(1)The following acts and
practices are prohibited in the making of a covered loan:
(a)No lending without cautionary notice.
(I)A lender may not make a
covered loan unless the lender or a mortgage broker has given the following notice,
or a substantially similar notice, in writing to the obligor within a reasonable period
of time after determining that the loan would result in a covered loan, but no later
than the time by which the notice is required under the notice provision contained in
12 CFR 226.31 (c), as amended:
CONSUMER CAUTION
If you obtain this loan, the lender will have a mortgage in Colorado; this is a
deed of trust on your home. You could lose your home, and any money you have put
into it, if you do not meet your obligations under the loan. Mortgage loan rates a Free access — add to your briefcase to read the full text and ask questions with AI
(1) The following acts and
practices are prohibited in the making of a covered loan:
(a) No lending without cautionary notice. (I) A lender may not make a
covered loan unless the lender or a mortgage broker has given the following notice,
or a substantially similar notice, in writing to the obligor within a reasonable period
of time after determining that the loan would result in a covered loan, but no later
than the time by which the notice is required under the notice provision contained in
12 CFR 226.31 (c), as amended:
CONSUMER CAUTION
If you obtain this loan, the lender will have a mortgage in Colorado; this is a
deed of trust on your home. You could lose your home, and any money you have put
into it, if you do not meet your obligations under the loan. Mortgage loan rates and
closing costs and fees vary based on many factors, including your particular credit
and financial circumstances, your earnings history, the loan-to-value requested,
and the type of property that will secure your loan. The loan rate and fees could
vary based on which lender or broker you select.
You are not required to complete any loan agreement merely because you
have received these disclosures or have signed a loan application. If you proceed
with this mortgage loan, you should also remember that you may face serious
financial risks if you use this loan to pay off credit card debts and other debts in
connection with this transaction and then later incur significant new credit card
charges or other debts. If you continue to accumulate debt after this loan is closed
and then experience financial difficulties, you could lose your home and any equity
you have in it if you do not meet your mortgage loan obligations.
Property taxes and homeowner's insurance are your responsibility. Not all
lenders provide escrow services for these payments. You should ask your lender
about these services.
Your payments on existing debts contribute to your credit ratings. You should
not accept any advice to ignore your regular payments to your existing creditors.
(II) It shall be a rebuttable presumption that a lender or broker has met its
obligation to provide this disclosure if the consumer provides the lender or broker
with a signed acknowledgment of receipt of a copy of the notice set forth in
subparagraph (I) of this paragraph (a).
(b) No lending without due regard to repayment ability. (I) A lender may not
make a covered loan to a consumer based on the consumer's collateral without
regard to the consumer's repayment ability, including the consumer's current and
expected income, current obligations, and employment.
(II) There is a presumption that a creditor has violated this paragraph (b) if
the creditor engages in a pattern or practice of making loans subject to 12 CFR
226.32 without verifying and documenting consumers' repayment abilities.
(III) (A) In the case of a stated income loan, the reasonable basis for believing
that there are sufficient funds to support the covered loan may not be based solely
on the income stated by the obligor, but may include other information in the
possession of the lender after the solicitation of all information that the lender
customarily solicits in connection with stated income loans. A lender shall not
knowingly or willfully originate a covered loan as a stated income loan with the
intent of evading this subparagraph (III).
(B) A person who willfully and knowingly gives false or inaccurate
information or fails to provide information that the person is required to disclose
pursuant to applicable law may have violated and may be subject to penalties
established in 15 U.S.C. sec. 1611.
(c) Refinancing within a one-year period. Within one year after having
extended credit subject to this article, no lender shall refinance any covered loan to
the same obligor into another covered loan unless the refinancing is in the obligor's
interest. An assignee holding or servicing an extension of mortgage credit subject
to this article shall not, for the remainder of the one-year period following the date
of origination of the credit, refinance any covered loan to the same obligor into
another covered loan unless the refinancing is in the obligor's interest. A creditor or
assignee shall not engage in acts or practices to evade this paragraph (c), including
a pattern or practice of arranging for the refinancing of its own loans by affiliated
or unaffiliated creditors, or modifying a loan agreement, regardless of whether the
existing loan is satisfied and replaced by the new loan, and charging a fee.
(d) No refinancing certain low-rate loans. A lender shall not replace or
consolidate a zero interest rate, or other low-rate, loan made by a governmental or
nonprofit lender with a covered loan within the first ten years after the low-rate
loan was made unless the current holder of the loan consents in writing to the
refinancing. For purposes of this paragraph (d), a low-rate loan is a loan that
carries a current interest rate two percentage points or more below the current
yield on United States department of the treasury securities with a comparable
maturity. If the loan's current interest rate is either a discounted introductory rate
or a rate that automatically steps up over time, then the fully-indexed rate or the
fully stepped-up rate, as appropriate, should be used in lieu of the current rate to
determine whether a loan is a low-rate loan.
(e) Restrictions on covered loan proceeds to pay home improvement
contracts. A lender shall not pay a contractor under a home-improvement contract
from the proceeds of a covered loan other than by an instrument payable to the
obligor or jointly to the obligor and the contractor or, at the election of the obligor,
through a third-party escrow agent in accordance with terms established in a
written agreement signed by the obligor, the lender, and the contractor prior to the
disbursement of funds to the contractor.
(f) No financing of credit insurance. No covered loan may include, directly or
indirectly, financing of any premiums for any credit life, credit disability, credit
property, or credit unemployment insurance, any other life or health insurance
products, or any payments for any debt cancellation or suspension agreement or
contracts; except that calculated insurance premiums or debt cancellation or
suspension fees paid on a monthly basis shall not be considered to have been
financed by the lender for purposes of this paragraph (f).
(g) No recommending default. No lender shall recommend or encourage
default on an existing loan or other debt prior to and in connection with the closing
or planned closing of a covered loan that refinances all or any portion of such
existing loan or debt.
(h) No fee for payoff quote. No creditor may charge a fee for informing or
transmitting to any person the balance due to pay off a covered loan or to provide a
release upon prepayment. A creditor shall provide a payoff balance within a
reasonable time after a request, but in any event not more than five business days
after a written request.