TILA Flashcards
(42 cards)
TILA is also known as
Regulation Z
TILA is implemented by the
Consumer Credit Protection Action (CCPA)
Loan whereby a lender disburses all of the funds at closing and demands repayment within a specified period of time.
Closed-End Loan
Loan whereby both the borrower and the lender anticipate repeat transactions.
Open-End Loan
Key data points that constitute an application under TILA
- The consumer’s name
- Social Security Number
- Income
- The address of the property to secure the loan
- An estimate of the value of the property securing the loan
- The loan amount sought
The time that a consumer becomes contractually obligated on a credit transaction
Consummation
The safest assumption for a lender to make is that Consummation will occur at
Time of Closing
A residential structure that contains one to four units, whether or not the structure is attached to real property
Dwelling
The cost of credit, expressed as a dollar amount
Finance Charge
The cost of credit, expressed as a yearly rate
APR
What is the only fee a lender may charge prior to quoting the APR and Finance Charge?
Cost to pull credit
True or False:
Third-Party fees are included in the Finance Charge
True - if the lender requires use of the third party or the lender retains a portion of the fee
True or False:
Optional insurance is always included in the Finance Charge
False - not included if it is voluntarily chosen by the borrower and it is in writing
What fees are explicitly excluded from Finance Charge?
Any fees that are payable in a comparable cash transaction, such as taxes
True or False:
Fees charged by the closing agent are included in the finance charge if the creditor requires these services, requires a charge for these services, or retains a portion of the charge.
True
How much of a retained Closing Charge should be included in the calculation of the Finance Charge?
Only the amount retained by the lender
Examples of fees typically included in Finance Charge / APR
- Private mortgage insurance
- Discount points and mortgage broker fees
- Origination fees
- Processing fees, and
- Underwriting fees
Examples of fees typically excluded in Finance Charge / APR
- Title fees
- Escrow fees
- Notary fees
- Appraisal and credit report fees, and
- Document preparation fees
A measure of the cost of credit, expressed as a yearly rate, that relates to the amount and timing of value received by the consumer to the amount and timing of payments made”
APR for Closed-End Loans
Computed by multiplying each periodic rate by the number of periods in a year
APR for Open-End Loans
Tolerance for APR miscalculations
1/8 of a percentage point up or down
Disclosures regarding the risks of adjustable rates are found in the following document, due 3 business days after application
Consumer Handbook on Adjustable-Rate Mortgages (CHARM Booklet)
True or False:
Post-consummation ARM disclosures can be delivered by any of the lender, servicer, or asignee
TRUE
When is a rate change disclosure due to the borrower of an ARM?
At least 60, but no more than 120 days prior to the rate and payment change