On November 20, 2013 the Consumer Financial Protection Bureau published notices increasing several thresholds for 2013. Two notices increased the dollar thresholds in Regulation Z (Truth in Lending) and Regulation M (Consumer Leasing) for exempt consumer credit and lease transactions. The Dodd-Frank Act amendment the Truth in Lending Act and the Consumer Leasing Act to adjust these thresholds annually by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical […]
Category: Regulation Z
EXTENDED DATE FOR NEW MORTGAGE DISCLOSURES
On November 16, 2012 the Consumer Financial Protection Bureau (CFPB) announced that it will give creditors extra time to provide certain new disclosures required under the Dodd-Frank Wall Street Reform and Consumer Protection Act in order to allow a more seamless integration with other mortgage disclosures that have been proposed by the Bureau. The Dodd-Frank Act: Requires the CFPB to integrate certain disclosures from the Truth in Lending Act (TILA) and the Real Estate Settlement […]
PROPOSED REVISONS TO REGULATION Z – DISCOUNT POINTS
This is the fourth part of a five part series that explores issues related to discount points. The previous article considered how unearned discount points could result in fair lending violations. This part provides a glimpse of how changes to Regulation Z will change how discount points are handled in the future. On August 17, 2012, the Consumer Financial Protection Bureau (CFPB) proposed two revisions to Regulation Z to implement provisions of the Dodd-Frank Act […]
WHAT’S UP WITH DISCOUNT POINTS
Discount points have been in the news recently. A recent article from the Federal Reserve citied possible UDAAP and Fair Lending violations resulting from unearned discount points. Revisions to Regulation Z, emanating from the Dodd-Frank Act, change the whole game with points. So why the current emphasis on the age-old practice of charging points? Discount Points Primer – Many lenders offer borrowers the option of obtaining a lower interest rate on a mortgage loan by paying […]
HOW LONG DOES THE CONSUMER HAVE TO RESCIND?
Generally, a consumer has three business days after consummation to rescind a transaction, but if the creditor fails to provide a proper notice of the right to cancel or proper material disclosures, the period is extended to three years. Recent decisions issued by the Fourth and Tenth Circuits reached different conclusions on whether a lawsuit is necessary to the timely exercise of the right of rescission. Gilbert v. Residential Funding LLC, 678 F.3d 271 (4th […]