Reserve Mortgage LoanMortgage loan reserve
It is important that this new regulation applies to all mortgage creditors, not just those active in the sub-prime mortgage markets. This new regulation modifies Regulation Z (Truth in Lending) and was adopted under the Home Ownership and Equity Protection Act (HOEPA). In essence, the definitive regime corresponds to the proposal published in December 2007, which lays down rules for the new class of "higher-priced mortgages", lays down new benchmarks for all covered mortgage loans guaranteed by a consumer's main residence, and provides for further limitations on mortgage credit canvassing.
For the full text of the Rules, see http:// www.federalreserve.gov/newsevents/press/bcreg/bcreg20080714a1.pdf. www.federalreserve.gov/newsevents/press/bcreg/bcreg20080714a1.pdf. www.federalreserve.gov/newsevents/press/bcreg/bcreg20080714a1.pdf. First, the definitive rules largely define "higher-priced mortgages" with the intention of covering practically all credits in the mortgage class while foreclosing credits in the primary class. A Fed will release an Index of Mean prime offers currently surveyed by Fannie Mae and a loan will be considered "higher priced" if (i) it is a first line mortgage with an APR of 1.
a subordinated mortgage with an APR of 5 points above the index, or (ii) a subordinated mortgage with an APR of 3. Similar definitions have been suggested (but not finalised) for the application of Regulation C to mortgage disclosures. Basic principles of higher-priced mortgage limitations are as follows: It is forbidden for creditors to grant a loan without checking the borrower's capacity to pay back the loan from incomes and other property (other than the house itself).
Adherence to this Ordinance, which is aimed directly at the practise of providing variable-rate mortgages with low starting interest rates (ARMs), obliges creditors to evaluate their repayability on the basis of the highest planned repayments in the first seven years of the loan. Advance payment fines are forbidden if the payment may vary within the first four years of the loan and cannot otherwise exceed two years.
After all, these regulations stipulate that the creditor must set up an trust fund for the purpose of paying real estate tax and a first priority home contents policy for mortgage lending, which the creditor can allow the debtor to terminate after the first year of the loan. Furthermore, the definitive regulation forbids a wide range of service practice for encashed mortgage backed by a consumer's main home, which includes, but is not restricted to, not crediting a client's bank balance with a single amount at the moment of receipt of funds, not submitting a payout declaration within a reasonably short space of notice, and "pyramid formation" of default charges.
In addition, within three working days following an application by a private individual for a mortgage loan backed by the borrower's main residence, whether construction or refinancing, the creditor must submit a bona fide estimation of the cost of the loan (including a repayment plan). Advertisements for all mortgage types, regardless of the kind, precedence or security provided, must include information about interest rate, interest rate, interest rate, and other credit characteristics, such as the effect of discount rate, the presence of a bonus payout, the ability of certain types of interest to be deducted for taxation and the amount of incentive or introduction interest thereon.
It also prohibits seven particular promotional activities which are considered to be fraudulent or confusing. i) advertise an interest charge or payout as'fixed' if it can (and often will) vary in the course of the loan; ii) make any comparison between any effective or assumed interest charge or payout and the payout or straight forward interest payable per annum that will be available for less than the entire life of the loan, unless the advert contains all relevant interest charges that may be in effect during the life of the loan and a declaration that such instances do not involve tax or social security;
iii ) relate to State support for a particular loan or programme, unless the advertising relates to an FHA, VA or similar loan programme actually funded by a central, state or municipal authority; iv ) Send advertising using the name of the owner's present mortgage provider unless the advertising actually originates from that present mortgage provider or contains a declaration identifying the sender and its membership (or absence) of the owner's present mortgage provider; v) Use a foreign language that promises to erase a consumer's debts or liabilities to another mortgage provider;
vi ) the use of the term "advisor" or "financial advisor" to designate mortgage broker, creditor or their representatives and staff; and vii) the merging of triggers for truth-in-lending presented in English with disclosure in a non-English tongue, or conversely (notices given entirely in one tongue are not affected).