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Reg Z - Overdisclosure?

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Currently we are redisclosing when the APR is out of tolerance, either the .125 for fixed rate loans or .25 for adjustable rate loans (either up or down). Please explain to me when we have overdisclosed and are not required to send a new TIL?

The FRB recently released a series of Q&As concerning the MDIA rules. Q&A #6 specifically addresses your question:

6. Are corrected disclosures required when the APR is overstated on the early disclosures? What if this overstatement is the result of fees being waived at or near consummation?

The rule specifies that if the APR is inaccurate as determined under Section 226.22(a), a corrected disclosure is required and the three-business-day waiting period prior to consummation would apply. Sections 226.22(a)(2) and (a)(3) state that APRs are considered accurate if they are not more than one-eighth (for regular transactions) or one-quarter (for irregular transactions) of 1 percent, respectively, above or below the actual APR, as determined in accordance with Section 226.22(a)(1). Thus, some overstated APRs may require corrected disclosures just as understated APRs do.

However, paragraphs (a)(4) and (a)(5) contain additional tolerances for APR accuracy on mortgage loans. Specifically, for a mortgage loan, the disclosed APR is considered accurate under Section 226.22(a)(4) if the rate is overstated but results from the disclosed finance charge which is also overstated. Further, under Section 226.22(a)(5), a disclosed APR that is closer to the actual APR than the APR that would be considered accurate under Section 226.22(a)(4) is also considered accurate. Creditors should closely examine these two paragraphs when determining whether an APR that is overstated is inaccurate and thus requires corrected disclosures and a three-business-day waiting period.

Note that Section 226.17(f) may also require a corrected disclosure (but no three-business-day waiting period) before consummation. This requirement is triggered if any aspect of the earlier disclosure, as opposed to only the APR, has become inaccurate.

Note the second paragraph points us to an exception for real estate loans. Most of the time, when an APR is overstated, it is because of the finance charge also being overstated. If this is the case, re-disclosure is not required.

First published on 1/04/10

First published on 01/04/2010

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