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The 'Forty-five Day' Rule

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Question: 
On an installment real estate secured loan, the first payment date can't be more than forty-five days afer the loan closing. However, if the loan is a home equity line of credit, where a draw has not been taken at consumation of the loan, and is not taken within the first forty-five days of the loan, how do we handle the forty-five days rule? Does the regulation require that the borrower sign or be given a disclosure showing that the first payment due date can't exceed forty-five days or be less than thirty days? There are different thought processes at work here and I'm looking for a consensus.
Answer: 

There are no federal regulations that require that the first payment on an installment loan be scheduled within the first forty-five days. Any such requirement would be under a state law. There are also no such federal requirements on open-end credit.

First published on BankersOnline.com 11/08/10

First published on 11/08/2010

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