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#2092655 - 08/11/16 02:24 PM HELOC Application Disclosure
Anonymous
Unregistered

Can we send a corrected application disclosure with a lower rate post-application for applications received at a branch, then forwards the application to our loan operations for processing. Customer does currently receive an application disclosure at the time the application is submitted.

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#2093111 - 08/14/16 04:47 PM Re: HELOC Application Disclosure Anonymous
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,512
Galveston, TX
Why? Unless you are charging fees up front, what difference does it make?
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#2093417 - 08/16/16 02:20 PM Re: HELOC Application Disclosure Anonymous
SMQ, CRCM Offline
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SMQ, CRCM
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Between the lines
While it makes no difference from a disclosure perspective; I see nothing wrong with notifying the applicant that you plan to offer them a lower rate.

If the reason for the lower rate was because the branch is using the wrong disclosures, this needs to be addressed. If you are offering some a lower rate and not others without benefit of underwriting, then you may have to defend a Fair Lending issue.
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#2093547 - 08/16/16 06:18 PM Re: HELOC Application Disclosure Anonymous
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,540
Bloomington, IN
applications received at a branch, then forwards the application to our loan operations for processing. Customer does currently receive an application disclosure at the time the application is submitted.

The way this is written leads me to believe your procedures are not compliant with providing the disclosures. The regulation requires you to provide the disclosure at the time you provide the application to the consumer, not when they submit an application. 1026.40(b).
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The opinions expressed are mine and they are not to be taken as legal advice.

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