Skip to content
BOL Conferences
Thread Options
#1511211 - 02/17/11 01:53 PM MDIA vs. Section 226.25
Richard Insley Offline
10K Club
Richard Insley
Joined: Oct 2000
Posts: 10,179
Toano, VA
Although MDIA amendments now require a tabular format for the disclosed mortgage payment schedule and that table can not contain the numbers of payments, mortgage lenders are not excused from calculating and retaining full payment schedules as they have always done. You no longer need the full payment schedule to satisfy Section 226.18(g), but you do need the full payment schedule in order to calculate or verify the Total of Payments, Finance Charge, and APR. There's no way around it.

Not only do you need the full payment schedule, but so will your regulators, investors, litigants, and anyone else who must confirm the accuracy of these three items. If you are unable to produce full payment schedules in one form or another, you will very likely be cited for violations of Section 226.25, Record Retention. Given the regulators' no/low tolerance for APR and FC understatements, retroactive enforcement orders relating to Section 226.25 violations would not surprise me.
_________________________
...gone fishing.

Return to Top
Lending Compliance
#1511245 - 02/17/11 02:30 PM Re: MDIA vs. Section 226.25 Richard Insley
raitchjay Offline
Power Poster
Joined: Oct 2009
Posts: 9,086
OK
Dumb question alert: does the amortization schedule work?
_________________________
I'm fixin' to fix that.

Return to Top
#1511251 - 02/17/11 02:37 PM Re: MDIA vs. Section 226.25 raitchjay
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,654
The Swamp
yes

ETA: We keep the "loan quote" off of our platform system which gives us the info we need in order to recalculate APR's. This is made a part of our file now.

Also, in the required disclosure section of Reg Z, the payment schedule is required. It surprises me that FRB has more or less left out a component of their own requirements!

I assume having the number of payments and payment on the note suffices for this, at least on regularly amortizing loans?
Last edited by RR joker; 02/17/11 02:39 PM.
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top
#1511471 - 02/17/11 05:55 PM Re: MDIA vs. Section 226.25 RR Joker
Richard Insley Offline
10K Club
Richard Insley
Joined: Oct 2000
Posts: 10,179
Toano, VA
Notes, am schedules, and other existing records will suffice PROVIDED they allow you to account for the entire payment schedule. That includes mortgage insurance renewal premiums (including steps down and automatic termination), graduated and bought-down payments, steps up or down due to teaser or premium VR features, and any other feature that causes changes to any of the payments.

A good rule of thumb is that you still need all the payment schedule detail you used to put on the TIL form, only now you don't have to put it in the TIL for MDIA-covered loans.
_________________________
...gone fishing.

Return to Top

Moderator:  Andy_Z