Skip to content
BOL Conferences
Thread Options
#1248384 - 09/10/09 08:44 PM MDIA and 226.22(a)(4) and 226.22(a)(5)
pacar Offline
Gold Star
Joined: Jul 2007
Posts: 320
I am having trouble understanding when I should look to 226.22(a)(4) and (a)(5) for the ETIL's.

I have a mortgage loan that was originally disclosed at 5.579 and is now 5.437 because the amount of the loan changed because of the appraised value of the home.

The closing is scheduled for Monday and I'm trying to determine if there is any way to still close on Monday.

Reading the commentary for 226.22(a) 4 & 5, I'm not understanding it at all. Can someone give me a plain language read of these two sections so I can help my lender out? If I can use (a)(5) because the APR is now lower, that might work.

But...I don't believe the APR is derived from the finance charge, as the lender gets the rate from a different source. So, if that's the case, I can't apply either of these, can I?

I'm so confused....
Last edited by pacar; 09/10/09 09:11 PM. Reason: finish my train of thought
Return to Top
Lending Compliance
#1248733 - 09/11/09 03:19 PM Re: MDIA and 226.22(a)(4) and 226.22(a)(5) pacar
CompDat Offline
Platinum Poster
Joined: Dec 2005
Posts: 553
USA
APRs can be fairly confusing, and how fees and other finance charges play into them. I would recommend downloading APR win and playing around with the finance charges to get a better idea of how these factors work. Finance charges do affect APR.

The two sections you have referenced refer to irregular transactions. If that is the case, your error was not caused by an omission.

The way I read your question is that you just made a mistake on the appraised value and were not in good faith reliance on a faulty tool. Thus, IMO opinion (which may not count for much since I am just getting deep into this) would require redisclosure.

Return to Top

Moderator:  Andy_Z