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#2149387 - 10/11/17 02:34 PM Disclosure Name
JobSecurity Offline
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Joined: Oct 2009
Posts: 604
Would someone please tell me what the disclosure is called that we give when a borrower does not receive benefit from the use of the loan funds?

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Lending Compliance
#2149389 - 10/11/17 02:50 PM Re: Disclosure Name JobSecurity
Adam F Offline
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Adam F
Joined: Apr 2013
Posts: 420
VA
Are you referring to the Notice of Cosigner from 227.14:

(b) Disclosure requirement.

(1) A clear and conspicuous disclosure statement shall be given in writing to the cosigner prior to becoming obligated. The disclosure statement shall be substantially similar to the following statement and shall either be a separate document or included in the documents evidencing the consumer credit obligation.

Notice to Cosigner

You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility.

You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.

The bank can collect this debt from you without first trying to collect from the borrower. The bank can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.

This notice is not the contract that makes you liable for the debt.
Last edited by NSF; 10/11/17 02:51 PM.
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It is better to act cautiously beforehand than to suffer afterward.

The answers I give are my opinions. Not legal advice.

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#2149398 - 10/11/17 03:40 PM Re: Disclosure Name JobSecurity
JobSecurity Offline
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Joined: Oct 2009
Posts: 604
thank you!

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#2149403 - 10/11/17 04:02 PM Re: Disclosure Name JobSecurity
swiggles Offline
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swiggles
Joined: Aug 2001
Posts: 7,390
I thought Reg AA was repealed..................
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The more you sweat in training, the less you bleed in battle.......

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#2149830 - 10/14/17 07:22 PM Re: Disclosure Name JobSecurity
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,765
Central City, NE
It was.

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#2149858 - 10/16/17 01:25 PM Re: Disclosure Name JobSecurity
swiggles Offline
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swiggles
Joined: Aug 2001
Posts: 7,390
So....I'm pretty sure that our doc prep software no longer produces a co-signer notice.
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The more you sweat in training, the less you bleed in battle.......

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#2149867 - 10/16/17 01:38 PM Re: Disclosure Name JobSecurity
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 85,442
Galveston, TX
While Reg. AA has been repealed, the FTC has not repealed their requirements:

https://www.law.cornell.edu/cfr/text/16/444.3

Even in the Interagency Guidance that was issued at the same time they issued to proposal to repeal Regulation AA, the regulators indicated:

The Agencies note that the FTC’s Credit Practices Rule requires—and the former credit practices rules applicable
to banks, savings associations, and Federal credit unions required—creditors to provide a “Notice to Cosigner”
explaining the cosigner’s obligations and his or her liability if the borrower fails to pay. The Agencies believe that
creditors have properly disclosed a cosigner’s liability if, prior to obligation, they continue to provide a “Notice to
Cosigner.”

It didn't actually go away.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2149933 - 10/16/17 04:58 PM Re: Disclosure Name JobSecurity
swiggles Offline
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swiggles
Joined: Aug 2001
Posts: 7,390
Our software is LaserPro. I suspect it is still included then....but maybe I had better check!!!
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The more you sweat in training, the less you bleed in battle.......

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#2149934 - 10/16/17 05:00 PM Re: Disclosure Name swiggles
Adam F Offline
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Adam F
Joined: Apr 2013
Posts: 420
VA
Originally Posted By swiggles
Our software is LaserPro. I suspect it is still included then....but maybe I had better check!!!


We have LaserPro and the notice still prints for us.
_________________________
It is better to act cautiously beforehand than to suffer afterward.

The answers I give are my opinions. Not legal advice.

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