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 Sam
Site Admin
Joined: 21 May 2005
Posts: 211
Location: CALIFORNIA
97.26 Dollars($)
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 Posted: Wed Mar 31, 2004 12:47 am Post subject: Truth In Lending Act |
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The Truth-in-Lending Act was enacted in 1968 as a part of the Consumer Protection Act. The Act is implemented by the Federal Reserve Board and government agencies which follow a set of rules called Regulation Z in respect of consumer lending.
The Federal Truth in Lending Act requires lenders and mortgage companies to disclose in writing the terms and conditions of a mortgage loan. The Truth in Lending Statement discloses the total amount of mortgage loan taken by a borrower and the annual percentage rate (APR) charged on the loan amount. It also discloses other loan fees and total payments required to pay off the mortgage loan.
According to the Federal law, the borrower should receive the Truth in Lending Statement within three days after he submits the loan application. The Statement gives an estimate of the closing costs including the payments towards taxes and insurances and also the first month?s interest. It also contains information on security interest, late charges, balloon payments and prepayment options if available with a particular kind of mortgage. Whether the mortgage is assumable, is also stated in the Truth in Lending Statement.
In case the mortgage is an adjustable rate loan, the Truth in Lending Statement may also provide information on the limits up to which the interest rate and payment may adjust during the loan term. The Statement also gives an example of the next year?s mortgage expenses depending on the interest rates.
Lenders are bound to follow the Truth in Lending Act and provide details on the loan fees but there are cases when they may not include all the charges. They may exclude charges for appraisal of the property, notary fee, credit report fee and some other costs. Lenders may also change the fee structure. In that case, they should provide borrowers with the modified charges at or before the date of closing.
As stated in the Truth in Lending Statement, lenders should also provide a final Statement regarding the loan fees and the APR. The final Statement gives a final version of the loan costs, APR and also consists of any changes in the rate and points between the loan application and closing. The Truth-in-Lending Statement helps borrowers get information on the loan costs so that they can compare one loan with another.
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John Hiler
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0.10 Dollars($)
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| Posted: Wed Dec 20, 2006 4:42 pm Post subject: |
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| I would like to know in which circumstances the APR disclosed by the bank if incorrect will not be considered as a violation of the regulations under the Truth in Lending Act. |
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blue
Joined: 21 Oct 2005
Posts: 1138
Location: MARYLAND
137.62 Dollars($)
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| Posted: Wed Dec 20, 2006 4:55 pm Post subject: |
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Hi John,
Welcome to Mortgagefit forum.
Even if the Annual Percentage Rate disclosed by any bank is incorrect, it will not be considered as a violation of the regulations under TILA if:- Such an error in the disclosure of the rate occurs because of the error in the tool used by the bank in the calculation of such rates. And the bank has used the tool for making the calculations in good faith.
- After it becomes known that the result provided by that calculation tool are incorrect, the bank stops using that for providing rate disclosures.
- A written notification is given by the bank to the Federal Reserve Board about the error in the tool they are using for making the calculations.
Do let us know if you have any other questions.
Thanks
Blue
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