Mortgage Lending
Reference materials related to mortgage lending, including credit, products, and services related to mortgages. Specific areas of focus include the Truth in Lending Act (TILA), the Ability-to-Repay/Qualified Mortgage (ATR/QM) Rule, the Real Estate Settlement Procedures Act (RESPA), the TILA-RESPA Integrated Disclosure (TRID) Rule, Flood Insurance, Mortgage Servicing Rules, the Home Ownership and Equity Protection Act (HOEPA) Rule, the Homeowners Protection Act, and the Secure and Fair Enforcement for Mortgage Licensing (SAFE) Act.
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- Consumer Compliance
- Consumer Deposits And Related Activities
- Consumer Lending Compliance
- Mortgage Lending
- Privacy And Credit Reporting
- Unfair, Deceptive, Or Abusive Acts Or Practices
Laws and Regulations
Key laws and regulations that pertain to FDIC-supervised institutions; note that other laws and regulations also may apply.
- Truth in Lending Act
- Part 1026 — Truth in Lending (Regulation Z) (ecfr.gov) provides access to the Consumer Financial Protection Bureau’s (CFPB) Regulation Z — Truth in Lending
- Section 303.248 — Truth in Lending Act (ecfr.gov) provides regulatory information regarding requests for relief from reimbursement pursuant to the TILA
- Ability to Repay/Qualified Mortgage Rule provides access to the details on the sections of Regulation Z — Truth in Lending that apply to the ATR/QM Rule. Main ATR/QM Rule provisions and official interpretations can be found in:
- § 1026.43(a), Scope
- § 1026.43(b), Definitions
- § 1026.43(c), Ability to repay
- § 1026.43(d), Refinancing of non-standard mortgages
- § 1026.43(e), Qualified mortgage
- § 1026.43(f), Balloon-payment qualified mortgages made by certain creditors
- § 1026.43(g), Prepayment penalties
- 12 CFR Part 1024 — Real Estate Settlement Procedures Act (Regulation X) (ecfr.gov) provides access to the CFPB’s Regulation X — Real Estate Settlement Procedures
- TILA-RESPA Integrated Disclosures provides access to the details on the sections of Regulation Z — Truth in Lending that apply to the TRID Rule. Main TRID Rule provisions and official interpretations can be found in:
- § 1026.19(e), (f), and (g), Procedural and timing requirements
- § 1026.37, Content of the loan estimate
- § 1026.38, Content of the closing disclosure
- Supplement I to Part 1026 (including official interpretations for the above provisions)
- Part 339 — Loans in Areas Having Special Flood Hazards (ecfr.gov) outlines requirements regarding flood insurance including related definitions, exemptions, escrow requirements, forced placement of flood insurance, and required notifications
- Mortgage Servicing Rules provides access to the details on the sections of Regulation X — Real Estate Settlement Procedures and Regulation Z — Truth in Lending that apply to mortgage servicing. Main mortgage servicing provisions and official interpretations can be found in:
- § 1024.17, Escrow accounts and § 1024.37, Forced placed insurance
- § 1024.35, Error resolution procedures and § 1024.36, Requests for information
- § 1024.38, General servicing policies, procedures and requirements
- § 1024.39, Early intervention and § 1024.41, Loss mitigation procedures
- § 1026.20, Disclosure requirements regarding post-consummation events
- § 1026.36, Payment processing and § 1026.41, Periodic statements
- § 1026.40, Continuity of Contact
- Supplement I to Part 1024 and 1026 (including official interpretations for the above provisions)
- High-Cost Mortgage and Homeownership Counseling Amendments to the Truth in Lending Act (Regulation Z) and Homeownership Counseling Amendments to the Real Estate Settlement Procedures Act (Regulation X) (consumerfinance.gov) provides the final rule issued by the CFPB
- 12 USC §4901-4910 (uscode.house.gov) outlines requirements for disclosures and the termination of private mortgage insurance in connection with residential mortgages.
- Part 1007 — S.A.F.E. Mortgage Licensing Act (Regulation H) (ecfr.gov) provides access to regulatory information regarding the secure and fair enforcement for the Mortgage Licensing Act
Supervisory Resources
Frequently asked questions, advisories, statements of policy, and other information issued by the FDIC alone, or on an interagency basis, provided to address consumer protection issues.