Coverage Considerations under Regulation Z
(Exempt credit includes loans with a business or agricultural purpose, and certain student loans. Credit extended to acquire or improve rental property that is not owner-occupied is considered business purpose credit.)
Certain types of loans are not subject to Regulation Z, including federal student loans, loans for business, commercial, agricultural, or organizational use, loans above a certain amount, loans for public utility services, and securities or commodities offered by the Securities and Exchange Commission.
Regulation Z protects consumers from misleading practices by the credit industry. The Truth in Lending Act applies to home mortgages, home equity lines of credit, reverse mortgages, credit cards, installment loans, and student loans. It was established as part of the Consumer Credit Protection Act of 1968.
Annual threshold adjustments
Based on the CPI-W in effect as of June 1, 2022, the exemption threshold will increase from $61,000 to $66,400, effective Jan.
Regulation Z consists of three disclosures provided to the borrowers of private education loans at specific intervals of the loan application and approval process. These disclosures are required for every private education loan a school or lender provides, and must contain special HEOA requirements and content.
With certain exceptions, Regulation Z requires creditors to make a reasonable, good faith determination of a consumer's ability to repay any residential mortgage loan, and loans that meet Regulation Z's requirements for “qualified mortgages” (QMs) obtain certain protections from liability.
Types of Real Estate Loans Exempt From RESPA Requirements
Normally, loans secured by real estate for a business or agricultural purpose are not covered by RESPA. However, if the loan is made to an individual to purchase or improve a rental property of one to four residential units, then it is regulated by RESPA.
Section 226.5b of Regulation Z, 12 C.F.R. ~226.5b, sets forth disclosure requirements for home equity plans. The official staff commentary to Regulation Z (12 C.F.R. Part 226, Supp.
It is the purpose of the loan, not the collateral, which determines if Reg Z applies.
Regulation Z also applies to installment loans, such as personal loans and auto loans. With these types of loans, lenders must provide monthly billing statements, fair and timely responses to billing disputes and clear details about the loan terms.
Certain types of consumer credit transactions secured by a borrower's principal dwelling are eligible for a three-day right of rescission under Regulation Z. These typically include home equity loans, home equity lines of credit, and refinances with a new lender.
Common Violations
A common Regulation Z violation is understating finance charges for closed-end residential mortgage loans by more than the $100 tolerance permitted under Section 18(d).
All bridge loans are exempt from various Regulation Z provisions, including the prohibition on balloon payments, ability to repay rule, and appraisal requirement. However, depending on the type of property encumbered by the bridge loan, the 3-Day Cancel Rule may or may not apply.
Regulation Z is a federal regulation that applies to consumer credit transactions, including car loans. It is administered by the Consumer Financial Protection Bureau (CFPB) and is designed to protect consumers from unfair or deceptive credit practices.
TILA promotes the informed use of consumer credit by requiring timely disclosure about its costs. It also includes substantive provisions such as the consumer's right of rescission on certain mortgage loans and timely resolution of billing disputes.
Creditors with assets of less than $2.336 billion (including assets of certain affiliates) on December 31, 2021, are exempt from the requirement to establish escrow accounts for higher-priced mortgage loans in 2022 if other provisions of Regulation Z are also met.
Regulation Z generally prohibits a card issuer from opening a credit card account for a consumer, or increasing the credit limit applicable to a credit card account, unless the card issuer considers the consumer's ability to make the required payments under the terms of such account.
Contracts for deed secured by a dwelling, generally will be “residential mortgage loans” under TILA and Regulation Z. Several provisions of TILA and Regulation Z apply specifically to credit transactions secured by the consumer's dwelling or by real property.
In general, RESPA's servicing rules do not apply to HELOCs whenever the Act or rule uses the term “mortgage loan.” The duty to provide a transfer of servicing statement, the 60-day ban on late fees, and the 60-day safe harbor for payments sent to the old servicer do not apply to HELOCs.
However, some specific categories of loans are excluded from the rule. Specifically, the TILA- RESPA rule does not apply to HELOCs, reverse mortgages or mortgages secured by a mobile home or by a dwelling that is not attached to real property (i.e., land).
RESPA covers all federally regulated mortgage loans including purchase loans, refinances, home improvement loans, land contracts and home equity lines of credit (HELOCs).
RESPA only applies to certain home loans. Reg Z applies to all consumer credit. RESPA is about disclosing fees. Reg Z is about stating key terms (not just fees) and the APR (cost of credit).
This disclosure requirement applies to most consumer loans, including home purchase loans and mortgages, as well as other types of credit, such as credit cards, car loans, and personal loans. The correct answer is option a.
Financial institutions encounter loan exceptions when documentation is expected to be in the loan file but is missing.