If a loans meets the following tests, it is covered under the law: 1) For a first -
lien loan otherwise referred to as the original mortgage
on the
property - the Annual Percentage Rate (APR) exceeds by more than 8 percentage points compared against the rates
on Treasury securities of comparable maturity; 2) For a second -
lien loan otherwise referred to as a
2nd mortgage - the APR (Annual Percentage Rate) exceeds by more than 10 percentage points compared to the rates in Treasury securities of comparable maturity; or the total points and fees payable by the borrower at or before closing exceed the larger of $ 561 or 8 % of the total loan amount.
The
2nd lien holder will be able to foreclose
on the
property if they make loan payments to the 1st
lien holder
on behalf of the borrower in order to keep the 1st loan current.