Most Popular Lending Content
Disclosures of Fees on Commercial Loans
01/19/2004
Our sister bank was told by their examiners that they were in violation for not disclosing fees such as overnight fees on commercial loans. What fees are required to be disclosed in this instance? We typically list the loan fee and flood fee on the note under Additional Charges. What, when, where should we disclose on a commercial transaction (real estate and non-real estate related)?
Charging a Fee for Returned Loan Payments
01/19/2004
We would like to implement a $25 returned payment charge when a loan payment drawn on another institution is returned to us NSF. This charge would cover our costs of reversing the loan payment and sending the NSF check back to the customer. When customers have a deposit account with us, we don't reverse the loan payment if the check is NSF. Instead, we just overdraw their deposit account and the overdraft charge is handled on the deposit side. As we cannot do that with payments drawn on another institution, we would add the $25 returned payment charge to their loan balance(not to the principal). What are the Reg Z or other federal regulation considerations for this? I do not see this specific situation addressed in Reg Z, and did not see anything on the BOL website addressing this either.
Failure to Disclose Odd Days Interest
01/19/2004
If a lender fails to disclose 15 odd days of interest on the Good Faith Estimate (either 10 or none) is a new disclosure required?
Application Defined for Early Disclosures
01/19/2004
When a borrower submits a request for a mortgage pre-approval (borrower intends to purchase, but has not identified a property), are we required to disclose with TIL/GFE? Also, I can not find a definition of Loan Application as determined by Reg Z. Where can I find this?
Rolling Out Biweekly Payment Mortgages
01/05/2004
We are in the process of rolling out a biweekly payment mortgage product. We have determined that we will draft the customers account every other Friday on a set schedule. So every biweekly pays on the same day. The first payment will be one of those Fridays. Is there an issue of odd days interest and how far in advance the 1st payment can be?