1026.37(m)):
a. Appraisal. For transactions subject to 15 U.S.C. 1639h or 1691(e), as implemented in this part or Regulation B, 12 CFR Part 1002, respectively, a statement, labeled “Appraisal,” that explains (12 CFR 1026.37(m)(1)):
i. The creditor may order an appraisal to determine the value of the property
identified in 12 CFR 1026.37(a)(6) and may charge the consumer for that appraisal;

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ii. The creditor will promptly provide the consumer a copy of any appraisal, even if
the transaction is not consummated; and
iii. The consumer may choose to pay for an additional appraisal of the property for
the consumer’s use. b. Assumption. A statement of whether a subsequent purchaser of the property may be permitted to assume the remaining loan obligation on its original terms (12 CFR 1026.37(m)(2);
c. Homeowner’s Insurance. At the option of the creditor, a statement that homeowner’s
insurance is required on the property and that the consumer may choose the insurance provider (12 CFR 1026.37(m)(3); d. Late Payment. A statement detailing any charge that may be imposed for a late payment, stated as a dollar amount or percentage charge of the late payment amount, and the number of days that a payment must be late to trigger the late payment fee (12 CFR 1026.37(m)(4)); e. Refinance. With the statement “Refinancing this loan will depend on your future financial situation, the property value, and market conditions. You may not be able to refinance this loan” (12 CFR 1026.37(m)(5)); f. Servicing. A statement of whether the creditor intends to service the loan or transfer the loan to another servicer (12 CFR 1026.37(m)(6)); g. Liability after Foreclosure. If the purpose of the credit transaction is to refinance an extension of credit as described in 12 CFR 1026.37(a)(9)(ii), a brief statement that certain state law protections against liability for any deficiency after foreclosure may be lost, the potential consequences of the loss of such protections, and a statement that the consumer should consult an attorney for additional information (12 CFR 1026.37(m)(7)); and h. Construction Loans. In a transaction that involves a new construction, if the creditor reasonably expects settlement will occur more than 60 days after the Loan Estimate is issued and wishes to retain the option to provide a revised disclosure, a clear and conspicuous statement that a revised disclosure may be issued any time prior to 60 days before consummation pursuant to 12 CFR 1026.19(e)(3)(iv)(F) (12 CFR 1026.37(m)(8)).

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Additional Information About This Loan: Confirm Receipt – 12 CFR 1026.37(n) (Page 3 of the Loan Estimate)
16. Confirm Receipt. If the creditor chooses to provide a signature statement, determine whether
the creditor accurately provides the following: “By signing, you are only confirming that you have received this form. You do not have to accept this loan because you have signed or received this form.” If the creditor does not include a line for the consumer’s signature, the creditor discloses the following statement (labeled “Loan Acceptance”): “You do not have to accept this loan because you have received this form or signed a loan application” (12 CFR 1026.37(n)). Form of Disclosures – 12 CFR 1026.37(o)
17. Form of disclosures.62 Determine whether the creditor made the disclosures required by 12
CFR 1026.37 clearly and conspicuously in writing, in a form that the consumer may keep, with disclosures grouped together and segregated from everything else, containing only the information required by 12 CFR 1026.37 (a) through (n), made in the same order, and positioned relative to the master headings, headings, subheadings, labels, and similar designations in the same manner, as shown in Form H-24, set forth in Appendix H (12 CFR 1026.37(o)(1) and (2)):
a. Form H-24 required. Determine whether, for a transaction subject to 12 CFR 1026.19(e) that is a federally related mortgage loan, as defined in Regulation X, 12 CFR 1024.2, the creditor uses Form H-24, set forth in Appendix H (12 CFR 1026.37(o)(3)(i)); b. Substantially similar disclosures. Determine whether the creditor makes the disclosures with headings, content, and format substantially similar to Form H-24, set forth in Appendix H for any other transaction subject to 12 CFR 1026.37 (12 CFR 1026.37(o)(3)(ii)).
c. Rounding – nearest dollar. Determine whether the creditor accurately rounds the
following figures to the nearest whole dollar disclosed pursuant to (12 CFR 1026.37(o)(4)(i)(A)):
i. The dollar amounts for Loan Terms required by 12 CFR 1026.37(b)(6)-(7), (i.e.,
adjustments after consummation and details about prepayment penalty and balloon payments); 62 Limited changes to the disclosure forms are permitted, including substitution of “monthly” with the applicable unit period, making disclosures in languages other than English, and using the creditor’s logo in the space allotted for the identification of the creditor (12 CFR 1026.37(o)(5)).

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ii. The dollar amounts for Projected Payments or range of payments required by 12
CFR 1026.37(c)(1)(iii) (i.e., minimum and maximum amounts of principal and interest for projected periodic payments or range of payments);
iii. The dollar amounts for Mortgage Insurance required to be disclosed by 12 CFR
1026.37(c)(2)(ii) (i.e., itemization of maximum amount of mortgage insurance premiums);
iv. The dollar amounts for Escrow required to be disclosed by 12 CFR
1026.37(c)(2)(iii);
v. The dollar amounts for Taxes, Insurance, and Assessments required to be
disclosed by 12 CFR 1026.37(c)(4)(ii);
vi. The dollar amounts for Loan Costs required to be disclosed by 12 CFR
1026.37(f) (i.e., Origination Charges, Services You Cannot Shop For, Services You Can Shop For, and Total Loan Costs);
vii. The dollar amounts for Other Costs required by 12 CFR 1026.37(g) (i.e., Taxes
and Other Government Fees, Prepaids (other than per diem prepaid interest), Initial Escrow Payment at Closing (other than monthly amounts of initial escrow payments), Other, Total Other Costs, and Total Closing Costs) except as noted for percentages;
viii. The dollar amounts for Calculating Cash to Close required to be disclosed by (12
CFR 1026.37(h));
ix. The dollar amounts for the Adjustable Payment (AP) Table required to be
disclosed by (12 CFR 1026.37(i)); and
x. The dollar amounts for Comparisons required to be disclosed by (12 CFR
1026.37(l)). d. Rounding – nearest whole cent. Determine that the creditor rounds or truncates the following to the nearest whole cent pursuant to (12 CFR 1026.37(o)(4)(i)(A)):
i. The per diem amount required by 12 CFR 1026.37(g)(2)(iii) (prepaid interest
paid per day); and
ii. The figures disclosed pursuant to 12 CFR 1026.37(g)(3)(i)-(iii) (initial escrow
payment at closing for homeowner’s insurance, mortgage insurance, and property taxes) and 12 CFR 1026.37(g)(3)(v) (additional escrow items). e. Loan amount. Determine that the creditor did not round the loan amount disclosed pursuant to 12 CFR 1026.37(b)(1) and truncated whole numbers at the decimal point (12 CFR 1026.37(o)(4)(i)(B)).

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September 2020 TILA 198 f. Total periodic payment. Determine that the creditor accurately rounds the total periodic payment disclosed pursuant to 12 CFR 1026.37(c)(2)(iv), if any of the component amounts of the figures disclosed pursuant to 12 CFR 1026.37(o)(4)(i)(A) are rounded to the nearest whole dollar (12 CFR 1026.37(o)(4)(i)(C)). Percentages. Determine that the creditor discloses the following percentages by rounding the exact amounts to three decimal places and then dropping any trailing zeros that occur to the right of the decimal point (12 CFR 1026.37(o)(4)(ii)). This procedure applies to the following:
A. Interest rate and adjustments after consummation, disclosed pursuant to (12 CFR 1026.37(b)(2) and (6)); B. Points as a percentage of the loan amount, disclosed pursuant to (12 CFR 1026.37(f)(1)(i));
C. Percentage of prepaid interest to be paid per day, disclosed pursuant to (12 CFR
1026.37(g)(2)(iii));
D. Index + Margin, Initial Interest Rate, Minimum/Maximum Interest Rate, and Limits on Interest Rate Changes (as disclosed on the Adjustable Interest Rate (AIR) Table), disclosed pursuant to (12 CFR 1026.37(j)); E. Annual percentage rate, disclosed pursuant to (12 CFR 1026.37(l)(2)); and F. Total interest percentage, disclosed pursuant to 12 CFR 1026.37(l)(3) (12 CFR 1026.37(o)(4)(ii)). Closing Disclosure – 12 CFR 1026.38(a)

Determine whether the disclosures required for the Closing Disclosure are accurately
completed and include the statement “This form is a statement of final loan terms and closing costs. Compare this document with your Loan Estimate” (12 CFR 1026.38(a)(2)). Closing Information – 12 CFR 1026.38(a)(3) (Page 1 of the Closing Disclosure)
Closing Information. Determine whether all fields required by 12 CFR 1026.38(a)(3) are
complete and accurate:
a. Date Issued. Indicating the date disclosures are delivered (12 CFR 1026.38(a)(3)(i)); b. Closing Date (12 CFR 1026.38(a)(3)(ii));
c. Disbursement Date (12 CFR 1026.38(a)(3)(iii));
d. Settlement Agent (12 CFR 1026.38(a)(3)(iv));

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September 2020 TILA 199 e. File #. Disclosing the identification number assigned to the transaction by the settlement agent (12 CFR 1026.38(a)(3)(v)); f. Property. The address or location of the property as disclosed in the Loan Estimate (12 CFR 1026.38(a)(3)(vi)); and g. Sale Price. For transactions where there is a seller, the sale price, labeled “Sale Price”, and where there is no seller, the appraised property value, labeled “Appraised Prop. Value” (12 CFR 1026.38(a)(3)(vii)(A)-(B)). NOTE: If the creditor has not obtained an appraisal, the creditor may disclose the estimated value of the property, using the label “Estimated Prop. Value” (Comment 38. (a)(3)(vii)-1). Transaction Information – 12 CFR 1026.38(a)(4) (Page 1 of the Closing Disclosure)
3. Transaction information. Determine whether all fields required by 12 CFR 1026.38(a)(4) are
complete and accurate:
a. Borrower. The consumer’s name and mailing address, labeled “Borrower” (12 CFR 1026.38(a)(4)(i)); b. Seller. Where applicable, the seller’s name and mailing address, labeled “Seller” (12 CFR 1026.38(a)(4)(ii)); and
c. Lender. The name of the creditor making the disclosure, labeled “Lender” (12 CFR
1026.38(a)(4)(iii)).
Loan Information – 12 CFR 1026.38(a)(5) (Page 1 of the Closing Disclosure)
4. Loan Information. Determine whether all fields required by 1026.38(5) are complete and
accurate:
a. Loan Term (12 CFR 1026.38(a)(5)(i)); b. Purpose (12 CFR 1026.38(a)(5)(ii));
c. Product (12 CFR 1026.38(a)(5)(iii));
d. Loan Type (12 CFR 1026.38(a)(5)(iv)); e. Loan ID # (12 CFR 1026.38(a)(5)(v)); and f. MIC #. The case number for any mortgage insurance policy, if required by the creditor (12 CFR 1026.38(a)(5)(vi)).

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Loan Terms – 12 CFR 1026.38(b) (Page 1 of the Closing Disclosure)
5. Loan Terms. Determine whether the creditor discloses, in a separate table labeled “Loan
Terms”, the information required to be disclosed on the Loan Estimate under 12 CFR 1026.37(b) reflecting the terms of the legal obligation at consummation (12 CFR 1026.38(b)). Projected Payments – 12 CFR 1026.38(c) (Page 1 of the Closing Disclosure)
6. Projected Payments. Determine whether the creditor discloses, in a separate table labeled
“Projected Payments,” the projected payments or range of payments (in the same manner as required on the Loan Estimate under 12 CFR 1026.37(c)(1) through (4)(v)) reflecting the terms of the legal obligation at consummation. Determine whether the creditor referred to the Escrow Account disclosure required by 12 CFR 1026.38(l)(7) and calculated the estimated escrow payments (12 CFR 1026.38(c)(1)-(2)):
a. For transactions subject to RESPA, under the escrow account analysis described in Regulation X, 12 CFR 1024.17 (12 CFR 1026.38(c)(1)(i)); and b. For transactions not subject to RESPA, either calculated under the escrow account analysis described in Regulation X, 12 CFR 1024.17, or in the manner set forth in 12 CFR 1026.37(c)(5) (12 CFR 1026.38(c)(1)(ii)). Costs at Closing – 12 CFR 1026.38(d) (Page 1 of the Closing Disclosure)
7. Costs at Closing. Determine whether the creditor discloses:
a. Closing Costs. Disclosed as the sum of the dollar amounts disclosed on page 2 of the Closing Disclosure, pursuant to 12 CFR1026.38(f)(4) (Loan Costs), 1026.38(g)(5) (Other Costs), and 1026.38(h)(3) (Lender Credits), together with a statement referring the consumer to the disclosures on page 2 (12 CFR 1026.38(d)(i)(A)-(E)); b. Cash to Close. Disclosed as the sum of the dollar amounts calculated in accordance with the Calculating Cash to Close table (12 CFR 1026.38(i)(9)(ii)), together with a statement referring the consumer to the disclosures on page 2 (12 CFR 1026.38(d)(ii)(A)-(B)); or
c. Cash to close – Alternative for transactions without a seller or for a simultaneous
subordinate financing transaction. Disclosed as the amount calculated according to 12 CFR 1026.38(e)(5)(ii), together with a statement of whether the amount is due from or to the consumer and a reference to the Alternative Calculating Cash to Close table required pursuant to 12 CFR 1026.38(e) (12 CFR 1026.38(d)(2)(i)-(iii)).

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September 2020 TILA 201
Closing Cost Details: Loan Costs – 12 CFR 1026.38(f) (Page 2 of the Closing Disclosure)
8. Loan Costs. Determine whether the creditor disclosed all costs associated with the
transaction, with columns stating whether the charge was borrower-paid at or before closing, seller-paid at or before closing, or paid by others, under the following subheadings:
a. Origination Charges. Itemized amounts paid for charges disclosed on the Loan Estimate (12 CFR 1026.37(f)(1)) and the total of Borrower-Paid amounts paid at or before closing, together with:
i. The compensation paid by the creditor to a third-party loan originator; and
ii. The name of the third-party loan originator receiving payment (12 CFR
1026.38(f)(1)). b. Services Borrower Did Not Shop For. Itemized costs for each settlement service the creditor required but did not allow the consumer to shop for, with name of recipient, amount, and total costs designated Borrower-Paid at or before closing. Items listed in the Loan Estimate (12 CFR 1026.37(f)(3)) are disclosed here if the consumer was provided a written list of settlement service providers under 12 CFR 1026.19(e)(1)(vi)(C), and the consumer selected a settlement service provider from that written list (12 CFR 1026.38(f)(2));
c. Services Borrower Did Shop For. Itemized costs for each service required by the
creditor, that the consumer shopped for in accordance with 12 CFR 1026.19(e)(1)(vi)(A), with the amount, the name of recipient, and the total costs designated as Borrower-Paid at or before closing. If these items were disclosed on the Loan Estimate pursuant to 12 CFR 1026.37(f)(3), they are disclosed here if the consumer was provided a written list of settlement service providers and did not select a settlement service provider from that written list (12 CFR 1026.38(f)(3)); d. Total Loan Costs (Borrower-Paid). The sum of the amounts disclosed under 12 CFR 1026.38(f)(5) as Borrower-Paid for the origination charge, services the borrower did not shop for, and services the borrower did shop for (12 CFR 1026.38(f)(4)); and e. Loan Costs Subtotals. Calculation of the total borrower-paid costs at or before closing, showing each subtotal for the origination charge, services the borrower did not shop for, and services the borrower did shop for (12 CFR 1026.38(f)(5)). Closing Cost Details: Other Costs – 12 CFR 1026.38(g) (Page 2 of the Closing Disclosure)
9. Other Costs. Determine whether the creditor disclosed all costs associated with the
transaction (other than those disclosed in the “Loan Costs” table) with columns stating

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September 2020 TILA 202 whether the charge was borrower-paid at or before closing, seller-paid at or before closing, or paid by others, including:
a. Taxes and Other Government Fees. All taxes and government fees to be paid by the borrower at or before closing, including recording fees and transfer taxes, accurately itemized. Determine that the itemized transfer tax is accompanied by the name of the government entity assessing the transfer tax (12 CFR 1026.38(g)(1)(i)-(ii)); NOTE: For additional guidance on taxes and other government fees, see Comments 37(g)(1)-1, -2, -3, and -4). b. Prepaids. Accurately itemized prepaid charges described in the borrower’s Loan Estimate as required by 12 CFR 1026.37(g)(2); the name of the person ultimately receiving the prepaid payment or the government entity assessing the property tax charged; and the total of all amounts designated as Borrower-Paid at or before closing. If prepaid interest is not collected for any period between closing and the date from which interest will be collected with the first monthly payment, then zero dollars are disclosed (12 CFR 1026.38(g)(2));
c. Initial Escrow Payment at Closing. Accurate itemizations of each escrow amount
required at closing as described on the borrower’s Loan Estimate pursuant to 12 CFR 1026.37(g)(3) (e.g., homeowner’s insurance, mortgage insurance, property taxes, etc.); applicable aggregate adjustments pursuant to 12 CFR 1024.17(d)(2); and the total of all amounts designated as Borrower-Paid at or before closing (12 CFR 1026.38(g)(3)); d. Other. All charges, accurately itemized, for services required or related to the borrower’s transaction that are in addition to the charges disclosed in the Loan Costs
table (12 CFR 1026.38(f)) and in the Other Costs table (12 CFR 1026.38(g)(1)-(3)),
for services required or obtained in the real estate closing by the consumer, the seller, or other party and the name of the person ultimately receiving the payment; and the total of all such itemized amounts that are designated Borrower-Paid at or before closing, with the applicable designations for items that are optional or are components of title insurance services (12 CFR 1026.38(g)(4)(i)-(ii)); e. Total Other Costs (Borrower-Paid). Accurately totaled and disclosed sum of all amounts disclosed as Borrower-Paid (12 CFR 1026.38(g)(5)); and f. Other Costs Subtotals. Accurately added individual subtotals in the “Closing Cost Details – Other Costs” table disclosed under 12 CFR 1026.38(g)(1)-(4) to produce the total (12 CFR 1026.38(g)(6)). Closing Cost Details: Total Closing Costs – 12 CFR 1026.38(h) (Page 2 of the Closing Disclosure)
10. Total Closing Costs (Borrower-Paid). Determine whether the creditor:

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September 2020 TILA 203 a. Follows the description, labeling, and ordering requirements for this table (12 CFR 1026.38(h)(4)); and b. Accurately discloses the following closing costs totals:
i. Total Closing Costs (Borrower-Paid). The sum of subtotals for Closing Costs
(12 CFR 1026.38(h)(2)) and Lender Credits (12 CFR 1026.38(h)(3)) (i.e., the following two items in this list) (12 CFR 1026.38(h)(1));
ii. Closing Costs Subtotals. Consisting of the sum of “Loan Cost Subtotals” (12
CFR 1026.38(f)(5) and the “Other Costs Subtotals” (12 CFR 1026.38(g)(6)), designated as Borrower-Paid at or before closing; and the sum of costs paid at and before closing by the seller or other parties (as disclosed pursuant to 12 CFR 1026.38(f) and (g)) (12 CFR 1026.38(h)(2)); and
iii. Lender Credits. For general credits from the creditor for closing costs (as
described in 12 CFR 1026.37(g)(6)(ii), shown as a negative number, and designated as Borrower-Paid at closing (12 CFR 1026.38(h)(3)). NOTES:

Credits that are for specific charges should be reflected in the Paid by Others
column in the Closing Cost Details table (with a notation of “(L)” for lender permitted) under 12 CFR 1026.38(f) and (g) (Comment 38(h)(3)-1).
If a refund is provided pursuant to 12 CFR 1026.19(f)(2)(v), determine whether
the creditor has provided a statement explaining that the refund (the amount described in the Loan Estimate under 12 CFR 1026.37(g)(6)(ii)) includes a credit for the amount that exceeds the limitations on increases in closing costs under 12 CFR 1026.19(e)(3), and the amount of such credit (Comment 38(h)(3)-2). Calculating Cash to Close – 12 CFR 1026.38(i) (Page 3 of the Closing Disclosure)

Calculating Cash to Close. Determine whether the creditor, for each of the following items,
accurately includes the amount from the most recent Loan Estimate provided to the consumer, compared with the amount disclosed in the “Final” column, and provides the necessary answer to the question “Did This Change?” (with items in the latter column disclosed more prominently than other disclosures) (12 CFR 1026.38(i)(1)(i)-(iii)):
a. Total Closing Costs. The Total Closing Costs on the Calculating Cash to Close table of the most recent Loan Estimate disclosed under 12 CFR 1026.37(h)(1)(i) compared with the final “Total Closing Costs” disclosed under 12 CFR 1026.38(h)(1), and:
i. If the amounts are different (unless due to rounding), the creditor has provided
(12 CFR 1026.38(i)(1)(i)-(ii)):

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September 2020 TILA 204
A. A statement of that fact (12 CFR 1026.38(i)(1)(iii)(A)(1)); B. If the difference in the “Total Closing Costs” is attributable to differences in itemized charges that are included in either or both subtotals, a statement that the consumer should see the Total Loan Costs (under 12 CFR 1026.38(f)(4)) and Total Other Costs (under 12 CFR 1026.38(g)(5)) subtotals (together with references to such disclosures), as applicable (12 CFR 1026.38(i)(1)(A)(2)); and
C. If the increase exceeds the limitations on increases in closing costs under 12 CFR
1026.19(e)(3), a statement that such increase exceeds the legal limits by the dollar amount of the excess, and if any refund is provided pursuant to 12 CFR 1026.19(f)(2)(v), a statement directing the consumer to the disclosure required under 12 CFR 1026.38(h)(3), or, if a principal reduction is used to provide the refund, a statement directing the consumer to the principal reduction disclosure under 12 CFR 1026.38(j)(1)(v). The dollar amount must equal the sum total of all excesses of the limitations on increases in closing costs under 12 CFR 1026.19(e)(3), taking into account the different methods of calculating excesses of the limitations on increases in closing costs under 12 CFR 1026.19(e)(3)(i) and (ii) (12 CFR 1026.38(i)(1)(iii)(A)(3)).
ii. If the amount disclosed under 12 CFR 1026.38(i)(1)(ii) (i.e., amount in the Final
column) is equal to the amount disclosed under 12 CFR 1026.38(i)(1)(i) (i.e., amount copied over from the most recent Loan Estimate), a statement of that fact (12 CFR 1026.38(i)(1)(iii)(B)). b. Closing Costs Paid Before Closing. Under the subheading “Loan Estimate,” the dollar amount “$0,” compared with the final amount of “Total Closing Costs” disclosed under 12 CFR 1026.38(h)(2) and designated as Borrower-Paid before closing, stated as a negative number, and (12 CFR 1026.38(i)(2)(i)-(iii)):
i. If these amounts are different (unless the difference is due to rounding), the
creditor has provided a statement of that fact, along with a statement that the consumer paid such amounts prior to consummation of the transaction (12 CFR 1026.38(i)(2)(iii)(A)); or if the amount disclosed under 12 CFR 1026.38(i)(2)(ii) (i.e., amount in the Final column) is equal to the amount disclosed under 12 CFR 1026.38(i)(2)(i) (i.e., zero dollars), a statement of that fact (12 CFR 1026.38(i)(2)(iii)(B)).
c. Closing Costs Financed (Paid from your Loan Amount). Under the subheading “Loan
Estimate,” the amount disclosed on Calculating Cash to Close table on the most recent Loan Estimate under 12 CFR 1026.37(h)(1)(ii), compared with the actual amount of the closing costs that are to be paid out of loan proceeds, if any, stated as a negative number, under the subheading “Final” (12 CFR 1026.38(i)(3)(i)-(iii)), and:
i. If the amounts are different (unless the difference is due to rounding), a statement
of that fact, along with a statement that the consumer included the closing costs in

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September 2020 TILA 205 the loan amount, which increased the loan amount (12 CFR 1026.38(i)(3)(iii)(A)); or
ii. If the amount disclosed under 12 CFR 1026.38(i)(3)(ii) (i.e., amount in the Final
column) is equal to the amount disclosed pursuant to 12 CFR 1026.38(i)(3)(i) (i.e., amount copied over from the most recent Loan Estimate), a statement of that fact (12 CFR 1026.38(i)(3)(iii)(B)). NOTE: Simultaneous subordinate financing. For simultaneous subordinate financing transactions, regardless of whether a sale price was disclosed under 12 CFR 106.38(j)(1)(ii), no sale price will be included in the closing costs financed calculation as payment to third parties (Comment 38(i)(3)- 1.ii). d. Down Payment/Funds from Borrower (12 CFR 1026.38(i)(4)).
i. Under the subheading “Loan Estimate,” the amount disclosed on the most recent
Loan Estimate in the Calculating Cash to Close table under 12 CFR 1026.37(h)(1)(iii), labeled “Down Payment/Funds from Borrower” (12 CFR 1026.38(i)(4)(i)).
ii. Under the subheading “Final” (12 CFR 1026.38(i)(4)(ii)):
(A)
(1) In a purchase transaction as defined in 12 CFR 1026.37(a)(9)(i), the amount determined by subtracting the sum of the loan amount disclosed under 12 CFR 1026.38(b) and any amount of existing loans assumed or taken subject to that is disclosed under 12 CFR 1026.38(j)(2)(iv) from the sale price of the property disclosed under 12 CFR 1026.38(a)(3)(vii)(A), labeled “Down Payment/Funds from Borrower,” except as required by 12 CFR 1026.38(i)(4)(ii)(A)(2); (2) In a purchase transaction that is a simultaneous subordinate financing or that involves improvements to be made on the property, or when the sum of the loan amount disclosed under 12 CFR 1026.38(b) and any amount of existing loans assumed or taken subject to that is disclosed under 12 CFR 1026.38(j)(2)(iv) exceeds the sale price disclosed under 12 CFR 1026.38(a)(3)(vii)(A), the amount of funds from the consumer as determined in accordance with 12 CFR 1026.38(i)(6)(iv), labeled “Down Payment/Funds from Borrower.” (B) In all transactions not subject to 12 CFR 1026.38(i)(4)(ii)(A), the amount of funds from the consumer as determined in accordance with 12 CFR 1026.38(i)(6)(iv), labeled “Down Payment/Funds from Borrower”.

Interagency Examination
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September 2020 TILA 206 iii Under the subheading “Did this change?”, disclosed more prominently than the other disclosures under (12 CFR 1026.38(i)(4)):
A. If the amount disclosed under 12 CFR 1026.38(i)(4)(ii) (i.e., amount in the Final column) is different, unless due to rounding, from the amount disclosed under 12 CFR 1026.38(i)(4)(i) (i.e., amount copied over from the most recent Loan Estimate), a statement of that fact, along with a statement that the consumer increased or decreased this payment and can see further details in the “Summaries of Transactions” table (12 CFR 1026.38(i)(4)(iii)(A)); or B. If the amount disclosed under 12 CFR 1026.38(i)(4)(ii) is equal to the amount disclosed under 12 CFR 1026.38(i)(4)(i), a statement of that fact (12 CFR 1026.38(i)(4)(iii)(B)). e. Deposit (12 CFR 1026.38(i)(5)).
i. Under the subheading “Loan Estimate”, the Deposit amount disclosed on the
Calculating Cash to Close table on the most recent Loan Estimate under 12 CFR 1026.37(h)(1)(iv), labeled “Deposit”;
ii. Under the subheading “Final”, on the Summaries of Transactions table on the
Closing Document, the amount under 12 CFR 1026.38(j)(2)(ii), stated as a negative number; and
iii. Under the subheading “Did this Change?”, disclosed more prominently than the
other disclosures under 12 CFR 1026.38(i)(5):
A. If the amounts are different, unless due to rounding, a statement of that fact, along with a statement that the consumer increased or decreased this payment, as applicable, and that the consumer should see the details disclosed under 12 CFR 1026.38(j)(2)(ii) (i.e., in
Section L in the Summaries of Transactions table); or
B. If the amount disclosed under 12 CFR 1026.38(i)(5)(ii) (i.e., amount in the Final column) is equal to the amount disclosed under 12 CFR 1026.38(i)(5)(i) (i.e., amount copied over from the most recent Loan Estimate), a statement of that fact (12 CFR 1026.38(i)(5)(iii)(B)). NOTE: Under 12 CFR 1026.37(h)(1)(iv), for all transactions other than a purchase transaction as defined in 12 CFR 1026.37(a)(9)(i), the amount required to be disclosed is zero dollars. In a purchase transaction in which no deposit is paid in connection with the transaction, the amount to be disclosed is zero dollars (Comment 38(i)(5)-1).

Interagency Examination
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September 2020 TILA 207 f. Funds for Borrower (12 CFR 1026.38(i)(6)).
i. Under the subheading “Loan Estimate”, the amount disclosed on the
Calculating Cash to Close table on the most recent Loan Estimate under 12 CFR 1026.37(h)(1)(v), labeled “Funds for Borrower”.
ii. Under the subheading “Final”, the “Funds for Borrower”, labeled using that
term, as determined in accordance with (12 CFR 1026.38(i)(6)(iv)).
NOTES:

The “Final” amount of “Funds for Borrower” to be disclosed under 12
CFR 1026.38(i)(6)(ii) is calculated pursuant to 12 CFR 1026.38(i)(6)(iv) by subtracting the sum of the loan amount disclosed under 12 CFR 1026.38(b) and any amount of existing loans assumed or taken subject to that is disclosed under 12 CFR 1026.38(j)(2)(iv) (excluding any closing costs financed disclosed under 12 CFR 1026.38(i)(3)(ii)) from the total amount of all existing debt being satisfied in the transaction. The “Final” amount is disclosed either as a negative number or as zero dollars, depending on the result of the calculation, and is an amount to be disbursed to the consumer or a designee of the consumer at consummation, if any (Comment 38(i)(6)(ii)-1).
When the down payment and funds from the borrower are determined in
accordance with 12 CFR 1026.38(i)(4)(ii)(A)(1), the amount disclosed as “Funds for Borrower” is zero dollars (Comment 38(i)(6)(ii)-2).
iii. Under the subheading “Did this Change?”, disclosed more prominently than the
other disclosures under (12 CFR 1026.38(i)(6): Changes between the “Loan Estimate” and “Final” column amounts are noted in the “Did this Change?” column in accordance with the requirements of 12 CFR 1026.38(i)(6)(iii). If the amounts are different, unless due to rounding, a statement of that fact, along with a statement that the consumer’s available funds from the loan amount have increased or decreased, as applicable (12 CFR 1026.38(i)(6)(iii)(A)); or A. If the amount disclosed under 12 CFR 1026.38(i)(6)(ii) (i.e., amount in the Final column) is equal to the amount disclosed under 12 CFR 1026.38(i)(6)(i) (i.e., amount copied over from the most recent Loan Estimate), a statement of that fact (12 CFR 1026.38(i)(6)(iii)(B)). g. Seller Credits (12 CFR 1026.38(i)(7)).
i. Under the subheading “Loan Estimate”, the amount disclosed on the Calculating
Cash to Close table on the most recent Loan Estimate under 12 CFR 1026.37(h)(1)(vi), labeled “Seller Credits”.

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September 2020 TILA 208
ii. Under the subheading “Final”, the amount disclosed pursuant to 12 CFR
1026.38(j)(2)(v), stated as a negative number.
iii. Under the subheading “Did this Change?”, disclosed more prominently than the
other disclosures under 12 CFR 1026.38(i)(7):
A. If the amounts are different, unless due to rounding, determine whether the creditor discloses a statement that the consumer should see the details disclosed either: (1) under 12 CFR 1026.38(j)(2)(v) in the summaries of transactions table and the seller-paid column of the closing cost details table under 12 CFR 1026.38(f) or (g); or (2) if the difference is attributable only to general seller credits disclosed under 12 CFR 1026.38(j)(2)(v), or only to specific seller credits disclosed in the seller-paid column of the closing cost details table under 12 CFR 1026.38(f) or (g), under only the applicable provision (12 CFR 1026.38(i)(7)(iii)(A)(1) and (2)); or B. If the amount disclosed under 12 CFR 1026.38(i)(7)(ii) (i.e., amount in the Final column) is equal to the amount disclosed under 12 CFR 1026.38(i)(7)(i) (i.e., amount copied over from the most recent Loan Estimate), a statement of that fact (12 CFR 1026.38(i)(7)(iii)(B)). h. Adjustments and Other Credits. Under the subheading “Loan Estimate,” the amount disclosed on the Calculating Cash to Close table on the most recent Loan Estimate under 12 CFR 1026.37(h)(1)(vii), compared with the total of the amounts disclosed under 12 CFR 1026.38(j)(1)(iii) and (v) (to the extent these amounts were not included in the calculation required by 12 CFR 1026.38(i)(4) or (6) and 12 CFR 1026.38(j)(1)(vi) through (x) (See exam procedures below on Itemization of Amounts Due From Borrower) reduced by the total of the amounts disclosed under 12 CFR 1026.38(j)(2)(vi) through (xi) (See exam procedures below on Itemization of Amounts Already Paid By or On Behalf of Borrower) (12 CFR 1026.38(i)(8)(i)-(ii)). NOTE: If the calculation yields a negative number, the amount is disclosed as a negative number (Comment 38(i)(8)(ii)-1).
i. If the amounts are different, unless due to rounding, statement of that fact,
along with a statement that the consumer should see the details disclosed under 12 CFR 1026.38(j)(1)(iii) and (v) through (x) and (j)(2)(vi) through (xi) (i.e., in Sections K and L in the Summaries of Transactions table) (12 CFR 1026.38(i)(8)(iii)(A)); or
ii. If the amount disclosed under 12 CFR 1026.38(i)(8)(ii) (i.e., amount in the
Final column) is equal to the amount disclosed under 12 CFR 1026.38(i)(8)(i) (i.e., amount copied over from the most recent Loan Estimate), a statement of that fact (12 CFR 1026.38(i)(8)(iii)(B)).

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September 2020 TILA 209
i. Cash to Close. Under the subheading “Loan Estimate,” the amount disclosed on the
Calculating Cash to Close table on the most recent Loan Estimate under 12 CFR 1026.37(h)(1)(viii), compared with the “Final” amount listed pursuant to 12 CFR 1026.38(i)(1) through (i)(8), and each disclosed more prominently than the other disclosures in this section (12 CFR 1026.38(i)(9)(i)-(ii)). Alternative Cash to Close Table for Transactions Without a Seller or for Simultaneous Subordinate Financing – 12 CFR 1026.38(e) (Page 3 of the Closing Disclosure)
12. Determine whether the creditor properly uses the optional Alternative Cash to Close table (12
CFR 1026.38(e)).
NOTE: This table may be used only in a transaction without a seller or for a simultaneous subordinate financing transaction (Comment 38(e)-1). In a purchase transaction, the alternative disclosure may be used for the simultaneous subordinate financing Closing Disclosure only if the first-lien Closing Disclosure records the entirety of the seller’s transaction. The use of this alternative calculating cash to close
table for transactions without a seller or for simultaneous subordinate transactions is
required if the Loan Estimate provided to the consumer disclosed the optional alternative table under 12 CR 1026.37(h)(2) (See Comments 38(e)-1, 38(j)-3, 38(k)(2)(vii)-1, and 38(t)(5)(vii)(B)-1 and -2 for further information regarding related disclosure requirements).
13. Determine whether the table is disclosed under the heading “Calculating Cash to Close,”
together with the statement “Use this table to see what has changed from your Loan Estimate” (12 CFR 1026.38(e)).
14. Determine whether the table includes:
a. Loan Amount. Labeled “Loan Amount”:
i. Under the subheading “Loan Estimate,” the loan amount disclosed on the most
recent Loan Estimate under 12 CFR 1026.37(b)(1);
ii. Under the subheading “Final,” the loan amount disclosed under 12 CFR
1026.38(b); and
iii. Disclosed more prominently than other disclosures in this section, under the
subheading “Did this change?”:
A. If the amounts are different (unless due to rounding), a statement of that fact along with a statement of whether this amount increased or decreased. B. If there is no change, a statement of that fact (12 CFR 1026.38(e)(1)(i)- (iii)). b. Total Closing Costs. Labeled “Total Closing Costs” (12 CFR 1026.38(e)(2)):
i. Under the subheading “Loan Estimate,” the amount disclosed on the most recent
Loan Estimate under 12 CFR 1026.37(h)(2)(ii);

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September 2020 TILA 210
ii. Under the subheading “Final,” the final Total Closing Costs disclosed under 12
CFR 1026.38(h)(1), disclosed as a negative number if the amount disclosed under 12 CFR 1026.38(h)(1) is a positive number, and disclosed as a positive number if the amount disclosed under 12 CFR 1026.38(h)(1) is a negative number; and
iii. Disclosed more prominently than other disclosures, with the question “Did this
change?”:
A. If the amounts are different (unless due to rounding):
i. A statement of that fact (12 CFR 1026.38(e)(2)(iii)(A)(1));
ii. If there is a change because of differences in itemized charges that are included
in either or both subtotals, a statement that the consumer should look at the Total Loan Costs and Total Other Costs subtotals disclosed below, together with references to those disclosures (12 CFR 1026.38(e)(2)(iii)(A)(2)); and
iii. If the increase exceeds the legal limits for increases in closing costs under 12
CFR 1026.19(e)(3), a statement of that fact, the dollar amount of the excess, and, if any refund is provided, a reference to the disclosure required for including the refund in a lender credit under 12 CFR 1026.38(h)(3), or if applicable, a statement directing the consumer to the principal reduction disclosure under 12 CFR 1026.38(t)(5)(vii)(B) (12 CFR 1026.38(e)(2)(iii)(A)(3)). B. If there is no change and the amount disclosed under 12 CFR 1026.38(e)(2)(i) is equal to the amount disclosed under 12 CFR 1026.38(e)(2)(ii), a statement of that fact.
c. Closing Costs Paid before Closing. Labeled “Closing Costs Paid Before Closing”
(12 CFR 1026.38(e)(3)):
i. Under the subheading “Loan Estimate”, the amount of zero dollars;
ii. Under the subheading “Final”, any amount designated as Borrower-Paid
before closing under 12 CFR 1026.38(h)(2), disclosed as a positive number;
iii. Disclosed more prominently than other disclosures, under the subheading
“Did This Change?” (12 CFR 1026.38(e)(3)):
A. If the amount disclosed under 12 CFR 1026.38(e)(3)(ii) is different from the amount disclosed under 12 CFR 1026.38(e)(3)(i), unless due to rounding, a statement of that fact along with a statement that the consumer paid such amounts prior to consummation (12 CFR 1026.38(e)(3)(iii)(A)); or B. If the amount disclosed under 12 CFR 1026.38(e)(3)(ii) is equal to the amount disclosed under 12 CFR 1026.38(e)(3)(i), a statement of that fact (12 CFR 1026.38(e)(3)(iii)(B)).

Interagency Examination
Procedures TILA
September 2020 TILA 211 d. Total Payoffs and Payments. Labeled “Total Payoffs and Payments” (12 CFR 1026.38(e)(4)).
i. Under the subheading “Loan Estimate”, the amount disclosed on the most recent
Loan Estimate under (12 CFR 1026.37(h)(2)(iii));
ii. Under the subheading “Final,” the total amount of payoffs and payments made to
third parties not otherwise disclosed under 12 CFR 1026.38(t)(5)(vii)(B), to the extent known, disclosed as a negative number if the total amount disclosed under 12 CFR 1026.38(t)(5)(vii)(B) is a positive number, and disclosed as a positive number if the total amount disclosed under 12 CFR 1026.38(t)(5)(vii)(B) is a negative number; and
iii. Determine whether these disclosures are disclosed more prominently than other
disclosures under this paragraph under the subheading “Did This Change?”:
A. If the amount disclosed under 12 CFR 1026.38(e)(4)(ii) is different from the amount disclosed under 12 CFR 1026.38(e)(4)(i) (unless the difference is due to rounding), a statement of that fact, along with a reference to the “Payoffs and Payments” table that may be added pursuant to 12 CFR 1026.38(t)(5)(viii)(B) (12 CFR 1026.38(e)(4)); or B. If the amount disclosed under 12 CFR 1026.38(e)(4)(ii) is equal to the amount disclosed under 12 CFR 1026.38(e)(4)(i), a statement of that fact (12 CFR 1026.38(e)(4)(iii)(B)). e. Cash to or from consumer. Labeled “Cash to Close” (12 CFR 1026.38(e)(5)):
i. Under the subheading “Loan Estimate”, a statement of whether the estimated amount
is due from or to the consumer, as disclosed under 12 CFR 1026.37(h)(2)(iv) on the most recent Loan Estimate; and
ii. Under the subheading “Final”, a disclosure of the final amount due from or to the
consumer, disclosed as a positive number (12 CFR 1026.38(e)(5)(i)-(ii)). f. Closing Costs Financed (Paid from your Loan Amount). Labeled “Closing Costs Financed (Paid from your Loan Amount)”. Disclosed as the sum of the amounts disclosed under 12 CFR 1026.38(e)(1)(ii) and (e)(4)(ii) (i.e., the amounts in the Final Column of the Loan Amount and Total Payoffs and Payments). However, the amount is disclosed only to the extent that the sum is greater than zero and less than or equal to the sum disclosed under 12 CFR 1026.38(h)(1) (Total Closing Costs) minus the sum disclosed under 12 CFR 1026.38(h)(2) designated as Borrower-Paid before closing (12 CFR 1026.38(e)(6)).

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September 2020 TILA 212
Summaries of Transactions: Borrower’s Transaction – 12 CFR 1026.38(j) (Page 3 of the Closing Disclosure) Borrower’s Transaction – Itemization of Amounts Due from Borrower at Closing (Page 3 of the Closing Disclosure)
15. Due from Borrower at Closing. Determine whether the creditor accurately discloses the total
amount due from the consumer at closing, calculated as the sum of items required to be disclosed by 12 CFR 1026.38(j)(1)(ii) through (x) (i.e., the items described in this procedure), excluding items paid from funds other than closing funds as described in 12 CFR 1026.38(j)(4)(i). Determine whether the creditor completes the summary of the borrower’s transaction as follows (12 CFR 1026.38(j)(1)):
a. Sale Price of Property. The amount of the contract sales price of the property being sold in a purchase real estate transaction, excluding the price of any tangible personal property if the consumer and seller have agreed to a separate price for such items (12 CFR 1026.38(j)(1)(ii)); NOTE: On the simultaneous subordinate financing Closing Disclosure, no contract sales price is disclosed under 1026.38(j)(1)(ii) (Comment 38(j)(1)(ii)-1). b. Sale Price of Any Personal Property Included in Sale. The amount of the sales price of any tangible personal property excluded from the contract sales price pursuant to 12 CFR 1026.38(j)(1)(ii) (12 CFR 1026.38(j)(1)(iii));
c. Closing Costs Paid at Closing. The total amount of closing costs disclosed that are
designated Borrower-Paid at closing, calculated pursuant to 12 CFR 1026.38(h)(2) and (h)(3) (See procedure above regarding Closing Costs Subtotals (12 CFR 1026.38(j)(1)(iv)); d. Contractual Adjustments and Other Consumer Charges. A description and the amount of any additional items that the seller has paid prior to the real estate closing, but reimbursed by the consumer at the real estate closing, and a description and the amount of any other items owed by the consumer at the real estate closing not otherwise disclosed pursuant to 12 CFR 1026.38(f), (g), or (j) (12 CFR 1026.38(j)(1)(v)); NOTES:

Contractual Adjustments. This section requires disclosure of amounts not
otherwise disclosed under 12 CFR 1026.38(j) that are owed to the seller but payable to the consumer after the transaction closing (Comment 38(j)(1)(v)- 1).

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September 2020 TILA 213

Other Consumer Charges. The amounts disclosed under 12 CFR
1026.38(j)(1)(v) that are for charges owed by the consumer at the real estate closing not otherwise disclosed under 12 CFR 1026.38(f), (g), and (j) will not have a corresponding credit in the summary of the seller’s transaction under 12 CFR 1026.38(k)(1)(iv) (Comment 38(j)(1)(v)-2).
Simultaneous Subordinate Financing Closing Disclosure. On the
simultaneous subordinate financing Closing Disclosure, the proceeds of the subordinate financing applied to the first-lien transaction may be included in the summaries of transactions table under 12 CFR 1026.38(j)(1)(v). See also Comments 37(h)(1)(v)-2 and 37(h)(1)(vii)-6 for an explanation of how to disclose on the Loan Estimate amounts that will be disclosed on the Closing Disclosure under 12 CFR 1026.38(j)(1)(v) (Comment 38(j)(1)(v)-3). e. The description “Adjustments for Items Paid by Seller in Advance” (12 CFR 1026.38(j)(1)(vi)); f. City/Town Taxes. The prorated amount of any prepaid taxes due from the consumer to reimburse the seller at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(j)(1)(vii)); g. County Taxes. The prorated amount of any prepaid taxes due from the consumer to reimburse the seller at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(j)(1)(viii)); h. Assessments. The prorated amount of any prepaid assessments due from the consumer to reimburse the seller at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(j)(1)(ix)); and
i. A description and the amount of any additional items paid by the seller prior to the
real estate closing that are due from the consumer at the real estate closing (12 CFR 1026.38(j)(1)(x)). Borrower’s Transaction – Itemization of Amounts Paid Already by or on Behalf of Borrower at Closing (Page 3 of the Closing Disclosure)

Paid Already by or on Behalf of Borrower at Closing. Determine whether the creditor
accurately discloses the sum of the amounts disclosed in 12 CFR 1026.38(j)(2)(ii) through (xi) (i.e., the items described in this procedure), excluding items paid from funds other than closing funds as described in 12 CFR 1026.38(j)(4)(i). Determine whether the creditor accurately completes the summary of borrower’s transaction as follows (12 CFR 1026.38(j)(2)(i)):
a. Deposit. Any amount that is paid to the seller or held in trust or escrow by an attorney or other party under the terms of the agreement for the sale of the property (12 CFR 1026.38(j)(2)(ii));

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September 2020 TILA 214 b. Loan Amount. The amount of the consumer’s new loan amount or first user loan as disclosed pursuant to 12 CFR 1026.38(b) (12 CFR 1026.38(j)(2)(iii));
c. Existing Loan(s) Assumed or Taken Subject To. The amount of any existing loans that
the consumer is assuming, or any loans subject to which the consumer is talking title to the property (12 CFR 1026.38(j)(2)(iv)); d. Seller Credit. The total amount of money that the seller will provide at the real estate closing as a lump sum not otherwise itemized to pay for loan costs as determined by 12 CFR 1026.38(f) and other costs as determined by 12 CFR 1026.38(g) and any other obligations of the seller to be paid directly to the consumer (12 CFR 1026.38(j)(2)(v)); e. Other Credits. A description and amount of other items paid by or on behalf of the consumer and not otherwise disclosed pursuant to 12 CFR 1026.38(f), (g), (h), and (j)(2) labeled “Other Credits”; and amounts and descriptions of any additional amounts owed to the consumer but payable to the seller before the real estate closing, under the heading “Adjustments” (12 CFR 1026.38(j)(2)(vi)); NOTE: Any financing arrangements or other new loans not otherwise disclosed under 1026.38(j)(2)(iii) or (iv) must be disclosed under 12 CFR 1026.38(j)(2)(vi) on the first-lien Closing Disclosure. The principal amount of subordinate financing is disclosed on the summaries of transactions table for the borrower’s transaction either on line 04 under the subheading “L. Paid Already by or on Behalf of Borrower at Closing,” or under the subheading “Other Credits” (Comment 38(j)(2)(vi)-2). f. The description “Adjustments for Items Unpaid by Seller” (12 CFR 1026.38(j)(2)(vii)); g. City/Town Taxes. The prorated amount of any unpaid taxes due from the seller to reimburse the consumer at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(j)(2)(viii)); h. County Taxes. The prorated amount of any unpaid taxes due from the seller to reimburse the consumer at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(j)(2)(ix);
i. Assessments. The prorated amount of any unpaid assessments due from the seller to
reimburse the consumer at the real estate closing, and the time period corresponding that amount (12 CFR 1026.38(j)(2)(x)); and j. A description and the amount of any additional items that have not yet been paid and that the consumer is expected to pay after the real estate closing but that are attributable in part to a period of time prior to the real estate closing (12 CFR 1026.38(j)(2)(xi)).

Interagency Examination
Procedures TILA
September 2020 TILA 215
Borrower’s Transaction – Calculation of Borrower’s Transaction (Page 3 of the Closing Disclosure)
17. Calculation. Determine whether the creditor accurately discloses the total amount due from,
and already paid by, the consumer at closing by the following calculation (12 CFR 1026.38(j)(3)):
a. Total Due from Borrower at Closing. The amount disclosed in the Closing Disclosure, on the line captioned “Due from Borrower at Closing” (12 CFR 1026.38(j)(3)(i)); b. Total Paid Already by or on Behalf of Borrower at Closing. The amount disclosed in the Closing Disclosure, on the line captioned “Paid Already by or on Behalf of Borrower at Closing”, if any, disclosed as a negative number (12 CFR 1026.38(j)(3)(ii)); and
c. Cash to Close. A statement that the disclosed amount is due from or to the consumer,
and the amount due from or to the consumer at the real estate closing, calculated by the sum of the amounts disclosed as the “Total Due from Borrower at Closing” and “Total Paid Already by or on Behalf of Borrower at Closing” (12 CFR 1026.38(j)(3)(iii)).
18. Paid Outside of Closing. Determine whether the creditor discloses costs that are not paid
from closing funds but would otherwise be disclosed; describes the funds as “Paid Outside of Closing” or the abbreviation “P.O.C.”; and includes the name of the party making the payment (12 CFR 1026.38(j)(4)(i)). NOTE: For purposes of 12 CFR 1026.38(j), “closing funds” means funds collected and disbursed at real estate closing (12 CFR 1026.38(j)(4)(ii)). Summaries of Transactions: Seller’s Transaction – 12 CFR 1026.38(k) (Page 3 of the Closing Disclosure) Seller’s Transaction – Itemization of Amounts Due to Seller at Closing (Page 3 of the Closing Disclosure)
19. Due to Seller at Closing. Determine whether the creditor accurately discloses the total
amount due to the seller at the real estate closing, calculated as the sum of items required to be disclosed pursuant to 12 CFR 1026.38(k)(1)(ii) through (ix) (i.e., the items in this procedure), excluding items paid from funds other than closing funds as described in 12 CFR 1026.38(k)(4)(i). Determine whether the creditor accurately completes the summary of seller’s transaction as follows (12 CFR 1026.38) (k)(1)(i)):
a. Sale Price of Property. The amount of the contract sales price of the property being sold, excluding the price of any tangible personal property if the consumer and seller have agreed to a separate price for such items (12 CFR 1026.38(k)(1)(ii));

Interagency Examination
Procedures TILA
September 2020 TILA 216 b. Sale Price of Any Personal Property Included in Sale. The amount of the sales price of any tangible personal property excluded from the contract sales price pursuant to 12 CFR 1026.38(k)(1)(ii) (12 CFR 1026.38(k)(1)(iii));
c. A description and the amount of other items paid to the seller by the consumer
pursuant to the contract of sale or other agreement, such as charges that were not disclosed pursuant to 12 CFR 1026.37 on the Loan Estimate or items paid by the seller prior to the real estate closing but reimbursed by the consumer at the real estate closing (12 CFR 1026.38(k)(1)(iv)); d. The description “Adjustments for Items Paid by Seller in Advance” (12 CFR 1026.38(k)(1)(v)); e. City/Town Taxes. The prorated amount of any prepaid taxes due from the consumer to reimburse the seller at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(k)(1)(vi); f. County Taxes. The prorated amount of any prepaid taxes due from the consumer to reimburse the seller at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(k)(1)(vii)); g. Assessments. The prorated amount of any unpaid assessments due from the consumer to reimburse the seller at the real estate closing, and the time period corresponding that amount (12 CFR 1026.38(k)(1)(viii)); and h. A description and the amount of additional items paid by the seller prior to the real estate closing that are reimbursed by the consumer at the real estate closing (12 CFR 1026.38(k)(1)(ix)). Seller’s Transaction – Itemization of Amounts Due from Seller at Closing (Page 3 of the Closing Disclosure)
20. Due from Seller at Closing. Determine whether the creditor accurately discloses the sum of
the amounts disclosed in 12 CFR 1026.38(k)(2)(ii) through 1026.38(k)(2)(xiii) (i.e., the items in this procedure), excluding items paid from funds other than closing funds described in 12 CFR 1026.38(k)(4)(i). Determine whether the creditor accurately completes the summary of the seller’s transaction as follows (12 CFR 1026.38(k)(2)(i)):
a. Excess Deposit. The amount of any excess deposit disbursed prior to closing (12 CFR 1026.38(k)(2)(ii)); b. Closing Costs Paid at Closing. The amount of closing costs designated Seller-Paid at closing and disclosed pursuant to 12 CFR 1026.38(h)(2) (12 CFR 1026.38(k)(2)(iii));
c. Existing Loan(s) Assumed or Taken Subject To. The amount of any existing loans
assumed or taken subject to by the consumer (12 CFR 1026.38(k)(2)(iv));

Interagency Examination
Procedures TILA
September 2020 TILA 217 d. Payoff of First Mortgage Loan. The amount of a first-lien loan secured by the property being sold that will be paid off at closing (12 CFR 1026.38(k)(2)(v)); e. Payoff of Second Mortgage Loan. The amount of any loan secured by a second lien on the property that will be paid off as part of the real estate closing (12 CFR 1026.38(k)(2)(vi)); f. Seller Credit. The total amount of seller funds to be provided at closing as a lump sum that has not otherwise been itemized to pay for loan costs as determined by 12 CFR 1026.38(f) and other costs as determined by 12 CFR 1026.38(g) and any other obligations of the seller to be paid directly to the consumer (12 CFR 1026.38(k)(2)(vii); g. A description and amount of all other items to be paid by the seller at closing, including any lien-related payoffs, fees, or obligations (12 CFR 1026.38(k)(2)(viii)); h. The description “Adjustments for Items Unpaid by Seller” (12 CFR 1026.38(k)(2)(ix));
i. City/Town Taxes. The prorated amount of unpaid taxes due from the seller to
reimburse the consumer at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(k)(2)(x); j. County Taxes. The prorated amount of any unpaid taxes due from the seller to the consumer at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(k)(2)(xi)); k. Assessments. The prorated amount of any unpaid assessments due from the seller to reimburse the consumer at the real estate closing, and the time period corresponding to that amount (12 CFR 1026.38(k)(2)(xii)); and
l. A description and the amount of any additional items that have not yet been paid and
that the consumer is expected to pay after the real estate closing but that are attributable in part to a period of time prior to the real estate closing (12 CFR 1026.38(k)(2)(xiii)). Seller’s Transaction – Calculation of Seller’s Transaction (Page 3 of the Closing Disclosure)
21. Calculation. Determine whether the creditor accurately discloses the total amount due to and
from the seller at closing by the following calculation (12 CFR 1026.38(k)(3)):
a. Total Due to Seller at Closing. The amount disclosed in the Closing Disclosure, on the line captioned “Due to Seller at Closing” (12 CFR 1026.38(k)(3)(i));

Interagency Examination
Procedures TILA
September 2020 TILA 218 b. Total Due from Seller at Closing. The amount disclosed in the Closing Disclosure on the line captioned “Due from Seller at Closing,” disclosed as a negative number (12 CFR 1026.38(k)(3)(ii));
c. Cash. A statement that the disclosed amount is due from or to the seller and the
amount due, calculated by the sum of the amounts disclosed as the “Total Due to Seller at Closing” and “Total Due from Seller at Closing” (12 CFR 1026.38(k)(3)(iii)). Seller’s Transaction – Items Paid Outside of Closing Funds (Page 3 of Closing Disclosure)
22. Determine whether the creditor discloses other costs that are not paid out of closing funds but
would otherwise be disclosed in the Summaries of Transactions: Seller’s Transaction table; describing the funds as “Paid Outside of Closing” or the abbreviation “P.O.C.,” and including the name of the party making the payment (12 CFR 1026.38(k)(4)(i)). NOTES:

For purposes of 12 CFR 1026.38(k), “closing funds” means funds collected and
disbursed at real estate closing (12 CFR 1026.38(k)(4)(ii)).
12 CFR 1026.38(k) does not apply in a transaction where there is no seller, for
example, in a refinance transaction, or a transaction with a construction purpose as defined in 12 CFR 1026.37(a)(9)(iii), or a simultaneous subordinate financing purchase transaction if the first-lien Closing Disclosure records the entirety of the seller’s transaction (Comment 38(k)-1). If 12 CFR 1026.38(k) applies to a simultaneous subordinate financing transaction, 12 CFR 1026.38(k) is completed based only on the terms and conditions of the simultaneous subordinate financing transaction and no contract sales price is disclosed under 12 CFR 1026.38(k)(1)(ii) on the Closing Disclosure for the simultaneous subordinate financing. (Comment 38(k)(1)-1) Payoffs and Payments Table for Transactions Without a Seller or Simultaneous Subordinate Financing Transaction – 12 CFR 1026.38(t)(5)(vii)(B) (Page 3 of the Closing Disclosure) The following modifications to Form H-25 of Appendix H may be made for a transaction that does not involve a seller or for simultaneous subordinate financing, and for which the alternative tables are disclosed under 12 CFR 1026.38(d)(2) and (e), as illustrated by Form H-25(J).

Payoff and Payments. For transactions without a seller, determine whether a creditor, using
an optional modified Closing Disclosure (as illustrated by Form H-25(J) in Appendix H), has provided alternative tables for Cash to Close, pursuant to 12 CFR 1026.38(d)(2), and for Calculating Cash to Close pursuant to 12 CFR 1026.38(e), and that the creditor itemizes the amounts of payments made at consummation to other parties from the credit extended to the

Interagency Examination
Procedures TILA
September 2020 TILA 219 consumer or funds provided by the consumer in connection with the transaction, including designees of the consumer, the payees, and a description of the purpose of such disbursements under the subheading “To;” and the total amount of such payments, labeled “Total Payoffs and Payments.” NOTE: Funds provided by designees of the consumer may include gift funds, grants, proceeds from loans that satisfy the partial exemption criteria in 12 CFR 1026.3(h), and, on the Closing Disclosure for a simultaneous subordinate financing transaction, contributions from a seller for costs associated with the subordinate financing (Comment 38(t)(5)(vii)(B)-1).
24. Disclosure of Subordinate Financing. For a transaction without a seller, or for a simultaneous
subordinate financing transaction, if a creditor chose to disclose the alternative tables under 12 CFR 1026.38(d)(2) and (e), determine whether a creditor’s modifications to form H-25 of
Appendix H, if any, were permissible pursuant to the requirements of 12 CFR
1026.38(t)(5)(vii).
A. The information required by 12 CFR 1026.38(a)(4)(ii), and 12 CFR 1026.38(f), (g), and (h) with respect to loan costs, other costs, and closing costs paid by the seller, may be deleted (12 CFR 1026.38(t)(5)(vii)(A)). B. A table under the master heading “Closing Cost Details” required by 12 CFR 1026.38(f) may be added with the heading “Payoffs and Payments” that itemizes the amounts of payments made at closing to other parties from the credit extended to the consumer or funds provided by the consumer in connection with the transaction, including designees of the consumer; the payees and a description of the purpose of such disbursements under the subheading “To”; and the total amount of such payments, labeled “Total Payoffs and Payments” (12 CFR 1026.38(t)(5)(vii)(B)).
C. The tables required to be disclosed by 12 CFR 1026.38(j) and (k) may be deleted
(12 CFR 1026.38(t)(5)(vii)(C)).
NOTE: The commentary to 12 CFR 1026.38(t)(5)(vii)(B) provides guidance as follows:

First-lien Closing Disclosure. On the Closing Disclosure for a first-lien
transaction disclosed with the alternative tables pursuant to 12 CFR 1026.38(d)(2) and (e) that also has simultaneous subordinate financing, the proceeds of the subordinate financing are included in the payoff and payments table under 12 CFR 1026.38(t)(5)(vii)(B) by disclosing, as a credit, the principal amount of the subordinate financing, and if the net proceeds of the subordinate financing are less than the principal amount of the subordinate financing, the net proceeds (Comment 38(t)(5)(vii)(B)-2.i).
Simultaneous subordinate financing – Closing Disclosure. On the Closing
Disclosure for a simultaneous subordinate financing transaction disclosed

Interagency Examination
Procedures TILA
September 2020 TILA 220 with the alternative tables pursuant to 12 CFR 1026.38(d)(2) and (e), the proceeds of the subordinate financing applied to the first-lien transaction may be included in the payoffs and payments table under 12 CFR 1026.38(t)(5)(vii)(B) (Comment 38(t)(5)(vii)(B)-2.ii).

Simultaneous subordinate financing – Seller contribution. If a creditor
discloses the alternative tables pursuant 12 CFR 1026.38(d)(2) and (e) on the simultaneous subordinate financing Closing Disclosure, the creditor also discloses as a credit in the payoffs and payments table on the simultaneous subordinate financing Closing Disclosure, any contributions from the seller toward the simultaneous subordinate financing. (See also Comments 38(j)-3 and 38(k)(2)(vii)-1 for disclosure requirements applicable to the first-lien transaction when the alternative disclosures are used for a simultaneous subordinate financing transaction and a seller contributes to the costs of the subordinate financing.) (Comment 38(t)(5)(vii)(B)-2.iii). NOTE: As required by 12 CFR 1026.38(a)(3)(vii)(B), a form used for a transaction that does not involve a seller and is modified under 12 CFR 1026.38(t)(5)(vii) must contain the label “Appraised Prop. Value”. Where an estimate is disclosed, rather than an appraisal, the label for the disclosure is changed to “Estimated Prop. Value” (Comment 38(a)(3)(vii)-1). Additional Information About This Loan: Loan Disclosures – 12 CFR 1026.38(l) (Page 4 of the Closing Disclosure)

Loan Disclosures. Determine whether the creditor accurately provides the required
disclosures (12 CFR 1026.38(l)):
a. Assumption. Whether the loan obligations may be assumed by a subsequent purchaser (12 CFR 1026.38(l)(1)); b. Demand Feature. Whether the legal obligation includes a demand feature, and, if it does, a reference to the note or other loan contract for details (12 CFR 1026.38(l)(2));
c. Late Payment. The dollar amount or percentage charge of any fee designated as a late
payment (information required on the Loan Estimate by 12 CFR 1026.37(m)(4)) and the number of days after which such a charge will be triggered (12 CFR 1026.38(l)(3)); d. Negative Amortization (Increase in Loan Amount). Whether the regular period payments may cause the principal balance to increase, and:
i. If the regular periodic payments do not cover all of the interest due, the creditor
provides a statement that the borrower’s principal balance will increase, such balance will likely become larger than the original loan amount, and increases in such balance lower the consumer’s equity in the property; and

CA 21-14: Revised Interagency Examination Procedures for Regulation Z

Notes:

Revised Interagency Examination Procedures for Regulation Z

Lineage: No known changes