Similarly, settlement agent commenters recommended that the Bureau impose
requirements on creditors to provide timely and accurate information to ensure settlement agents have sufficient time to prepare settlement costs on the Closing Disclosure.
Not exact matches
Creditors have set payment
requirements based
on your balance, as well as minimum dollar amounts they deem acceptable.
At a Chapter 13 confirmation hearing, required as the basis for the order approving the plan and ordering the
creditors to accept it (the hearing is called a section 341 hearing, or simply, â $ the three forty - oneâ $), the court either approves or disapproves the debtorâ $ ™ s repayment plan, depending
on whether it meets the Bankruptcy Codeâ $ ™ s
requirements for confirmation.
We take the proposed total payout, based
on expected realizations and
creditor requirements, and divide it by the number of months in the length of your proposal.
The CFPB rule defines a «qualified mortgage» that is presumed to meet the ability to repay
requirements as one «for which the «
creditor» underwrites the loan, taking into account the monthly payment for mortgage - related obligations, using: The maximum interest rate that may apply during the first five years after the date
on which the first regular periodic payment will be due.»
Notice Connect, a website for estate trustees in Canada to post legal notices to
creditors upon someone's death, has been recognized by the Ontario Superior Court
on July 7, in a court order, as satisfying
requirements of the Trustee Act for the estate trustee's duty to advertise for
creditors.
As noted above, in the proposal, the Bureau stated its belief that settlement agent costs in connection with providing the Closing Disclosure would be similar to costs imposed
on creditors by the Closing Disclosure
requirement.
Since the descriptions can vary from jurisdiction to jurisdiction and
creditor to
creditor, while still meeting the
requirement that each item be described, there does not appear to be any method to order the items without defining every service provided in residential real estate transactions and requiring a specific description of such service
on the disclosures.
In addition, though the finance charge is not disclosed
on the Loan Estimate,
creditors must, in order to comply with the record retention
requirements in § 1026.25, document the finance charge used to calculate the APR disclosed
on the Loan Estimate.
The Bureau is concerned that
creditors and settlement service providers that currently do not operate
on Saturdays, especially smaller entities such as community banks, credit unions, and settlement agents, could disproportionately bear the operating and compliance costs caused by the final rule treating Saturday as a business day for the original Loan Estimate delivery
requirement.
Alternatively, the final rule may encourage
creditors to allow borrowers to choose settlement service providers that are not
on a list provided to the borrower so that the zero percent tolerance
requirement would not apply.
The Bureau has concluded that applying the specific definition of business day to the timing
requirement to provide the original Loan Estimate within three business days of receipt of an application under § 1026.19 (e)(1)(iii) would impose significant compliance costs
on creditors that are not currently open for business
on Saturdays, especially small
creditors.
Additionally,
creditors may not recommend or encourage default
on prior loans, impose large late fees, accelerate debt, finance prepayment fees or penalties, points, or fees or structure a loan to avoid such
requirements.
Based
on these comments, in particular the comment by the State trade association suggesting that owner's title insurance be disclosed when required by the
creditor, the Bureau considered removing any
requirement to disclose a non-required owner's title insurance premium
on the Loan Estimate for purchase transactions rather than merely revising the proposed notation associated with the owner's title insurance premium.
For guidance
on disclosure and calculation of the total interest percentage
on the Closing Disclosure, proposed comment 38 (o)(5)-1 would have referred
creditors to the
requirement to disclose the total interest percentage
on the Loan Estimate, found in § 1026.37 (l)(3) and its commentary.
Lastly, the final rule does not impose explicit
requirements on mortgage brokers with respect to providing application information to the
creditor and to establishing additional conditions that mortgage brokers must satisfy before they issue a Loan Estimate.
To prevent unnecessary closing delays, the final rule clarifies that, consistent with other Regulation Z disclosure
requirements under § 1026.17, where the
creditor does not have the actual terms, the
creditor may provide an estimate based
on the best information reasonably available to the
creditor on the originally provided Closing Disclosure.
The amount disclosed for an owner's title insurance premium pursuant to § 1026.37 (g)(4) is based
on a basic owner's policy rate, and not
on an «enhanced» title insurance policy premium, except that the
creditor may instead disclose the premium for an «enhanced» policy when the «enhanced» title insurance policy is required by the real estate sales contract, if such
requirement is known to the
creditor when issuing the Loan Estimate.