Skip to content
BOL Conferences
Thread Options
#2261807 - 10/28/21 08:58 PM Open-End Variable Rate - Publish Index?
Mel in WA Offline
Diamond Poster
Joined: Mar 2013
Posts: 1,266
For an open-end, dwelling secured loan, are we required (per Reg Z) to state in the Note where the variable rate index is published? For example, we use the WSJ Prime and have always listed where it's published, but our new document vendor does not include this information.

Return to Top
Lending Compliance
#2261809 - 10/28/21 09:08 PM Re: Open-End Variable Rate - Publish Index? Mel in WA
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
Open-end - dwelling secured - you mean a HELOC?

Paragraph 40(f)(1)
1. External index. A creditor may change the annual percentage rate for a plan only if the change is based on an index outside the creditor's control. Thus, a creditor may not make rate changes based on its own prime rate or cost of funds and may not reserve a contractual right to change rates at its discretion. A creditor is permitted, however, to use a published prime rate, such as that in the Wall Street Journal, even if the bank's own prime rate is one of several rates used to establish the published rate.

2. Publicly available. The index must be available to the public. A publicly available index need not be published in a newspaper, but it must be one the consumer can independently obtain (by telephone, for example) and use to verify rates imposed under the plan.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2261811 - 10/28/21 09:23 PM Re: Open-End Variable Rate - Publish Index? Mel in WA
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
However, in the account agreement/disclosure at account opening, you have this:

Official Interpretation
Paragraph 6(a)(1)(ii)

15. Variable-rate plan—index. The index to be used must be clearly identified; the creditor need not give, however, an explanation of how the index is determined or provide instructions for obtaining it.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2261869 - 10/29/21 10:53 PM Re: Open-End Variable Rate - Publish Index? Mel in WA
Mel in WA Offline
Diamond Poster
Joined: Mar 2013
Posts: 1,266
Perfect. Yes, I'm referring to a HELOC. smile

Thanks again rlcarey!

Return to Top
#2261870 - 10/29/21 11:11 PM Re: Open-End Variable Rate - Publish Index? Mel in WA
Mel in WA Offline
Diamond Poster
Joined: Mar 2013
Posts: 1,266
Based on the Official Interpretation cited above, providing instructions for obtaining the index are only required in the disclosure at account opening? We currently have WSJ Prime and where it's published listed in both the disclosure AND account agreement (note).

Return to Top
#2261872 - 10/30/21 09:23 PM Re: Open-End Variable Rate - Publish Index? Mel in WA
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
Actually, it is required in the early HELOC disclosure under 1026.40 - See Models G-14A, G-14B and 15. 1026.6(a) does not specifically require it in the account opening disclosures - strange as that seems. However, it is commonly included.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top

Moderator:  Andy_Z