Most Popular Lending Content
Reg Z & Interior Billboard Promotion Requirements
07/15/2002
I am reviewing an interior billboard promotion for a home equity credit line and I've looked everywhere in Reg. Z (is that possible?)for the answer to this: The ONLY print copy in the ad reads, "x% less than Prime (for the life of the loan) Ask about our Home Equity Credit Line." Is this ambiguous enough to avoid all the implicit terms disclosures required under 226.16(b), namely, from 226.6?
Notification Requirements When Pulling Credit Reports
07/15/2002
Our Consumer Lending unit received the following response to a recent audit. "According to the regulation, a bank may pull a credit report on a person if they have a permissible purpose. An application for credit is considered a permissible purpose. When the Contact Centers take applications over the telephone (he doesnt mention anything about the Internet) they are only speaking with one of the applicants, but if the application is joint, credit bureaus aer obtained for both applicants. Without talking to the joint applicant, the bank can not be sure that the second individuaal is aware of, or wants to apply for a loan. If a co-applicant does not want to be an applicant on the loan, the Bank would not have a permissible purpose for obtaining the credit bureau. It is recommended that the Consumer Lending Dept require that all parties on a loan application be made aware that a credit bureau will be obtained." I realize that this is only a recommendation, but this team believes because a compliance auditor wrote this, they need to act on this recommendation. Is there some litigation that suggests we need to do this? I simply can not find anything, anywhere that states we are required to verbally inform a co-app that we are going to pull a cbr. What am I missing here? Is this a business decision and if so, based on what? If its written somewhere, I would like to see it. What are other institutions doing?
State Law Or Federal Law For Loan Fees
07/15/2002
We are a federally charted bank with offices operating in different states. Do we follow state or federal law for allowable loan fees on consumer, residential mortgage and commercial loans?
Is it a RESPA violation for a mortgage lender to pay a percentage of the loan commission to the Realtor?
07/15/2002
Is it a RESPA violation for a mortgage lender to pay a % of the loan commission to the realtor if the realtor actually takes the loan application and is disclosed on the settlement statement?
HOEPA Worksheet: It's just a click away.
07/15/2002
I am looking for a worksheet that can be used to determine whether a loan is a Section 32 mortgage. Do you know of any such worksheet?