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Home Source documents PART 1026—TRUTH IN LENDING (REGULATION Z)

PART 1026—TRUTH IN LENDING (REGULATION Z)

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This is the first part of the text (pages 1 to 194 of 971). The full document is in our copy of the file, CFR-2025-title12-vol9-part1026.pdf, listed under File and source; the original is at govinfo.gov.

                                                                         PART 1026—TRUTH IN LENDING                                1026.36 Prohibited acts or practices and cer-
                                                                                                                                       tain requirements for credit secured by a
                                                                               (REGULATION Z)                                          dwelling.
                                                                                                                                   1026.37 Content of disclosures for certain
                                                                                     Subpart A—General                                 mortgage transactions (Loan Estimate).
                                                                                                                                   1026.38 Content of disclosures for certain
                                                                     Sec.                                                              mortgage transactions (Closing Disclo-
                                                                     1026.1 Authority, purpose, coverage, organi-                      sure).
                                                                         zation, enforcement, and liability.                       1026.39 Mortgage transfer disclosures.
                                                                     1026.2 Definitions and rules of construction.                 1026.40 Requirements for home equity plans.
                                                                     1026.3 Exempt transactions.                                   1026.41 Periodic statements for residential
                                                                     1026.4 Finance charge.                                            mortgage loans.
                                                                                                                                   1026.42 Valuation independence.
                                                                                Subpart B—Open-End Credit                          1026.43 Minimum standards for transactions
                                                                                                                                       secured by a dwelling.
                                                                     1026.5 General disclosure requirements.                       1026.44–1026.45 [Reserved]
                                                                     1026.6 Account-opening disclosures.
                                                                     1026.7 Periodic statement.                                         Subpart F—Special Rules for Private
                                                                     1026.8 Identifying transactions on periodic                                 Education Loans
                                                                         statements.
                                                                     1026.9 Subsequent disclosure requirements.                    1026.46 Special disclosure requirements for
                                                                     1026.10 Payments.                                                 private education loans.
                                                                     1026.11 Treatment of credit balances; ac-                     1026.47 Content of disclosures.
                                                                         count termination.                                        1026.48 Limitations on private education
                                                                     1026.12 Special credit card provisions.                           loans.
                                                                     1026.13 Billing error resolution.
                                                                     1026.14 Determination of annual percentage                    Subpart G—Special Rules Applicable to
                                                                         rate.                                                        Credit Card Accounts and Open-End
                                                                     1026.15 Right of rescission.                                     Credit Offered to College Students
                                                                     1026.16 Advertising.
                                                                                                                                   1026.51 Ability to Pay.
                                                                                Subpart C—Closed-End Credit                        1026.52 Limitations on fees.
                                                                                                                                   1026.53 Allocation of payments.
                                                                     1026.17 General disclosure requirements.                      1026.54 Limitations on the imposition of fi-
                                                                     1026.18 Content of disclosures.                                   nance charges.
                                                                     1026.19 Certain mortgage and variable-rate                    1026.55 Limitations on increasing annual
                                                                         transactions.                                                 percentage rates, fees, and charges.
                                                                     1026.20 Disclosure requirements regarding                     1026.56 Requirements      for   over-the-limit
                                                                         post-consummation events.                                     transactions.
                                                                     1026.21 Treatment of credit balances.                         1026.57 Reporting and marketing rules for
                                                                     1026.22 Determination of annual percentage                        college student open-end credit.
                                                                         rate.                                                     1026.58 Internet posting of credit card agree-
                                                                     1026.23 Right of rescission.                                      ments.
                                                                     1026.24 Advertising.                                          1026.59 Reevaluation of rate increases.
                                                                                                                                   1026.60 Credit and charge card applications
                                                                                 Subpart D—Miscellaneous                               and solicitations.
                                                                                                                                   1026.61 Hybrid prepaid-credit cards.
                                                                     1026.25 Record retention.                                     1026.62 Overdraft credit.
                                                                     1026.26 Use of annual percentage rate in oral                 APPENDIX A TO PART 1026—EFFECT ON STATE
                                                                         disclosures.                                                  LAWS
                                                                     1026.27 Language of disclosures.                              APPENDIX B TO PART 1026—STATE EXEMP-
                                                                     1026.28 Effect on state laws.                                      TIONS
                                                                     1026.29 State exemptions.                                     APPENDIX C TO PART 1026—ISSUANCE OF OFFI-
                                                                     1026.30 Limitation on rates.                                     CIAL INTERPRETATIONS
                                                                                                                                   APPENDIX D TO PART 1026—MULTIPLE AD-
                                                                      Subpart E—Special Rules for Certain Home                        VANCE CONSTRUCTION LOANS
                                                                               Mortgage Transactions                               APPENDIX E TO PART 1026—RULES FOR CARD
                                                                                                                                      ISSUERS THAT BILL ON A TRANSACTION-BY-
                                                                     1026.31 General rules.                                           TRANSACTION BASIS
                                                                     1026.32 Requirements for high-cost mort-                      APPENDIX F TO PART 1026—OPTIONAL ANNUAL
                                                                         gages.                                                       PERCENTAGE RATE COMPUTATIONS FOR
                                                                     1026.33 Requirements for reverse mortgages.                      CREDITORS OFFERING OPEN-END CREDIT
                                                                     1026.34 Prohibited acts or practices in con-                     PLANS SECURED BY A CONSUMER’S DWELL-




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                                                                         nection with high-cost mortgages.                              ING
                                                                     1026.35 Requirements     for   higher-priced                  APPENDIX G TO PART 1026—OPEN-END MODEL
                                                                         mortgage loans.                                              FORMS AND CLAUSES

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                                                                     § 1026.1                                                                    12 CFR Ch. X (1–1–25 Edition)
                                                                     APPENDIX H TO PART 1026—CLOSED-END                            forcement Act, as amended (12 U.S.C.
                                                                        MODEL FORMS AND CLAUSES                                    3331 et seq.). The Bureau’s information-
                                                                     APPENDIX I TO PART 1026 [RESERVED]                            collection requirements contained in
                                                                     APPENDIX J TO PART 1026—ANNUAL PERCENT-
                                                                        AGE RATE COMPUTATIONS FOR CLOSED-END
                                                                                                                                   this part have been approved by the Of-
                                                                        CREDIT TRANSACTIONS                                        fice of Management and Budget (OMB)
                                                                     APPENDIX K TO PART 1026—TOTAL ANNUAL                          under the provisions of 44 U.S.C. 3501 et
                                                                        LOAN COST RATE COMPUTATIONS FOR RE-                        seq. and have been assigned OMB No.
                                                                        VERSE MORTGAGE TRANSACTIONS                                3170–0015 (Truth in Lending).
                                                                     APPENDIX L TO PART 1026—ASSUMED LOAN                             (b) Purpose. The purpose of this part
                                                                        PERIODS FOR COMPUTATIONS OF TOTAL AN-                      is to promote the informed use of con-
                                                                        NUAL LOAN COST RATES
                                                                                                                                   sumer credit by requiring disclosures
                                                                     APPENDIX M1 TO PART 1026—REPAYMENT DIS-
                                                                          CLOSURES
                                                                                                                                   about its terms and cost, to ensure
                                                                     APPENDIX M2 TO PART 1026—SAMPLE CAL-                          that consumers are provided with
                                                                        CULATIONS OF REPAYMENT DISCLOSURES                         greater and more timely information
                                                                     APPENDIX N TO PART 1026—HIGHER-PRICED                         on the nature and costs of the residen-
                                                                        MORTGAGE LOAN APPRAISAL SAFE HARBOR                        tial real estate settlement process, and
                                                                        REVIEW                                                     to effect certain changes in the settle-
                                                                     APPENDIX O TO PART 1026—ILLUSTRATIVE                          ment process for residential real estate
                                                                        WRITTEN SOURCE DOCUMENTS FOR HIGHER-
                                                                                                                                   that will result in more effective ad-
                                                                        PRICED MORTGAGE LOAN APPRAISAL
                                                                        RULES                                                      vance disclosure to home buyers and
                                                                     APPENDIX P TO PART 1026 [RESERVED]                            sellers of settlement costs. The regula-
                                                                     SUPPLEMENT I TO PART 1026—OFFICIAL INTER-                     tion also includes substantive protec-
                                                                          PRETATIONS                                               tions. It gives consumers the right to
                                                                       AUTHORITY: 12 U.S.C. 2601, 2603–2605, 2607,                 cancel certain credit transactions that
                                                                     2609, 2617, 3353, 5511, 5512, 5532, 5581; 15 U.S.C.           involve a lien on a consumer’s prin-
                                                                     1601 et seq.’’                                                cipal dwelling, regulates certain credit
                                                                                                                                   card practices, and provides a means
                                                                       EFFECTIVE DATE NOTE: At 89 FR 64577, Aug.
                                                                     7, 2024, the authority citation for part 1026                 for fair and timely resolution of credit
                                                                     was revised, effective Oct. 1, 2025. For the                  billing disputes. The regulation does
                                                                     convenience of the user, the revised text is                  not generally govern charges for con-
                                                                     set forth as follows:                                         sumer credit, except that several provi-
                                                                       AUTHORITY: 12 U.S.C. 2601, 2603–2605, 2607,                 sions in subpart G set forth special
                                                                     2609, 2617, 3353, 3354, 5511, 5512, 5532, 5581; 15            rules addressing certain charges appli-
                                                                     U.S.C. 1601 et seq.                                           cable to credit card accounts under an
                                                                       SOURCE: 76 FR 79772, Dec. 22, 2011, unless                  open-end (not home-secured) consumer
                                                                     otherwise noted.                                              credit plan. The regulation requires a
                                                                                                                                   maximum interest rate to be stated in
                                                                                  Subpart A—General                                variable-rate contracts secured by the
                                                                                                                                   consumer’s dwelling. It also imposes
                                                                     § 1026.1 Authority, purpose, coverage,                        limitations on home-equity plans that
                                                                          organization, enforcement, and li-                       are subject to the requirements of
                                                                          ability.                                                 § 1026.40 and mortgages that are subject
                                                                        (a) Authority. This part, known as                         to the requirements of § 1026.32. The
                                                                     Regulation Z, is issued by the Bureau                         regulation prohibits certain acts or
                                                                     of Consumer Financial Protection to                           practices in connection with credit se-
                                                                     implement the Federal Truth in Lend-                          cured by a dwelling in § 1026.36, and
                                                                     ing Act, which is contained in title I of                     credit secured by a consumer’s prin-
                                                                     the Consumer Credit Protection Act, as                        cipal dwelling in § 1026.35. The regula-
                                                                     amended (15 U.S.C. 1601 et seq.). This                        tion also regulates certain practices of
                                                                     part also implements title XII, section                       creditors who extend private education
                                                                     1204 of the Competitive Equality Bank-                        loans as defined in § 1026.46(b)(5). In ad-
                                                                     ing Act of 1987 (Pub. L. 100–86, 101 Stat.                    dition, it imposes certain limitations
                                                                     552). Furthermore, this part imple-                           on increases in costs for mortgage
                                                                     ments certain provisions of the Real                          transactions subject to § 1026.19(e) and
                                                                     Estate Settlement Procedures Act of                           (f).
                                                                     1974, as amended (12 U.S.C. 2601 et seq.).                       (c) Coverage. (1) In general, this part
                                                                     In addition, this part implements cer-                        applies to each individual or business




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                                                                     tain provisions of the Financial Insti-                       that offers or extends credit, other
                                                                     tutions Reform, Recovery, and En-                             than a person excluded from coverage

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                                                                     Consumer Financial Protection Bureau                                                                    § 1026.1

                                                                     of this part by section 1029 of the Con-                         (iii) The transactions that are ex-
                                                                     sumer Financial Protection Act of 2010,                       empt from coverage; and
                                                                     title X of the Dodd-Frank Wall Street                            (iv) The method of determining the
                                                                     Reform and Consumer Protection Act,                           finance charge.
                                                                     Public Law 111–203, 124 Stat. 1376, when                         (2) Subpart B contains the rules for
                                                                     four conditions are met:                                      open-end credit. It requires that ac-
                                                                        (i) The credit is offered or extended                      count-opening disclosures and periodic
                                                                     to consumers;                                                 statements be provided, as well as addi-
                                                                        (ii) The offering or extension of cred-                    tional disclosures for credit and charge
                                                                     it is done regularly;                                         card applications and solicitations and
                                                                        (iii) The credit is subject to a finance                   for home-equity plans subject to the
                                                                     charge or is payable by a written                             requirements of § 1026.60 and § 1026.40,
                                                                     agreement in more than four install-                          respectively. It also describes special
                                                                     ments; and                                                    rules that apply to credit card trans-
                                                                        (iv) The credit is primarily for per-                      actions, treatment of payments and
                                                                     sonal, family, or household purposes.                         credit balances, procedures for resolv-
                                                                        (2) If a credit card is involved, how-                     ing credit billing errors, annual per-
                                                                     ever, certain provisions apply even if                        centage rate calculations, rescission
                                                                     the credit is not subject to a finance                        requirements, and advertising.
                                                                     charge, or is not payable by a written                           (3) Subpart C relates to closed-end
                                                                     agreement in more than four install-
                                                                                                                                   credit. It contains rules on disclosures,
                                                                     ments, or if the credit card is to be
                                                                                                                                   treatment of credit balances, annual
                                                                     used for business purposes.
                                                                                                                                   percentage rate calculations, rescission
                                                                        (3) In addition, certain requirements
                                                                                                                                   requirements, and advertising.
                                                                     of § 1026.40 apply to persons who are not
                                                                     creditors but who provide applications                           (4) Subpart D contains rules on oral
                                                                     for home-equity plans to consumers.                           disclosures, disclosures in languages
                                                                        (4) Furthermore, certain require-                          other than English, record retention,
                                                                     ments of § 1026.57 apply to institutions                      effect on state laws, state exemptions,
                                                                     of higher education.                                          and rate limitations.
                                                                        (5) Except in transactions subject to                         (5) Subpart E contains special rules
                                                                     § 1026.19(e) and (f), no person is required                   for mortgage transactions. Section
                                                                     to provide the disclosures required by                        1026.32 requires certain disclosures and
                                                                     sections      128(a)(16)   through     (19),                  provides limitations for closed-end
                                                                     128(b)(4), 129C(f)(1), 129C(g)(2) and (3),                    credit transactions and open-end credit
                                                                     129D(h), or 129D(j)(1)(A) of the Truth in                     plans that have rates or fees above
                                                                     Lending Act, section 4(c) of the Real                         specified amounts or certain prepay-
                                                                     Estate Settlement Procedures Act, or                          ment penalties. Section 1026.33 requires
                                                                     the disclosure required prior to settle-                      special disclosures, including the total
                                                                     ment by section 129C(h) of the Truth in                       annual loan cost rate, for reverse mort-
                                                                     Lending Act. Except in transactions                           gage transactions. Section 1026.34 pro-
                                                                     subject to § 1026.20(e), no person is re-                     hibits specific acts and practices in
                                                                     quired to provide the disclosure re-                          connection with high-cost mortgages,
                                                                     quired by section 129D(j)(1)(B) of the                        as defined in § 1026.32(a). Section 1026.35
                                                                     Truth in Lending Act. Except in trans-                        prohibits specific acts and practices in
                                                                     actions subject to § 1026.39(d)(5), no per-                   connection with closed-end higher-
                                                                     son becoming a creditor with respect to                       priced mortgage loans, as defined in
                                                                     an existing residential mortgage loan                         § 1026.35(a). Section 1026.36 prohibits
                                                                     is required to provide the disclosure re-                     specific acts and practices in connec-
                                                                     quired by section 129C(h) of the Truth                        tion with an extension of credit se-
                                                                     in Lending Act.                                               cured by a dwelling. Sections 1026.37
                                                                        (d) Organization. The regulation is di-                    and 1026.38 set forth special disclosure
                                                                     vided into subparts and appendices as                         requirements for certain closed-end
                                                                     follows:                                                      transactions secured by real property
                                                                        (1) Subpart A contains general infor-                      or a cooperative unit, as required by
                                                                     mation. It sets forth:                                        § 1026.19(e) and (f).
                                                                        (i) The authority, purpose, coverage,                         (6) Subpart F relates to private edu-




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                                                                     and organization of the regulation;                           cation loans. It contains rules on dis-
                                                                        (ii) The definitions of basic terms;                       closures, limitations on changes in

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                                                                     § 1026.1, Nt.                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     terms after approval, the right to can-                       porates by reference administrative en-
                                                                     cel the loan, and limitations on co-                          forcement and civil liability provisions
                                                                     branding in the marketing of private                          of sections 108 and 130 of the Truth in
                                                                     education loans.                                              Lending Act. Section 19 of the Real Es-
                                                                       (7) Subpart G relates to credit card                        tate Settlement Procedures Act con-
                                                                     accounts under an open-end (not home-                         tains the administrative enforcement
                                                                     secured) consumer credit plan (except                         provisions for that Act.
                                                                     for § 1026.57(c), which applies to all                        [76 FR 79772, Dec. 22, 2011, as amended at 77
                                                                     open-end credit plans). Section 1026.51                       FR 70114, Nov. 23, 2012; 78 FR 6962, Jan. 31,
                                                                     contains rules on evaluation of a con-                        2013; 78 FR 80106, Dec. 31, 2013; 80 FR 32687,
                                                                     sumer’s ability to make the required                          June 9, 2015; 82 FR 37768, Aug. 11, 2017]
                                                                     payments under the terms of an ac-                              EFFECTIVE DATE NOTE: At 89 FR 64577, Aug.
                                                                     count. Section 1026.52 limits the fees                        7, 2024, § 1026.1 was amended by adding para-
                                                                     that a consumer can be required to pay                        graph (c)(6), effective Oct. 1, 2025. For the
                                                                     with respect to an open-end (not home-                        convenience of the user, the added text is set
                                                                     secured) consumer credit plan during                          forth as follows:
                                                                     the first year after account opening.                         § 1026.1 Authority, purpose, coverage, orga-
                                                                     Section 1026.53 contains rules on allo-                           nization, enforcement, and liability.
                                                                     cation of payments in excess of the
                                                                     minimum payment. Section 1026.54 sets                                *         *       *         *       *
                                                                     forth certain limitations on the impo-
                                                                     sition of finance charges as the result                         (c) * * *
                                                                                                                                     (6) The requirements of § 1026.42(i) apply to
                                                                     of a loss of a grace period. Section                          certain persons regardless of whether they
                                                                     1026.55 contains limitations on in-                           are creditors and even if the mortgage, as de-
                                                                     creases in annual percentage rates,                           fined in § 1026.42(i)(2)(v), is primarily for busi-
                                                                     fees, and charges for credit card ac-                         ness, commercial, agricultural, or organiza-
                                                                     counts. Section 1026.56 prohibits the as-                     tional purposes.
                                                                     sessment of fees or charges for over-
                                                                     the-limit transactions unless the con-                               *         *       *         *       *
                                                                     sumer affirmatively consents to the
                                                                     creditor’s payment of over-the-limit                          § 1026.2 Definitions and rules of con-
                                                                     transactions. Section 1026.57 sets forth                            struction.
                                                                     rules for reporting and marketing of                             (a) Definitions. For purposes of this
                                                                     college student open-end credit. Sec-                         part, the following definitions apply:
                                                                     tion 1026.58 sets forth requirements for                         (1) Act means the Truth in Lending
                                                                     the Internet posting of credit card ac-                       Act (15 U.S.C. 1601 et seq.).
                                                                     counts under an open-end (not home-                              (2) Advertisement means a commercial
                                                                     secured) consumer credit plan.                                message in any medium that promotes,
                                                                       (8) Several appendices contain infor-                       directly or indirectly, a credit trans-
                                                                     mation such as the procedures for de-                         action.
                                                                     terminations about state laws, state                             (3)(i) Application means the submis-
                                                                     exemptions and issuance of official in-                       sion of a consumer’s financial informa-
                                                                     terpretations, special rules for certain                      tion for the purposes of obtaining an
                                                                     kinds of credit plans, and the rules for                      extension of credit.
                                                                     computing annual percentage rates in                             (ii) For transactions subject to
                                                                     closed-end credit transactions and                            § 1026.19(e), (f), or (g) of this part, an ap-
                                                                     total-annual-loan-cost rates for reverse                      plication consists of the submission of
                                                                     mortgage transactions.                                        the consumer’s name, the consumer’s
                                                                       (e) Enforcement and liability. Section                      income, the consumer’s social security
                                                                     108 of the Truth in Lending Act con-                          number to obtain a credit report, the
                                                                     tains the administrative enforcement                          property address, an estimate of the
                                                                     provisions for that Act. Sections 112,                        value of the property, and the mort-
                                                                     113, 130, 131, and 134 contain provisions                     gage loan amount sought.
                                                                     relating to liability for failure to com-                        (4) Billing cycle or cycle means the in-
                                                                     ply with the requirements of the Truth                        terval between the days or dates of reg-
                                                                     in Lending Act and the regulation. Sec-                       ular periodic statements. These inter-
                                                                     tion 1204(c) of title XII of the Competi-                     vals shall be equal and no longer than




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                                                                     tive Equality Banking Act of 1987, Pub-                       a quarter of a year. An interval will be
                                                                     lic Law 100–86, 101 Stat. 552, incor-                         considered equal if the number of days

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                                                                     Consumer Financial Protection Bureau                                                                    § 1026.2

                                                                     in the cycle does not vary more than                          credit is offered or extended. However,
                                                                     four days from the regular day or date                        for purposes of rescission under
                                                                     of the periodic statement.                                    §§ 1026.15 and 1026.23, the term also in-
                                                                        (5) Bureau means the Bureau of Con-                        cludes a natural person in whose prin-
                                                                     sumer Financial Protection.                                   cipal dwelling a security interest is or
                                                                        (6) Business day means a day on                            will be retained or acquired, if that
                                                                     which the creditor’s offices are open to                      person’s ownership interest in the
                                                                     the public for carrying on substantially                      dwelling is or will be subject to the se-
                                                                     all of its business functions. However,                       curity interest. For purposes of
                                                                     for purposes of rescission under                              §§ 1026.20(c) through (e), 1026.36(c),
                                                                     §§ 1026.15 and 1026.23, and for purposes of                   1026.39, and 1026.41, the term includes a
                                                                     §§ 1026.19(a)(1)(ii),          1026.19(a)(2),                 confirmed successor in interest.
                                                                     1026.19(e)(1)(iii)(B),     1026.19(e)(1)(iv),                    (12) Consumer credit means credit of-
                                                                     1026.19(e)(2)(i)(A),        1026.19(e)(4)(ii),                fered or extended to a consumer pri-
                                                                     1026.19(f)(1)(ii),         1026.19(f)(1)(iii),                marily for personal, family, or house-
                                                                     1026.20(e)(5), 1026.31, and 1026.46(d)(4),                    hold purposes.
                                                                     the term means all calendar days ex-                             (13) Consummation means the time
                                                                     cept Sundays and the legal public holi-                       that a consumer becomes contractually
                                                                     days specified in 5 U.S.C. 6103(a), such                      obligated on a credit transaction.
                                                                     as New Year’s Day, the Birthday of                               (14) Credit means the right to defer
                                                                     Martin Luther King, Jr., Washington’s                         payment of debt or to incur debt and
                                                                     Birthday, Memorial Day, Independence                          defer its payment.
                                                                     Day, Labor Day, Columbus Day, Vet-                               (15)(i) Credit card means any card,
                                                                     erans Day, Thanksgiving Day, and                              plate, or other single credit device that
                                                                     Christmas Day.                                                may be used from time to time to ob-
                                                                        (7) Card issuer means a person that                        tain credit. The term credit card in-
                                                                     issues a credit card or that person’s                         cludes a hybrid prepaid-credit card as
                                                                     agent with respect to the card.                               defined in § 1026.61.
                                                                        (8) Cardholder means a natural person                         (ii) Credit card account under an open-
                                                                     to whom a credit card is issued for con-                      end (not home-secured) consumer credit
                                                                     sumer credit purposes, or a natural                           plan means any open-end credit ac-
                                                                     person who has agreed with the card                           count that is accessed by a credit card,
                                                                     issuer to pay consumer credit obliga-                         except:
                                                                     tions arising from the issuance of a                             (A) A home-equity plan subject to
                                                                     credit card to another natural person.                        the requirements of § 1026.40 that is
                                                                     For purposes of § 1026.12(a) and (b), the                     accessed by a credit card;
                                                                     term includes any person to whom a                               (B) An overdraft line of credit that is
                                                                     credit card is issued for any purpose,                        accessed by a debit card; or
                                                                     including business, commercial or agri-                          (C) An overdraft line of credit that is
                                                                     cultural use, or a person who has                             accessed by an account number, except
                                                                     agreed with the card issuer to pay obli-                      if the account number is a hybrid pre-
                                                                     gations arising from the issuance of                          paid-credit card that can access a cov-
                                                                     such a credit card to another person.                         ered separate credit feature as defined
                                                                        (9) Cash price means the price at                          in § 1026.61.
                                                                     which a creditor, in the ordinary                                (iii) Charge card means a credit card
                                                                     course of business, offers to sell for                        on an account for which no periodic
                                                                     cash property or service that is the                          rate is used to compute a finance
                                                                     subject of the transaction. At the                            charge.
                                                                     creditor’s option, the term may include                          (iv) Debit card means any card, plate,
                                                                     the price of accessories, services re-                        or other single device that may be used
                                                                     lated to the sale, service contracts and                      from time to time to access an asset
                                                                     taxes and fees for license, title, and                        account other than a prepaid account
                                                                     registration. The term does not include                       as defined in § 1026.61. The term debit
                                                                     any finance charge.                                           card does not include a prepaid card as
                                                                        (10) Closed-end credit means consumer                      defined in § 1026.61.
                                                                     credit other than ‘‘open-end credit’’ as                         (16) Credit sale means a sale in which
                                                                     defined in this section.                                      the seller is a creditor. The term in-




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                                                                        (11) Consumer means a cardholder or                        cludes a bailment or lease (unless ter-
                                                                     natural person to whom consumer                               minable without penalty at any time

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                                                                     § 1026.2                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                     by the consumer) under which the con-                      nates more than one credit extension
                                                                     sumer:                                                     that is subject to the requirements of
                                                                       (i) Agrees to pay as compensation for                    § 1026.32 or one or more such credit ex-
                                                                     use a sum substantially equivalent to,                     tensions through a mortgage broker.
                                                                     or in excess of, the total value of the                       (18) Downpayment means an amount,
                                                                     property and service involved; and                         including the value of property used as
                                                                       (ii) Will become (or has the option to                   a trade-in, paid to a seller to reduce
                                                                     become), for no additional consider-                       the cash price of goods or services pur-
                                                                     ation or for nominal consideration, the                    chased in a credit sale transaction. A
                                                                     owner of the property upon compliance                      deferred portion of a downpayment
                                                                     with the agreement.                                        may be treated as part of the downpay-
                                                                       (17) Creditor means:                                     ment if it is payable not later than the
                                                                       (i) A person who regularly extends                       due date of the second otherwise regu-
                                                                     consumer credit that is subject to a fi-                   larly scheduled payment and is not
                                                                     nance charge or is payable by written                      subject to a finance charge.
                                                                     agreement in more than four install-                          (19) Dwelling means a residential
                                                                     ments (not including a down payment),                      structure that contains one to four
                                                                     and to whom the obligation is initially                    units, whether or not that structure is
                                                                     payable, either on the face of the note                    attached to real property. The term in-
                                                                     or contract, or by agreement when                          cludes an individual condominium
                                                                     there is no note or contract.                              unit, cooperative unit, mobile home,
                                                                       (ii) For purposes of §§ 1026.4(c)(8) (Dis-               and trailer, if it is used as a residence.
                                                                     counts), 1026.9(d) (Finance charge im-                        (20) Open-end credit means consumer
                                                                     posed at time of transaction), and                         credit extended by a creditor under a
                                                                     1026.12(e) (Prompt notification of re-                     plan in which:
                                                                     turns and crediting of refunds), a per-
                                                                                                                                   (i) The creditor reasonably con-
                                                                     son that honors a credit card.
                                                                                                                                templates repeated transactions;
                                                                       (iii) For purposes of subpart B, any
                                                                                                                                   (ii) The creditor may impose a fi-
                                                                     card issuer that extends either open-
                                                                                                                                nance charge from time to time on an
                                                                     end credit or credit that is not subject
                                                                                                                                outstanding unpaid balance; and
                                                                     to a finance charge and is not payable
                                                                     by written agreement in more than                             (iii) The amount of credit that may
                                                                     four installments.                                         be extended to the consumer during the
                                                                       (iv) For purposes of subpart B (except                   term of the plan (up to any limit set by
                                                                     for the credit and charge card disclo-                     the creditor) is generally made avail-
                                                                     sures contained in §§ 1026.60 and                          able to the extent that any out-
                                                                     1026.9(e) and (f), the finance charge dis-                 standing balance is repaid.
                                                                     closures contained in § 1026.6(a)(1) and                      (21) Periodic rate means a rate of fi-
                                                                     (b)(3)(i) and § 1026.7(a)(4) through (7) and               nance charge that is or may be imposed
                                                                     (b)(4) through (6) and the right of re-                    by a creditor on a balance for a day,
                                                                     scission set forth in § 1026.15) and sub-                  week, month, or other subdivision of a
                                                                     part C, any card issuer that extends                       year.
                                                                     closed-end credit that is subject to a fi-                    (22) Person means a natural person or
                                                                     nance charge or is payable by written                      an organization, including a corpora-
                                                                     agreement in more than four install-                       tion, partnership, proprietorship, asso-
                                                                     ments.                                                     ciation, cooperative, estate, trust, or
                                                                       (v) A person regularly extends con-                      government unit.
                                                                     sumer credit only if it extended credit                       (23) Prepaid finance charge means any
                                                                     (other than credit subject to the re-                      finance charge paid separately in cash
                                                                     quirements of § 1026.32) more than 25                      or by check before or at consummation
                                                                     times (or more than 5 times for trans-                     of a transaction, or withheld from the
                                                                     actions secured by a dwelling) in the                      proceeds of the credit at any time.
                                                                     preceding calendar year. If a person did                      (24) Residential mortgage transaction
                                                                     not meet these numerical standards in                      means a transaction in which a mort-
                                                                     the preceding calendar year, the nu-                       gage, deed of trust, purchase money se-
                                                                     merical standards shall be applied to                      curity interest arising under an install-
                                                                     the current calendar year. A person                        ment sales contract, or equivalent con-




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                                                                     regularly extends consumer credit if, in                   sensual security interest is created or
                                                                     any 12-month period, the person origi-                     retained in the consumer’s principal

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                                                                     Consumer Financial Protection Bureau                                                          § 1026.2, Nt.

                                                                     dwelling to finance the acquisition or                     serve System to replace, as applicable,
                                                                     initial construction of that dwelling.                     the 1-month, 3-month, 6-month, or 12-
                                                                       (25) Security interest means an inter-                   month tenor of U.S. Dollar LIBOR, as
                                                                     est in property that secures perform-                      set forth in the Board of Governors of
                                                                     ance of a consumer credit obligation                       the Federal Reserve System’s regula-
                                                                     and that is recognized by State or Fed-                    tion at 12 CFR part 253, which imple-
                                                                     eral law. It does not include incidental                   ments the Adjustable Interest Rate
                                                                     interests such as interests in proceeds,                   (LIBOR) Act, Public Law 117–103, divi-
                                                                     accessions, additions, fixtures, insur-                    sion U.
                                                                     ance proceeds (whether or not the cred-                      (b) Rules of construction. For purposes
                                                                     itor is a loss payee or beneficiary), pre-                 of this part, the following rules of con-
                                                                     mium rebates, or interests in after-ac-                    struction apply:
                                                                     quired property. For purposes of disclo-                     (1) Where appropriate, the singular
                                                                     sures under §§ 1026.6, 1026.18, 1026.19(e)                 form of a word includes the plural form
                                                                     and (f), and 1026.38(l)(6), the term does                  and plural includes singular.
                                                                     not include an interest that arises sole-                    (2) Where the words obligation and
                                                                     ly by operation of law. However, for                       transaction are used in the regulation,
                                                                     purposes of the right of rescission                        they refer to a consumer credit obliga-
                                                                     under §§ 1026.15 and 1026.23, the term                     tion or transaction, depending upon
                                                                     does include interests that arise solely                   the context. Where the word credit is
                                                                     by operation of law.                                       used in the regulation, it means con-
                                                                       (26) State means any state, the Dis-                     sumer credit unless the context clearly
                                                                     trict of Columbia, the Commonwealth                        indicates otherwise.
                                                                     of Puerto Rico, and any territory or                         (3) Unless defined in this part, the
                                                                     possession of the United States.                           words used have the meanings given to
                                                                       (27)(i) Successor in interest means a                    them by state law or contract.
                                                                     person to whom an ownership interest                         (4) Where the word amount is used in
                                                                     in a dwelling securing a closed-end con-                   this part to describe disclosure require-
                                                                     sumer credit transaction is transferred                    ments, it refers to a numerical amount.
                                                                     from a consumer, provided that the
                                                                                                                                [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                     transfer is:
                                                                                                                                FR 80106, Dec. 31, 2013; 81 FR 72388, Oct. 19,
                                                                       (A) A transfer by devise, descent, or                    2016; 81 FR 84369, Nov. 22, 2016; 88 FR 30622,
                                                                     operation of law on the death of a joint                   May 11, 2023]
                                                                     tenant or tenant by the entirety;
                                                                                                                                  EFFECTIVE DATE NOTES: 1. At 89 FR 64577,
                                                                       (B) A transfer to a relative resulting
                                                                                                                                Aug. 7, 2024, § 1026.2 was amended by revising
                                                                     from the death of the consumer;                            paragraph (a)(11), effective Oct. 1, 2025. For
                                                                       (C) A transfer where the spouse or                       the convenience of the user, the revised text
                                                                     children of the consumer become an                         is set forth as follows:
                                                                     owner of the property;
                                                                       (D) A transfer resulting from a decree                   § 1026.2 Definitions and rules of construc-
                                                                                                                                     tion.
                                                                     of a dissolution of marriage, legal sepa-
                                                                     ration agreement, or from an inci-                            (a) * * *
                                                                                                                                   (11) Consumer means a cardholder or nat-
                                                                     dental property settlement agreement,                      ural person to whom consumer credit is of-
                                                                     by which the spouse of the consumer                        fered or extended. However, for purposes of
                                                                     becomes an owner of the property; or                       rescission under §§ 1026.15 and 1026.23, the
                                                                       (E) A transfer into an inter vivos trust                 term also includes a natural person in whose
                                                                     in which the consumer is and remains                       principal dwelling a security interest is or
                                                                     a beneficiary and which does not relate                    will be retained or acquired, if that person’s
                                                                     to a transfer of rights of occupancy in                    ownership interest in the dwelling is or will
                                                                     the property.                                              be subject to the security interest. For pur-
                                                                                                                                poses of § 1026.42(i), the term means a natural
                                                                       (ii) Confirmed successor in interest                     person to whom credit is offered or extended,
                                                                     means a successor in interest once a                       even if the credit is primarily for business,
                                                                     servicer has confirmed the successor in                    commercial, agricultural, or organizational
                                                                     interest’s identity and ownership inter-                   purposes. For purposes of §§ 1026.20(c)
                                                                     est in the dwelling.                                       through (e), 1026.36(c), 1026.39, and 1026.41, the
                                                                       (28) The Board-selected benchmark re-                    term includes a confirmed successor in inter-
                                                                     placement for consumer loans means the                     est.




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                                                                     SOFR-based index selected by the
                                                                     Board of Governors of the Federal Re-                            *         *       *         *       *

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                                                                     § 1026.3                                                                12 CFR Ch. X (1–1–25 Edition)
                                                                       2. At 89 FR 106837, Dec. 30, 2024, § 1026.2 was            (A) Secured by any real property, or
                                                                     amended by revising paragraph (a)(15), effec-              by personal property used or expected
                                                                     tive Oct. 1, 2025. For the convenience of the              to be used as the principal dwelling of
                                                                     user, the added text is set forth as follows:
                                                                                                                                the consumer; or
                                                                     § 1026.2 Definitions and rules of construc-                  (B) A private education loan as de-
                                                                           tion.                                                fined in § 1026.46(b)(5).
                                                                        (a) * * *                                                 (ii) Annual adjustments. The threshold
                                                                        (15)(i) Credit card means any card, plate, or           amount in paragraph (b)(1)(i) of this
                                                                     other single credit device that may be used                section is adjusted annually to reflect
                                                                     from time to time to obtain credit. The term               increases in the Consumer Price Index
                                                                     credit card includes both a hybrid prepaid-
                                                                     credit card as defined in § 1026.61 and a hybrid
                                                                                                                                for Urban Wage Earners and Clerical
                                                                     debit-credit card as defined in § 1026.62.                 Workers, as applicable. See the official
                                                                        (ii) Credit card account under an open-end              commentary to this paragraph (b) for
                                                                     (not home-secured) consumer credit plan means              the threshold amount applicable to a
                                                                     any open-end credit account that is accessed               specific extension of credit or express
                                                                     by a credit card, except:                                  written commitment to extend credit.
                                                                        (A) A home-equity plan subject to the re-                 (2) Transition rule for open-end ac-
                                                                     quirements of § 1026.40 that is accessed by a              counts exempt prior to July 21, 2011. An
                                                                     credit card; or
                                                                        (B) A covered overdraft credit account as               open-end account that is exempt on
                                                                     defined in § 1026.62 offered by a creditor other           July 20, 2011 based on an express writ-
                                                                     than a very large financial institution as de-             ten commitment to extend credit in ex-
                                                                     fined in § 1026.62 that is accessed by a debit             cess of $25,000 remains exempt until De-
                                                                     card or account number.                                    cember 31, 2011 unless:
                                                                        (iii) Charge card means a credit card on an               (i) The creditor takes a security in-
                                                                     account for which no periodic rate is used to              terest in any real property, or in per-
                                                                     compute a finance charge. The term does not
                                                                                                                                sonal property used or expected to be
                                                                     include a hybrid debit-credit card as defined
                                                                     in § 1026.62.                                              used as the principal dwelling of the
                                                                        (iv) Debit card means any card, plate, or               consumer; or
                                                                     other single device that may be used from                    (ii) The creditor reduces the express
                                                                     time to time to access an asset account                    written commitment to extend credit
                                                                     other than a prepaid account as defined in                 to $25,000 or less.
                                                                     § 1026.61. The term debit card does not include              (c) Public utility credit. An extension
                                                                     a prepaid card as defined in § 1026.61.                    of credit that involves public utility
                                                                                                                                services provided through pipe, wire,
                                                                            *          *        *         *         *           other connected facilities, or radio or
                                                                                                                                similar transmission (including exten-
                                                                     § 1026.3 Exempt transactions.                              sions of such facilities), if the charges
                                                                        The following transactions are not                      for service, delayed payment, or any
                                                                     subject to this part or, if the exemp-                     discounts for prompt payment are filed
                                                                     tion is limited to specified provisions                    with or regulated by any government
                                                                     of this part, are not subject to those                     unit. The financing of durable goods or
                                                                     provisions:                                                home improvements by a public utility
                                                                        (a) Business, commercial, agricultural,                 is not exempt.
                                                                     or organizational credit. (1) An extension                   (d) Securities or commodities accounts.
                                                                     of credit primarily for a business, com-                   Transactions in securities or commod-
                                                                     mercial or agricultural purpose.                           ities accounts in which credit is ex-
                                                                        (2) An extension of credit to other                     tended by a broker-dealer registered
                                                                     than a natural person, including credit                    with the Securities and Exchange Com-
                                                                     to government agencies or instrumen-                       mission or the Commodity Futures
                                                                     talities.                                                  Trading Commission.
                                                                        (b) Credit over applicable threshold                      (e) Home fuel budget plans. An install-
                                                                     amount—(1)      Exemption—(i)      Require-                ment agreement for the purchase of
                                                                     ments. An extension of credit in which                     home fuels in which no finance charge
                                                                     the amount of credit extended exceeds                      is imposed.
                                                                     the applicable threshold amount or in                        (f) Student loan programs. Loans
                                                                     which there is an express written com-                     made, insured, or guaranteed pursuant
                                                                     mitment to extend credit in excess of                      to a program authorized by title IV of




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                                                                     the applicable threshold amount, un-                       the Higher Education Act of 1965 (20
                                                                     less the extension of credit is:                           U.S.C. 1070 et ).

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.4

                                                                       (g)    Employer-sponsored      retirement                  (A) Recording fees;
                                                                     plans. An extension of credit to a par-                      (B) Transfer taxes;
                                                                     ticipant in an employer-sponsored re-                        (C) A bona fide and reasonable appli-
                                                                     tirement plan qualified under section                      cation fee; and
                                                                     401(a) of the Internal Revenue Code, a                       (D) A bona fide and reasonable fee for
                                                                     tax-sheltered annuity under section                        housing counseling services; and
                                                                     403(b) of the Internal Revenue Code, or                      (ii) The total of costs payable by the
                                                                     an eligible governmental deferred com-                     consumer under paragraph (h)(5)(i)(C)
                                                                     pensation plan under section 457(b) of                     and (D) of this section is less than 1
                                                                     the Internal Revenue Code (26 U.S.C.                       percent of the amount of credit ex-
                                                                     401(a); 26 U.S.C. 403(b); 26 U.S.C. 457(b)),               tended; and
                                                                     provided that the extension of credit is                     (6) The following disclosures are pro-
                                                                     comprised of fully vested funds from                       vided:
                                                                     such participant’s account and is made                       (i) Disclosures described in § 1026.18
                                                                     in compliance with the Internal Rev-                       that comply with this part; or
                                                                     enue Code (26 U.S.C. 1 et seq.).                             (ii) Alternatively, disclosures de-
                                                                       (h) Partial exemption for certain mort-                  scribed in § 1026.19(e) and (f) that com-
                                                                     gage loans. The special disclosure re-                     ply with this part.
                                                                     quirements in § 1026.19(g) and, unless
                                                                     the creditor chooses to provide the dis-                   [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                     closures described in § 1026.19(e) and (f),                FR 80107, Dec. 31, 2013; 82 FR 37768, Aug. 11,
                                                                     in § 1026.19(e) and (f) do not apply to a                  2017]
                                                                     transaction that satisfies all of the fol-                   EFFECTIVE DATE NOTE: At 89 FR 64577, Aug.
                                                                     lowing criteria:                                           7, 2024, § 1026.3 was amended by adding para-
                                                                       (1) The transaction is secured by a                      graph (i), effective Oct. 1, 2025. For the con-
                                                                     subordinate lien;                                          venience of the user, the added text is set
                                                                       (2) The transaction is for the purpose                   forth as follows:
                                                                     of:                                                        § 1026.3   Exempt transactions.
                                                                       (i) Downpayment, closing costs, or
                                                                     other similar home buyer assistance,
                                                                                                                                      *         *       *         *        *
                                                                     such as principal or interest subsidies;
                                                                       (ii) Property rehabilitation assist-                       (i) The exemptions in this section are not
                                                                     ance;                                                      applicable to § 1026.42(i) (Quality Control
                                                                       (iii) Energy efficiency assistance; or                   Standards for Automated Valuation Models).
                                                                       (iv) Foreclosure avoidance or preven-
                                                                                                                                § 1026.4    Finance charge.
                                                                     tion;
                                                                       (3) The credit contract does not re-                       (a) Definition. The finance charge is
                                                                     quire the payment of interest;                             the cost of consumer credit as a dollar
                                                                       (4) The credit contract provides that                    amount. It includes any charge payable
                                                                     repayment of the amount of credit ex-                      directly or indirectly by the consumer
                                                                     tended is:                                                 and imposed directly or indirectly by
                                                                       (i) Forgiven either incrementally or                     the creditor as an incident to or a con-
                                                                     in whole, at a date certain, and subject                   dition of the extension of credit. It
                                                                     only to specified ownership and occu-                      does not include any charge of a type
                                                                     pancy conditions, such as a require-                       payable in a comparable cash trans-
                                                                     ment that the consumer maintain the                        action.
                                                                     property as the consumer’s principal                         (1) Charges by third parties. The fi-
                                                                     dwelling for five years;                                   nance    charge    includes   fees   and
                                                                       (ii) Deferred for a minimum of 20                        amounts charged by someone other
                                                                     years after consummation of the trans-                     than the creditor, unless otherwise ex-
                                                                     action;                                                    cluded under this section, if the cred-
                                                                       (iii) Deferred until sale of the prop-                   itor:
                                                                     erty securing the transaction; or                            (i) Requires the use of a third party
                                                                       (iv) Deferred until the property se-                     as a condition of or an incident to the
                                                                     curing the transaction is no longer the                    extension of credit, even if the con-
                                                                     principal dwelling of the consumer;                        sumer can choose the third party; or
                                                                       (5)(i) The costs payable by the con-                       (ii) Retains a portion of the third-




jspears on DSK121TN23PROD with CFR
                                                                     sumer in connection with the trans-                        party charge, to the extent of the por-
                                                                     action at consummation are limited to:                     tion retained.

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                                                                     § 1026.4                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                       (2) Special rule; closing agent charges.                   (8) Premiums or other charges for in-
                                                                     Fees charged by a third party that con-                    surance against loss of or damage to
                                                                     ducts the loan closing (such as a settle-                  property, or against liability arising
                                                                     ment agent, attorney, or escrow or                         out of the ownership or use of property,
                                                                     title company) are finance charges                         written in connection with a credit
                                                                     only if the creditor:                                      transaction.
                                                                       (i) Requires the particular services                       (9) Discounts for the purpose of in-
                                                                     for which the consumer is charged;                         ducing payment by a means other than
                                                                       (ii) Requires the imposition of the                      the use of credit.
                                                                     charge; or
                                                                                                                                  (10) Charges or premiums paid for
                                                                       (iii) Retains a portion of the third-
                                                                                                                                debt cancellation or debt suspension
                                                                     party charge, to the extent of the por-
                                                                     tion retained.                                             coverage written in connection with a
                                                                       (3) Special rule; mortgage broker fees.                  credit transaction, whether or not the
                                                                     Fees charged by a mortgage broker (in-                     coverage is insurance under applicable
                                                                     cluding fees paid by the consumer di-                      law.
                                                                     rectly to the broker or to the creditor                      (11) With regard to a covered separate
                                                                     for delivery to the broker) are finance                    credit feature and an asset feature on a
                                                                     charges even if the creditor does not                      prepaid account that are both acces-
                                                                     require the consumer to use a mort-                        sible by a hybrid prepaid-credit card as
                                                                     gage broker and even if the creditor                       defined in § 1026.61:
                                                                     does not retain any portion of the                           (i) Any fee or charge described in
                                                                     charge.                                                    paragraphs (b)(1) through (10) of this
                                                                       (b) Examples of finance charges. The fi-                 section imposed on the covered sepa-
                                                                     nance charge includes the following                        rate credit feature, whether it is struc-
                                                                     types of charges, except for charges                       tured as a credit subaccount of the pre-
                                                                     specifically excluded by paragraphs (c)                    paid account or a separate credit ac-
                                                                     through (e) of this section:                               count.
                                                                       (1) Interest, time price differential,                     (ii) Any fee or charge imposed on the
                                                                     and any amount payable under an add-
                                                                                                                                asset feature of the prepaid account to
                                                                     on or discount system of additional
                                                                                                                                the extent that the amount of the fee
                                                                     charges.
                                                                       (2) Service, transaction, activity, and                  or charge exceeds comparable fees or
                                                                     carrying charges, including any charge                     charges imposed on prepaid accounts in
                                                                     imposed on a checking or other trans-                      the same prepaid account program that
                                                                     action account (except a prepaid ac-                       do not have a covered separate credit
                                                                     count as defined in § 1026.61) to the ex-                  feature accessible by a hybrid prepaid-
                                                                     tent that the charge exceeds the charge                    credit card.
                                                                     for a similar account without a credit                       (c) Charges excluded from the finance
                                                                     feature.                                                   charge. The following charges are not
                                                                       (3) Points, loan fees, assumption fees,                  finance charges:
                                                                     finder’s fees, and similar charges.                          (1) Application fees charged to all ap-
                                                                       (4) Appraisal, investigation, and cred-                  plicants for credit, whether or not
                                                                     it report fees.                                            credit is actually extended.
                                                                       (5) Premiums or other charges for                          (2) Charges for actual unanticipated
                                                                     any guarantee or insurance protecting                      late payment, for exceeding a credit
                                                                     the creditor against the consumer’s de-                    limit, or for delinquency, default, or a
                                                                     fault or other credit loss.                                similar occurrence.
                                                                       (6) Charges imposed on a creditor by                       (3) Charges imposed by a financial in-
                                                                     another person for purchasing or ac-
                                                                                                                                stitution for paying items that over-
                                                                     cepting a consumer’s obligation, if the
                                                                                                                                draw an account, unless the payment
                                                                     consumer is required to pay the
                                                                     charges in cash, as an addition to the                     of such items and the imposition of the
                                                                     obligation, or as a deduction from the                     charge were previously agreed upon in
                                                                     proceeds of the obligation.                                writing. This paragraph does not apply
                                                                       (7) Premiums or other charges for                        to credit offered in connection with a
                                                                     credit life, accident, health, or loss-of-                 prepaid account as defined in § 1026.61.




jspears on DSK121TN23PROD with CFR
                                                                     income insurance, written in connec-
                                                                     tion with a credit transaction.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.4

                                                                       (4) Fees charged for participation in a                  credit transactions, closed-end credit
                                                                     credit plan, whether assessed on an an-                    transactions by mail or telephone
                                                                     nual or other periodic basis. This para-                   under § 1026.17(g), and certain closed-
                                                                     graph does not apply to a fee to partici-                  end credit transactions involving an in-
                                                                     pate in a covered separate credit fea-                     surance plan that limits the total
                                                                     ture accessible by a hybrid prepaid-                       amount of indebtedness subject to cov-
                                                                     credit card as defined in § 1026.61, re-                   erage.
                                                                     gardless of whether this fee is imposed                       (iii) The consumer signs or initials an
                                                                     on the credit feature or on the asset                      affirmative written request for the in-
                                                                     feature of the prepaid account.                            surance after receiving the disclosures
                                                                       (5) Seller’s points.                                     specified in this paragraph, except as
                                                                       (6) Interest forfeited as a result of an                 provided in paragraph (d)(4) of this sec-
                                                                     interest reduction required by law on a                    tion. Any consumer in the transaction
                                                                     time deposit used as security for an ex-                   may sign or initial the request.
                                                                     tension of credit.                                            (2) Property insurance premiums. Pre-
                                                                       (7) Real-estate related fees. The fol-                   miums for insurance against loss of or
                                                                     lowing fees in a transaction secured by                    damage to property, or against liabil-
                                                                     real property or in a residential mort-                    ity arising out of the ownership or use
                                                                     gage transaction, if the fees are bona                     of property, including single interest
                                                                     fide and reasonable in amount:                             insurance if the insurer waives all
                                                                       (i) Fees for title examination, ab-                      right of subrogation against the con-
                                                                     stract of title, title insurance, property                 sumer, may be excluded from the fi-
                                                                     survey, and similar purposes.                              nance charge if the following condi-
                                                                       (ii) Fees for preparing loan-related                     tions are met:
                                                                     documents, such as deeds, mortgages,
                                                                                                                                   (i) The insurance coverage may be
                                                                     and reconveyance or settlement docu-
                                                                                                                                obtained from a person of the con-
                                                                     ments.
                                                                                                                                sumer’s choice, and this fact is dis-
                                                                       (iii) Notary and credit-report fees.
                                                                                                                                closed. (A creditor may reserve the
                                                                       (iv) Property appraisal fees or fees
                                                                                                                                right to refuse to accept, for reasonable
                                                                     for inspections to assess the value or
                                                                                                                                cause, an insurer offered by the con-
                                                                     condition of the property if the service
                                                                     is performed prior to closing, including                   sumer.)
                                                                     fees related to pest-infestation or                           (ii) If the coverage is obtained from
                                                                     flood-hazard determinations.                               or through the creditor, the premium
                                                                       (v) Amounts required to be paid into                     for the initial term of insurance cov-
                                                                     escrow or trustee accounts if the                          erage shall be disclosed. If the term of
                                                                     amounts would not otherwise be in-                         insurance is less than the term of the
                                                                     cluded in the finance charge.                              transaction, the term of insurance
                                                                       (8) Discounts offered to induce pay-                     shall also be disclosed. The premium
                                                                     ment for a purchase by cash, check, or                     may be disclosed on a unit-cost basis
                                                                     other means, as provided in section                        only in open-end credit transactions,
                                                                     167(b) of the Act.                                         closed-end credit transactions by mail
                                                                       (d) Insurance and debt cancellation and                  or telephone under § 1026.17(g), and cer-
                                                                     debt suspension coverage—(1) Voluntary                     tain closed-end credit transactions in-
                                                                     credit insurance premiums. Premiums for                    volving an insurance plan that limits
                                                                     credit life, accident, health, or loss-of-                 the total amount of indebtedness sub-
                                                                     income insurance may be excluded                           ject to coverage.
                                                                     from the finance charge if the fol-                           (3) Voluntary debt cancellation or debt
                                                                     lowing conditions are met:                                 suspension fees. Charges or premiums
                                                                       (i) The insurance coverage is not re-                    paid for debt cancellation coverage for
                                                                     quired by the creditor, and this fact is                   amounts exceeding the value of the
                                                                     disclosed in writing.                                      collateral securing the obligation or
                                                                       (ii) The premium for the initial term                    for debt cancellation or debt suspen-
                                                                     of insurance coverage is disclosed in                      sion coverage in the event of the loss of
                                                                     writing. If the term of insurance is less                  life, health, or income or in case of ac-
                                                                     than the term of the transaction, the                      cident may be excluded from the fi-
                                                                     term of insurance also shall be dis-                       nance charge, whether or not the cov-




jspears on DSK121TN23PROD with CFR
                                                                     closed. The premium may be disclosed                       erage is insurance, if the following con-
                                                                     on a unit-cost basis only in open-end                      ditions are met:

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                                                                     § 1026.4, Nt.                                                           12 CFR Ch. X (1–1–25 Edition)

                                                                       (i) The debt cancellation or debt sus-                     (2) The premium for insurance in lieu
                                                                     pension agreement or coverage is not                       of perfecting a security interest to the
                                                                     required by the creditor, and this fact                    extent that the premium does not ex-
                                                                     is disclosed in writing;                                   ceed the fees described in paragraph
                                                                       (ii) The fee or premium for the initial                  (e)(1) of this section that otherwise
                                                                     term of coverage is disclosed in writ-                     would be payable.
                                                                     ing. If the term of coverage is less than                    (3) Taxes on security instruments. Any
                                                                     the term of the credit transaction, the                    tax levied on security instruments or
                                                                     term of coverage also shall be dis-                        on documents evidencing indebtedness
                                                                     closed. The fee or premium may be dis-                     if the payment of such taxes is a re-
                                                                     closed on a unit-cost basis only in                        quirement for recording the instru-
                                                                     open-end credit transactions, closed-                      ment securing the evidence of indebt-
                                                                     end credit transactions by mail or tele-                   edness.
                                                                     phone under § 1026.17(g), and certain                        (f) Prohibited offsets. Interest, divi-
                                                                     closed-end credit transactions involv-                     dends, or other income received or to
                                                                     ing a debt cancellation agreement that                     be received by the consumer on depos-
                                                                     limits the total amount of indebted-                       its or investments shall not be de-
                                                                     ness subject to coverage;                                  ducted in computing the finance
                                                                       (iii) The following are disclosed, as                    charge.
                                                                     applicable, for debt suspension cov-
                                                                                                                                [76 FR 79772, Dec. 22, 2011, as amended at 81
                                                                     erage: That the obligation to pay loan                     FR 84369, Nov. 22, 2016]
                                                                     principal and interest is only sus-
                                                                     pended, and that interest will continue                      EFFECTIVE DATE NOTE: At 89 FR 106837,
                                                                                                                                Dec. 30, 2024, § 1026.4 was amended by revising
                                                                     to accrue during the period of suspen-
                                                                                                                                paragraph (b)(2), adding paragraph (b)(12),
                                                                     sion.                                                      and revising paragraph (c)(3), effective Oct.
                                                                       (iv) The consumer signs or initials an                   1, 2025. For the convenience of the user, the
                                                                     affirmative written request for cov-                       added and revised text is set forth as follows:
                                                                     erage after receiving the disclosures
                                                                     specified in this paragraph, except as                     § 1026.4   Finance charge.
                                                                     provided in paragraph (d)(4) of this sec-
                                                                     tion. Any consumer in the transaction                            *         *       *         *      *
                                                                     may sign or initial the request.                              (b) * * *
                                                                       (4) Telephone purchases. If a consumer                      (2) Service, transaction, activity, and car-
                                                                     purchases credit insurance or debt can-                    rying charges, including any charge imposed
                                                                     cellation or debt suspension coverage                      on a checking or other transaction account
                                                                     for an open-end (not home-secured)                         (except a prepaid account as defined in
                                                                     plan by telephone, the creditor must                       § 1026.61 or a covered asset account as that
                                                                     make the disclosures under paragraphs                      term is defined in § 1026.62) to the extent that
                                                                                                                                the charge exceeds the charge for a similar
                                                                     (d)(1)(i) and (ii) or (d)(3)(i) through (iii)              account without a credit feature.
                                                                     of this section, as applicable, orally. In
                                                                     such a case, the creditor shall:
                                                                       (i) Maintain evidence that the con-                            *         *       *         *      *
                                                                     sumer, after being provided the disclo-                      (12) With regard to a covered asset account
                                                                     sures orally, affirmatively elected to                     as that term is defined in § 1026.62(b)(2):
                                                                     purchase the insurance or coverage;                          (i) Any service, transaction, activity, or
                                                                     and(ii) Mail the disclosures under para-                   carrying charge imposed on the separate
                                                                                                                                credit account required by § 1026.62(c); and
                                                                     graphs (d)(1)(i) and (ii) or (d)(3)(i)
                                                                                                                                  (ii) Any service, transaction, activity, or
                                                                     through (iii) of this section, as applica-                 carrying charge imposed on the covered
                                                                     ble, within three business days after                      asset account to the extent that the charge
                                                                     the telephone purchase.                                    exceeds a comparable charge imposed on a
                                                                       (e) Certain security interest charges. If                checking or other transaction account that
                                                                     itemized and disclosed, the following                      does not have overdraft credit.
                                                                     charges may be excluded from the fi-                         (iii) For purposes of paragraph (b)(12)(ii) of
                                                                     nance charge:                                              this section, a charge or combination of
                                                                                                                                charges, including a per transaction fee, im-
                                                                       (1) Taxes and fees prescribed by law
                                                                                                                                posed on a covered asset account when over-
                                                                     that actually are or will be paid to pub-                  draft credit is extended is not comparable to
                                                                     lic officials for determining the exist-




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                                                                                                                                the following fees or charges imposed on a
                                                                     ence of or for perfecting, releasing, or                   checking or other transaction account that
                                                                     satisfying a security interest.                            does not have overdraft credit:

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.5
                                                                        (A) A charge for authorizing or paying a                § 1026.9(e); and the payment require-
                                                                     transaction that overdraws the checking or                 ments under § 1026.10(b), except as pro-
                                                                     other transaction account.
                                                                                                                                vided in § 1026.7(b)(13).
                                                                        (B) A charge for declining to authorize or
                                                                     pay a transaction.                                            (iii) The disclosures required by this
                                                                        (C) A charge for returning a transaction                subpart may be provided to the con-
                                                                     unpaid.                                                    sumer in electronic form, subject to
                                                                        (D) A charge for transferring funds into the            compliance with the consumer consent
                                                                     checking or other transaction account from
                                                                                                                                and other applicable provisions of the
                                                                     any credit account.
                                                                        (E) A charge for transferring funds into the            Electronic Signatures in Global and
                                                                     checking or other transaction account from                 National Commerce Act (E-Sign Act)
                                                                     any other asset account.                                   (15 U.S.C. 7001 et seq.). The disclosures
                                                                        (c) * * *                                               required by §§ 1026.60, 1026.40, and 1026.16
                                                                        (3) Charges imposed by a financial institu-             may be provided to the consumer in
                                                                     tion for paying items that overdraw an ac-
                                                                     count, unless the payment of such items and                electronic form without regard to the
                                                                     the imposition of the charge were previously               consumer consent or other provisions
                                                                     agreed upon in writing. This paragraph (c)(3)              of the E-Sign Act in the circumstances
                                                                     does not apply to credit offered in connec-                set forth in those sections.
                                                                     tion with a prepaid account as defined in                     (2) Terminology. (i) Terminology used
                                                                     § 1026.61. This paragraph (c)(3) also does not
                                                                     apply to above breakeven overdraft credit as
                                                                                                                                in providing the disclosures required by
                                                                     defined in § 1026.62.                                      this subpart shall be consistent.
                                                                                                                                   (ii) For home-equity plans subject to
                                                                            *          *        *         *         *           § 1026.40, the terms finance charge and
                                                                                                                                annual percentage rate, when required
                                                                                                                                to be disclosed with a corresponding
                                                                          Subpart B—Open-End Credit
                                                                                                                                amount or percentage rate, shall be
                                                                     § 1026.5 General disclosure require-                       more conspicuous than any other re-
                                                                           ments.                                               quired disclosure. The terms need not
                                                                        (a) Form of disclosures—(1) General. (i)                be more conspicuous when used for
                                                                     The creditor shall make the disclosures                    periodic statement disclosures under
                                                                     required by this subpart clearly and                       § 1026.7(a)(4) and for advertisements
                                                                     conspicuously.                                             under § 1026.16.
                                                                        (ii) The creditor shall make the dis-                      (iii) If disclosures are required to be
                                                                     closures required by this subpart in                       presented in a tabular format pursuant
                                                                     writing, in a form that the consumer                       to paragraph (a)(3) of this section, the
                                                                     may keep, except that:                                     term penalty APR shall be used, as ap-
                                                                        (A) The following disclosures need                      plicable. The term penalty APR need
                                                                     not be written: Disclosures under                          not be used in reference to the annual
                                                                     § 1026.6(b)(3) of charges that are im-                     percentage rate that applies with the
                                                                     posed as part of an open-end (not home-                    loss of a promotional rate, assuming
                                                                     secured) plan that are not required to                     the annual percentage rate that applies
                                                                     be disclosed under § 1026.6(b)(2) and re-                  is not greater than the annual percent-
                                                                     lated disclosures of charges under                         age rate that would have applied at the
                                                                     § 1026.9(c)(2)(iii)(B); disclosures under
                                                                                                                                end of the promotional period; or if the
                                                                     § 1026.9(c)(2)(vi);     disclosures under
                                                                                                                                annual percentage rate that applies
                                                                     § 1026.9(d) when a finance charge is im-
                                                                     posed at the time of the transaction;                      with the loss of a promotional rate is a
                                                                     and disclosures under § 1026.56(b)(1)(i).                  variable rate, the annual percentage
                                                                        (B) The following disclosures need                      rate is calculated using the same index
                                                                     not be in a retainable form: Disclosures                   and margin as would have been used to
                                                                     that need not be written under para-                       calculate the annual percentage rate
                                                                     graph (a)(1)(ii)(A) of this section; dis-                  that would have applied at the end of
                                                                     closures for credit and charge card ap-                    the promotional period. If credit insur-
                                                                     plications and solicitations under                         ance or debt cancellation or debt sus-
                                                                     § 1026.60; home-equity disclosures under                   pension coverage is required as part of
                                                                     § 1026.40(d); the alternative summary                      the plan, the term required shall be
                                                                                                                                used and the program shall be identi-




jspears on DSK121TN23PROD with CFR
                                                                     billing-rights         statement    under
                                                                     § 1026.9(a)(2); the credit and charge card                 fied by its name. If an annual percent-
                                                                     renewal disclosures required under                         age rate is required to be presented in

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                                                                     § 1026.5                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                     a tabular format pursuant to para-                         count opening but before the consumer
                                                                     graph (a)(3)(i) or (a)(3)(iii) of this sec-                agrees to pay or becomes obligated to
                                                                     tion, the term fixed, or a similar term,                   pay for the charge, provided they are
                                                                     may not be used to describe such rate                      disclosed at a time and in a manner
                                                                     unless the creditor also specifies a time                  that a consumer would be likely to no-
                                                                     period that the rate will be fixed and                     tice them. This provision does not
                                                                     the rate will not increase during that                     apply to charges imposed as part of a
                                                                     period, or if no such time period is pro-                  home-equity plan subject to the re-
                                                                     vided, the rate will not increase while                    quirements of § 1026.40.
                                                                     the plan is open.                                             (iii) Telephone purchases. Disclosures
                                                                        (3) Specific formats. (i) Certain disclo-               required by § 1026.6 may be provided as
                                                                     sures for credit and charge card appli-                    soon as reasonably practicable after
                                                                     cations and solicitations must be pro-                     the first transaction if:
                                                                     vided in a tabular format in accordance                       (A) The first transaction occurs when
                                                                     with the requirements of § 1026.60(a)(2).                  a consumer contacts a merchant by
                                                                        (ii) Certain disclosures for home-eq-                   telephone to purchase goods and at the
                                                                     uity plans must precede other disclo-                      same time the consumer accepts an
                                                                     sures and must be given in accordance                      offer to finance the purchase by estab-
                                                                     with the requirements of § 1026.40(a).                     lishing an open-end plan with the mer-
                                                                        (iii) Certain account-opening disclo-                   chant or third-party creditor;
                                                                     sures must be provided in a tabular for-                      (B) The merchant or third-party
                                                                     mat in accordance with the require-                        creditor permits consumers to return
                                                                     ments of § 1026.6(b)(1).                                   any goods financed under the plan and
                                                                        (iv) Certain disclosures provided on                    provides consumers with a sufficient
                                                                     periodic statements must be grouped                        time to reject the plan and return the
                                                                     together in accordance with the re-                        goods free of cost after the merchant or
                                                                     quirements of § 1026.7(b)(6) and (b)(13).                  third-party creditor has provided the
                                                                        (v) Certain disclosures provided on                     written disclosures required by § 1026.6;
                                                                     periodic statements must be given in                       and
                                                                     accordance with the requirements of                           (C) The consumer’s right to reject
                                                                     § 1026.7(b)(12).                                           the plan and return the goods is dis-
                                                                        (vi)   Certain      disclosures  accom-                 closed to the consumer as a part of the
                                                                     panying checks that access a credit                        offer to finance the purchase.
                                                                     card account must be provided in a tab-                       (iv) Membership fees—(A) General. In
                                                                     ular format in accordance with the re-                     general, a creditor may not collect any
                                                                     quirements of § 1026.9(b)(3).                              fee before account-opening disclosures
                                                                        (vii) Certain disclosures provided in a                 are provided. A creditor may collect, or
                                                                     change-in-terms notice must be pro-                        obtain the consumer’s agreement to
                                                                     vided in a tabular format in accordance                    pay, membership fees, including appli-
                                                                     with        the        requirements       of               cation fees excludable from the finance
                                                                     § 1026.9(c)(2)(iv)(D).                                     charge under § 1026.4(c)(1), before pro-
                                                                        (viii) Certain disclosures provided                     viding account-opening disclosures if,
                                                                     when a rate is increased due to delin-                     after receiving the disclosures, the con-
                                                                     quency, default or as a penalty must be                    sumer may reject the plan and have no
                                                                     provided in a tabular format in accord-                    obligation to pay these fees (including
                                                                     ance      with     the    requirements    of               application fees) or any other fee or
                                                                     § 1026.9(g)(3)(ii).                                        charge. A membership fee for purposes
                                                                        (b) Time of disclosures—(1) Account-                    of this paragraph has the same mean-
                                                                     opening disclosures—(i) General rule. The                  ing as a fee for the issuance or avail-
                                                                     creditor shall furnish account-opening                     ability      of   credit   described    in
                                                                     disclosures required by § 1026.6 before                    § 1026.60(b)(2). If the consumer rejects
                                                                     the first transaction is made under the                    the plan, the creditor must promptly
                                                                     plan.                                                      refund the membership fee if it has
                                                                        (ii) Charges imposed as part of an open-                been paid, or take other action nec-
                                                                     end (not home-secured) plan. Charges                       essary to ensure the consumer is not
                                                                     that are imposed as part of an open-end                    obligated to pay that fee or any other
                                                                     (not home-secured) plan and are not re-                    fee or charge.




jspears on DSK121TN23PROD with CFR
                                                                     quired      to      be    disclosed   under                   (B) Home-equity plans. Creditors offer-
                                                                     § 1026.6(b)(2) may be disclosed after ac-                  ing home-equity plans subject to the

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.5

                                                                     requirements of § 1026.40 are not subject                    (i) Periodic statements are mailed or
                                                                     to the requirements of paragraph                           delivered at least 21 days prior to the
                                                                     (b)(1)(iv)(A) of this section.                             date on which the grace period expires;
                                                                        (v) Application fees. A creditor may                    and
                                                                     collect an application fee excludable                        (ii) The creditor does not impose fi-
                                                                     from      the    finance   charge    under                 nance charges as a result of the loss of
                                                                     § 1026.4(c)(1) before providing account-                   the grace period if a payment that sat-
                                                                     opening disclosures. However, if a con-                    isfies the terms of the grace period is
                                                                     sumer rejects the plan after receiving                     received by the creditor within 21 days
                                                                     account-opening disclosures, the con-                      after mailing or delivery of the peri-
                                                                     sumer must have no obligation to pay                       odic statement.
                                                                     such an application fee, or if the fee                       (2) Regardless of whether a grace pe-
                                                                     was paid, it must be refunded. See                         riod applies to the account:
                                                                     § 1026.5(b)(1)(iv)(A).                                       (i) Periodic statements are mailed or
                                                                        (2) Periodic statements—(i) Statement                   delivered at least 14 days prior to the
                                                                     required. The creditor shall mail or de-                   date on which the required minimum
                                                                     liver a periodic statement as required                     periodic payment must be received in
                                                                     by § 1026.7 for each billing cycle at the                  order to avoid being treated as late for
                                                                     end of which an account has a debit or                     any purpose; and
                                                                     credit balance of more than $1 or on                         (ii) The creditor does not treat as late
                                                                     which a finance charge has been im-                        for any purpose a required minimum
                                                                     posed. A periodic statement need not                       periodic payment received by the cred-
                                                                     be sent for an account if the creditor                     itor within 14 days after mailing or de-
                                                                     deems it uncollectible, if delinquency                     livery of the periodic statement.
                                                                     collection proceedings have been insti-                      (3) For purposes of paragraph
                                                                     tuted, if the creditor has charged off                     (b)(2)(ii)(B) of this section, ‘‘grace pe-
                                                                     the account in accordance with loan-                       riod’’ means a period within which any
                                                                                                                                credit extended may be repaid without
                                                                     loss provisions and will not charge any
                                                                                                                                incurring a finance charge due to a
                                                                     additional fees or interest on the ac-
                                                                                                                                periodic interest rate.
                                                                     count, or if furnishing the statement
                                                                                                                                  (3) Credit and charge card application
                                                                     would violate Federal law.
                                                                                                                                and solicitation disclosures. The card
                                                                        (ii) Timing requirements—(A) Credit                     issuer shall furnish the disclosures for
                                                                     card accounts under an open-end (not                       credit and charge card applications and
                                                                     home-secured) consumer credit plan. For                    solicitations in accordance with the
                                                                     credit card accounts under an open-end                     timing requirements of § 1026.60.
                                                                     (not home-secured) consumer credit                           (4) Home-equity plans. Disclosures for
                                                                     plan, a card issuer must adopt reason-                     home-equity plans shall be made in ac-
                                                                     able procedures designed to ensure                         cordance with the timing requirements
                                                                     that:                                                      of § 1026.40(b).
                                                                        (1) Periodic statements are mailed or                     (c) Basis of disclosures and use of esti-
                                                                     delivered at least 21 days prior to the                    mates. Disclosures shall reflect the
                                                                     payment due date disclosed on the                          terms of the legal obligation between
                                                                     statement              pursuant          to                the parties. If any information nec-
                                                                     § 1026.7(b)(11)(i)(A); and                                 essary for accurate disclosure is un-
                                                                        (2) The card issuer does not treat as                   known to the creditor, it shall make
                                                                     late for any purpose a required min-                       the disclosure based on the best infor-
                                                                     imum periodic payment received by                          mation reasonably available and shall
                                                                     the card issuer within 21 days after                       state clearly that the disclosure is an
                                                                     mailing or delivery of the periodic                        estimate.
                                                                     statement disclosing the due date for                        (d) Multiple creditors; multiple con-
                                                                     that payment.                                              sumers. If the credit plan involves more
                                                                        (B) Open-end consumer credit plans.                     than one creditor, only one set of dis-
                                                                     For accounts under an open-end con-                        closures shall be given, and the credi-
                                                                     sumer credit plan, a creditor must                         tors shall agree among themselves
                                                                     adopt reasonable procedures designed                       which creditor must comply with the
                                                                     to ensure that:                                            requirements that this part imposes on




jspears on DSK121TN23PROD with CFR
                                                                        (1) If a grace period applies to the ac-                any or all of them. If there is more
                                                                     count:                                                     than one consumer, the disclosures

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                                                                     § 1026.6                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                     may be made to any consumer who is                            (iv) An explanation of how the
                                                                     primarily liable on the account. If the                    amount of any finance charge will be
                                                                     right of rescission under § 1026.15 is ap-                 determined, including a description of
                                                                     plicable, however, the disclosures re-                     how any finance charge other than the
                                                                     quired by §§ 1026.6 and 1026.15(b) shall be                periodic rate will be determined.
                                                                     made to each consumer having the                              (2) Other charges. The amount of any
                                                                     right to rescind.                                          charge other than a finance charge
                                                                       (e) Effect of subsequent events. If a dis-               that may be imposed as part of the
                                                                     closure becomes inaccurate because of                      plan, or an explanation of how the
                                                                     an event that occurs after the creditor                    charge will be determined.
                                                                     mails or delivers the disclosures, the                        (3) Home-equity plan information. The
                                                                     resulting inaccuracy is not a violation                    following disclosures described in
                                                                     of this part, although new disclosures                     § 1026.40(d), as applicable:
                                                                     may be required under § 1026.9(c).                            (i) A statement of the conditions
                                                                                                                                under which the creditor may take cer-
                                                                     § 1026.6 Account-opening disclosures.                      tain      action,      as    described     in
                                                                        (a) Rules affecting home-equity plans.                  § 1026.40(d)(4)(i), such as terminating
                                                                     The requirements of this paragraph (a)                     the plan or changing the terms.
                                                                     apply only to home-equity plans sub-                          (ii) The payment information de-
                                                                     ject to the requirements of § 1026.40. A                   scribed in § 1026.40(d)(5)(i) and (ii) for
                                                                     creditor shall disclose the items in this                  both the draw period and any repay-
                                                                     section, to the extent applicable:                         ment period.
                                                                        (1) Finance charge. The circumstances                      (iii) A statement that negative amor-
                                                                     under which a finance charge will be                       tization may occur as described in
                                                                     imposed and an explanation of how it                       § 1026.40(d)(9).
                                                                     will be determined, as follows:                               (iv) A statement of any transaction
                                                                        (i) A statement of when finance                         requirements          as     described     in
                                                                     charges begin to accrue, including an                      § 1026.40(d)(10).
                                                                     explanation of whether or not any time                        (v) A statement regarding the tax im-
                                                                     period exists within which any credit                      plications         as      described       in
                                                                     extended may be repaid without incur-                      § 1026.40(d)(11).
                                                                     ring a finance charge. If such a time                         (vi) A statement that the annual per-
                                                                     period is provided, a creditor may, at                     centage rate imposed under the plan
                                                                     its option and without disclosure, im-                     does not include costs other than inter-
                                                                     pose no finance charge when payment                        est as described in § 1026.40(d)(6) and
                                                                     is received after the time period’s expi-                  (d)(12)(ii).
                                                                     ration.                                                       (vii) The variable-rate disclosures de-
                                                                        (ii) A disclosure of each periodic rate                 scribed in § 1026.40(d)(12)(viii), (d)(12)(x),
                                                                     that may be used to compute the fi-                        (d)(12)(xi), and (d)(12)(xii), as well as
                                                                     nance charge, the range of balances to                     the        disclosure       described      in
                                                                     which it is applicable, and the cor-                       § 1026.40(d)(5)(iii), unless the disclosures
                                                                     responding annual percentage rate. If a                    provided with the application were in a
                                                                     creditor offers a variable-rate plan, the                  form the consumer could keep and in-
                                                                     creditor shall also disclose: The cir-                     cluded a representative payment exam-
                                                                     cumstances under which the rate(s)                         ple for the category of payment option
                                                                     may increase; any limitations on the                       chosen by the consumer.
                                                                     increase; and the effect(s) of an in-                         (4) Security interests. The fact that the
                                                                     crease. When different periodic rates                      creditor has or will acquire a security
                                                                     apply to different types of trans-                         interest in the property purchased
                                                                     actions, the types of transactions to                      under the plan, or in other property
                                                                     which the periodic rates shall apply                       identified by item or type.
                                                                     shall also be disclosed. A creditor is                        (5) Statement of billing rights. A state-
                                                                     not required to adjust the range of bal-                   ment that outlines the consumer’s
                                                                     ances disclosure to reflect the balance                    rights and the creditor’s responsibil-
                                                                     below which only a minimum charge                          ities under §§ 1026.12(c) and 1026.13 and
                                                                     applies.                                                   that is substantially similar to the
                                                                        (iii) An explanation of the method                      statement found in Model Form G–3 or,




jspears on DSK121TN23PROD with CFR
                                                                     used to determine the balance on which                     at the creditor’s option, G–3(A), in ap-
                                                                     the finance charge may be computed.                        pendix G to this part.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.6

                                                                       (b) Rules affecting open-end (not home-                  graphs (b)(2)(vii) through (b)(2)(xi) of
                                                                     secured) plans. The requirements of                        this section that vary by state and that
                                                                     paragraph (b) of this section apply to                     provide the disclosures required by
                                                                     plans other than home-equity plans                         paragraph (b) of this section in person
                                                                     subject to the requirements of § 1026.40.                  at the time the open-end (not home-se-
                                                                       (1) Form of disclosures; tabular format                  cured) plan is established in connection
                                                                     for open-end (not home-secured) plans.                     with financing the purchase of goods or
                                                                     Creditors must provide the account-                        services may, at the creditor’s option,
                                                                     opening disclosures specified in para-                     disclose in the account-opening table
                                                                     graph (b)(2)(i) through (b)(2)(v) (except                  the specific fee applicable to the con-
                                                                     for     (b)(2)(i)(D)(2))     and     (b)(2)(vii)           sumer’s account, or the range of the
                                                                     through (b)(2)(xiv) of this section in the                 fees, if the disclosure includes a state-
                                                                     form of a table with the headings, con-                    ment that the amount of the fee varies
                                                                     tent, and format substantially similar                     by state and refers the consumer to the
                                                                     to any of the applicable tables in G–17                    account agreement or other disclosure
                                                                     in appendix G.                                             provided with the account-opening
                                                                       (i) Highlighting. In the table, any an-                  table where the amount of the fee ap-
                                                                     nual percentage rate required to be dis-                   plicable to the consumer’s account is
                                                                     closed pursuant to paragraph (b)(2)(i) of                  disclosed. A creditor may not list fees
                                                                     this section; any introductory rate per-                   for multiple states in the account-
                                                                     mitted to be disclosed pursuant to                         opening summary table.
                                                                     paragraph (b)(2)(i)(B) or required to be                     (iv) Fees based on a percentage. If the
                                                                     disclosed under paragraph (b)(2)(i)(F) of                  amount of any fee required to be dis-
                                                                     this section, any rate that will apply                     closed under this section is determined
                                                                     after a premium initial rate expires                       on the basis of a percentage of another
                                                                     permitted to be disclosed pursuant to                      amount, the percentage used and the
                                                                     paragraph (b)(2)(i)(C) or required to be                   identification of the amount against
                                                                     disclosed      pursuant       to    paragraph              which the percentage is applied may be
                                                                     (b)(2)(i)(F), and any fee or percentage                    disclosed instead of the amount of the
                                                                     amounts or maximum limits on fee                           fee.
                                                                     amounts disclosed pursuant to para-                          (2) Required disclosures for account-
                                                                     graphs (b)(2)(ii), (b)(2)(iv), (b)(2)(vii)                 opening table for open-end (not home-se-
                                                                     through (b)(2)(xii) of this section must                   cured) plans. A creditor shall disclose
                                                                     be disclosed in bold text. However, bold                   the items in this section, to the extent
                                                                     text shall not be used for: The amount                     applicable:
                                                                     of any periodic fee disclosed pursuant                       (i) Annual percentage rate. Each peri-
                                                                     to paragraph (b)(2) of this section that                   odic rate that may be used to compute
                                                                     is not an annualized amount; and other                     the finance charge on an outstanding
                                                                     annual percentage rates or fee amounts                     balance for purchases, a cash advance,
                                                                     disclosed in the table.                                    or a balance transfer, expressed as an
                                                                       (ii) Location. Only the information                      annual percentage rate (as determined
                                                                     required or permitted by paragraphs                        by § 1026.14(b)). When more than one
                                                                     (b)(2)(i)    through     (v)     (except    for            rate applies for a category of trans-
                                                                     (b)(2)(i)(D)(2)) and (b)(2)(vii) through                   actions, the range of balances to which
                                                                     (xiv) of this section shall be in the                      each rate is applicable shall also be dis-
                                                                     table. Disclosures required by para-                       closed. The annual percentage rate for
                                                                     graphs      (b)(2)(i)(D)(2),    (b)(2)(i)(D)(3),           purchases disclosed pursuant to this
                                                                     (b)(2)(vi), and (b)(2)(xv) of this section                 paragraph shall be in at least 16-point
                                                                     shall be placed directly below the                         type, except for the following: A pen-
                                                                     table. Disclosures required by para-                       alty rate that may apply upon the oc-
                                                                     graphs (b)(3) through (5) of this section                  currence of one or more specific events.
                                                                     that are not otherwise required to be in                     (A) Variable-rate information. If a rate
                                                                     the table and other information may be                     disclosed under paragraph (b)(2)(i) of
                                                                     presented with the account agreement                       this section is a variable rate, the cred-
                                                                     or account-opening disclosure state-                       itor shall also disclose the fact that the
                                                                     ment, provided such information ap-                        rate may vary and how the rate is de-
                                                                     pears outside the required table.                          termined. In describing how the appli-




jspears on DSK121TN23PROD with CFR
                                                                       (iii) Fees that vary by state. Creditors                 cable rate will be determined, the cred-
                                                                     that impose fees referred to in para-                      itor must identify the type of index or

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                                                                     § 1026.6                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                     formula that is used in setting the                        section, if a rate may increase as a pen-
                                                                     rate. The value of the index and the                       alty for one or more events specified in
                                                                     amount of the margin that are used to                      the account agreement, such as a late
                                                                     calculate the variable rate shall not be                   payment or an extension of credit that
                                                                     disclosed in the table. A disclosure of                    exceeds the credit limit, the creditor
                                                                     any applicable limitations on rate in-                     must disclose pursuant to paragraph
                                                                     creases or decreases shall not be in-                      (b)(2)(i) of this section the increased
                                                                     cluded in the table.                                       rate that may apply, a brief description
                                                                       (B) Discounted initial rates. If the ini-                of the event or events that may result
                                                                     tial rate is an introductory rate, as                      in the increased rate, and a brief de-
                                                                     that term is defined in § 1026.16(g)(2)(ii),               scription of how long the increased
                                                                     the creditor must disclose the rate that                   rate will remain in effect. If more than
                                                                     would otherwise apply to the account                       one penalty rate may apply, the cred-
                                                                     pursuant to paragraph (b)(2)(i) of this                    itor at its option may disclose the
                                                                     section. Where the rate is not tied to                     highest rate that could apply, instead
                                                                     an index or formula, the creditor must                     of disclosing the specific rates or the
                                                                     disclose the rate that will apply after                    range of rates that could apply.
                                                                     the introductory rate expires. In a                           (2) Introductory rates. If the creditor
                                                                     variable-rate account, the creditor                        discloses in the table an introductory
                                                                     must disclose a rate based on the appli-                   rate, as that term is defined in
                                                                     cable index or formula in accordance                       § 1026.16(g)(2)(ii), creditors must briefly
                                                                     with the accuracy requirements of                          disclose directly beneath the table the
                                                                     paragraph (b)(4)(ii)(G) of this section.                   circumstances under which the intro-
                                                                     Except as provided in paragraph                            ductory rate may be revoked, and the
                                                                     (b)(2)(i)(F) of this section, the creditor                 rate that will apply after the introduc-
                                                                     is not required to, but may disclose in                    tory rate is revoked.
                                                                     the table the introductory rate along                         (3) Employee preferential rates. If a
                                                                     with the rate that would otherwise                         creditor discloses in the table a pref-
                                                                     apply to the account if the creditor                       erential annual percentage rate for
                                                                     also discloses the time period during                      which only employees of the creditor,
                                                                     which the introductory rate will re-                       employees of a third party, or other in-
                                                                     main in effect, and uses the term ‘‘in-                    dividuals with similar affiliations with
                                                                     troductory’’ or ‘‘intro’’ in immediate                     the creditor or third party, such as ex-
                                                                     proximity to the introductory rate.                        ecutive officers, directors, or principal
                                                                       (C) Premium initial rate. If the initial                 shareholders are eligible, the creditor
                                                                     rate is temporary and is higher than                       must briefly disclose directly beneath
                                                                     the rate that will apply after the tem-                    the table the circumstances under
                                                                     porary rate expires, the creditor must                     which such preferential rate may be re-
                                                                     disclose the premium initial rate pur-                     voked, and the rate that will apply
                                                                     suant to paragraph (b)(2)(i) of this sec-                  after such preferential rate is revoked.
                                                                     tion.     Consistent    with     paragraph                    (E) Point of sale where APRs vary by
                                                                     (b)(2)(i) of this section, the premium                     state or based on creditworthiness. Credi-
                                                                     initial rate for purchases must be in at                   tors imposing annual percentage rates
                                                                     least 16-point type. Except as provided                    that vary by state or based on the con-
                                                                     in paragraph (b)(2)(i)(F) of this section,                 sumer’s creditworthiness and providing
                                                                     the creditor is not required to, but may                   the disclosures required by paragraph
                                                                     disclose in the table the rate that will                   (b) of this section in person at the time
                                                                     apply after the premium initial rate                       the open-end (not home-secured) plan
                                                                     expires if the creditor also discloses                     is established in connection with fi-
                                                                     the time period during which the pre-                      nancing the purchase of goods or serv-
                                                                     mium initial rate will remain in effect.                   ices may, at the creditor’s option, dis-
                                                                     If the creditor also discloses in the                      close pursuant to paragraph (b)(2)(i) of
                                                                     table the rate that will apply after the                   this section in the account-opening
                                                                     premium initial rate for purchases ex-                     table:
                                                                     pires, that rate also must be in at least                     (1) The specific annual percentage
                                                                     16-point type.                                             rate applicable to the consumer’s ac-
                                                                       (D) Penalty rates—(1) In general. Ex-                    count; or




jspears on DSK121TN23PROD with CFR
                                                                     cept     as    provided    in    paragraph                    (2) The range of the annual percent-
                                                                     (b)(2)(i)(D)(2) and (b)(2)(i)(D)(3) of this                age rates, if the disclosure includes a

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.6

                                                                     statement that the annual percentage                       its option, disclose in the table min-
                                                                     rate varies by state or will be deter-                     imum interest charges below this
                                                                     mined based on the consumer’s credit-                      threshold.
                                                                     worthiness and refers the consumer to                        (iv) Transaction charges. Any trans-
                                                                     the account agreement or other disclo-                     action charge imposed by the creditor
                                                                     sure provided with the account-opening                     for use of the open-end plan for pur-
                                                                     table where the annual percentage rate                     chases.
                                                                     applicable to the consumer’s account is                      (v) Grace period. The date by which or
                                                                     disclosed. A creditor may not list an-                     the period within which any credit ex-
                                                                     nual percentage rates for multiple                         tended may be repaid without incur-
                                                                     states in the account-opening table.                       ring a finance charge due to a periodic
                                                                       (F) Credit card accounts under an
                                                                                                                                interest rate and any conditions on the
                                                                     open-end (not home-secured) consumer
                                                                                                                                availability of the grace period. If no
                                                                     credit plan. Notwithstanding para-
                                                                                                                                grace period is provided, that fact must
                                                                     graphs (b)(2)(i)(B) and (b)(2)(i)(C) of this
                                                                     section, for credit card accounts under                    be disclosed. If the length of the grace
                                                                     an open-end (not home-secured) plan,                       period varies, the creditor may disclose
                                                                     issuers must disclose in the table:                        the range of days, the minimum num-
                                                                       (1) Any introductory rate as that                        ber of days, or the average number of
                                                                     term is defined in § 1026.16(g)(2)(ii) that                the days in the grace period, if the dis-
                                                                     would apply to the account, consistent                     closure is identified as a range, min-
                                                                     with the requirements of paragraph                         imum, or average. In disclosing in the
                                                                     (b)(2)(i)(B) of this section, and                          tabular format a grace period that ap-
                                                                       (2) Any rate that would apply upon                       plies to all features on the account, the
                                                                     the expiration of a premium initial                        phrase ‘‘How to Avoid Paying Interest’’
                                                                     rate, consistent with the requirements                     shall be used as the heading for the row
                                                                     of paragraph (b)(2)(i)(C) of this section.                 describing the grace period. If a grace
                                                                       (ii) Fees for issuance or availability. (A)              period is not offered on all features of
                                                                     Any annual or other periodic fee that                      the account, in disclosing this fact in
                                                                     may be imposed for the issuance or                         the tabular format, the phrase ‘‘Paying
                                                                     availability of an open-end plan, in-                      Interest’’ shall be used as the heading
                                                                     cluding any fee based on account activ-                    for the row describing this fact.
                                                                     ity or inactivity; how frequently it will                    (vi) Balance computation method. The
                                                                     be imposed; and the annualized amount                      name of the balance computation
                                                                     of the fee.                                                method listed in § 1026.60(g) that is used
                                                                       (B) Any non-periodic fee that relates                    to determine the balance on which the
                                                                     to opening the plan. A creditor must                       finance charge is computed for each
                                                                     disclose that the fee is a one-time fee.                   feature, or an explanation of the meth-
                                                                       (iii) Fixed finance charge; minimum in-                  od used if it is not listed, along with a
                                                                     terest charge. Any fixed finance charge                    statement that an explanation of the
                                                                     and a brief description of the charge.                     method(s)      required   by    paragraph
                                                                     Any minimum interest charge if it ex-                      (b)(4)(i)(D) of this section is provided
                                                                     ceeds $1.00 that could be imposed dur-                     with the account-opening disclosures.
                                                                     ing a billing cycle, and a brief descrip-                  In determining which balance com-
                                                                     tion of the charge. The $1.00 threshold                    putation method to disclose, the cred-
                                                                     amount shall be adjusted periodically
                                                                                                                                itor shall assume that credit extended
                                                                     by the Bureau to reflect changes in the
                                                                                                                                will not be repaid within any grace pe-
                                                                     Consumer Price Index. The Bureau
                                                                                                                                riod, if any.
                                                                     shall calculate each year a price level
                                                                     adjusted minimum interest charge                             (vii) Cash advance fee. Any fee im-
                                                                     using the Consumer Price Index in ef-                      posed for an extension of credit in the
                                                                     fect on the June 1 of that year. When                      form of cash or its equivalent.
                                                                     the cumulative change in the adjusted                        (viii) Late payment fee. Any fee im-
                                                                     minimum value derived from applying                        posed for a late payment.
                                                                     the annual Consumer Price level to the                       (ix) Over-the-limit fee. Any fee im-
                                                                     current minimum interest charge                            posed for exceeding a credit limit.
                                                                     threshold has risen by a whole dollar,                       (x) Balance transfer fee. Any fee im-




jspears on DSK121TN23PROD with CFR
                                                                     the minimum interest charge will be                        posed to transfer an outstanding bal-
                                                                     increased by $1.00. The creditor may, at                   ance.

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                                                                     § 1026.6                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                        (xi) Returned-payment fee. Any fee im-                     (xiv) Web site reference. For issuers of
                                                                     posed by the creditor for a returned                       credit cards that are not charge cards,
                                                                     payment.                                                   a reference to the Web site established
                                                                        (xii) Required insurance, debt cancella-                by the Bureau and a statement that
                                                                     tion or debt suspension coverage. (A) A                    consumers may obtain on the Web site
                                                                     fee     for    insurance      described    in              information about shopping for and
                                                                     § 1026.4(b)(7) or debt cancellation or sus-                using credit cards. Until January 1,
                                                                     pension       coverage       described     in              2013, issuers may substitute for this
                                                                     § 1026.4(b)(10), if the insurance, or debt                 reference a reference to the Web site
                                                                     cancellation or suspension coverage is                     established by the Board of Governors
                                                                     required as part of the plan; and                          of the Federal Reserve System.
                                                                        (B) A cross reference to any addi-                         (xv) Billing error rights reference. A
                                                                     tional information provided about the                      statement that information about con-
                                                                     insurance or coverage, as applicable.                      sumers’ right to dispute transactions is
                                                                        (xiii) Available credit. If a creditor re-              included in the account-opening disclo-
                                                                     quires fees for the issuance or avail-                     sures.
                                                                     ability of credit described in paragraph                      (3) Disclosure of charges imposed as
                                                                     (b)(2)(ii) of this section, or requires a                  part of open-end (not home-secured)
                                                                     security deposit for such credit, and                      plans. A creditor shall disclose, to the
                                                                     the total amount of those required fees                    extent applicable:
                                                                     and/or security deposit that will be im-                      (i) For charges imposed as part of an
                                                                     posed and charged to the account when                      open-end (not home-secured) plan, the
                                                                     the account is opened is 15 percent or                     circumstances under which the charge
                                                                     more of the minimum credit limit for                       may be imposed, including the amount
                                                                     the plan, a creditor must disclose the                     of the charge or an explanation of how
                                                                     available credit remaining after these                     the charge is determined. For finance
                                                                     fees or security deposit are debited to                    charges, a statement of when the
                                                                     the account. The determination wheth-                      charge begins to accrue and an expla-
                                                                     er the 15 percent threshold is met must                    nation of whether or not any time pe-
                                                                     be based on the minimum credit limit                       riod exists within which any credit
                                                                     for the plan. However, the disclosure                      that has been extended may be repaid
                                                                     provided under this paragraph must be                      without incurring the charge. If such a
                                                                     based on the actual initial credit limit                   time period is provided, a creditor may,
                                                                     provided on the account. In deter-                         at its option and without disclosure,
                                                                     mining whether the 15 percent thresh-                      elect not to impose a finance charge
                                                                     old test is met, the creditor must only                    when payment is received after the
                                                                     consider fees for issuance or avail-                       time period expires.
                                                                     ability of credit, or a security deposit,                     (ii) Charges imposed as part of the
                                                                     that are required. If fees for issuance or                 plan are:
                                                                     availability are optional, these fees                         (A) Finance charges identified under
                                                                     should not be considered in deter-                         § 1026.4(a) and § 1026.4(b).
                                                                     mining whether the disclosure must be                         (B) Charges resulting from the con-
                                                                     given. Nonetheless, if the 15 percent                      sumer’s failure to use the plan as
                                                                     threshold test is met, the creditor in                     agreed, except amounts payable for
                                                                     providing the disclosure must disclose                     collection activity after default, attor-
                                                                     the amount of available credit cal-                        ney’s fees whether or not automati-
                                                                     culated by excluding those optional                        cally imposed, and post-judgment in-
                                                                     fees, and the available credit including                   terest rates permitted by law.
                                                                     those optional fees. The creditor shall                       (C) Taxes imposed on the credit
                                                                     also disclose that the consumer has the                    transaction by a state or other govern-
                                                                     right to reject the plan and not be obli-                  mental body, such as documentary
                                                                     gated to pay those fees or any other fee                   stamp taxes on cash advances.
                                                                     or charges until the consumer has used                        (D) Charges for which the payment,
                                                                     the account or made a payment on the                       or nonpayment, affect the consumer’s
                                                                     account after receiving a periodic                         access to the plan, the duration of the
                                                                     statement. This paragraph does not                         plan, the amount of credit extended,
                                                                     apply with respect to fees or security                     the period for which credit is extended,




jspears on DSK121TN23PROD with CFR
                                                                     deposits that are not debited to the ac-                   or the timing or method of billing or
                                                                     count.                                                     payment.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.6

                                                                       (E) Charges imposed for terminating                        (D) Balance computation method. An
                                                                     a plan.                                                    explanation of the method used to de-
                                                                       (F) Charges for voluntary credit in-                     termine the balance to which the rate
                                                                     surance, debt cancellation or debt sus-                    is applied.
                                                                     pension.                                                     (ii) Variable-rate accounts. For inter-
                                                                       (iii) Charges that are not imposed as                    est rate changes that are tied to in-
                                                                     part of the plan include:                                  creases in an index or formula (vari-
                                                                       (A) Charges imposed on a cardholder                      able-rate accounts) specifically set
                                                                     by an institution other than the card                      forth in the account agreement:
                                                                     issuer for the use of the other institu-                     (A) The fact that the annual percent-
                                                                     tion’s ATM in a shared or interchange                      age rate may increase.
                                                                     system.                                                      (B) How the rate is determined, in-
                                                                       (B) A charge for a package of services                   cluding the margin.
                                                                     that includes an open-end credit fea-                        (C) The circumstances under which
                                                                     ture, if the fee is required whether or                    the rate may increase.
                                                                     not the open-end credit feature is in-                       (D) The frequency with which the
                                                                     cluded and the non-credit services are                     rate may increase.
                                                                     not merely incidental to the credit fea-                     (E) Any limitation on the amount
                                                                     ture.                                                      the rate may change.
                                                                                                                                  (F) The effect(s) of an increase.
                                                                       (C) Charges under § 1026.4(e) disclosed
                                                                                                                                  (G) Except as specified in paragraph
                                                                     as specified.
                                                                                                                                (b)(4)(ii)(H) of this section, a rate is ac-
                                                                       (D) With regard to a covered separate
                                                                                                                                curate if it is a rate as of a specified
                                                                     credit feature and an asset feature on a
                                                                                                                                date and this rate was in effect within
                                                                     prepaid account that are both acces-
                                                                                                                                the last 30 days before the disclosures
                                                                     sible by a hybrid prepaid-credit card as
                                                                                                                                are provided.
                                                                     defined in § 1026.61, any fee or charge
                                                                                                                                  (H) Creditors imposing annual per-
                                                                     imposed on the asset feature of the pre-
                                                                                                                                centage rates that vary according to an
                                                                     paid account to the extent that the
                                                                                                                                index that is not under the creditor’s
                                                                     amount of the fee or charge does not
                                                                                                                                control that provide the disclosures re-
                                                                     exceed comparable fees or charges im-
                                                                                                                                quired by paragraph (b) of this section
                                                                     posed on prepaid accounts in the same
                                                                                                                                in person at the time the open-end (not
                                                                     prepaid account program that do not
                                                                                                                                home-secured) plan is established in
                                                                     have a covered separate credit feature
                                                                                                                                connection with financing the purchase
                                                                     accessible by a hybrid prepaid-credit
                                                                                                                                of goods or services may disclose in the
                                                                     card.
                                                                                                                                table a rate, or range of rates to the ex-
                                                                       (E) With regard to a non-covered sep-                    tent permitted by § 1026.6(b)(2)(i)(E),
                                                                     arate credit feature accessible by a pre-                  that was in effect within the last 90
                                                                     paid card as defined in § 1026.61, any fee                 days before the disclosures are pro-
                                                                     or charge imposed on the asset feature                     vided, along with a reference directing
                                                                     of the prepaid account.                                    the consumer to the account agree-
                                                                       (4) Disclosure of rates for open-end (not                ment or other disclosure provided with
                                                                     home-secured) plans. A creditor shall                      the account-opening table where an an-
                                                                     disclose, to the extent applicable:                        nual percentage rate applicable to the
                                                                       (i) For each periodic rate that may be                   consumer’s account in effect within the
                                                                     used to calculate interest:                                last 30 days before the disclosures are
                                                                       (A) Rates. The rate, expressed as a                      provided is disclosed.
                                                                     periodic rate and a corresponding an-                        (iii) Rate changes not due to index or
                                                                     nual percentage rate.                                      formula. For interest rate changes that
                                                                       (B) Range of balances. The range of                      are specifically set forth in the account
                                                                     balances to which the rate is applica-                     agreement and not tied to increases in
                                                                     ble; however, a creditor is not required                   an index or formula:
                                                                     to adjust the range of balances disclo-                      (A) The initial rate (expressed as a
                                                                     sure to reflect the balance below which                    periodic rate and a corresponding an-
                                                                     only a minimum charge applies.                             nual percentage rate) required under
                                                                       (C) Type of transaction. The type of                     paragraph (b)(4)(i)(A) of this section.
                                                                     transaction to which the rate applies,                       (B) How long the initial rate will re-




jspears on DSK121TN23PROD with CFR
                                                                     if different rates apply to different                      main in effect and the specific events
                                                                     types of transactions.                                     that cause the initial rate to change.

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                                                                     § 1026.7                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                        (C) The rate (expressed as a periodic                     (2) Identification of transactions. An
                                                                     rate and a corresponding annual per-                       identification of each credit trans-
                                                                     centage rate) that will apply when the                     action in accordance with § 1026.8.
                                                                     initial rate is no longer in effect and                      (3) Credits. Any credit to the account
                                                                     any limitation on the time period the                      during the billing cycle, including the
                                                                     new rate will remain in effect.                            amount and the date of crediting. The
                                                                        (D) The balances to which the new                       date need not be provided if a delay in
                                                                     rate will apply.                                           accounting does not result in any fi-
                                                                        (E) The balances to which the cur-                      nance or other charge.
                                                                     rent rate at the time of the change will                     (4) Periodic rates. (i) Except as pro-
                                                                     apply.                                                     vided in paragraph (a)(4)(ii) of this sec-
                                                                                                                                tion, each periodic rate that may be
                                                                        (5) Additional disclosures for open-end
                                                                                                                                used to compute the finance charge,
                                                                     (not home-secured) plans. A creditor
                                                                                                                                the range of balances to which it is ap-
                                                                     shall disclose, to the extent applicable:
                                                                                                                                plicable, and the corresponding annual
                                                                        (i) Voluntary credit insurance, debt                    percentage rate. If no finance charge is
                                                                     cancellation or debt suspension. The dis-                  imposed when the outstanding balance
                                                                     closures in § 1026.4(d)(1)(i) and (d)(1)(ii)               is less than a certain amount, the cred-
                                                                     and (d)(3)(i) through (d)(3)(iii) if the                   itor is not required to disclose that
                                                                     creditor offers optional credit insur-                     fact, or the balance below which no fi-
                                                                     ance or debt cancellation or debt sus-                     nance charge will be imposed. If dif-
                                                                     pension coverage that is identified in                     ferent periodic rates apply to different
                                                                     § 1026.4(b)(7) or (b)(10).                                 types of transactions, the types of
                                                                        (ii) Security interests. The fact that                  transactions to which the periodic
                                                                     the creditor has or will acquire a secu-                   rates apply shall also be disclosed. For
                                                                     rity interest in the property purchased                    variable-rate plans, the fact that the
                                                                     under the plan, or in other property                       periodic rate(s) may vary.
                                                                     identified by item or type.                                  (ii) Exception. An annual percentage
                                                                        (iii) Statement of billing rights. A                    rate that differs from the rate that
                                                                     statement that outlines the consumer’s                     would otherwise apply and is offered
                                                                     rights and the creditor’s responsibil-                     only for a promotional period need not
                                                                     ities under §§ 1026.12(c) and 1026.13 and                  be disclosed except in periods in which
                                                                     that is substantially similar to the                       the offered rate is actually applied.
                                                                     statement found in Model Form G–3(A)                         (5) Balance on which finance charge
                                                                     in appendix G to this part.                                computed. The amount of the balance to
                                                                                                                                which a periodic rate was applied and
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 81
                                                                     FR 84369, Nov. 22, 2016]                                   an explanation of how that balance was
                                                                                                                                determined. When a balance is deter-
                                                                     § 1026.7      Periodic statement.                          mined without first deducting all cred-
                                                                                                                                its and payments made during the bill-
                                                                        The creditor shall furnish the con-                     ing cycle, the fact and the amount of
                                                                     sumer with a periodic statement that                       the credits and payments shall be dis-
                                                                     discloses the following items, to the                      closed.
                                                                     extent applicable:                                           (6) Amount of finance charge and other
                                                                        (a) Rules affecting home-equity plans.                  charges. Creditors may comply with
                                                                     The requirements of paragraph (a) of                       paragraphs (a)(6) of this section, or
                                                                     this section apply only to home-equity                     with paragraph (b)(6) of this section, at
                                                                     plans subject to the requirements of                       their option.
                                                                     § 1026.40. Alternatively, a creditor sub-                    (i) Finance charges. The amount of
                                                                     ject to this paragraph may, at its op-                     any finance charge debited or added to
                                                                     tion, comply with any of the require-                      the account during the billing cycle,
                                                                     ments of paragraph (b) of this section;                    using the term finance charge. The
                                                                     however, any creditor that chooses not                     components of the finance charge shall
                                                                     to provide a disclosure under paragraph                    be individually itemized and identified
                                                                     (a)(7) of this section must comply with                    to show the amount(s) due to the appli-
                                                                     paragraph (b)(6) of this section.                          cation of any periodic rates and the
                                                                        (1) Previous balance. The account bal-                  amounts(s) of any other type of finance




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                                                                     ance outstanding at the beginning of                       charge. If there is more than one peri-
                                                                     the billing cycle.                                         odic rate, the amount of the finance

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.7

                                                                     charge attributable to each rate need                      standing balance is less than a certain
                                                                     not be separately itemized and identi-                     amount, the creditor is not required to
                                                                     fied.                                                      disclose that fact, or the balance below
                                                                        (ii) Other charges. The amounts,                        which no interest charge will be im-
                                                                     itemized and identified by type, of any                    posed. The types of transactions to
                                                                     charges other than finance charges                         which the periodic rates apply shall
                                                                     debited to the account during the bill-                    also be disclosed. For variable-rate
                                                                     ing cycle.                                                 plans, the fact that the annual percent-
                                                                        (7) Annual percentage rate. At a credi-                 age rate may vary.
                                                                     tor’s option, when a finance charge is                       (ii) Exception. A promotional rate, as
                                                                     imposed during the billing cycle, the                      that term is defined in § 1026.16(g)(2)(i),
                                                                     annual percentage rate(s) determined                       is required to be disclosed only in peri-
                                                                     under § 1026.14(c) using the term annual                   ods in which the offered rate is actu-
                                                                     percentage rate.                                           ally applied.
                                                                        (8) Grace period. The date by which or                    (5) Balance on which finance charge
                                                                     the time period within which the new                       computed. The amount of the balance to
                                                                     balance or any portion of the new bal-                     which a periodic rate was applied and
                                                                     ance must be paid to avoid additional                      an explanation of how that balance was
                                                                     finance charges. If such a time period                     determined, using the term Balance
                                                                     is provided, a creditor may, at its op-                    Subject to Interest Rate. When a balance
                                                                     tion and without disclosure, impose no                     is determined without first deducting
                                                                     finance charge if payment is received                      all credits and payments made during
                                                                     after the time period’s expiration.
                                                                                                                                the billing cycle, the fact and the
                                                                        (9) Address for notice of billing errors.
                                                                                                                                amount of the credits and payments
                                                                     The address to be used for notice of
                                                                                                                                shall be disclosed. As an alternative to
                                                                     billing errors. Alternatively, the ad-
                                                                                                                                providing an explanation of how the
                                                                     dress may be provided on the billing
                                                                                                                                balance was determined, a creditor
                                                                     rights      statement     permitted      by
                                                                                                                                that uses a balance computation meth-
                                                                     § 1026.9(a)(2).
                                                                                                                                od identified in § 1026.60(g) may, at the
                                                                        (10) Closing date of billing cycle; new
                                                                                                                                creditor’s option, identify the name of
                                                                     balance. The closing date of the billing
                                                                                                                                the balance computation method and
                                                                     cycle and the account balance out-
                                                                                                                                provide a toll-free telephone number
                                                                     standing on that date.
                                                                        (b) Rules affecting open-end (not home-                 where consumers may obtain from the
                                                                     secured) plans. The requirements of                        creditor more information about the
                                                                     paragraph (b) of this section apply only                   balance computation method and how
                                                                     to plans other than home-equity plans                      resulting interest charges were deter-
                                                                     subject to the requirements of § 1026.40.                  mined. If the method used is not identi-
                                                                        (1) Previous balance. The account bal-                  fied in § 1026.60(g), the creditor shall
                                                                     ance outstanding at the beginning of                       provide a brief explanation of the
                                                                     the billing cycle.                                         method used.
                                                                        (2) Identification of transactions. An                    (6) Charges imposed. (i) The amounts
                                                                     identification of each credit trans-                       of any charges imposed as part of a
                                                                     action in accordance with § 1026.8.                        plan as stated in § 1026.6(b)(3), grouped
                                                                        (3) Credits. Any credit to the account                  together, in proximity to transactions
                                                                     during the billing cycle, including the                    identified under paragraph (b)(2) of this
                                                                     amount and the date of crediting. The                      section, substantially similar to Sam-
                                                                     date need not be provided if a delay in                    ple G–18(A) in appendix G to this part.
                                                                     crediting does not result in any finance                     (ii) Interest. Finance charges attrib-
                                                                     or other charge.                                           utable to periodic interest rates, using
                                                                        (4) Periodic rates. (i) Except as pro-                  the term Interest Charge, must be
                                                                     vided in paragraph (b)(4)(ii) of this sec-                 grouped together under the heading In-
                                                                     tion, each periodic rate that may be                       terest Charged, itemized and totaled by
                                                                     used to compute the interest charge ex-                    type of transaction, and a total of fi-
                                                                     pressed as an annual percentage rate                       nance charges attributable to periodic
                                                                     and using the term Annual Percentage                       interest rates, using the term Total In-
                                                                     Rate, along with the range of balances                     terest, must be disclosed for the state-




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                                                                     to which it is applicable. If no interest                  ment period and calendar year to date,
                                                                     charge is imposed when the out-                            using a format substantially similar to

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                                                                     § 1026.7                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                     Sample G–18(A) in appendix G to this                         (A) The due date for a payment. The
                                                                     part.                                                      due date disclosed pursuant to this
                                                                        (iii) Fees. Charges imposed as part of                  paragraph shall be the same day of the
                                                                     the plan other than charges attrib-                        month for each billing cycle.
                                                                     utable to periodic interest rates must                       (B) The amount of any late payment
                                                                     be grouped together under the heading                      fee and any increased periodic rate(s)
                                                                     Fees, identified consistent with the fea-                  (expressed as an annual percentage
                                                                     ture or type, and itemized, and a total                    rate(s)) that may be imposed on the ac-
                                                                     of charges, using the term Fees, must                      count as a result of a late payment. If
                                                                     be disclosed for the statement period                      a range of late payment fees may be as-
                                                                     and calendar year to date, using a for-                    sessed, the card issuer may state the
                                                                     mat substantially similar to Sample G–                     range of fees, or the highest fee and an
                                                                     18(A) in appendix G to this part.                          indication that the fee imposed could
                                                                        (7) Change-in-terms and increased pen-                  be lower. If the rate may be increased
                                                                     alty rate summary for open-end (not                        for more than one feature or balance,
                                                                     home-secured) plans. Creditors that pro-                   the card issuer may state the range of
                                                                     vide a change-in-terms notice required                     rates or the highest rate that could
                                                                     by § 1026.9(c), or a rate increase notice                  apply and at the issuer’s option an in-
                                                                     required by § 1026.9(g), on or with the                    dication that the rate imposed could be
                                                                     periodic statement, must disclose the                      lower.
                                                                     information in § 1026.9(c)(2)(iv)(A) and                     (ii) Exception. The requirements of
                                                                     (c)(2)(iv)(B)       (if  applicable)     or                paragraph (b)(11)(i) of this section do
                                                                     § 1026.9(g)(3)(i) on the periodic state-                   not apply to the following:
                                                                     ment in accordance with the format re-                       (A) Periodic statements provided
                                                                     quirements in § 1026.9(c)(2)(iv)(D), and                   solely for charge card accounts, other
                                                                     § 1026.9(g)(3)(ii). See Forms G–18(F) and                  than covered separate credit features
                                                                     G–18(G) in appendix G to this part.                        that are charge card accounts acces-
                                                                                                                                sible by hybrid prepaid-credit cards as
                                                                        (8) Grace period. The date by which or
                                                                                                                                defined in § 1026.61; and
                                                                     the time period within which the new
                                                                                                                                  (B) Periodic statements provided for
                                                                     balance or any portion of the new bal-
                                                                                                                                a charged-off account where payment
                                                                     ance must be paid to avoid additional                      of the entire account balance is due im-
                                                                     finance charges. If such a time period                     mediately.
                                                                     is provided, a creditor may, at its op-                      (12) Repayment disclosures—(i) In gen-
                                                                     tion and without disclosure, impose no                     eral. Except as provided in paragraphs
                                                                     finance charge if payment is received                      (b)(12)(ii) and (b)(12)(v) of this section,
                                                                     after the time period’s expiration.                        for a credit card account under an
                                                                        (9) Address for notice of billing errors.               open-end (not home-secured) consumer
                                                                     The address to be used for notice of                       credit plan, a card issuer must provide
                                                                     billing errors. Alternatively, the ad-                     the following disclosures on each peri-
                                                                     dress may be provided on the billing                       odic statement:
                                                                     rights      statement      permitted     by                  (A) The following statement with a
                                                                     § 1026.9(a)(2).                                            bold heading: ‘‘Minimum Payment
                                                                        (10) Closing date of billing cycle; new                 Warning: If you make only the min-
                                                                     balance. The closing date of the billing                   imum payment each period, you will
                                                                     cycle and the account balance out-                         pay more in interest and it will take
                                                                     standing on that date. The new balance                     you longer to pay off your balance;’’
                                                                     must be disclosed in accordance with                         (B) The minimum payment repay-
                                                                     the format requirements of paragraph                       ment estimate, as described in appen-
                                                                     (b)(13) of this section.                                   dix M1 to this part. If the minimum
                                                                        (11) Due date; late payment costs. (i)                  payment repayment estimate is less
                                                                     Except as provided in paragraph                            than 2 years, the card issuer must dis-
                                                                     (b)(11)(ii) of this section and in accord-                 close the estimate in months. Other-
                                                                     ance with the format requirements in                       wise, the estimate must be disclosed in
                                                                     paragraph (b)(13) of this section, for a                   years and rounded to the nearest whole
                                                                     credit card account under an open-end                      year;
                                                                     (not home-secured) consumer credit                           (C) The minimum payment total cost




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                                                                     plan, a card issuer must provide on                        estimate, as described in appendix M1
                                                                     each periodic statement:                                   to this part. The minimum payment

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.7

                                                                     total cost estimate must be rounded ei-                    odic statement pursuant to paragraph
                                                                     ther to the nearest whole dollar or to                     (b)(12)(i)(B) of this section after round-
                                                                     the nearest cent, at the card issuer’s                     ing is three years or less;
                                                                     option;                                                      (ii) The estimated monthly payment
                                                                       (D) A statement that the minimum                         for repayment in 36 months, as de-
                                                                     payment repayment estimate and the                         scribed in appendix M1 to this part,
                                                                     minimum payment total cost estimate                        after rounding as set forth in para-
                                                                     are based on the current outstanding                       graph (b)(12)(i)(F)(1)(i) of this section
                                                                     balance shown on the periodic state-                       that is calculated for a particular bill-
                                                                     ment. A statement that the minimum                         ing cycle is less than the minimum
                                                                     payment repayment estimate and the                         payment required for the plan for that
                                                                     minimum payment total cost estimate                        billing cycle; and
                                                                     are based on the assumption that only                        (iii) A billing cycle where an account
                                                                     minimum payments are made and no                           has both a balance in a revolving fea-
                                                                     other amounts are added to the bal-                        ture where the required minimum pay-
                                                                     ance;                                                      ments for this feature will not amor-
                                                                       (E) A toll-free telephone number                         tize that balance in a fixed amount of
                                                                     where the consumer may obtain from                         time specified in the account agree-
                                                                     the card issuer information about cred-                    ment and a balance in a fixed repay-
                                                                     it counseling services consistent with                     ment feature where the required min-
                                                                     paragraph (b)(12)(iv) of this section;                     imum payment for this fixed repay-
                                                                     and                                                        ment feature will amortize that bal-
                                                                       (F)(1) Except as provided in para-                       ance in a fixed amount of time speci-
                                                                     graph (b)(12)(i)(F)(2) of this section, the                fied in the account agreement which is
                                                                     following disclosures:                                     less than 36 months.
                                                                       (i) The estimated monthly payment                          (ii) Negative or no amortization. If neg-
                                                                     for repayment in 36 months, as de-                         ative or no amortization occurs when
                                                                     scribed in appendix M1 to this part.                       calculating the minimum payment re-
                                                                     The estimated monthly payment for                          payment estimate as described in ap-
                                                                     repayment in 36 months must be                             pendix M1 of this part, a card issuer
                                                                     rounded either to the nearest whole                        must provide the following disclosures
                                                                     dollar or to the nearest cent, at the                      on the periodic statement instead of
                                                                     card issuer’s option;                                      the disclosures set forth in paragraph
                                                                       (ii) A statement that the card issuer                    (b)(12)(i) of this section:
                                                                     estimates that the consumer will repay                       (A) The following statement: ‘‘Min-
                                                                     the outstanding balance shown on the                       imum Payment Warning: Even if you
                                                                     periodic statement in 3 years if the                       make no more charges using this card,
                                                                     consumer pays the estimated monthly                        if you make only the minimum pay-
                                                                     payment each month for 3 years;                            ment each month we estimate you will
                                                                       (iii) The total cost estimate for re-                    never pay off the balance shown on this
                                                                     payment in 36 months, as described in                      statement because your payment will
                                                                     appendix M1 to this part. The total                        be less than the interest charged each
                                                                     cost estimate for repayment in 36                          month’’;
                                                                     months must be rounded either to the                         (B) The following statement: ‘‘If you
                                                                     nearest whole dollar or to the nearest                     make more than the minimum pay-
                                                                     cent, at the card issuer’s option; and                     ment each period, you will pay less in
                                                                       (iv) The savings estimate for repay-                     interest and pay off your balance soon-
                                                                     ment in 36 months, as described in ap-                     er’’;
                                                                     pendix M1 to this part. The savings es-                      (C) The estimated monthly payment
                                                                     timate for repayment in 36 months                          for repayment in 36 months, as de-
                                                                     must be rounded either to the nearest                      scribed in appendix M1 to this part.
                                                                     whole dollar or to the nearest cent, at                    The estimated monthly payment for
                                                                     the card issuer’s option.                                  repayment in 36 months must be
                                                                       (2) The requirements of paragraph                        rounded either to the nearest whole
                                                                     (b)(12)(i)(F)(1) of this section do not                    dollar or to the nearest cent, at the
                                                                     apply to a periodic statement in any of                    issuer’s option;
                                                                     the following circumstances:                                 (D) A statement that the card issuer




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                                                                       (i) The minimum payment repayment                        estimates that the consumer will repay
                                                                     estimate that is disclosed on the peri-                    the outstanding balance shown on the

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                                                                     § 1026.8                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                     periodic statement in 3 years if the                       balance on the account for that billing
                                                                     consumer pays the estimated monthly                        cycle.
                                                                     payment each month for 3 years; and                          (13) Format requirements. The due date
                                                                       (E) A toll-free telephone number                         required by paragraph (b)(11) of this
                                                                     where the consumer may obtain from                         section shall be disclosed on the front
                                                                     the card issuer information about cred-                    of the first page of the periodic state-
                                                                     it counseling services consistent with                     ment. The amount of the late payment
                                                                     paragraph (b)(12)(iv) of this section.                     fee and the annual percentage rate(s)
                                                                       (iii) Format requirements. A card                        required by paragraph (b)(11) of this
                                                                     issuer must provide the disclosures re-                    section shall be stated in close prox-
                                                                     quired by paragraph (b)(12)(i) or                          imity to the due date. The ending bal-
                                                                     (b)(12)(ii) of this section in accordance                  ance required by paragraph (b)(10) of
                                                                     with the format requirements of para-                      this section and the disclosures re-
                                                                     graph (b)(13) of this section, and in a                    quired by paragraph (b)(12) of this sec-
                                                                     format substantially similar to Sam-                       tion shall be disclosed closely proxi-
                                                                     ples G–18(C)(1), G–18(C)(2) and G–                         mate to the minimum payment due.
                                                                     18(C)(3) in appendix G to this part, as                    The due date, late payment fee and an-
                                                                     applicable.                                                nual percentage rate, ending balance,
                                                                       (iv) Provision of information about                      minimum payment due, and disclosures
                                                                     credit counseling services—(A) Required                    required by paragraph (b)(12) of this
                                                                     information. To the extent available                       section shall be grouped together. Sam-
                                                                     from the United States Trustee or a                        ple G–18(D) in appendix G to this part
                                                                     bankruptcy administrator, a card                           sets forth an example of how these
                                                                     issuer must provide through the toll-                      terms may be grouped.
                                                                     free telephone number disclosed pursu-                       (14) Deferred interest or similar trans-
                                                                     ant to paragraphs (b)(12)(i) or (b)(12)(ii)                actions. For accounts with an out-
                                                                     of this section the name, street ad-                       standing balance subject to a deferred
                                                                     dress, telephone number, and Web site                      interest or similar program, the date
                                                                     address for at least three organizations                   by which that outstanding balance
                                                                     that have been approved by the United                      must be paid in full in order to avoid
                                                                     States Trustee or a bankruptcy admin-                      the obligation to pay finance charges
                                                                     istrator pursuant to 11 U.S.C. 111(a)(1)                   on such balance must be disclosed on
                                                                     to provide credit counseling services                      the front of any page of each periodic
                                                                     in, at the card issuer’s option, either                    statement issued during the deferred
                                                                     the state in which the billing address                     interest period beginning with the first
                                                                     for the account is located or the state                    periodic statement issued during the
                                                                     specified by the consumer.                                 deferred interest period that reflects
                                                                       (B) Updating required information. At                    the deferred interest or similar trans-
                                                                     least annually, a card issuer must up-                     action. The disclosure provided pursu-
                                                                     date the information provided pursuant                     ant to this paragraph must be substan-
                                                                     to paragraph (b)(12)(iv)(A) of this sec-                   tially similar to Sample G–18(H) in ap-
                                                                     tion for consistency with the informa-                     pendix G to this part.
                                                                     tion available from the United States                      [76 FR 79772, Dec. 22, 2011, as amended at 81
                                                                     Trustee or a bankruptcy adminis-                           FR 84369, Nov. 22, 2016]
                                                                     trator.
                                                                       (v) Exemptions. Paragraph (b)(12) of                     § 1026.8 Identifying transactions         on
                                                                     this section does not apply to:                                periodic statements.
                                                                       (A) Charge card accounts that re-                          The creditor shall identify credit
                                                                     quire payment of outstanding balances                      transactions on or with the first peri-
                                                                     in full at the end of each billing cycle;                  odic statement that reflects the trans-
                                                                       (B) A billing cycle immediately fol-                     action by furnishing the following in-
                                                                     lowing two consecutive billing cycles                      formation, as applicable:
                                                                     in which the consumer paid the entire                        (a) Sale credit. (1) Except as provided
                                                                     balance in full, had a zero outstanding                    in paragraph (a)(2) of this section, for
                                                                     balance or had a credit balance; and                       each credit transaction involving the
                                                                       (C) A billing cycle where paying the                     sale of property or services, the cred-




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                                                                     minimum payment due for that billing                       itor must disclose the amount and date
                                                                     cycle will pay the entire outstanding                      of the transaction, and either:

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                                                                     Consumer Financial Protection Bureau                                                                 § 1026.9

                                                                        (i) A brief identification of the prop-                 procedures reasonably adapted to ob-
                                                                     erty or services purchased, for credi-                     tain the required information.
                                                                     tors and sellers that are the same or                        (2) As an alternative to the brief
                                                                     related; or                                                identification for sale or nonsale cred-
                                                                        (ii) The seller’s name; and the city                    it, the creditor may disclose a number
                                                                     and state or foreign country where the                     or symbol that also appears on the re-
                                                                     transaction took place. The creditor                       ceipt or other credit document given to
                                                                     may omit the address or provide any                        the consumer, if the number or symbol
                                                                     suitable designation that helps the                        reasonably identifies that transaction
                                                                     consumer to identify the transaction                       with that creditor.
                                                                     when the transaction took place at a
                                                                     location that is not fixed; took place in                  § 1026.9 Subsequent             disclosure     re-
                                                                     the consumer’s home; or was a mail,                            quirements.
                                                                     Internet, or telephone order.                                 (a) Furnishing statement of billing
                                                                        (2) Creditors need not comply with                      rights—(1) Annual statement. The cred-
                                                                     paragraph (a)(1) of this section if an ac-                 itor shall mail or deliver the billing
                                                                     tual copy of the receipt or other credit                   rights      statement        required     by
                                                                     document is provided with the first                        § 1026.6(a)(5) and (b)(5)(iii) at least once
                                                                     periodic statement reflecting the                          per calendar year, at intervals of not
                                                                     transaction, and the amount of the                         less than 6 months nor more than 18
                                                                     transaction and either the date of the                     months, either to all consumers or to
                                                                     transaction to the consumer’s account
                                                                                                                                each consumer entitled to receive a
                                                                     or the date of debiting the transaction
                                                                                                                                periodic statement under § 1026.5(b)(2)
                                                                     are disclosed on the copy or on the
                                                                                                                                for any one billing cycle.
                                                                     periodic statement.
                                                                        (b) Nonsale credit. For each credit                        (2) Alternative summary statement. As
                                                                     transaction not involving the sale of                      an alternative to paragraph (a)(1) of
                                                                     property or services, the creditor must                    this section, the creditor may mail or
                                                                     disclose a brief identification of the                     deliver, on or with each periodic state-
                                                                     transaction; the amount of the trans-                      ment, a statement substantially simi-
                                                                     action; and at least one of the fol-                       lar to Model Form G–4 or Model Form
                                                                     lowing dates: The date of the trans-                       G–4(A) in appendix G to this part, as
                                                                     action, the date the transaction was                       applicable. Creditors offering home-eq-
                                                                     debited to the consumer’s account, or,                     uity plans subject to the requirements
                                                                     if the consumer signed the credit docu-                    of § 1026.40 may use either Model Form,
                                                                     ment, the date appearing on the docu-                      at their option.
                                                                     ment. If an actual copy of the receipt                        (b) Disclosures for supplemental credit
                                                                     or other credit document is provided                       access devices and additional features. (1)
                                                                     and that copy shows the amount and at                      If a creditor, within 30 days after mail-
                                                                     least one of the specified dates, the                      ing or delivering the account-opening
                                                                     brief identification may be omitted.                       disclosures     under     § 1026.6(a)(1)  or
                                                                        (c) Alternative creditor procedures; con-               (b)(3)(ii)(A), as applicable, adds a credit
                                                                     sumer inquiries for clarification or docu-                 feature to the consumer’s account or
                                                                     mentation. The following procedures                        mails or delivers to the consumer a
                                                                     apply to creditors that treat an inquiry                   credit access device, including but not
                                                                     for clarification or documentation as a                    limited to checks that access a credit
                                                                     notice of a billing error, including cor-                  card account, for which the finance
                                                                     recting the account in accordance with                     charge terms are the same as those
                                                                     § 1026.13(e):                                              previously disclosed, no additional dis-
                                                                        (1) Failure to disclose the informa-                    closures are necessary. Except as pro-
                                                                     tion required by paragraphs (a) and (b)                    vided in paragraph (b)(3) of this sec-
                                                                     of this section is not a failure to com-                   tion, after 30 days, if the creditor adds
                                                                     ply with the regulation, provided that                     a credit feature or furnishes a credit
                                                                     the creditor also maintains procedures                     access device (other than as a renewal,
                                                                     reasonably designed to obtain and pro-                     resupply, or the original issuance of a
                                                                     vide the information. This applies to                      credit card) on the same finance charge
                                                                     transactions that take place outside a                     terms, the creditor shall disclose, be-




jspears on DSK121TN23PROD with CFR
                                                                     state, as defined in § 1026.2(a)(26),                      fore the consumer uses the feature or
                                                                     whether or not the creditor maintains                      device for the first time, that it is for

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                                                                     § 1026.9                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                     use in obtaining credit under the terms                    the consumer uses the checks after
                                                                     previously disclosed.                                      such date.
                                                                       (2) Except as provided in paragraph                         (B) If no promotional rate applies to
                                                                     (b)(3) of this section, whenever a credit                  the checks:
                                                                     feature is added or a credit access de-                       (1) The type of rate that will apply to
                                                                     vice is mailed or delivered to the con-                    the checks and the applicable annual
                                                                     sumer, and the finance charge terms                        percentage rate. For a variable-rate ac-
                                                                     for the feature or device differ from                      count, a creditor must disclose an an-
                                                                     disclosures previously given, the dis-                     nual percentage rate based on the ap-
                                                                     closures required by § 1026.6(a)(1) or                     plicable index or formula in accordance
                                                                     (b)(3)(ii)(A), as applicable, that are ap-                 with the accuracy requirements set
                                                                     plicable to the added feature or device                    forth in paragraph (b)(3)(ii) of this sec-
                                                                     shall be given before the consumer uses                    tion.
                                                                     the feature or device for the first time.                     (2) [Reserved]
                                                                       (3) Checks that access a credit card ac-                    (C) Any transaction fees applicable to
                                                                     count. (i) Disclosures. For open-end                       the       checks        disclosed    under
                                                                     plans not subject to the requirements                      § 1026.6(b)(2)(iv); and
                                                                     of § 1026.40, if checks that can be used                      (D) Whether or not a grace period is
                                                                     to access a credit card account are pro-                   given within which any credit extended
                                                                     vided more than 30 days after account-                     by use of the checks may be repaid
                                                                     opening disclosures under § 1026.6(b) are                  without incurring a finance charge due
                                                                     mailed or delivered, or are provided                       to a periodic interest rate. When dis-
                                                                     within 30 days of the account-opening                      closing whether there is a grace period,
                                                                     disclosures and the finance charge                         the phrase ‘‘How to Avoid Paying In-
                                                                     terms for the checks differ from the fi-                   terest on Check Transactions’’ shall be
                                                                     nance charge terms previously dis-                         used as the row heading when a grace
                                                                     closed, the creditor shall disclose on                     period applies to credit extended by the
                                                                     the front of the page containing the                       use of the checks. When disclosing the
                                                                     checks the following terms in the form                     fact that no grace period exists for
                                                                     of a table with the headings, content,                     credit extended by use of the checks,
                                                                     and form substantially similar to Sam-                     the phrase ‘‘Paying Interest’’ shall be
                                                                     ple G–19 in appendix G to this part:                       used as the row heading.
                                                                       (A) If a promotional rate, as that                          (ii) Accuracy. The disclosures in para-
                                                                     term is defined in § 1026.16(g)(2)(i) ap-                  graph (b)(3)(i) of this section must be
                                                                     plies to the checks:                                       accurate as of the time the disclosures
                                                                       (1) The promotional rate and the                         are mailed or delivered. A variable an-
                                                                     time period during which the pro-                          nual percentage rate is accurate if it
                                                                     motional rate will remain in effect;                       was in effect within 60 days of when the
                                                                       (2) The type of rate that will apply                     disclosures are mailed or delivered.
                                                                     (such as whether the purchase or cash                         (iii) Variable rates. If any annual per-
                                                                     advance rate applies) after the pro-                       centage rate required to be disclosed
                                                                     motional rate expires, and the annual                      pursuant to paragraph (b)(3)(i) of this
                                                                     percentage rate that will apply after                      section is a variable rate, the card
                                                                     the promotional rate expires. For a                        issuer shall also disclose the fact that
                                                                     variable-rate account, a creditor must                     the rate may vary and how the rate is
                                                                     disclose an annual percentage rate                         determined. In describing how the ap-
                                                                     based on the applicable index or for-                      plicable rate will be determined, the
                                                                     mula in accordance with the accuracy                       card issuer must identify the type of
                                                                     requirements set forth in paragraph                        index or formula that is used in setting
                                                                     (b)(3)(ii) of this section; and                            the rate. The value of the index and the
                                                                       (3) The date, if any, by which the                       amount of the margin that are used to
                                                                     consumer must use the checks in order                      calculate the variable rate shall not be
                                                                     to qualify for the promotional rate. If                    disclosed in the table. A disclosure of
                                                                     the creditor will honor checks used                        any applicable limitations on rate in-
                                                                     after such date but will apply an an-                      creases shall not be included in the
                                                                     nual percentage rate other than the                        table.
                                                                     promotional rate, the creditor must                           (c) Change in terms—(1) Rules affecting




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                                                                     disclose this fact and the type of an-                     home-equity plans—(i) Written notice re-
                                                                     nual percentage rate that will apply if                    quired. For home-equity plans subject

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.9

                                                                     to the requirements of § 1026.40, when-                    of the change to each consumer who
                                                                     ever any term required to be disclosed                     may be affected. The 45-day timing re-
                                                                     under § 1026.6(a) is changed or the re-                    quirement does not apply if the con-
                                                                     quired minimum periodic payment is                         sumer has agreed to a particular
                                                                     increased, the creditor shall mail or de-                  change as described in paragraph
                                                                     liver written notice of the change to                      (c)(2)(i)(B) of this section; for such
                                                                     each consumer who may be affected.                         changes, notice must be given in ac-
                                                                     The notice shall be mailed or delivered                    cordance with the timing requirements
                                                                     at least 15 days prior to the effective                    of paragraph (c)(2)(i)(B) of this section.
                                                                     date of the change. The 15-day timing                      Increases in the rate applicable to a
                                                                     requirement does not apply if the                          consumer’s account due to delin-
                                                                     change has been agreed to by the con-                      quency, default or as a penalty de-
                                                                     sumer; the notice shall be given, how-                     scribed in paragraph (g) of this section
                                                                     ever, before the effective date of the                     that are not due to a change in the
                                                                     change.                                                    contractual terms of the consumer’s
                                                                        (ii) Notice not required. For home-eq-                  account must be disclosed pursuant to
                                                                     uity plans subject to the requirements                     paragraph (g) of this section instead of
                                                                     of § 1026.40, a creditor is not required to                paragraph (c)(2) of this section.
                                                                     provide notice under this section when
                                                                                                                                   (B) Changes agreed to by the consumer.
                                                                     the change involves a reduction of any
                                                                                                                                A notice of change in terms is required,
                                                                     component of a finance or other charge
                                                                                                                                but it may be mailed or delivered as
                                                                     (except that on or after October 1, 2022,
                                                                                                                                late as the effective date of the change
                                                                     this provision on when the change in-
                                                                                                                                if the consumer agrees to the par-
                                                                     volves a reduction of any component of
                                                                                                                                ticular     change.    This    paragraph
                                                                     a finance or other charge does not
                                                                                                                                (c)(2)(i)(B) applies only when a con-
                                                                     apply to any change in the margin
                                                                     when a LIBOR index is replaced, as per-                    sumer substitutes collateral or when
                                                                     mitted by § 1026.40(f)(3)(ii)(A) or (B)) or                the creditor can advance additional
                                                                     when the change results from an agree-                     credit only if a change relatively
                                                                     ment involving a court proceeding.                         unique to that consumer is made, such
                                                                        (iii) Notice to restrict credit. For home-              as the consumer’s providing additional
                                                                     equity plans subject to the require-                       security or paying an increased min-
                                                                     ments of § 1026.40, if the creditor pro-                   imum payment amount. The following
                                                                     hibits additional extensions of credit or                  are not considered agreements between
                                                                     reduces the credit limit pursuant to                       the consumer and the creditor for pur-
                                                                     § 1026.40(f)(3)(i) or (f)(3)(vi), the creditor             poses of this paragraph (c)(2)(i)(B): The
                                                                     shall mail or deliver written notice of                    consumer’s general acceptance of the
                                                                     the action to each consumer who will                       creditor’s contract reservation of the
                                                                     be affected. The notice must be pro-                       right to change terms; the consumer’s
                                                                     vided not later than three business                        use of the account (which might imply
                                                                     days after the action is taken and shall                   acceptance of its terms under state
                                                                     contain specific reasons for the action.                   law); the consumer’s acceptance of a
                                                                     If the creditor requires the consumer                      unilateral term change that is not par-
                                                                     to request reinstatement of credit                         ticular to that consumer, but rather is
                                                                     privileges, the notice also shall state                    of general applicability to consumers
                                                                     that fact.                                                 with that type of account; and the con-
                                                                        (2) Rules affecting open-end (not home-                 sumer’s request to reopen a closed ac-
                                                                     secured) plans—(i) Changes where written                   count or to upgrade an existing ac-
                                                                     advance notice is required—(A) General.                    count to another account offered by
                                                                     For plans other than home-equity                           the creditor with different credit or
                                                                     plans subject to the requirements of                       other features.
                                                                     § 1026.40, except as provided in para-                        (ii) Significant changes in account
                                                                     graphs      (c)(2)(i)(B),     (c)(2)(iii) and              terms. For purposes of this section, a
                                                                     (c)(2)(v) of this section, when a signifi-                 ‘‘significant change in account terms’’
                                                                     cant change in account terms as de-                        means a change to a term required to
                                                                     scribed in paragraph (c)(2)(ii) of this                    be disclosed under § 1026.6(b)(1) and
                                                                     section is made, a creditor must pro-                      (b)(2), an increase in the required min-




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                                                                     vide a written notice of the change at                     imum periodic payment, a change to a
                                                                     least 45 days prior to the effective date                  term required to be disclosed under

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                                                                     § 1026.9                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                     § 1026.6(b)(4), or the acquisition of a se-                count, the new rate described in the
                                                                     curity interest.                                           notice will not apply to the consumer’s
                                                                        (iii)    Charges     not   covered    by                account until the consumer’s account
                                                                     § 1026.6(b)(1) and (b)(2). Except as pro-                  balances are no longer subject to the
                                                                     vided in paragraph (c)(2)(vi) of this sec-                 penalty rate;
                                                                     tion, if a creditor increases any compo-                      (7) If the change in terms being dis-
                                                                     nent of a charge, or introduces a new                      closed is an increase in an annual per-
                                                                     charge, required to be disclosed under                     centage rate, the balances to which the
                                                                     § 1026.6(b)(3) that is not a significant                   increased rate will be applied. If appli-
                                                                     change in account terms as described                       cable, a statement identifying the bal-
                                                                     in paragraph (c)(2)(ii) of this section, a                 ances to which the current rate will
                                                                     creditor must either, at its option:                       continue to apply as of the effective
                                                                        (A) Comply with the requirements of                     date of the change in terms; and
                                                                     paragraph (c)(2)(i) of this section; or                       (8) If the change in terms being dis-
                                                                        (B) Provide notice of the amount of                     closed is an increase in an annual per-
                                                                     the charge before the consumer agrees                      centage rate for a credit card account
                                                                     to or becomes obligated to pay the                         under an open-end (not home-secured)
                                                                     charge, at a time and in a manner that                     consumer credit plan, a statement of
                                                                     a consumer would be likely to notice                       no more than four principal reasons for
                                                                     the disclosure of the charge. The notice                   the rate increase, listed in their order
                                                                     may be provided orally or in writing.                      of importance.
                                                                        (iv) Disclosure requirements—(A) Sig-                      (B) Right to reject for credit card ac-
                                                                     nificant changes in account terms. If a                    counts under an open-end (not home-se-
                                                                     creditor makes a significant change in                     cured) consumer credit plan. In addition
                                                                     account terms as described in para-                        to the disclosures in paragraph
                                                                     graph (c)(2)(ii) of this section, the no-                  (c)(2)(iv)(A) of this section, if a card
                                                                     tice provided pursuant to paragraph                        issuer makes a significant change in
                                                                     (c)(2)(i) of this section must provide                     account terms on a credit card account
                                                                     the following information:                                 under an open-end (not home-secured)
                                                                        (1) A summary of the changes made                       consumer credit plan, the creditor
                                                                     to terms required by § 1026.6(b)(1) and                    must generally provide the following
                                                                     (b)(2) or § 1026.6(b)(4), a description of                 information on the notice provided
                                                                     any increase in the required minimum                       pursuant to paragraph (c)(2)(i) of this
                                                                     periodic payment, and a description of                     section. This information is not re-
                                                                     any security interest being acquired by                    quired to be provided in the case of an
                                                                     the creditor;                                              increase in the required minimum peri-
                                                                        (2) A statement that changes are                        odic payment, an increase in a fee as a
                                                                     being made to the account;                                 result of a reevaluation of a determina-
                                                                        (3) For accounts other than credit                      tion made under § 1026.52(b)(1)(i) or an
                                                                     card accounts under an open-end (not                       adjustment to the safe harbors in
                                                                     home-secured) consumer credit plan                         § 1026.52(b)(1)(ii) to reflect changes in
                                                                     subject to § 1026.9(c)(2)(iv)(B), a state-                 the Consumer Price Index, a change in
                                                                     ment indicating the consumer has the                       an annual percentage rate applicable to
                                                                     right to opt out of these changes, if ap-                  a consumer’s account, an increase in a
                                                                     plicable, and a reference to additional                    fee previously reduced consistent with
                                                                     information describing the opt-out                         50 U.S.C. app. 527 or a similar Federal
                                                                     right provided in the notice, if applica-                  or state statute or regulation if the
                                                                     ble;                                                       amount of the increased fee does not
                                                                        (4) The date the changes will become                    exceed the amount of that fee prior to
                                                                     effective;                                                 the reduction, or when the change re-
                                                                        (5) If applicable, a statement that the                 sults from the creditor not receiving
                                                                     consumer may find additional informa-                      the consumer’s required minimum
                                                                     tion about the summarized changes,                         periodic payment within 60 days after
                                                                     and other changes to the account, in                       the due date for that payment:
                                                                     the notice;                                                   (1) A statement that the consumer
                                                                        (6) If the creditor is changing a rate                  has the right to reject the change or
                                                                     on the account, other than a penalty                       changes prior to the effective date of




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                                                                     rate, a statement that if a penalty rate                   the changes, unless the consumer fails
                                                                     currently applies to the consumer’s ac-                    to make a required minimum periodic

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.9

                                                                     payment within 60 days after the due                       § 1026.6(b)(4) that is not required to be
                                                                     date for that payment;                                     disclosed under § 1026.6(b)(1) and (b)(2),
                                                                        (2) Instructions for rejecting the                      or a description of any security inter-
                                                                     change or changes, and a toll-free tele-                   est being acquired by the creditor),
                                                                     phone number that the consumer may                         with headings and format substantially
                                                                     use to notify the creditor of the rejec-                   similar to any of the account-opening
                                                                     tion; and                                                  tables found in G–17 in appendix G to
                                                                        (3) If applicable, a statement that if                  this part. The table must disclose the
                                                                     the consumer rejects the change or                         changed term and information relevant
                                                                     changes, the consumer’s ability to use                     to the change, if that relevant informa-
                                                                     the account for further advances will                      tion is required by § 1026.6(b)(1) and
                                                                     be terminated or suspended.                                (b)(2). The new terms shall be described
                                                                        (C) Changes resulting from failure to                   in the same level of detail as required
                                                                     make minimum periodic payment within                       when disclosing the terms under
                                                                     60 days from due date for credit card ac-                  § 1026.6(b)(2).
                                                                     counts under an open-end (not home-se-                        (2) Notice included with periodic state-
                                                                     cured) consumer credit plan. For a credit                  ment. If a notice required by paragraph
                                                                     card account under an open-end (not                        (c)(2)(i) of this section is included on or
                                                                     home-secured) consumer credit plan:                        with a periodic statement, the informa-
                                                                        (1) If the significant change required                  tion       described      in      paragraph
                                                                     to be disclosed pursuant to paragraph                      (c)(2)(iv)(A)(1) of this section must be
                                                                     (c)(2)(i) of this section is an increase in                disclosed on the front of any page of
                                                                     an annual percentage rate or a fee or                      the statement. The summary of
                                                                     charge required to be disclosed under                      changes       described     in    paragraph
                                                                     § 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii)            (c)(2)(iv)(A)(1) of this section must im-
                                                                     based on the consumer’s failure to                         mediately follow the information de-
                                                                     make a minimum periodic payment                            scribed in paragraph (c)(2)(iv)(A)(2)
                                                                     within 60 days from the due date for                       through (c)(2)(iv)(A)(7) and, if applica-
                                                                     that payment, the notice provided pur-                     ble,       paragraphs        (c)(2)(iv)(A)(8),
                                                                     suant to paragraph (c)(2)(i) of this sec-                  (c)(2)(iv)(B), and (c)(2)(iv)(C) of this sec-
                                                                     tion must state that the increase will                     tion, and be substantially similar to
                                                                     cease to apply to transactions that oc-                    the format shown in Sample G–20 or G–
                                                                     curred prior to or within 14 days of pro-                  21 in appendix G to this part.
                                                                     vision of the notice, if the creditor re-                     (3) Notice provided separately from peri-
                                                                     ceives six consecutive required min-                       odic statement. If a notice required by
                                                                     imum periodic payments on or before                        paragraph (c)(2)(i) of this section is not
                                                                     the payment due date, beginning with                       included on or with a periodic state-
                                                                     the first payment due following the ef-                    ment, the information described in
                                                                     fective date of the increase.                              paragraph (c)(2)(iv)(A)(1) of this section
                                                                        (2) If the significant change required                  must, at the creditor’s option, be dis-
                                                                     to be disclosed pursuant to paragraph                      closed on the front of the first page of
                                                                     (c)(2)(i) of this section is an increase in                the notice or segregated on a separate
                                                                     a fee or charge required to be disclosed                   page from other information given
                                                                     under § 1026.6(b)(2)(ii), (b)(2)(iii), or                  with the notice. The summary of
                                                                     (b)(2)(xii) based on the consumer’s fail-                  changes required to be in a table pursu-
                                                                     ure to make a minimum periodic pay-                        ant to paragraph (c)(2)(iv)(A)(1) of this
                                                                     ment within 60 days from the due date                      section may be on more than one page,
                                                                     for that payment, the notice provided                      and may use both the front and reverse
                                                                     pursuant to paragraph (c)(2)(i) of this                    sides, so long as the table begins on the
                                                                     section must also state the reason for                     front of the first page of the notice and
                                                                     the increase.                                              there is a reference on the first page in-
                                                                        (D) Format requirements—(1) Tabular                     dicating that the table continues on
                                                                     format. The summary of changes de-                         the following page. The summary of
                                                                     scribed in paragraph (c)(2)(iv)(A)(1) of                   changes       described     in    paragraph
                                                                     this section must be in a tabular for-                     (c)(2)(iv)(A)(1) of this section must im-
                                                                     mat (except for a summary of any in-                       mediately follow the information de-
                                                                     crease in the required minimum peri-                       scribed in paragraph (c)(2)(iv)(A)(2)




jspears on DSK121TN23PROD with CFR
                                                                     odic payment, a summary of a term re-                      through (c)(2)(iv)(A)(7) and, if applica-
                                                                     quired      to     be     disclosed     under              ble,       paragraphs        (c)(2)(iv)(A)(8),

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                                                                     § 1026.9                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                     (c)(2)(iv)(B), and (c)(2)(iv)(C), of this                  variable rate determined by the same
                                                                     section, substantially similar to the                      formula (index and margin) that was
                                                                     format shown in Sample G–20 or G–21                        used to calculate the variable rate dis-
                                                                     in appendix G to this part.                                closed      pursuant       to     paragraph
                                                                        (v) Notice not required. For open-end                   (c)(2)(v)(B)(1);
                                                                     plans (other than home equity plans                           (C) When the change is an increase in
                                                                     subject to the requirements of § 1026.40)                  a variable annual percentage rate in
                                                                     a creditor is not required to provide no-                  accordance with a credit card or other
                                                                     tice under this section:                                   account agreement that provides for
                                                                        (A) When the change involves charges                    changes in the rate according to oper-
                                                                     for documentary evidence; a reduction                      ation of an index that is not under the
                                                                     of any component of a finance or other                     control of the creditor and is available
                                                                     charge (except that on or after October
                                                                                                                                to the general public; or
                                                                     1, 2022, this provision on when the
                                                                                                                                   (D) When the change is an increase in
                                                                     change involves a reduction of any
                                                                     component of a finance or other charge                     an annual percentage rate, a fee or
                                                                     does not apply to any change in the                        charge required to be disclosed under
                                                                     margin when a LIBOR index is re-                           § 1026.6(b)(2)(ii), (b)(2)(iii), (b)(2)(viii),
                                                                     placed, as permitted by § 1026.55(b)(7)(i)                 (b)(2)(ix), (b)(2)(ix) or (b)(2)(xii), or the
                                                                     or (ii)); suspension of future credit                      required minimum periodic payment
                                                                     privileges (except as provided in para-                    due to the completion of a workout or
                                                                     graph (c)(2)(vi) of this section) or ter-                  temporary hardship arrangement by
                                                                     mination of an account or plan; when                       the consumer or the consumer’s failure
                                                                     the change results from an agreement                       to comply with the terms of such an
                                                                     involving a court proceeding; when the                     arrangement, provided that:
                                                                     change is an extension of the grace pe-                       (1) The annual percentage rate or fee
                                                                     riod; or if the change is applicable only                  or charge applicable to a category of
                                                                     to checks that access a credit card ac-                    transactions or the required minimum
                                                                     count and the changed terms are dis-                       periodic payment following any such
                                                                     closed on or with the checks in accord-                    increase does not exceed the rate or fee
                                                                     ance with paragraph (b)(3) of this sec-                    or charge or required minimum peri-
                                                                     tion;                                                      odic payment that applied to that cat-
                                                                        (B) When the change is an increase in                   egory of transactions prior to com-
                                                                     an annual percentage rate or fee upon                      mencement of the arrangement or, if
                                                                     the expiration of a specified period of                    the rate that applied to a category of
                                                                     time, provided that:                                       transactions prior to the commence-
                                                                        (1) Prior to commencement of that                       ment of the workout or temporary
                                                                     period, the creditor disclosed in writing                  hardship arrangement was a variable
                                                                     to the consumer, in a clear and con-                       rate, the rate following any such in-
                                                                     spicuous manner, the length of the pe-                     crease is a variable rate determined by
                                                                     riod and the annual percentage rate or
                                                                                                                                the same formula (index and margin)
                                                                     fee that would apply after expiration of
                                                                                                                                that applied to the category of trans-
                                                                     the period;
                                                                                                                                actions prior to commencement of the
                                                                        (2) The disclosure of the length of the
                                                                     period and the annual percentage rate                      workout or temporary hardship ar-
                                                                     or fee that would apply after expiration                   rangement; and
                                                                     of the period are set forth in close                          (2) The creditor has provided the con-
                                                                     proximity and in equal prominence to                       sumer, prior to the commencement of
                                                                     the first listing of the disclosure of the                 such arrangement, with a clear and
                                                                     rate or fee that applies during the spec-                  conspicuous disclosure of the terms of
                                                                     ified period of time; and                                  the arrangement (including any in-
                                                                        (3) The annual percentage rate or fee                   creases due to such completion or fail-
                                                                     that applies after that period does not                    ure). This disclosure must generally be
                                                                     exceed the rate or fee disclosed pursu-                    provided in writing. However, a cred-
                                                                     ant to paragraph (c)(2)(v)(B)(1) of this                   itor may provide the disclosure of the
                                                                     paragraph or, if the rate disclosed pur-                   terms of the arrangement orally by
                                                                     suant to paragraph (c)(2)(v)(B)(1) of                      telephone, provided that the creditor




jspears on DSK121TN23PROD with CFR
                                                                     this section was a variable rate, the                      mails or delivers a written disclosure
                                                                     rate following any such increase is a                      of the terms of the arrangement to the

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.9

                                                                     consumer as soon as reasonably prac-                       tice shall be provided at least 30 days
                                                                     ticable after the oral disclosure is pro-                  prior to the scheduled renewal date of
                                                                     vided.                                                     the consumer’s credit or charge card.
                                                                        (vi) Reduction of the credit limit. For                 The notice shall contain the following
                                                                     open-end plans that are not subject to                     information:
                                                                     the requirements of § 1026.40, if a cred-                     (i) The disclosures contained in
                                                                     itor decreases the credit limit on an ac-                  § 1026.60(b)(1) through (b)(7) that would
                                                                     count, advance notice of the decrease                      apply if the account were renewed; and
                                                                     must be provided before an over-the-                          (ii) How and when the cardholder
                                                                     limit fee or a penalty rate can be im-
                                                                                                                                may terminate credit availability
                                                                     posed solely as a result of the con-
                                                                                                                                under the account to avoid paying the
                                                                     sumer exceeding the newly decreased
                                                                     credit limit. Notice shall be provided in                  renewal fee, if applicable.
                                                                     writing or orally at least 45 days prior                      (2) Notification on periodic statements.
                                                                     to imposing the over-the-limit fee or                      The disclosures required by this para-
                                                                     penalty rate and shall state that the                      graph may be made on or with a peri-
                                                                     credit limit on the account has been or                    odic statement. If any of the disclo-
                                                                     will be decreased.                                         sures are provided on the back of a
                                                                        (d) Finance charge imposed at time of                   periodic statement, the card issuer
                                                                     transaction. (1) Any person, other than                    shall include a reference to those dis-
                                                                     the card issuer, who imposes a finance                     closures on the front of the statement.
                                                                     charge at the time of honoring a con-                         (f) Change in credit card account insur-
                                                                     sumer’s credit card, shall disclose the                    ance provider—(1) Notice prior to change.
                                                                     amount of that finance charge prior to                     If a credit card issuer plans to change
                                                                     its imposition.                                            the provider of insurance for repay-
                                                                        (2) The card issuer, other than the                     ment of all or part of the outstanding
                                                                     person honoring the consumer’s credit                      balance of an open-end credit card ac-
                                                                     card, shall have no responsibility for                     count of the type subject to § 1026.60,
                                                                     the disclosure required by paragraph                       the card issuer shall mail or deliver to
                                                                     (d)(1) of this section, and shall not con-                 the cardholder written notice of the
                                                                     sider any such charge for the purposes
                                                                                                                                change not less than 30 days before the
                                                                     of §§ 1026.60, 1026.6 and 1026.7.
                                                                                                                                change in provider occurs. The notice
                                                                        (e) Disclosures upon renewal of credit
                                                                                                                                shall also include the following items,
                                                                     or charge card—(1) Notice prior to re-
                                                                     newal. A card issuer that imposes any                      to the extent applicable:
                                                                     annual or other periodic fee to renew a                       (i) Any increase in the rate that will
                                                                     credit or charge card account of the                       result from the change;
                                                                     type subject to § 1026.60, including any                      (ii) Any substantial decrease in cov-
                                                                     fee based on account activity or inac-                     erage that will result from the change;
                                                                     tivity or any card issuer that has                         and
                                                                     changed or amended any term of a                              (iii) A statement that the cardholder
                                                                     cardholder’s account required to be dis-                   may discontinue the insurance.
                                                                     closed under § 1026.6(b)(1) and (b)(2) that                   (2) Notice when change in provider oc-
                                                                     has not previously been disclosed to                       curs. If a change described in paragraph
                                                                     the consumer, shall mail or deliver                        (f)(1) of this section occurs, the card
                                                                     written notice of the renewal to the                       issuer shall provide the cardholder
                                                                     cardholder. If the card issuer imposes                     with a written notice no later than 30
                                                                     any annual or other periodic fee for re-                   days after the change, including the
                                                                     newal, the notice shall be provided at                     following items, to the extent applica-
                                                                     least 30 days or one billing cycle,                        ble:
                                                                     whichever is less, before the mailing or
                                                                                                                                   (i) The name and address of the new
                                                                     the delivery of the periodic statement
                                                                     on which any renewal fee is initially                      insurance provider;
                                                                     charged to the account. If the card                           (ii) A copy of the new policy or group
                                                                     issuer has changed or amended any                          certificate containing the basic terms
                                                                     term required to be disclosed under                        of the insurance, including the rate to
                                                                     § 1026.6(b)(1) and (b)(2) and such changed                 be charged; and




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                                                                     or amended term has not previously                            (iii) A statement that the cardholder
                                                                     been disclosed to the consumer, the no-                    may discontinue the insurance.

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                                                                     § 1026.9                                                                12 CFR Ch. X (1–1–25 Edition)

                                                                        (3) Substantial decrease in coverage.                   (g)(1)(ii) of this section that trigger the
                                                                     For purposes of this paragraph, a sub-                     imposition of the rate increase.
                                                                     stantial decrease in coverage is a de-                        (3)(i) Disclosure requirements for rate
                                                                     crease in a significant term of coverage                   increases—(A) General. If a creditor is
                                                                     that might reasonably be expected to                       increasing the rate due to delinquency
                                                                     affect the cardholder’s decision to con-                   or default or as a penalty, the creditor
                                                                     tinue the insurance. Significant terms                     must provide the following information
                                                                     of coverage include, for example, the                      on the notice sent pursuant to para-
                                                                     following:                                                 graph (g)(1) of this section:
                                                                        (i) Type of coverage provided;                             (1) A statement that the delinquency
                                                                        (ii) Age at which coverage terminates                   or default rate or penalty rate, as ap-
                                                                     or becomes more restrictive;
                                                                                                                                plicable, has been triggered;
                                                                        (iii) Maximum insurable loan bal-
                                                                     ance, maximum periodic benefit pay-                           (2) The date on which the delin-
                                                                     ment, maximum number of payments,                          quency or default rate or penalty rate
                                                                     or other term affecting the dollar                         will apply;
                                                                     amount of coverage or benefits pro-                           (3) The circumstances under which
                                                                     vided;                                                     the delinquency or default rate or pen-
                                                                        (iv) Eligibility requirements and                       alty rate, as applicable, will cease to
                                                                     number and identity of persons cov-                        apply to the consumer’s account, or
                                                                     ered;                                                      that the delinquency or default rate or
                                                                        (v) Definition of a key term of cov-                    penalty rate will remain in effect for a
                                                                     erage such as disability;                                  potentially indefinite time period;
                                                                        (vi) Exclusions from or limitations                        (4) A statement indicating to which
                                                                     on coverage; and                                           balances the delinquency or default
                                                                        (vii) Waiting periods and whether                       rate or penalty rate will be applied;
                                                                     coverage is retroactive.                                      (5) If applicable, a description of any
                                                                        (4) Combined notification. The notices                  balances to which the current rate will
                                                                     required by paragraph (f)(1) and (2) of                    continue to apply as of the effective
                                                                     this section may be combined provided                      date of the rate increase, unless a con-
                                                                     the timing requirement of paragraph                        sumer fails to make a minimum peri-
                                                                     (f)(1) of this section is met. The notices                 odic payment within 60 days from the
                                                                     may be provided on or with a periodic                      due date for that payment; and
                                                                     statement.                                                    (6) For a credit card account under
                                                                        (g) Increase in rates due to delinquency                an open-end (not home-secured) con-
                                                                     or default or as a penalty—(1) Increases
                                                                                                                                sumer credit plan, a statement of no
                                                                     subject to this section. For plans other
                                                                                                                                more than four principal reasons for
                                                                     than home-equity plans subject to the
                                                                                                                                the rate increase, listed in their order
                                                                     requirements of § 1026.40, except as pro-
                                                                                                                                of importance.
                                                                     vided in paragraph (g)(4) of this sec-
                                                                     tion, a creditor must provide a written                       (B) Rate increases resulting from failure
                                                                     notice to each consumer who may be                         to make minimum periodic payment with-
                                                                     affected when:                                             in 60 days from due date. For a credit
                                                                        (i) A rate is increased due to the con-                 card account under an open-end (not
                                                                     sumer’s delinquency or default; or                         home-secured) consumer credit plan, if
                                                                        (ii) A rate is increased as a penalty                   the rate increase required to be dis-
                                                                     for one or more events specified in the                    closed pursuant to paragraph (g)(1) of
                                                                     account agreement, such as making a                        this section is an increase pursuant to
                                                                     late payment or obtaining an extension                     § 1026.55(b)(4) based on the consumer’s
                                                                     of credit that exceeds the credit limit.                   failure to make a minimum periodic
                                                                        (2) Timing of written notice. Whenever                  payment within 60 days from the due
                                                                     any notice is required to be given pur-                    date for that payment, the notice pro-
                                                                     suant to paragraph (g)(1) of this sec-                     vided pursuant to paragraph (g)(1) of
                                                                     tion, the creditor shall provide written                   this section must also state that the
                                                                     notice of the increase in rates at least                   increase will cease to apply to trans-
                                                                     45 days prior to the effective date of                     actions that occurred prior to or with-
                                                                     the increase. The notice must be pro-                      in 14 days of provision of the notice, if




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                                                                     vided after the occurrence of the events                   the creditor receives six consecutive
                                                                     described in paragraphs (g)(1)(i) and                      required minimum periodic payments

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.9

                                                                     on or before the payment due date, be-                       (E) A statement indicating to which
                                                                     ginning with the first payment due fol-                    balances the penalty rate may be ap-
                                                                     lowing the effective date of the in-                       plied; and
                                                                     crease.                                                      (F) If applicable, a description of any
                                                                       (ii) Format requirements. (A) If a no-                   balances to which the current rate will
                                                                     tice required by paragraph (g)(1) of this                  continue to apply as of the effective
                                                                     section is included on or with a peri-                     date of the rate increase, unless the
                                                                     odic statement, the information de-                        consumer fails to make a minimum
                                                                     scribed in paragraph (g)(3)(i) of this                     periodic payment within 60 days from
                                                                     section must be in the form of a table                     the due date for that payment; and
                                                                     and provided on the front of any page                        (ii) The creditor does not increase the
                                                                     of the periodic statement, above the                       rate applicable to the consumer’s ac-
                                                                     notice described in paragraph (c)(2)(iv)                   count to the penalty rate if the out-
                                                                     of this section if that notice is provided                 standing balance does not exceed the
                                                                     on the same statement.                                     credit limit on the date set forth in the
                                                                       (B) If a notice required by paragraph                    notice and described in paragraph
                                                                     (g)(1) of this section is not included on                  (g)(4)(i)(B) of this section.
                                                                     or with a periodic statement, the infor-                     (iii)(A) If a notice provided pursuant
                                                                     mation described in paragraph (g)(3)(i)                    to paragraph (g)(4)(i) of this section is
                                                                     of this section must be disclosed on the                   included on or with a periodic state-
                                                                     front of the first page of the notice.                     ment, the information described in
                                                                     Only information related to the in-                        paragraph (g)(4)(i) of this section must
                                                                     crease in the rate to a penalty rate                       be in the form of a table and provided
                                                                     may be included with the notice, ex-                       on the front of any page of the periodic
                                                                     cept that this notice may be combined                      statement; or
                                                                     with a notice described in paragraph                         (B) If a notice required by paragraph
                                                                     (c)(2)(iv) or (g)(4) of this section.                      (g)(4)(i) of this section is not included
                                                                                                                                on or with a periodic statement, the in-
                                                                       (4) Exception for decrease in credit
                                                                                                                                formation described in paragraph
                                                                     limit. A creditor is not required to pro-
                                                                                                                                (g)(4)(i) of this section must be dis-
                                                                     vide a notice pursuant to paragraph
                                                                                                                                closed on the front of the first page of
                                                                     (g)(1) of this section prior to increasing
                                                                                                                                the notice. Only information related to
                                                                     the rate for obtaining an extension of                     the reduction in credit limit may be in-
                                                                     credit that exceeds the credit limit,                      cluded with the notice, except that this
                                                                     provided that:                                             notice may be combined with a notice
                                                                       (i) The creditor provides at least 45                    described in paragraph (c)(2)(iv) or
                                                                     days in advance of imposing the pen-                       (g)(1) of this section.
                                                                     alty rate a notice, in writing, that in-                     (h) Consumer rejection of certain sig-
                                                                     cludes:                                                    nificant changes in terms—(1) Right to re-
                                                                       (A) A statement that the credit limit                    ject. If paragraph (c)(2)(iv)(B) of this
                                                                     on the account has been or will be de-                     section requires disclosure of the con-
                                                                     creased.                                                   sumer’s right to reject a significant
                                                                       (B) A statement indicating the date                      change to an account term, the con-
                                                                     on which the penalty rate will apply, if                   sumer may reject that change by noti-
                                                                     the outstanding balance exceeds the                        fying the creditor of the rejection be-
                                                                     credit limit as of that date;                              fore the effective date of the change.
                                                                       (C) A statement that the penalty rate                      (2) Effect of rejection. If a creditor is
                                                                     will not be imposed on the date speci-                     notified of a rejection of a significant
                                                                     fied in paragraph (g)(4)(i)(B) of this sec-                change to an account term as provided
                                                                     tion, if the outstanding balance does                      in paragraph (h)(1) of this section, the
                                                                     not exceed the credit limit as of that                     creditor must not:
                                                                     date;                                                        (i) Apply the change to the account;
                                                                       (D) The circumstances under which                          (ii) Impose a fee or charge or treat
                                                                     the penalty rate, if applied, will cease                   the account as in default solely as a re-
                                                                     to apply to the account, or that the                       sult of the rejection; or
                                                                     penalty rate, if applied, will remain in                     (iii) Require repayment of the bal-




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                                                                     effect for a potentially indefinite time                   ance on the account using a method
                                                                     period;                                                    that is less beneficial to the consumer

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                                                                     § 1026.10                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     than one of the methods listed in                          payments made in person at any
                                                                     § 1026.55(c)(2).                                           branch or office of the card issuer at
                                                                        (3) Exception. Section 1026.9(h) does                   which such payments are accepted.
                                                                     not apply when the creditor has not re-                    Notwithstanding § 1026.10(b)(2)(ii), a
                                                                     ceived the consumer’s required min-                        card issuer may impose a cut-off time
                                                                     imum periodic payment within 60 days                       earlier than 5 p.m. for such payments,
                                                                     after the due date for that payment.                       if the close of business of the branch or
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 86              office is earlier than 5 p.m.
                                                                     FR 69781, Dec. 8, 2021]                                       (ii) Financial institution. For purposes
                                                                                                                                of paragraph (b)(3) of this section, ‘‘fi-
                                                                     § 1026.10 Payments.                                        nancial institution’’ shall mean a
                                                                        (a) General rule. A creditor shall cred-                bank, savings association, or credit
                                                                     it a payment to the consumer’s ac-                         union.
                                                                     count as of the date of receipt, except                       (4) Nonconforming payments—(i) In
                                                                     when a delay in crediting does not re-                     general. Except as provided in para-
                                                                     sult in a finance or other charge or ex-                   graph (b)(4)(ii) of this section, if a cred-
                                                                     cept as provided in paragraph (b) of                       itor specifies, on or with the periodic
                                                                     this section.                                              statement, requirements for the con-
                                                                        (b) Specific requirements for payments—                 sumer to follow in making payments as
                                                                     (1) General rule. A creditor may specify                   permitted under this § 1026.10, but ac-
                                                                     reasonable requirements for payments                       cepts a payment that does not conform
                                                                     that enable most consumers to make                         to the requirements, the creditor shall
                                                                     conforming payments.                                       credit the payment within five days of
                                                                        (2) Examples of reasonable requirements                 receipt.
                                                                     for payments. Reasonable requirements                         (ii) Payment methods promoted by cred-
                                                                     for making payment may include:                            itor. If a creditor promotes a method
                                                                        (i) Requiring that payments be ac-                      for making payments, such payments
                                                                     companied by the account number or                         shall be considered conforming pay-
                                                                     payment stub;                                              ments in accordance with this para-
                                                                        (ii) Setting reasonable cut-off times                   graph (b) and shall be credited to the
                                                                     for payments to be received by mail, by                    consumer’s account as of the date of
                                                                     electronic means, by telephone, and in                     receipt, except when a delay in cred-
                                                                     person (except as provided in paragraph                    iting does not result in a finance or
                                                                     (b)(3) of this section), provided that                     other charge.
                                                                     such cut-off times shall be no earlier                        (c) Adjustment of account. If a creditor
                                                                     than 5 p.m. on the payment due date at                     fails to credit a payment, as required
                                                                     the location specified by the creditor                     by paragraphs (a) or (b) of this section,
                                                                     for the receipt of such payments;                          in time to avoid the imposition of fi-
                                                                        (iii) Specifying that only checks or                    nance or other charges, the creditor
                                                                     money orders should be sent by mail;                       shall adjust the consumer’s account so
                                                                        (iv) Specifying that payment is to be                   that the charges imposed are credited
                                                                     made in U.S. dollars; or                                   to the consumer’s account during the
                                                                        (v) Specifying one particular address                   next billing cycle.
                                                                     for receiving payments, such as a post                        (d) Crediting of payments when creditor
                                                                     office box.                                                does not receive or accept payments on
                                                                        (3) In-person payments on credit card                   due date—(1) General. Except as pro-
                                                                     accounts—(i) General. Notwithstanding                      vided in paragraph (d)(2) of this sec-
                                                                     § 1026.10(b), payments on a credit card                    tion, if a creditor does not receive or
                                                                     account under an open-end (not home-                       accept payments by mail on the due
                                                                     secured) consumer credit plan made in                      date for payments, the creditor may
                                                                     person at a branch or office of a card                     generally not treat a payment received
                                                                     issuer that is a financial institution                     the next business day as late for any
                                                                     prior to the close of business of that                     purpose. For purposes of this paragraph
                                                                     branch or office shall be considered re-                   (d), the ‘‘next business day’’ means the
                                                                     ceived on the date on which the con-                       next day on which the creditor accepts
                                                                     sumer makes the payment. A card                            or receives payments by mail.
                                                                     issuer that is a financial institution                        (2) Payments accepted or received other




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                                                                     shall not impose a cut-off time earlier                    than by mail. If a creditor accepts or re-
                                                                     than the close of business for any such                    ceives payments made on the due date

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.11

                                                                     by a method other than mail, such as                       credit balance remaining in the ac-
                                                                     electronic or telephone payments, the                      count for more than six months. No
                                                                     creditor is not required to treat a pay-                   further action is required if the con-
                                                                     ment made by that method on the next                       sumer’s current location is not known
                                                                     business day as timely, even if it does                    to the creditor and cannot be traced
                                                                     not accept mailed payments on the due                      through the consumer’s last known ad-
                                                                     date.                                                      dress or telephone number.
                                                                       (e) Limitations on fees related to method                   (b) Account termination. (1) A creditor
                                                                     of payment. For credit card accounts                       shall not terminate an account prior to
                                                                     under an open-end (not home-secured)                       its expiration date solely because the
                                                                     consumer credit plan, a creditor may                       consumer does not incur a finance
                                                                     not impose a separate fee to allow con-                    charge.
                                                                     sumers to make a payment by any                               (2) Nothing in paragraph (b)(1) of this
                                                                     method, such as mail, electronic, or                       section prohibits a creditor from ter-
                                                                     telephone payments, unless such pay-                       minating an account that is inactive
                                                                     ment method involves an expedited                          for three or more consecutive months.
                                                                     service by a customer service rep-                         An account is inactive for purposes of
                                                                     resentative of the creditor. For pur-                      this paragraph if no credit has been ex-
                                                                     poses of paragraph (e) of this section,                    tended (such as by purchase, cash ad-
                                                                     the term ‘‘creditor’’ includes a third                     vance or balance transfer) and if the
                                                                     party that collects, receives, or proc-                    account has no outstanding balance.
                                                                     esses payments on behalf of a creditor.                       (c) Timely settlement of estate debts—(1)
                                                                       (f) Changes by card issuer. If a card                    General rule. (i) Reasonable policies and
                                                                     issuer makes a material change in the                      procedures required. For credit card ac-
                                                                     address for receiving payments or pro-                     counts under an open-end (not home-
                                                                     cedures for handling payments, and                         secured) consumer credit plan, card
                                                                     such change causes a material delay in                     issuers must adopt reasonable written
                                                                     the crediting of a payment to the con-                     policies and procedures designed to en-
                                                                     sumer’s account during the 60-day pe-                      sure that an administrator of an estate
                                                                     riod following the date on which such                      of a deceased accountholder can deter-
                                                                     change took effect, the card issuer may                    mine the amount of and pay any bal-
                                                                     not impose any late fee or finance                         ance on the account in a timely man-
                                                                     charge for a late payment on the credit                    ner.
                                                                     card account during the 60-day period                         (ii) Application to joint accounts. Para-
                                                                     following the date on which the change                     graph (c) of this section does not apply
                                                                     took effect.                                               to the account of a deceased consumer
                                                                                                                                if a joint accountholder remains on the
                                                                     § 1026.11 Treatment of credit balances;                    account.
                                                                          account termination.                                     (2) Timely statement of balance—(i) Re-
                                                                        (a) Credit balances. When a credit bal-                 quirement. Upon request by the admin-
                                                                     ance in excess of $1 is created on a                       istrator of an estate, a card issuer
                                                                     credit account (through transmittal of                     must provide the administrator with
                                                                     funds to a creditor in excess of the                       the amount of the balance on a de-
                                                                     total balance due on an account,                           ceased consumer’s account in a timely
                                                                     through rebates of unearned finance                        manner.
                                                                     charges or insurance premiums, or                             (ii) Safe harbor. For purposes of para-
                                                                     through amounts otherwise owed to or                       graph (c)(2)(i) of this section, providing
                                                                     held for the benefit of the consumer),                     the amount of the balance on the ac-
                                                                     the creditor shall:                                        count within 30 days of receiving the
                                                                        (1) Credit the amount of the credit                     request is deemed to be timely.
                                                                     balance to the consumer’s account;                            (3) Limitations after receipt of request
                                                                        (2) Refund any part of the remaining                    from administrator—(i) Limitation on fees
                                                                     credit balance within seven business                       and increases in annual percentage rates.
                                                                     days from receipt of a written request                     After receiving a request from the ad-
                                                                     from the consumer;                                         ministrator of an estate for the
                                                                        (3) Make a good faith effort to refund                  amount of the balance on a deceased
                                                                     to the consumer by cash, check, or                         consumer’s account, a card issuer must




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                                                                     money order, or credit to a deposit ac-                    not impose any fees on the account
                                                                     count of the consumer, any part of the                     (such as a late fee, annual fee, or over-

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                                                                     § 1026.12                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     the-limit fee) or increase any annual                        (iii) The card issuer has provided a
                                                                     percentage rate, except as provided by                     means to identify the cardholder on
                                                                     § 1026.55(b)(2).                                           the account or the authorized user of
                                                                        (ii) Limitation on trailing or residual                 the card.
                                                                     interest. A card issuer must waive or re-                    (3) Notification to card issuer. Notifica-
                                                                     bate any additional finance charge due                     tion to a card issuer is given when
                                                                     to a periodic interest rate if payment                     steps have been taken as may be rea-
                                                                     in full of the balance disclosed pursu-                    sonably required in the ordinary course
                                                                     ant to paragraph (c)(2) of this section is                 of business to provide the card issuer
                                                                     received within 30 days after disclo-                      with the pertinent information about
                                                                     sure.                                                      the loss, theft, or possible unauthorized
                                                                                                                                use of a credit card, regardless of
                                                                     § 1026.12 Special credit card provi-
                                                                           sions.                                               whether any particular officer, em-
                                                                                                                                ployee, or agent of the card issuer does,
                                                                        (a) Issuance of credit cards. Regardless                in fact, receive the information. Notifi-
                                                                     of the purpose for which a credit card                     cation may be given, at the option of
                                                                     is to be used, including business, com-                    the person giving it, in person, by tele-
                                                                     mercial, or agricultural use, no credit                    phone, or in writing. Notification in
                                                                     card shall be issued to any person ex-                     writing is considered given at the time
                                                                     cept:                                                      of receipt or, whether or not received,
                                                                        (1) In response to an oral or written                   at the expiration of the time ordinarily
                                                                     request or application for the card; or                    required for transmission, whichever is
                                                                        (2) As a renewal of, or substitute for,                 earlier.
                                                                     an accepted credit card.
                                                                                                                                  (4) Effect of other applicable law or
                                                                        (b) Liability of cardholder for unau-
                                                                                                                                agreement. If state law or an agreement
                                                                     thorized use—(1)(i) Definition of unau-
                                                                                                                                between a cardholder and the card
                                                                     thorized use. For purposes of this sec-
                                                                                                                                issuer imposes lesser liability than
                                                                     tion, the term ‘‘unauthorized use’’
                                                                                                                                that provided in this paragraph, the
                                                                     means the use of a credit card by a per-
                                                                                                                                lesser liability shall govern.
                                                                     son, other than the cardholder, who
                                                                     does not have actual, implied, or appar-                     (5) Business use of credit cards. If 10 or
                                                                     ent authority for such use, and from                       more credit cards are issued by one
                                                                     which the cardholder receives no ben-                      card issuer for use by the employees of
                                                                     efit.                                                      an organization, this section does not
                                                                        (ii) Limitation on amount. The liabil-                  prohibit the card issuer and the organi-
                                                                     ity of a cardholder for unauthorized                       zation from agreeing to liability for
                                                                     use of a credit card shall not exceed the                  unauthorized use without regard to
                                                                     lesser of $50 or the amount of money,                      this section. However, liability for un-
                                                                     property, labor, or services obtained by                   authorized use may be imposed on an
                                                                     the unauthorized use before notifica-                      employee of the organization, by either
                                                                     tion to the card issuer under paragraph                    the card issuer or the organization,
                                                                     (b)(3) of this section.                                    only in accordance with this section.
                                                                        (2) Conditions of liability. A cardholder                 (c) Right of cardholder to assert claims
                                                                     shall be liable for unauthorized use of a                  or defenses against card issuer—(1) Gen-
                                                                     credit card only if:                                       eral rule. When a person who honors a
                                                                        (i) The credit card is an accepted                      credit card fails to resolve satisfac-
                                                                     credit card;                                               torily a dispute as to property or serv-
                                                                        (ii) The card issuer has provided ade-                  ices purchased with the credit card in a
                                                                     quate notice of the cardholder’s max-                      consumer credit transaction, the card-
                                                                     imum potential liability and of means                      holder may assert against the card
                                                                     by which the card issuer may be noti-                      issuer all claims (other than tort
                                                                     fied of loss or theft of the card. The no-                 claims) and defenses arising out of the
                                                                     tice shall state that the cardholder’s li-                 transaction and relating to the failure
                                                                     ability shall not exceed $50 (or any                       to resolve the dispute. The cardholder
                                                                     lesser amount) and that the cardholder                     may withhold payment up to the
                                                                     may give oral or written notification,                     amount of credit outstanding for the
                                                                     and shall describe a means of notifica-                    property or services that gave rise to




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                                                                     tion (for example, a telephone number,                     the dispute and any finance or other
                                                                     an address, or both); and                                  charges imposed on that amount.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.12

                                                                       (2) Adverse credit reports prohibited. If,               card issuer if the same procedure is
                                                                     in accordance with paragraph (c)(1) of                     constitutionally available to creditors
                                                                     this section, the cardholder withholds                     generally: Obtain or enforce a consen-
                                                                     payment of the amount of credit out-                       sual security interest in the funds; at-
                                                                     standing for the disputed transaction,                     tach or otherwise levy upon the funds;
                                                                     the card issuer shall not report that                      or obtain or enforce a court order re-
                                                                     amount as delinquent until the dispute                     lating to the funds.
                                                                     is settled or judgment is rendered.                           (3) Periodic deductions. (i) This para-
                                                                       (3) Limitations—(i) General. The rights                  graph (d) does not prohibit a plan, if
                                                                     stated in paragraphs (c)(1) and (c)(2) of                  authorized in writing by the card-
                                                                     this section apply only if:                                holder, under which the card issuer
                                                                       (A) The cardholder has made a good                       may periodically deduct all or part of
                                                                     faith attempt to resolve the dispute                       the cardholder’s credit card debt from
                                                                     with the person honoring the credit                        a deposit account held with the card
                                                                     card; and                                                  issuer (subject to the limitations in
                                                                       (B) The amount of credit extended to                     § 1026.13(d)(1)).
                                                                     obtain the property or services that re-                      (ii) With respect to a covered sepa-
                                                                     sult in the assertion of the claim or de-                  rate credit feature accessible by a hy-
                                                                     fense by the cardholder exceeds $50,                       brid prepaid-credit card as defined in
                                                                     and the disputed transaction occurred                      § 1026.61, for purposes of this paragraph
                                                                     in the same state as the cardholder’s                      (d)(3), ‘‘periodically’’ means no more
                                                                     current designated address or, if not                      frequently than once per calendar
                                                                     within the same state, within 100 miles                    month, such as on a monthly due date
                                                                     from that address.                                         disclosed on the applicable periodic
                                                                       (ii) Exclusion. The limitations stated                   statement in accordance with the re-
                                                                     in paragraph (c)(3)(i)(B) of this section                  quirements of § 1026.7(b)(11)(i)(A) or on
                                                                     shall not apply when the person hon-                       an earlier date in each calendar month
                                                                     oring the credit card:                                     in accordance with a written author-
                                                                       (A) Is the same person as the card                       ization signed by the consumer.
                                                                     issuer;                                                       (e) Prompt notification of returns and
                                                                       (B) Is controlled by the card issuer                     crediting of refunds. (1) When a creditor
                                                                     directly or indirectly;                                    other than the card issuer accepts the
                                                                       (C) Is under the direct or indirect                      return of property or forgives a debt
                                                                     control of a third person that also di-                    for services that is to be reflected as a
                                                                     rectly or indirectly controls the card                     credit to the consumer’s credit card ac-
                                                                     issuer;                                                    count, that creditor shall, within 7
                                                                       (D) Controls the card issuer directly                    business days from accepting the re-
                                                                     or indirectly;                                             turn or forgiving the debt, transmit a
                                                                       (E) Is a franchised dealer in the card                   credit statement to the card issuer
                                                                     issuer’s products or services; or                          through the card issuer’s normal chan-
                                                                       (F) Has obtained the order for the                       nels for credit statements.
                                                                     disputed transaction through a mail                           (2) The card issuer shall, within 3
                                                                     solicitation made or participated in by                    business days from receipt of a credit
                                                                     the card issuer.                                           statement, credit the consumer’s ac-
                                                                       (d) Offsets by card issuer prohibited—(1)                count with the amount of the refund.
                                                                     General rule. A card issuer may not                           (3) If a creditor other than a card
                                                                     take any action, either before or after                    issuer routinely gives cash refunds to
                                                                     termination of credit card privileges,                     consumers paying in cash, the creditor
                                                                     to offset a cardholder’s indebtedness                      shall also give credit or cash refunds to
                                                                     arising from a consumer credit trans-                      consumers using credit cards, unless it
                                                                     action under the relevant credit card                      discloses at the time the transaction is
                                                                     plan against funds of the cardholder                       consummated that credit or cash re-
                                                                     held on deposit with the card issuer.                      funds for returns are not given. This
                                                                       (2) Rights of the card issuer. This para-                section does not require refunds for re-
                                                                     graph (d) does not alter or affect the                     turns nor does it prohibit refunds in
                                                                     right of a card issuer acting under                        kind.
                                                                     state or Federal law to do any of the                         (f) Discounts; tie-in arrangements. No




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                                                                     following with regard to funds of a                        card issuer may, by contract or other-
                                                                     cardholder held on deposit with the                        wise:

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                                                                     § 1026.13                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (1) Prohibit any person who honors a                       (4) A reflection on a periodic state-
                                                                     credit card from offering a discount to                    ment of the creditor’s failure to credit
                                                                     a consumer to induce the consumer to                       properly a payment or other credit
                                                                     pay by cash, check, or similar means                       issued to the consumer’s account.
                                                                     rather than by use of a credit card or                       (5) A reflection on a periodic state-
                                                                     its underlying account for the purchase                    ment of a computational or similar
                                                                     of property or services; or                                error of an accounting nature that is
                                                                       (2) Require any person who honors                        made by the creditor.
                                                                     the card issuer’s credit card to open or
                                                                                                                                  (6) A reflection on a periodic state-
                                                                     maintain any account or obtain any
                                                                                                                                ment of an extension of credit for
                                                                     other service not essential to the oper-
                                                                     ation of the credit card plan from the                     which the consumer requests addi-
                                                                     card issuer or any other person, as a                      tional clarification, including docu-
                                                                     condition of participation in a credit                     mentary evidence.
                                                                     card plan. If maintenance of an ac-                          (7) The creditor’s failure to mail or
                                                                     count for clearing purposes is deter-                      deliver a periodic statement to the
                                                                     mined to be essential to the operation                     consumer’s last known address if that
                                                                     of the credit card plan, it may be re-                     address was received by the creditor, in
                                                                     quired only if no service charges or                       writing, at least 20 days before the end
                                                                     minimum balance requirements are                           of the billing cycle for which the state-
                                                                     imposed.                                                   ment was required.
                                                                       (g) Relation to Electronic Fund Trans-                     (b) Billing error notice. A billing error
                                                                     fer Act and Regulation E. For guidance                     notice is a written notice from a con-
                                                                     on whether Regulation Z (12 CFR part                       sumer that:
                                                                     1026) or Regulation E (12 CFR part 1005)                     (1) Is received by a creditor at the ad-
                                                                     applies in instances involving both                        dress disclosed under § 1026.7(a)(9) or
                                                                     credit and electronic fund transfer as-                    (b)(9), as applicable, no later than 60
                                                                     pects, refer to Regulation E, 12 CFR                       days after the creditor transmitted the
                                                                     1005.12(a) regarding issuance and liabil-                  first periodic statement that reflects
                                                                     ity for unauthorized use. On matters                       the alleged billing error;
                                                                     other than issuance and liability, this                      (2) Enables the creditor to identify
                                                                     section applies to the credit aspects of
                                                                                                                                the consumer’s name and account num-
                                                                     combined credit/electronic fund trans-
                                                                                                                                ber; and
                                                                     fer transactions, as applicable.
                                                                                                                                  (3) To the extent possible, indicates
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 81              the consumer’s belief and the reasons
                                                                     FR 84369, Nov. 22, 2016]                                   for the belief that a billing error exists,
                                                                     § 1026.13 Billing error resolution.                        and the type, date, and amount of the
                                                                                                                                error.
                                                                        (a) Definition of billing error. For pur-                 (c) Time for resolution; general proce-
                                                                     poses of this section, the term billing                    dures. (1) The creditor shall mail or de-
                                                                     error means:                                               liver written acknowledgment to the
                                                                        (1) A reflection on or with a periodic
                                                                                                                                consumer within 30 days of receiving a
                                                                     statement of an extension of credit
                                                                                                                                billing error notice, unless the creditor
                                                                     that is not made to the consumer or to
                                                                                                                                has complied with the appropriate res-
                                                                     a person who has actual, implied, or
                                                                                                                                olution procedures of paragraphs (e)
                                                                     apparent authority to use the con-
                                                                     sumer’s credit card or open-end credit                     and (f) of this section, as applicable,
                                                                     plan.                                                      within the 30-day period; and
                                                                        (2) A reflection on or with a periodic                    (2) The creditor shall comply with
                                                                     statement of an extension of credit                        the appropriate resolution procedures
                                                                     that is not identified in accordance                       of paragraphs (e) and (f) of this section,
                                                                     with the requirements of §§ 1026.7(a)(2)                   as applicable, within 2 complete billing
                                                                     or (b)(2), as applicable, and 1026.8.                      cycles (but in no event later than 90
                                                                        (3) A reflection on or with a periodic                  days) after receiving a billing error no-
                                                                     statement of an extension of credit for                    tice.
                                                                     property or services not accepted by                         (d) Rules pending resolution. Until a
                                                                     the consumer or the consumer’s des-                        billing error is resolved under para-




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                                                                     ignee, or not delivered to the consumer                    graph (e) or (f) of this section, the fol-
                                                                     or the consumer’s designee as agreed.                      lowing rules apply:

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.13

                                                                        (1) Consumer’s right to withhold dis-                   serted, it shall within the time limits
                                                                     puted amount; collection action prohib-                    in paragraph (c)(2) of this section:
                                                                     ited. The consumer need not pay (and                         (1) Correct the billing error and cred-
                                                                     the creditor may not try to collect)                       it the consumer’s account with any dis-
                                                                     any portion of any required payment                        puted amount and related finance or
                                                                     that the consumer believes is related                      other charges, as applicable; and
                                                                     to the disputed amount (including re-                        (2) Mail or deliver a correction notice
                                                                     lated finance or other charges). If the                    to the consumer.
                                                                     cardholder has enrolled in an auto-                          (f) Procedures if different billing error
                                                                     matic payment plan offered by the card                     or no billing error occurred. If, after con-
                                                                     issuer and has agreed to pay the credit                    ducting a reasonable investigation, a
                                                                     card indebtedness by periodic deduc-                       creditor determines that no billing
                                                                     tions from the cardholder’s deposit ac-                    error occurred or that a different bill-
                                                                     count, the card issuer shall not deduct                    ing error occurred from that asserted,
                                                                     any part of the disputed amount or re-                     the creditor shall within the time lim-
                                                                     lated finance or other charges if a bill-                  its in paragraph (c)(2) of this section:
                                                                     ing error notice is received any time up                     (1) Mail or deliver to the consumer an
                                                                     to 3 business days before the scheduled                    explanation that sets forth the reasons
                                                                     payment date.                                              for the creditor’s belief that the billing
                                                                        (2) Adverse credit reports prohibited.                  error alleged by the consumer is incor-
                                                                     The creditor or its agent shall not (di-                   rect in whole or in part;
                                                                     rectly or indirectly) make or threaten                       (2) Furnish copies of documentary
                                                                     to make an adverse report to any per-                      evidence of the consumer’s indebted-
                                                                     son about the consumer’s credit stand-                     ness, if the consumer so requests; and
                                                                     ing, or report that an amount or ac-                         (3) If a different billing error oc-
                                                                     count is delinquent, because the con-                      curred, correct the billing error and
                                                                     sumer failed to pay the disputed                           credit the consumer’s account with any
                                                                     amount or related finance or other                         disputed amount and related finance or
                                                                     charges.                                                   other charges, as applicable.
                                                                        (3) Acceleration of debt and restriction                  (g) Creditor’s rights and duties after
                                                                     of account prohibited. A creditor shall                    resolution. If a creditor, after com-
                                                                     not accelerate any part of the con-                        plying with all of the requirements of
                                                                     sumer’s indebtedness or restrict or                        this section, determines that a con-
                                                                     close a consumer’s account solely be-                      sumer owes all or part of the disputed
                                                                     cause the consumer has exercised in                        amount and related finance or other
                                                                     good faith rights provided by this sec-                    charges, the creditor:
                                                                     tion. A creditor may be subject to the                       (1) Shall promptly notify the con-
                                                                     forfeiture penalty under 15 U.S.C.                         sumer in writing of the time when pay-
                                                                     1666(e) for failure to comply with any                     ment is due and the portion of the dis-
                                                                     of the requirements of this section.                       puted amount and related finance or
                                                                        (4) Permitted creditor actions. A cred-                 other charges that the consumer still
                                                                     itor is not prohibited from taking ac-                     owes;
                                                                     tion to collect any undisputed portion                       (2) Shall allow any time period dis-
                                                                     of the item or bill; from deducting any                    closed under § 1026.6(a)(1) or (b)(2)(v), as
                                                                     disputed amount and related finance or                     applicable, and § 1026.7(a)(8) or (b)(8), as
                                                                     other charges from the consumer’s                          applicable, during which the consumer
                                                                     credit limit on the account; or from re-                   can pay the amount due under para-
                                                                     flecting a disputed amount and related                     graph (g)(1) of this section without in-
                                                                     finance or other charges on a periodic                     curring additional finance or other
                                                                     statement, provided that the creditor                      charges;
                                                                     indicates on or with the periodic state-                     (3) May report an account or amount
                                                                     ment that payment of any disputed                          as delinquent because the amount due
                                                                     amount and related finance or other                        under paragraph (g)(1) of this section
                                                                     charges is not required pending the                        remains unpaid after the creditor has
                                                                     creditor’s compliance with this section.                   allowed any time period disclosed
                                                                        (e) Procedures if billing error occurred                under § 1026.6(a)(1) or (b)(2)(v), as appli-




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                                                                     as asserted. If a creditor determines                      cable, and § 1026.7(a)(8) or (b)(8), as ap-
                                                                     that a billing error occurred as as-                       plicable or 10 days (whichever is

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                                                                     § 1026.14                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     longer) during which the consumer can                      credit feature with respect to a par-
                                                                     pay the amount; but                                        ticular transaction.
                                                                       (4) May not report that an amount or                     [76 FR 79772, Dec. 22, 2011, as amended at 81
                                                                     account is delinquent because the                          FR 84369, Nov. 22, 2016]
                                                                     amount due under paragraph (g)(1) of
                                                                     the section remains unpaid, if the cred-                   § 1026.14 Determination of annual per-
                                                                     itor receives (within the time allowed                           centage rate.
                                                                     for payment in paragraph (g)(3) of this                       (a) General rule. The annual percent-
                                                                     section) further written notice from                       age rate is a measure of the cost of
                                                                     the consumer that any portion of the                       credit, expressed as a yearly rate. An
                                                                     billing error is still in dispute, unless                  annual percentage rate shall be consid-
                                                                     the creditor also:                                         ered accurate if it is not more than
                                                                       (i) Promptly reports that the amount                     1⁄8th of 1 percentage point above or

                                                                     or account is in dispute;                                  below the annual percentage rate de-
                                                                       (ii) Mails or delivers to the consumer                   termined in accordance with this sec-
                                                                     (at the same time the report is made) a                    tion. An error in disclosure of the an-
                                                                     written notice of the name and address                     nual percentage rate or finance charge
                                                                     of each person to whom the creditor                        shall not, in itself, be considered a vio-
                                                                     makes a report; and                                        lation of this part if:
                                                                       (iii) Promptly reports any subsequent                       (1) The error resulted from a cor-
                                                                     resolution of the reported delinquency                     responding error in a calculation tool
                                                                     to all persons to whom the creditor has                    used in good faith by the creditor; and
                                                                     made a report.                                                (2) Upon discovery of the error, the
                                                                       (h) Reassertion of billing error. A cred-                creditor promptly discontinues use of
                                                                     itor that has fully complied with the                      that calculation tool for disclosure
                                                                     requirements of this section has no fur-                   purposes, and notifies the Bureau in
                                                                     ther responsibilities under this section                   writing of the error in the calculation
                                                                     (other than as provided in paragraph                       tool.
                                                                     (g)(4) of this section) if a consumer re-                     (b) Annual percentage rate—in general.
                                                                     asserts substantially the same billing                     Where one or more periodic rates may
                                                                     error.                                                     be used to compute the finance charge,
                                                                       (i) Relation to Electronic Fund Transfer                 the annual percentage rate(s) to be dis-
                                                                     Act and Regulation E. A creditor shall                     closed for purposes of §§ 1026.60, 1026.40,
                                                                     comply with the requirements of Regu-                      1026.6, 1026.7(a)(4) or (b)(4), 1026.9,
                                                                     lation E, 12 CFR 1005.11, and 1005.18(e)                   1026.15, 1026.16, 1026.26, 1026.55, and
                                                                     as applicable, governing error resolu-                     1026.56 shall be computed by multi-
                                                                     tion rather than those of paragraphs                       plying each periodic rate by the num-
                                                                     (a), (b), (c), (e), (f), and (h) of this sec-              ber of periods in a year.
                                                                     tion if:                                                      (c) Optional effective annual percentage
                                                                       (1) Except with respect to a prepaid                     rate for periodic statements for creditors
                                                                     account as defined in § 1026.61, an ex-                    offering open-end credit plans secured by
                                                                     tension of credit that is incident to an                   a consumer’s dwelling. A creditor offer-
                                                                     electronic fund transfer occurs under                      ing an open-end plan subject to the re-
                                                                     an agreement between the consumer                          quirements of § 1026.40 need not disclose
                                                                     and a financial institution to extend                      an effective annual percentage rate.
                                                                     credit when the consumer’s account is                      Such a creditor may, at its option, dis-
                                                                     overdrawn or to maintain a specified                       close an effective annual percentage
                                                                     minimum balance in the consumer’s                          rate(s) pursuant to § 1026.7(a)(7) and
                                                                     account; or                                                compute the effective annual percent-
                                                                       (2) With regard to a covered separate                    age rate as follows:
                                                                     credit feature and an asset feature of a                      (1) Solely periodic rates imposed. If the
                                                                     prepaid account where both are acces-                      finance charge is determined solely by
                                                                     sible by a hybrid prepaid-credit card as                   applying one or more periodic rates, at
                                                                     defined in § 1026.61, an extension of                      the creditor’s option, either:
                                                                     credit that is incident to an electronic                      (i) By multiplying each periodic rate
                                                                     fund transfer occurs when the hybrid                       by the number of periods in a year; or
                                                                     prepaid-credit card accesses both funds                       (ii) By dividing the total finance




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                                                                     in the asset feature of the prepaid ac-                    charge for the billing cycle by the sum
                                                                     count and a credit extension from the                      of the balances to which the periodic

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.15

                                                                     rates were applied and multiplying the                     nominator of the fraction under this
                                                                     quotient (expressed as a percentage) by                    paragraph.
                                                                     the number of billing cycles in a year.                      (4) If the finance charge imposed dur-
                                                                       (2) Minimum or fixed charge, but not                     ing the billing cycle is or includes a
                                                                     transaction charge, imposed. If the fi-                    minimum, fixed, or other charge not
                                                                     nance charge imposed during the bill-                      due to the application of a periodic
                                                                     ing cycle is or includes a minimum,                        rate and the total finance charge im-
                                                                     fixed, or other charge not due to the                      posed during the billing cycle does not
                                                                     application of a periodic rate, other                      exceed 50 cents for a monthly or longer
                                                                     than a charge with respect to any spe-                     billing cycle, or the pro rata part of 50
                                                                     cific transaction during the billing                       cents for a billing cycle shorter than
                                                                     cycle, by dividing the total finance                       monthly, at the creditor’s option, by
                                                                     charge for the billing cycle by the                        multiplying each applicable periodic
                                                                     amount of the balance(s) to which it is                    rate by the number of periods in a
                                                                     applicable     and    multiplying    the                   year, notwithstanding the provisions of
                                                                     quotient (expressed as a percentage) by                    paragraphs (c)(2) and (c)(3) of this sec-
                                                                     the number of billing cycles in a year.                    tion.
                                                                                                                                  (d) Calculations where daily periodic
                                                                     If there is no balance to which the fi-
                                                                                                                                rate applied. If the provisions of para-
                                                                     nance charge is applicable, an annual
                                                                                                                                graph (c)(1)(ii) or (c)(2) of this section
                                                                     percentage rate cannot be determined
                                                                                                                                apply and all or a portion of the fi-
                                                                     under this section. Where the finance
                                                                                                                                nance charge is determined by the ap-
                                                                     charge imposed during the billing cycle                    plication of one or more daily periodic
                                                                     is or includes a loan fee, points, or                      rates, the annual percentage rate may
                                                                     similar charge that relates to opening,                    be determined either:
                                                                     renewing, or continuing an account,                          (1) By dividing the total finance
                                                                     the amount of such charge shall not be                     charge by the average of the daily bal-
                                                                     included in the calculation of the an-                     ances and multiplying the quotient by
                                                                     nual percentage rate.                                      the number of billing cycles in a year;
                                                                       (3) Transaction charge imposed. If the                   or
                                                                     finance charge imposed during the bill-                      (2) By dividing the total finance
                                                                     ing cycle is or includes a charge relat-                   charge by the sum of the daily balances
                                                                     ing to a specific transaction during the                   and multiplying the quotient by 365.
                                                                     billing cycle (even if the total finance
                                                                     charge also includes any other min-                        § 1026.15 Right of rescission.
                                                                     imum, fixed, or other charge not due to                       (a) Consumer’s right to rescind. (1)(i)
                                                                     the application of a periodic rate), by                    Except as provided in paragraph
                                                                     dividing the total finance charge im-                      (a)(1)(ii) of this section, in a credit plan
                                                                     posed during the billing cycle by the                      in which a security interest is or will
                                                                     total of all balances and other amounts                    be retained or acquired in a consumer’s
                                                                     on which a finance charge was imposed                      principal dwelling, each consumer
                                                                     during the billing cycle without dupli-                    whose ownership interest is or will be
                                                                     cation, and multiplying the quotient                       subject to the security interest shall
                                                                     (expressed as a percentage) by the                         have the right to rescind: each credit
                                                                     number of billing cycles in a year, ex-                    extension made under the plan; the
                                                                     cept that the annual percentage rate                       plan when the plan is opened; a secu-
                                                                     shall not be less than the largest rate                    rity interest when added or increased
                                                                     determined by multiplying each peri-                       to secure an existing plan; and the in-
                                                                     odic rate imposed during the billing                       crease when a credit limit on the plan
                                                                     cycle by the number of periods in a                        is increased.
                                                                     year. Where the finance charge im-                            (ii) As provided in section 125(e) of
                                                                     posed during the billing cycle is or in-                   the Act, the consumer does not have
                                                                     cludes a loan fee, points, or similar                      the right to rescind each credit exten-
                                                                     charge that relates to the opening, re-                    sion made under the plan if such exten-
                                                                     newing, or continuing an account, the                      sion is made in accordance with a pre-
                                                                     amount of such charge shall not be in-                     viously established credit limit for the
                                                                     cluded in the calculation of the annual




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                                                                                                                                plan.
                                                                     percentage rate. See appendix F to this                       (2) To exercise the right to rescind,
                                                                     part regarding determination of the de-                    the consumer shall notify the creditor

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                                                                     § 1026.15                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     of the rescission by mail, telegram, or                      (1) The retention or acquisition of a
                                                                     other means of written communica-                          security interest in the consumer’s
                                                                     tion. Notice is considered given when                      principal dwelling.
                                                                     mailed, or when filed for telegraphic                        (2) The consumer’s right to rescind,
                                                                     transmission, or, if sent by other                         as described in paragraph (a)(1) of this
                                                                     means, when delivered to the creditor’s                    section.
                                                                     designated place of business.                                (3) How to exercise the right to re-
                                                                       (3) The consumer may exercise the                        scind, with a form for that purpose,
                                                                     right to rescind until midnight of the                     designating the address of the credi-
                                                                     third business day following the occur-                    tor’s place of business.
                                                                     rence described in paragraph (a)(1) of                       (4) The effects of rescission, as de-
                                                                     this section that gave rise to the right                   scribed in paragraph (d) of this section.
                                                                                                                                  (5) The date the rescission period ex-
                                                                     of rescission, delivery of the notice re-
                                                                                                                                pires.
                                                                     quired by paragraph (b) of this section,
                                                                                                                                  (c) Delay of creditor’s performance. Un-
                                                                     or delivery of all material disclosures,
                                                                                                                                less a consumer waives the right to re-
                                                                     whichever occurs last. If the required
                                                                                                                                scind under paragraph (e) of this sec-
                                                                     notice and material disclosures are not                    tion, no money shall be disbursed other
                                                                     delivered, the right to rescind shall ex-                  than in escrow, no services shall be
                                                                     pire 3 years after the occurrence giving                   performed, and no materials delivered
                                                                     rise to the right of rescission, or upon                   until after the rescission period has ex-
                                                                     transfer of all of the consumer’s inter-                   pired and the creditor is reasonably
                                                                     est in the property, or upon sale of the                   satisfied that the consumer has not re-
                                                                     property, whichever occurs first. In the                   scinded. A creditor does not violate
                                                                     case of certain administrative pro-                        this section if a third party with no
                                                                     ceedings, the rescission period shall be                   knowledge of the event activating the
                                                                     extended in accordance with section                        rescission right does not delay in pro-
                                                                     125(f) of the Act. The term material dis-                  viding materials or services, as long as
                                                                     closures means the information that                        the debt incurred for those materials
                                                                     must be provided to satisfy the require-                   or services is not secured by the prop-
                                                                     ments in § 1026.6 with regard to the                       erty subject to rescission.
                                                                     method of determining the finance                            (d) Effects of rescission. (1) When a
                                                                     charge and the balance upon which a fi-                    consumer rescinds a transaction, the
                                                                     nance charge will be imposed, the an-                      security interest giving rise to the
                                                                     nual percentage rate, the amount or                        right of rescission becomes void, and
                                                                     method of determining the amount of                        the consumer shall not be liable for
                                                                     any membership or participation fee                        any amount, including any finance
                                                                     that may be imposed as part of the                         charge.
                                                                     plan, and the payment information de-                        (2) Within 20 calendar days after re-
                                                                     scribed in § 1026.40(d)(5)(i) and (ii) that                ceipt of a notice of rescission, the cred-
                                                                     is required under § 1026.6(e)(2).                          itor shall return any money or prop-
                                                                       (4) When more than one consumer                          erty that has been given to anyone in
                                                                                                                                connection with the transaction and
                                                                     has the right to rescind, the exercise of
                                                                                                                                shall take any action necessary to re-
                                                                     the right by one consumer shall be ef-
                                                                                                                                flect the termination of the security
                                                                     fective as to all consumers.
                                                                                                                                interest.
                                                                       (b) Notice of right to rescind. In any                     (3) If the creditor has delivered any
                                                                     transaction or occurrence subject to                       money or property, the consumer may
                                                                     rescission, a creditor shall deliver two                   retain possession until the creditor has
                                                                     copies of the notice of the right to re-                   met its obligation under paragraph
                                                                     scind to each consumer entitled to re-                     (d)(2) of this section. When the creditor
                                                                     scind (one copy to each if the notice is                   has complied with that paragraph, the
                                                                     delivered in electronic form in accord-                    consumer shall tender the money or
                                                                     ance with the consumer consent and                         property to the creditor or, where the
                                                                     other applicable provisions of the E-                      latter would be impracticable or in-
                                                                     Sign Act). The notice shall identify the                   equitable, tender its reasonable value.
                                                                     transaction or occurrence and clearly                      At the consumer’s option, tender of




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                                                                     and conspicuously disclose the fol-                        property may be made at the location
                                                                     lowing:                                                    of the property or at the consumer’s

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.16

                                                                     residence. Tender of money must be                         nance charge under § 1026.4 that could
                                                                     made at the creditor’s designated place                    be imposed.
                                                                     of business. If the creditor does not                         (ii) Any periodic rate that may be ap-
                                                                     take possession of the money or prop-                      plied expressed as an annual percent-
                                                                     erty within 20 calendar days after the                     age      rate   as   determined      under
                                                                     consumer’s tender, the consumer may                        § 1026.14(b). If the plan provides for a
                                                                     keep it without further obligation.                        variable periodic rate, that fact shall
                                                                       (4) The procedures outlined in para-                     be disclosed.
                                                                     graphs (d)(2) and (3) of this section may                     (iii) Any membership or participa-
                                                                     be modified by court order.                                tion fee that could be imposed.
                                                                       (e) Consumer’s waiver of right to re-                       (2) If an advertisement for credit to
                                                                     scind. The consumer may modify or                          finance the purchase of goods or serv-
                                                                     waive the right to rescind if the con-                     ices specified in the advertisement
                                                                     sumer determines that the extension of                     states a periodic payment amount, the
                                                                     credit is needed to meet a bona fide                       advertisement shall also state the total
                                                                     personal financial emergency. To mod-                      of payments and the time period to
                                                                     ify or waive the right, the consumer                       repay the obligation, assuming that
                                                                     shall give the creditor a dated written                    the consumer pays only the periodic
                                                                     statement that describes the emer-                         payment amount advertised. The dis-
                                                                     gency, specifically modifies or waives                     closure of the total of payments and
                                                                     the right to rescind, and bears the sig-                   the time period to repay the obligation
                                                                     nature of all the consumers entitled to                    must be equally prominent to the
                                                                     rescind. Printed forms for this purpose                    statement of the periodic payment
                                                                     are prohibited.                                            amount.
                                                                       (f) Exempt transactions. The right to                       (c) Catalogs or other multiple-page ad-
                                                                     rescind does not apply to the following:                   vertisements; electronic advertisements. (1)
                                                                       (1) A residential mortgage trans-                        If a catalog or other multiple-page ad-
                                                                     action.                                                    vertisement, or an electronic adver-
                                                                       (2) A credit plan in which a state                       tisement (such as an advertisement ap-
                                                                     agency is a creditor.                                      pearing on an Internet Web site), gives
                                                                                                                                information in a table or schedule in
                                                                     § 1026.16      Advertising.                                sufficient detail to permit determina-
                                                                        (a) Actually available terms. If an ad-                 tion of the disclosures required by
                                                                     vertisement for credit states specific                     paragraph (b) of this section, it shall be
                                                                     credit terms, it shall state only those                    considered a single advertisement if:
                                                                     terms that actually are or will be ar-                        (i) The table or schedule is clearly
                                                                     ranged or offered by the creditor.                         and conspicuously set forth; and
                                                                        (b) Advertisement of terms that require                    (ii) Any statement of terms set forth
                                                                     additional disclosures. (1) Any term re-                   in § 1026.6 appearing anywhere else in
                                                                     quired      to    be    disclosed    under                 the catalog or advertisement clearly
                                                                     § 1026.6(b)(3) set forth affirmatively or                  refers to the page or location where the
                                                                     negatively in an advertisement for an                      table or schedule begins.
                                                                     open-end (not home-secured) credit                            (2) A catalog or other multiple-page
                                                                     plan triggers additional disclosures                       advertisement or an electronic adver-
                                                                     under this section. Any term required                      tisement (such as an advertisement ap-
                                                                     to be disclosed under § 1026.6(a)(1) or                    pearing on an Internet Web site) com-
                                                                     (a)(2) set forth affirmatively or nega-                    plies with this paragraph if the table or
                                                                     tively in an advertisement for a home-                     schedule of terms includes all appro-
                                                                     equity plan subject to the require-                        priate disclosures for a representative
                                                                     ments of § 1026.40 triggers additional                     scale of amounts up to the level of the
                                                                     disclosures under this section. If any of                  more commonly sold higher-priced
                                                                     the terms that trigger additional dis-                     property or services offered.
                                                                     closures under this paragraph is set                          (d) Additional requirements for home-
                                                                     forth in an advertisement, the adver-                      equity plans—(1) Advertisement of terms
                                                                     tisement shall also clearly and con-                       that require additional disclosures. If any
                                                                     spicuously set forth the following:                        of the terms required to be disclosed




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                                                                        (i) Any minimum, fixed, transaction,                    under § 1026.6(a)(1) or (a)(2) or the pay-
                                                                     activity or similar charge that is a fi-                   ment terms of the plan are set forth,

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                                                                     § 1026.16                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     affirmatively or negatively, in an ad-                        (ii) The amount and timing of the
                                                                     vertisement for a home-equity plan                         balloon payment that will result if the
                                                                     subject to the requirements of § 1026.40,                  consumer makes only the minimum
                                                                     the advertisement also shall clearly                       payments for the maximum period of
                                                                     and conspicuously set forth the fol-                       time that the consumer is permitted to
                                                                     lowing:                                                    make such payments.
                                                                       (i) Any loan fee that is a percentage                       (4) Tax implications. An advertisement
                                                                     of the credit limit under the plan and                     that states that any interest expense
                                                                     an estimate of any other fees imposed                      incurred under the home-equity plan is
                                                                     for opening the plan, stated as a single                   or may be tax deductible may not be
                                                                     dollar amount or a reasonable range.                       misleading in this regard. If an adver-
                                                                       (ii) Any periodic rate used to com-                      tisement distributed in paper form or
                                                                     pute the finance charge, expressed as                      through the Internet (rather than by
                                                                     an annual percentage rate as deter-                        radio or television) is for a home-eq-
                                                                     mined under § 1026.14(b).                                  uity plan secured by the consumer’s
                                                                       (iii) The maximum annual percent-                        principal dwelling, and the advertise-
                                                                     age rate that may be imposed in a vari-                    ment states that the advertised exten-
                                                                     able-rate plan.                                            sion of credit may exceed the fair mar-
                                                                       (2) Discounted and premium rates. If an                  ket value of the dwelling, the adver-
                                                                     advertisement states an initial annual                     tisement shall clearly and conspicu-
                                                                     percentage rate that is not based on                       ously state that:
                                                                     the index and margin used to make                             (i) The interest on the portion of the
                                                                     later rate adjustments in a variable-                      credit extension that is greater than
                                                                     rate plan, the advertisement also shall                    the fair market value of the dwelling is
                                                                     state with equal prominence and in                         not tax deductible for Federal income
                                                                     close proximity to the initial rate:                       tax purposes; and
                                                                       (i) The period of time such initial                         (ii) The consumer should consult a
                                                                     rate will be in effect; and                                tax adviser for further information re-
                                                                       (ii) A reasonably current annual per-                    garding the deductibility of interest
                                                                     centage rate that would have been in                       and charges.
                                                                     effect using the index and margin.                            (5) Misleading terms. An advertise-
                                                                       (3) Balloon payment. If an advertise-                    ment may not refer to a home-equity
                                                                     ment contains a statement of any min-                      plan as ‘‘free money’’ or contain a
                                                                     imum periodic payment and a balloon                        similarly misleading term.
                                                                     payment may result if only the min-                           (6) Promotional rates and payments. (i)
                                                                     imum periodic payments are made,                           Definitions. The following definitions
                                                                     even if such a payment is uncertain or                     apply for purposes of paragraph (d)(6)
                                                                     unlikely, the advertisement also shall                     of this section:
                                                                     state with equal prominence and in                            (A) Promotional rate. The term ‘‘pro-
                                                                     close proximity to the minimum peri-                       motional rate’’ means, in a variable-
                                                                     odic payment statement that a balloon                      rate plan, any annual percentage rate
                                                                     payment may result, if applicable. A                       that is not based on the index and mar-
                                                                     balloon payment results if paying the                      gin that will be used to make rate ad-
                                                                     minimum periodic payments does not                         justments under the plan, if that rate
                                                                     fully amortize the outstanding balance                     is less than a reasonably current an-
                                                                     by a specified date or time, and the                       nual percentage rate that would be in
                                                                     consumer is required to repay the en-                      effect under the index and margin that
                                                                     tire outstanding balance at such time.                     will be used to make rate adjustments
                                                                     If a balloon payment will occur when                       under the plan.
                                                                     the consumer makes only the min-                              (B) Promotional payment. The term
                                                                     imum payments required under the                           ‘‘promotional payment’’ means:
                                                                     plan, an advertisement for such a pro-                        (1) For a variable-rate plan, any min-
                                                                     gram which contains any statement of                       imum payment applicable for a pro-
                                                                     any minimum periodic payment shall                         motional period that:
                                                                     also state with equal prominence and                          (i) Is not derived by applying the
                                                                     in close proximity to the minimum                          index and margin to the outstanding
                                                                     periodic payment statement:                                balance when such index and margin




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                                                                       (i) That a balloon payment will re-                      will be used to determine other min-
                                                                     sult; and                                                  imum payments under the plan; and

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.16

                                                                        (ii) Is less than other minimum pay-                    ing any of the terms requiring addi-
                                                                     ments under the plan derived by apply-                     tional disclosures under paragraphs
                                                                     ing a reasonably current index and                         (b)(1) or (d)(1) of this section may alter-
                                                                     margin that will be used to determine                      natively comply with paragraphs (b)(1)
                                                                     the amount of such payments, given an                      or (d)(1) of this section by stating the
                                                                     assumed balance.                                           information required by paragraphs
                                                                        (2) For a plan other than a variable-                   (b)(1)(ii) or (d)(1)(ii) of this section, as
                                                                     rate plan, any minimum payment ap-                         applicable, and listing a toll-free tele-
                                                                     plicable for a promotional period if                       phone number, or any telephone num-
                                                                     that payment is less than other pay-                       ber that allows a consumer to reverse
                                                                     ments required under the plan given an                     the phone charges when calling for in-
                                                                     assumed balance.                                           formation, along with a reference that
                                                                        (C) Promotional period. A ‘‘pro-                        such number may be used by con-
                                                                     motional period’’ means a period of                        sumers to obtain the additional cost
                                                                     time, less than the full term of the                       information.
                                                                     loan, that the promotional rate or pro-                       (f) Misleading terms. An advertisement
                                                                     motional payment may be applicable.                        may not refer to an annual percentage
                                                                        (ii) Stating the promotional period and                 rate as ‘‘fixed,’’ or use a similar term,
                                                                     post-promotional rate or payments. If any                  unless the advertisement also specifies
                                                                     annual percentage rate that may be ap-                     a time period that the rate will be fixed
                                                                     plied to a plan is a promotional rate, or                  and the rate will not increase during
                                                                     if any payment applicable to a plan is                     that period, or if no such time period is
                                                                     a promotional payment, the following                       provided, the rate will not increase
                                                                     must be disclosed in any advertise-                        while the plan is open.
                                                                     ment, other than television or radio                          (g) Promotional rates and fees—(1)
                                                                     advertisements, in a clear and con-                        Scope. The requirements of this para-
                                                                     spicuous manner with equal promi-                          graph apply to any advertisement of an
                                                                     nence and in close proximity to each
                                                                                                                                open-end (not home-secured) plan, in-
                                                                     listing of the promotional rate or pay-
                                                                                                                                cluding promotional materials accom-
                                                                     ment:
                                                                                                                                panying applications or solicitations
                                                                        (A) The period of time during which
                                                                                                                                subject to § 1026.60(c) or accompanying
                                                                     the promotional rate or promotional
                                                                                                                                applications or solicitations subject to
                                                                     payment will apply;
                                                                                                                                § 1026.60(e).
                                                                        (B) In the case of a promotional rate,
                                                                     any annual percentage rate that will                          (2) Definitions. (i) Promotional rate
                                                                     apply under the plan. If such rate is                      means any annual percentage rate ap-
                                                                     variable, the annual percentage rate                       plicable to one or more balances or
                                                                     must be disclosed in accordance with                       transactions on an open-end (not home-
                                                                     the accuracy standards in § 1026.40 or                     secured) plan for a specified period of
                                                                     § 1026.16(b)(1)(ii) as applicable; and                     time that is lower than the annual per-
                                                                        (C) In the case of a promotional pay-                   centage rate that will be in effect at
                                                                     ment, the amounts and time periods of                      the end of that period on such balances
                                                                     any payments that will apply under                         or transactions.
                                                                     the plan. In variable-rate transactions,                      (ii) Introductory rate means a pro-
                                                                     payments that will be determined                           motional rate offered in connection
                                                                     based on application of an index and                       with the opening of an account.
                                                                     margin shall be disclosed based on a                          (iii) Promotional period means the
                                                                     reasonably current index and margin.                       maximum time period for which a pro-
                                                                        (iii) Envelope excluded. The require-                   motional rate or promotional fee may
                                                                     ments in paragraph (d)(6)(ii) of this                      be applicable.
                                                                     section do not apply to an envelope in                        (iv) Promotional fee means a fee re-
                                                                     which an application or solicitation is                    quired      to    be     disclosed    under
                                                                     mailed, or to a banner advertisement                       § 1026.6(b)(1) and (2) applicable to an
                                                                     or pop-up advertisement linked to an                       open-end (not home-secured) plan, or to
                                                                     application or solicitation provided                       one or more balances or transactions
                                                                     electronically.                                            on an open-end (not home-secured)
                                                                        (e) Alternative disclosures—television or               plan, for a specified period of time that




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                                                                     radio advertisements. An advertisement                     is lower than the fee that will be in ef-
                                                                     made through television or radio stat-                     fect at the end of that period for such

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                                                                     § 1026.16                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     plan or types of balances or trans-                        advertisement or pop-up advertise-
                                                                     actions.                                                   ment, linked to an application or solic-
                                                                        (v) Introductory fee means a pro-                       itation provided electronically.
                                                                     motional fee offered in connection with                       (h) Deferred interest or similar offers—
                                                                     the opening of an account.                                 (1) Scope. The requirements of this
                                                                        (3) Stating the term ‘‘introductory’’. If               paragraph apply to any advertisement
                                                                     any annual percentage rate or fee that                     of an open-end credit plan not subject
                                                                     may be applied to the account is an in-                    to § 1026.40, including promotional ma-
                                                                     troductory rate or introductory fee,                       terials accompanying applications or
                                                                     the term introductory or intro must be                     solicitations subject to § 1026.60(c) or
                                                                     in immediate proximity to each listing                     accompanying applications or solicita-
                                                                     of the introductory rate or introduc-                      tions subject to § 1026.60(e).
                                                                     tory fee in a written or electronic ad-                       (2) Definitions. ‘‘Deferred interest’’
                                                                     vertisement.                                               means finance charges, accrued on bal-
                                                                        (4) Stating the promotional period and                  ances or transactions, that a consumer
                                                                     post-promotional rate or fee. If any an-                   is not obligated to pay or that will be
                                                                     nual percentage rate that may be ap-                       waived or refunded to a consumer if
                                                                     plied to the account is a promotional                      those balances or transactions are paid
                                                                     rate under paragraph (g)(2)(i) of this                     in full by a specified date. The max-
                                                                     section or any fee that may be applied                     imum period from the date the con-
                                                                     to the account is a promotional fee                        sumer becomes obligated for the bal-
                                                                     under paragraph (g)(2)(iv) of this sec-                    ance or transaction until the specified
                                                                     tion, the information in paragraphs                        date by which the consumer must pay
                                                                     (g)(4)(i) and, as applicable, (g)(4)(ii) or                the balance or transaction in full in
                                                                     (iii) of this section must be stated in a                  order to avoid finance charges, or re-
                                                                     clear and conspicuous manner in the                        ceive a waiver or refund of finance
                                                                     advertisement. If the rate or fee is                       charges, is the ‘‘deferred interest pe-
                                                                     stated in a written or electronic adver-                   riod.’’ ‘‘Deferred interest’’ does not in-
                                                                     tisement, the information in para-                         clude any finance charges the con-
                                                                     graphs (g)(4)(i) and, as applicable,                       sumer avoids paying in connection
                                                                     (g)(4)(ii) or (iii) of this section must                   with any recurring grace period.
                                                                     also be stated in a prominent location                        (3) Stating the deferred interest period.
                                                                     closely proximate to the first listing of                  If a deferred interest offer is adver-
                                                                     the promotional rate or promotional                        tised, the deferred interest period must
                                                                     fee.                                                       be stated in a clear and conspicuous
                                                                        (i) When the promotional rate or pro-                   manner in the advertisement. If the
                                                                     motional fee will end;                                     phrase ‘‘no interest’’ or similar term
                                                                        (ii) The annual percentage rate that                    regarding the possible avoidance of in-
                                                                     will apply after the end of the pro-                       terest obligations under the deferred
                                                                     motional period. If such rate is vari-                     interest program is stated, the term ‘‘if
                                                                     able, the annual percentage rate must                      paid in full’’ must also be stated in a
                                                                     comply with the accuracy standards in                      clear and conspicuous manner pre-
                                                                     § 1026.60(c)(2),                § 1026.60(d)(3),           ceding the disclosure of the deferred in-
                                                                     § 1026.60(e)(4), or § 1026.16(b)(1)(ii), as ap-            terest period in the advertisement. If
                                                                     plicable. If such rate cannot be deter-                    the deferred interest offer is included
                                                                     mined at the time disclosures are given                    in a written or electronic advertise-
                                                                     because the rate depends at least in                       ment, the deferred interest period and,
                                                                     part on a later determination of the                       if applicable, the term ‘‘if paid in full’’
                                                                     consumer’s creditworthiness, the ad-                       must also be stated in immediate prox-
                                                                     vertisement must disclose the specific                     imity to each statement of ‘‘no inter-
                                                                     rates or the range of rates that might                     est,’’ ‘‘no payments,’’ ‘‘deferred inter-
                                                                     apply; and                                                 est,’’ ‘‘same as cash,’’ or similar term
                                                                        (iii) The fee that will apply after the                 regarding interest or payments during
                                                                     end of the promotional period.                             the deferred interest period.
                                                                        (5) Envelope excluded. The require-                        (4) Stating the terms of the deferred in-
                                                                     ments in paragraph (g)(4) of this sec-                     terest or similar offer. If any deferred in-
                                                                     tion do not apply to an envelope or                        terest offer is advertised, the informa-




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                                                                     other enclosure in which an application                    tion in paragraphs (h)(4)(i) and (h)(4)(ii)
                                                                     or solicitation is mailed, or to a banner                  of this section must be stated in the

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.17

                                                                     advertisement, in language similar to                      the E-Sign Act in the circumstances
                                                                     Sample G–24 in appendix G to this part.                    set forth in those sections. The disclo-
                                                                     If the deferred interest offer is included                 sures shall be grouped together, shall
                                                                     in a written or electronic advertise-                      be segregated from everything else, and
                                                                     ment, the information in paragraphs                        shall not contain any information not
                                                                     (h)(4)(i) and (h)(4)(ii) of this section                   directly related to the disclosures re-
                                                                     must also be stated in a prominent lo-                     quired under § 1026.18, § 1026.20(c) and
                                                                     cation closely proximate to the first                      (d), or § 1026.47. The disclosures re-
                                                                     statement of ‘‘no interest,’’ ‘‘no pay-                    quired by § 1026.20(d) shall be provided
                                                                     ments,’’ ‘‘deferred interest,’’ ‘‘same as                  as a separate document from all other
                                                                     cash,’’ or similar term regarding inter-                   written materials. The disclosures may
                                                                     est or payments during the deferred in-                    include an acknowledgment of receipt,
                                                                     terest period.                                             the date of the transaction, and the
                                                                       (i) A statement that interest will be                    consumer’s name, address, and account
                                                                     charged from the date the consumer                         number. The following disclosures may
                                                                     becomes obligated for the balance or                       be made together with or separately
                                                                     transaction subject to the deferred in-                    from other required disclosures: The
                                                                     terest offer if the balance or trans-                      creditor’s identity under § 1026.18(a),
                                                                     action is not paid in full within the de-                  the variable rate example under
                                                                     ferred interest period; and                                § 1026.18(f)(1)(iv), insurance or debt can-
                                                                       (ii) A statement, if applicable, that                    cellation under § 1026.18(n), and certain
                                                                     interest will be charged from the date                     security      interest     charges   under
                                                                     the consumer incurs the balance or                         § 1026.18(o). The itemization of the
                                                                     transaction subject to the deferred in-                    amount financed under § 1026.18(c)(1)
                                                                     terest offer if the account is in default                  must be separate from the other disclo-
                                                                     before the end of the deferred interest                    sures under § 1026.18, except for private
                                                                     period.                                                    education loan disclosures made in
                                                                       (5) Envelope excluded. The require-                      compliance with § 1026.47.
                                                                     ments in paragraph (h)(4) of this sec-                        (2) Except for private education loan
                                                                     tion do not apply to an envelope or                        disclosures made in compliance with
                                                                     other enclosure in which an application                    § 1026.47, the terms ‘‘finance charge’’
                                                                     or solicitation is mailed, or to a banner                  and ‘‘annual percentage rate,’’ when re-
                                                                     advertisement or pop-up advertisement                      quired to be disclosed under § 1026.18(d)
                                                                     linked to an application or solicitation                   and (e) together with a corresponding
                                                                     provided electronically.                                   amount or percentage rate, shall be
                                                                                                                                more conspicuous than any other dis-
                                                                         Subpart C—Closed-End Credit                            closure, except the creditor’s identity
                                                                                                                                under § 1026.18(a). For private education
                                                                     § 1026.17 General disclosure require-                      loan disclosures made in compliance
                                                                          ments.                                                with § 1026.47, the term ‘‘annual per-
                                                                        (a) Form of disclosures. Except for the                 centage rate,’’ and the corresponding
                                                                     disclosures required by § 1026.19(e), (f),                 percentage rate must be less con-
                                                                     and (g):                                                   spicuous than the term ‘‘finance
                                                                        (1) The creditor shall make the dis-                    charge’’ and corresponding amount
                                                                     closures required by this subpart clear-                   under § 1026.18(d), the interest rate
                                                                     ly and conspicuously in writing, in a                      under §§ 1026.47(b)(1)(i) and (c)(1), and
                                                                     form that the consumer may keep. The                       the notice of the right to cancel under
                                                                     disclosures required by this subpart                       § 1026.47(c)(4).
                                                                     may be provided to the consumer in                            (b) Time of disclosures. The creditor
                                                                     electronic form, subject to compliance                     shall make disclosures before con-
                                                                     with the consumer consent and other                        summation of the transaction. In cer-
                                                                     applicable provisions of the Electronic                    tain residential mortgage transactions,
                                                                     Signatures in Global and National                          special timing requirements are set
                                                                     Commerce Act (E-Sign Act) (15 U.S.C.                       forth in § 1026.19(a). In certain variable-
                                                                     7001 et seq.). The disclosures required by                 rate transactions, special timing re-
                                                                     §§ 1026.17(g), 1026.19(b), and 1026.24 may                 quirements for variable-rate disclo-
                                                                     be provided to the consumer in elec-                       sures are set forth in §§ 1026.19(b) and




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                                                                     tronic form without regard to the con-                     1026.20(c) and (d). For private education
                                                                     sumer consent or other provisions of                       loan disclosures made in compliance

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                                                                     § 1026.17                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     with § 1026.47, special timing require-                    days shorter or 21 days longer than a
                                                                     ments are set forth in § 1026.46(d). In                    regular period; and
                                                                     certain transactions involving mail or                        (iii) For transactions in which the
                                                                     telephone orders or a series of sales,                     term is at least 10 years, a first period
                                                                     the timing of disclosures may be de-                       shorter than or not more than 32 days
                                                                     layed in accordance with paragraphs                        longer than a regular period.
                                                                     (g) and (h) of this section. This para-                       (5) If an obligation is payable on de-
                                                                     graph (b) does not apply to the disclo-                    mand, the creditor shall make the dis-
                                                                     sures required by §§ 1026.19(e), (f), and                  closures based on an assumed maturity
                                                                     (g) and 1026.20(e).                                        of 1 year. If an alternate maturity date
                                                                       (c) Basis of disclosures and use of esti-                is stated in the legal obligation be-
                                                                     mates. (1) The disclosures shall reflect                   tween the parties, the disclosures shall
                                                                     the terms of the legal obligation be-                      be based on that date.
                                                                     tween the parties.                                            (6)(i) A series of advances under an
                                                                       (2)(i) If any information necessary for                  agreement to extend credit up to a cer-
                                                                     an accurate disclosure is unknown to                       tain amount may be considered as one
                                                                     the creditor, the creditor shall make                      transaction.
                                                                     the disclosure based on the best infor-                       (ii) When a multiple-advance loan to
                                                                     mation reasonably available at the                         finance the construction of a dwelling
                                                                     time the disclosure is provided to the                     may be permanently financed by the
                                                                     consumer, and shall state clearly that                     same creditor, the construction phase
                                                                     the disclosure is an estimate.                             and the permanent phase may be treat-
                                                                       (ii) For a transaction in which a por-                   ed as either one transaction or more
                                                                     tion of the interest is determined on a                    than one transaction.
                                                                     per-diem basis and collected at con-                          (d) Multiple creditors; multiple con-
                                                                     summation, any disclosure affected by                      sumers. If a transaction involves more
                                                                     the per-diem interest shall be consid-                     than one creditor, only one set of dis-
                                                                     ered accurate if the disclosure is based                   closures shall be given and the credi-
                                                                     on the information known to the cred-                      tors shall agree among themselves
                                                                     itor at the time that the disclosure                       which creditor must comply with the
                                                                     documents are prepared for consumma-                       requirements that this part imposes on
                                                                     tion of the transaction.
                                                                                                                                any or all of them. If there is more
                                                                       (3) The creditor may disregard the ef-                   than one consumer, the disclosures
                                                                     fects of the following in making cal-                      may be made to any consumer who is
                                                                     culations and disclosures.                                 primarily liable on the obligation. If
                                                                       (i) That payments must be collected                      the transaction is rescindable under
                                                                     in whole cents.                                            § 1026.23, however, the disclosures shall
                                                                       (ii) That dates of scheduled payments                    be made to each consumer who has the
                                                                     and advances may be changed because                        right to rescind.
                                                                     the scheduled date is not a business                          (e) Effect of subsequent events. If a dis-
                                                                     day.                                                       closure becomes inaccurate because of
                                                                       (iii) That months have different num-                    an event that occurs after the creditor
                                                                     bers of days.                                              delivers the required disclosures, the
                                                                       (iv) The occurrence of leap year.                        inaccuracy is not a violation of this
                                                                       (4) In making calculations and disclo-                   part, although new disclosures may be
                                                                     sures, the creditor may disregard any                      required under paragraph (f) of this
                                                                     irregularity in the first period that                      section,       § 1026.19,     § 1026.20,  or
                                                                     falls within the limits described below                    § 1026.48(c)(4).
                                                                     and any payment schedule irregularity                         (f) Early disclosures. Except for pri-
                                                                     that results from the irregular first pe-                  vate education loan disclosures made
                                                                     riod:                                                      in compliance with § 1026.47, if disclo-
                                                                       (i) For transactions in which the                        sures required by this subpart are
                                                                     term is less than 1 year, a first period                   given before the date of consummation
                                                                     not more than 6 days shorter or 13 days                    of a transaction and a subsequent
                                                                     longer than a regular period;                              event makes them inaccurate, the
                                                                       (ii) For transactions in which the                       creditor shall disclose before con-




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                                                                     term is at least 1 year and less than 10                   summation (subject to the provisions
                                                                     years, a first period not more than 11                     of § 1026.19(a)(2), (e), and (f)):

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.18

                                                                        (1) Any changed term unless the term                    any unearned finance charge on an ex-
                                                                     was based on an estimate in accordance                     isting balance.
                                                                     with § 1026.17(c)(2) and was labeled an                       (2) The creditor retains no security
                                                                     estimate;                                                  interest in any property after the cred-
                                                                        (2) All changed terms, if the annual                    itor has received payments equal to the
                                                                     percentage rate at the time of con-                        cash price and any finance charge at-
                                                                     summation varies from the annual per-                      tributable to the sale of that property.
                                                                     centage rate disclosed earlier by more                     For purposes of this provision, in the
                                                                     than 1⁄8 of 1 percentage point in a reg-                   case of items purchased on different
                                                                     ular transaction, or more than 1⁄4 of 1                    dates, the first purchased is deemed the
                                                                     percentage point in an irregular trans-                    first item paid for; in the case of items
                                                                     action, as defined in § 1026.22(a).                        purchased on the same date, the lowest
                                                                        (g) Mail or telephone orders—delay in                   priced is deemed the first item paid for.
                                                                     disclosures. Except for private edu-                          (i) Interim student credit extensions.
                                                                     cation loan disclosures made in compli-                    For transactions involving an interim
                                                                     ance with § 1026.47 and mortgage disclo-                   credit extension under a student credit
                                                                     sures     made     in    compliance     with               program for which an application is re-
                                                                     § 1026.19(a) or (e), (f), and (g), if a cred-              ceived prior to the mandatory compli-
                                                                     itor receives a purchase order or a re-                    ance date of §§ 1026.46, 47, and 48, the
                                                                     quest for an extension of credit by                        creditor need not make the following
                                                                     mail, telephone, or facsimile machine                      disclosures: the finance charge under
                                                                     without face-to-face or direct tele-                       § 1026.18(d), the payment schedule under
                                                                     phone solicitation, the creditor may                       § 1026.18(g), the total of payments under
                                                                     delay the disclosures until the due date                   § 1026.18(h), or the total sale price under
                                                                     of the first payment, if the following                     § 1026.18(j) at the time the credit is ac-
                                                                     information         for      representative                tually extended. The creditor must
                                                                     amounts or ranges of credit is made                        make complete disclosures at the time
                                                                     available in written form or in elec-                      the creditor and consumer agree upon
                                                                     tronic form to the consumer or to the                      the repayment schedule for the total
                                                                     public before the actual purchase order                    obligation. At that time, a new set of
                                                                     or request:                                                disclosures must be made of all appli-
                                                                        (1) The cash price or the principal                     cable items under § 1026.18.
                                                                     loan amount.                                               [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                        (2) The total sale price.                               FR 11004, Feb. 14, 2013; 78 FR 80107, Dec. 31,
                                                                        (3) The finance charge.                                 2013]
                                                                        (4) The annual percentage rate, and if                  § 1026.18 Content of disclosures.
                                                                     the rate may increase after consumma-
                                                                     tion, the following disclosures:                              For each transaction other than a
                                                                                                                                mortgage       transaction   subject    to
                                                                        (i) The circumstances under which
                                                                                                                                § 1026.19(e) and (f), the creditor shall
                                                                     the rate may increase.
                                                                                                                                disclose the following information as
                                                                        (ii) Any limitations on the increase.                   applicable:
                                                                        (iii) The effect of an increase.                           (a) Creditor. The identity of the cred-
                                                                        (5) The terms of repayment.                             itor making the disclosures.
                                                                        (h) Series of sales—delay in disclosures.                  (b) Amount financed. The amount fi-
                                                                     Except for mortgage disclosures made                       nanced, using that term, and a brief de-
                                                                     in compliance with § 1026.19(a) or (e),                    scription such as the amount of credit
                                                                     (f), and (g), if a credit sale is one of a                 provided to you or on your behalf. The
                                                                     series made under an agreement pro-                        amount financed is calculated by:
                                                                     viding that subsequent sales may be                           (1) Determining the principal loan
                                                                     added to an outstanding balance, the                       amount or the cash price (subtracting
                                                                     creditor may delay the required disclo-                    any downpayment);
                                                                     sures until the due date of the first                         (2) Adding any other amounts that
                                                                     payment for the current sale, if the fol-                  are financed by the creditor and are
                                                                     lowing two conditions are met:                             not part of the finance charge; and
                                                                        (1) The consumer has approved in                           (3) Subtracting any prepaid finance
                                                                     writing the annual percentage rate or




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                                                                                                                                charge.
                                                                     rates, the range of balances to which                         (c) Itemization of amount financed. (1)
                                                                     they apply, and the method of treating                     Except as provided in paragraphs (c)(2)

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                                                                     § 1026.18                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     and (c)(3) of this section, a separate                     nanced of more than $1,000, it is not
                                                                     written itemization of the amount fi-                      more than $10 above or below the
                                                                     nanced, including:                                         amount required to be disclosed.
                                                                       (i) The amount of any proceeds dis-                        (e) Annual percentage rate. The annual
                                                                     tributed directly to the consumer.                         percentage rate, using that term, and a
                                                                       (ii) The amount credited to the con-                     brief description such as ‘‘the cost of
                                                                     sumer’s account with the creditor.                         your credit as a yearly rate.’’ For any
                                                                       (iii) Any amounts paid to other per-                     transaction involving a finance charge
                                                                     sons by the creditor on the consumer’s                     of $5 or less on an amount financed of
                                                                     behalf. The creditor shall identify                        $75 or less, or a finance charge of $7.50
                                                                     those persons. The following payees                        or less on an amount financed of more
                                                                     may be described using generic or                          than $75, the creditor need not disclose
                                                                     other general terms and need not be                        the annual percentage rate.
                                                                     further identified: public officials or                      (f) Variable rate. (1) Except as pro-
                                                                     government agencies, credit reporting                      vided in paragraph (f)(3) of this section,
                                                                     agencies, appraisers, and insurance                        if the annual percentage rate may in-
                                                                     companies.                                                 crease after consummation in a trans-
                                                                       (iv) The prepaid finance charge.                         action not secured by the consumer’s
                                                                       (2) The creditor need not comply with                    principal dwelling or in a transaction
                                                                     paragraph (c)(1) of this section if the                    secured by the consumer’s principal
                                                                     creditor provides a statement that the                     dwelling with a term of one year or
                                                                     consumer has the right to receive a                        less, the following disclosures:
                                                                     written itemization of the amount fi-                        (i) The circumstances under which
                                                                     nanced, together with a space for the                      the rate may increase.
                                                                     consumer to indicate whether it is de-                       (ii) Any limitations on the increase.
                                                                     sired, and the consumer does not re-                         (iii) The effect of an increase.
                                                                     quest it.                                                    (iv) An example of the payment
                                                                       (3) Good faith estimates of settle-                      terms that would result from an in-
                                                                     ment costs provided for transactions                       crease.
                                                                     subject to the Real Estate Settlement                        (2) If the annual percentage rate may
                                                                     Procedures Act (12 U.S.C. 2601 et seq.)                    increase after consummation in a
                                                                     may be substituted for the disclosures                     transaction secured by the consumer’s
                                                                     required by paragraph (c)(1) of this sec-                  principal dwelling with a term greater
                                                                     tion.                                                      than one year, the following disclo-
                                                                       (d) Finance charge. The finance                          sures:
                                                                     charge, using that term, and a brief de-                     (i) The fact that the transaction con-
                                                                     scription such as ‘‘the dollar amount                      tains a variable-rate feature.
                                                                     the credit will cost you.’’                                  (ii) A statement that variable-rate
                                                                       (1) Mortgage loans. In a transaction                     disclosures have been provided earlier.
                                                                     secured by real property or a dwelling,                      (3) Information provided in accord-
                                                                     the disclosed finance charge and other                     ance with §§ 1026.18(f)(2) and 1026.19(b)
                                                                     disclosures affected by the disclosed fi-                  may be substituted for the disclosures
                                                                     nance charge (including the amount fi-                     required by paragraph (f)(1) of this sec-
                                                                     nanced and the annual percentage rate)                     tion.
                                                                     shall be treated as accurate if the                          (g) Payment schedule. Other than for a
                                                                     amount disclosed as the finance                            transaction that is subject to para-
                                                                     charge:                                                    graph (s) of this section, the number,
                                                                       (i) Is understated by no more than                       amounts, and timing of payments
                                                                     $100; or                                                   scheduled to repay the obligation.
                                                                       (ii) Is greater than the amount re-                        (1) In a demand obligation with no al-
                                                                     quired to be disclosed.                                    ternate maturity date, the creditor
                                                                       (2) Other credit. In any other trans-                    may comply with this paragraph by
                                                                     action, the amount disclosed as the fi-                    disclosing the due dates or payment pe-
                                                                     nance charge shall be treated as accu-                     riods of any scheduled interest pay-
                                                                     rate if, in a transaction involving an                     ments for the first year.
                                                                     amount financed of $1,000 or less, it is                     (2) In a transaction in which a series
                                                                     not more than $5 above or below the                        of payments varies because a finance




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                                                                     amount required to be disclosed; or, in                    charge is applied to the unpaid prin-
                                                                     a transaction involving an amount fi-                      cipal balance, the creditor may comply

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.18

                                                                     with this paragraph by disclosing the                         (n) Insurance and debt cancellation.
                                                                     following information:                                     The items required by § 1026.4(d) in
                                                                       (i) The dollar amounts of the largest                    order to exclude certain insurance pre-
                                                                     and smallest payments in the series.                       miums and debt cancellation fees from
                                                                       (ii) A reference to the variations in                    the finance charge.
                                                                     the other payments in the series.                             (o) Certain security interest charges.
                                                                       (h) Total of payments. The total of pay-                 The disclosures required by § 1026.4(e)
                                                                     ments, using that term, and a descrip-                     in order to exclude from the finance
                                                                     tive explanation such as ‘‘the amount                      charge certain fees prescribed by law or
                                                                     you will have paid when you have made                      certain premiums for insurance in lieu
                                                                     all scheduled payments.’’ In any trans-                    of perfecting a security interest.
                                                                     action involving a single payment, the                        (p) Contract reference. A statement
                                                                     creditor need not disclose the total of                    that the consumer should refer to the
                                                                     payments.                                                  appropriate contract document for in-
                                                                                                                                formation about nonpayment, default,
                                                                       (i) Demand feature. If the obligation
                                                                                                                                the right to accelerate the maturity of
                                                                     has a demand feature, that fact shall
                                                                                                                                the obligation, and prepayment rebates
                                                                     be disclosed. When the disclosures are
                                                                                                                                and penalties. At the creditor’s option,
                                                                     based on an assumed maturity of 1 year
                                                                                                                                the statement may also include a ref-
                                                                     as provided in § 1026.17(c)(5), that fact
                                                                                                                                erence to the contract for further in-
                                                                     shall also be disclosed.
                                                                                                                                formation about security interests and,
                                                                       (j) Total sale price. In a credit sale,                  in a residential mortgage transaction,
                                                                     the total sale price, using that term, and                 about the creditor’s policy regarding
                                                                     a descriptive explanation (including                       assumption of the obligation.
                                                                     the amount of any downpayment) such                           (q) Assumption policy. In a residential
                                                                     as ‘‘the total price of your purchase on                   mortgage transaction, a statement
                                                                     credit, including your downpayment of                      whether or not a subsequent purchaser
                                                                     $____.’’ The total sale price is the sum                   of the dwelling from the consumer may
                                                                     of the cash price, the items described                     be permitted to assume the remaining
                                                                     in paragraph (b)(2), and the finance                       obligation on its original terms.
                                                                     charge disclosed under paragraph (d) of                       (r) Required deposit. If the creditor re-
                                                                     this section.                                              quires the consumer to maintain a de-
                                                                       (k) Prepayment. (1) When an obliga-                      posit as a condition of the specific
                                                                     tion includes a finance charge com-                        transaction, a statement that the an-
                                                                     puted from time to time by application                     nual percentage rate does not reflect
                                                                     of a rate to the unpaid principal bal-                     the effect of the required deposit. A re-
                                                                     ance, a statement indicating whether                       quired deposit need not include, for ex-
                                                                     or not a charge may be imposed for                         ample:
                                                                     paying all or part of a loan’s principal                      (1) An escrow account for items such
                                                                     balance before the date on which the                       as taxes, insurance or repairs;
                                                                     principal is due.                                             (2) A deposit that earns not less than
                                                                       (2) When an obligation includes a fi-                    5 percent per year; or
                                                                     nance charge other than the finance                           (3) Payments under a Morris Plan.
                                                                     charge described in paragraph (k)(1) of                       (s) Interest rate and payment summary
                                                                     this section, a statement indicating                       for mortgage transactions. For a closed-
                                                                     whether or not the consumer is enti-                       end transaction secured by real prop-
                                                                     tled to a rebate of any finance charge if                  erty or a dwelling, other than a trans-
                                                                     the obligation is prepaid in full or in                    action that is subject to § 1026.19(e) and
                                                                     part.                                                      (f), the creditor shall disclose the fol-
                                                                       (l) Late payment. Any dollar or per-                     lowing information about the interest
                                                                     centage charge that may be imposed                         rate and payments:
                                                                     before maturity due to a late payment,                        (1) Form of disclosures. The informa-
                                                                     other than a deferral or extension                         tion in paragraphs (s)(2)–(4) of this sec-
                                                                     charge.                                                    tion shall be in the form of a table,
                                                                       (m) Security interest. The fact that the                 with no more than five columns, with
                                                                     creditor has or will acquire a security                    headings and format substantially
                                                                     interest in the property purchased as                      similar to Model Clause H–4(E), H–4(F),




jspears on DSK121TN23PROD with CFR
                                                                     part of the transaction, or in other                       H–4(G), or H–4(H) in appendix H to this
                                                                     property identified by item or type.                       part. The table shall contain only the

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                                                                     § 1026.18                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     information required in paragraphs                         terest rate that could apply at the time
                                                                     (s)(2)–(4) of this section, shall be placed                of the second payment increase and the
                                                                     in a prominent location, and shall be in                   date the increase is scheduled to occur.
                                                                     a minimum 10-point font.                                      (iii) Introductory rate disclosure for
                                                                       (2) Interest rates—(i) Amortizing loans.                 amortizing adjustable-rate mortgages. For
                                                                     (A) For a fixed-rate mortgage, the in-                     an amortizing adjustable-rate mort-
                                                                     terest rate at consummation.                               gage, if the interest rate at consumma-
                                                                       (B) For an adjustable-rate or step-                      tion is less than the fully-indexed rate,
                                                                     rate mortgage:                                             placed in a box directly beneath the
                                                                       (1) The interest rate at consumma-                       table required by paragraph (s)(1) of
                                                                     tion and the period of time until the                      this section, in a format substantially
                                                                     first interest rate adjustment may                         similar to Model Clause H–4(I) in ap-
                                                                     occur, labeled as the ‘‘introductory                       pendix H to this part:
                                                                     rate and monthly payment’’;                                   (A) The interest rate that applies at
                                                                       (2) The maximum interest rate that                       consummation and the period of time
                                                                     may apply during the first five years                      for which it applies;
                                                                     after the date on which the first reg-                        (B) A statement that, even if market
                                                                     ular periodic payment will be due and                      rates do not change, the interest rate
                                                                     the earliest date on which that rate                       will increase at the first adjustment
                                                                     may apply, labeled as ‘‘maximum dur-                       and a designation of the place in se-
                                                                     ing first five years’’; and                                quence of the month or year, as appli-
                                                                       (3) The maximum interest rate that                       cable, of such rate adjustment; and
                                                                     may apply during the life of the loan                         (C) The fully-indexed rate.
                                                                     and the earliest date on which that
                                                                                                                                   (3) Payments for amortizing loans—(i)
                                                                     rate may apply, labeled as ‘‘maximum
                                                                                                                                Principal and interest payments. If all
                                                                     ever.’’
                                                                                                                                periodic payments will be applied to
                                                                       (C) If the loan provides for payment
                                                                                                                                accrued interest and principal, for each
                                                                     increases as described in paragraph
                                                                                                                                interest rate disclosed under paragraph
                                                                     (s)(3)(i)(B) of this section, the interest
                                                                                                                                (s)(2)(i) of this section:
                                                                     rate in effect at the time the first such
                                                                     payment increase is scheduled to occur                        (A) The corresponding periodic prin-
                                                                     and the date on which the increase will                    cipal and interest payment, labeled as
                                                                     occur, labeled as ‘‘first adjustment’’ if                  ‘‘principal and interest;’’
                                                                     the loan is an adjustable-rate mortgage                       (B) If the periodic payment may in-
                                                                     or, otherwise, labeled as ‘‘first in-                      crease without regard to an interest
                                                                     crease.’’                                                  rate adjustment, the payment that cor-
                                                                       (ii) Negative amortization loans. For a                  responds to the first such increase and
                                                                     negative amortization loan:                                the earliest date on which the increase
                                                                       (A) The interest rate at consumma-                       could occur;
                                                                     tion and, if it will adjust after con-                        (C) If an escrow account will be es-
                                                                     summation, the length of time until it                     tablished, an estimate of the amount of
                                                                     will adjust, and the label ‘‘introduc-                     taxes and insurance, including any
                                                                     tory’’ or ‘‘intro’’;                                       mortgage insurance or any functional
                                                                       (B) The maximum interest rate that                       equivalent, payable with each periodic
                                                                     could apply when the consumer must                         payment; and
                                                                     begin making fully amortizing pay-                            (D) The sum of the amounts disclosed
                                                                     ments under the terms of the legal ob-                     under paragraphs (s)(3)(i)(A) and (C) of
                                                                     ligation;                                                  this section or (s)(3)(i)(B) and (C) of
                                                                       (C) If the minimum required payment                      this section, as applicable, labeled as
                                                                     will increase before the consumer must                     ‘‘total estimated monthly payment.’’
                                                                     begin making fully amortizing pay-                            (ii) Interest-only payments. If the loan
                                                                     ments, the maximum interest rate that                      is an interest-only loan, for each inter-
                                                                     could apply at the time of the first                       est rate disclosed under paragraph
                                                                     payment increase and the date the in-                      (s)(2)(i) of this section, the cor-
                                                                     crease is scheduled to occur; and(D) If                    responding periodic payment and:
                                                                     a second increase in the minimum re-                          (A) If the payment will be applied to
                                                                     quired payment may occur before the                        only accrued interest, the amount ap-




jspears on DSK121TN23PROD with CFR
                                                                     consumer must begin making fully am-                       plied to interest, labeled as ‘‘interest
                                                                     ortizing payments, the maximum in-                         payment,’’ and a statement that none

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.18

                                                                     of the payment is being applied to prin-                   in the table under this paragraph (s),
                                                                     cipal;                                                     outside the table and in a manner sub-
                                                                       (B) If the payment will be applied to                    stantially similar to Model Clause H–
                                                                     accrued interest and principal, an                         4(J) in appendix H to this part.
                                                                     itemization of the amount of the first                        (ii) If the balloon payment is sched-
                                                                     such payment applied to accrued inter-                     uled to occur at the same time as an-
                                                                     est and to principal, labeled as ‘‘inter-                  other payment required to be disclosed
                                                                     est payment’’ and ‘‘principal pay-                         in the table pursuant to paragraph
                                                                     ment,’’ respectively;                                      (s)(3) or (s)(4) of this section, then the
                                                                       (C) The escrow information described                     balloon payment must be disclosed in
                                                                     in paragraph (s)(3)(i)(C) of this section;                 the table.
                                                                     and
                                                                                                                                   (6) Special disclosures for loans with
                                                                       (D) The sum of all amounts required
                                                                                                                                negative amortization. For a negative
                                                                     to be disclosed under paragraphs
                                                                                                                                amortization loan, the following infor-
                                                                     (s)(3)(ii)(A) and (C) of this section or
                                                                     (s)(3)(ii)(B) and (C) of this section, as                  mation, in close proximity to the table
                                                                     applicable, labeled as ‘‘total estimated                   required in paragraph (s)(1) of this sec-
                                                                     monthly payment.’’                                         tion, with headings, content, and for-
                                                                       (4) Payments for negative amortization                   mat substantially similar to Model
                                                                     loans. For negative amortization loans:                    Clause H–4(G) in appendix H to this
                                                                       (i)(A) The minimum periodic pay-                         part:
                                                                     ment required until the first payment                         (i) The maximum interest rate, the
                                                                     increase or interest rate increase, cor-                   shortest period of time in which such
                                                                     responding to the interest rate dis-                       interest rate could be reached, the
                                                                     closed under paragraph (s)(2)(ii)(A) of                    amount of estimated taxes and insur-
                                                                     this section;                                              ance included in each payment dis-
                                                                       (B) The minimum periodic payment                         closed, and a statement that the loan
                                                                     that would be due at the first payment                     offers payment options, two of which
                                                                     increase and the second, if any, cor-                      are shown.
                                                                     responding to the interest rates de-                          (ii) The dollar amount of the increase
                                                                     scribed in paragraphs (s)(2)(ii)(C) and                    in the loan’s principal balance if the
                                                                     (D) of this section; and                                   consumer makes only the minimum re-
                                                                       (C) A statement that the minimum                         quired payments for the maximum pos-
                                                                     payment pays only some interest, does                      sible time and the earliest date on
                                                                     not repay any principal, and will cause                    which the consumer must begin mak-
                                                                     the loan amount to increase;                               ing fully amortizing payments, assum-
                                                                       (ii) The fully amortizing periodic                       ing that the maximum interest rate is
                                                                     payment amount at the earliest time                        reached at the earliest possible time.
                                                                     when such a payment must be made,                             (7) Definitions. For purposes of this
                                                                     corresponding to the interest rate dis-                    § 1026.18(s):
                                                                     closed under paragraph (s)(2)(ii)(B) of
                                                                                                                                   (i) The term ‘‘adjustable-rate mort-
                                                                     this section; and
                                                                                                                                gage’’ means a transaction secured by
                                                                       (iii) If applicable, in addition to the
                                                                                                                                real property or a dwelling for which
                                                                     payments in paragraphs (s)(4)(i) and (ii)
                                                                                                                                the annual percentage rate may in-
                                                                     of this section, for each interest rate
                                                                     disclosed under paragraph (s)(2)(ii) of                    crease after consummation.
                                                                     this section, the amount of the fully                         (ii) The term ‘‘step-rate mortgage’’
                                                                     amortizing periodic payment, labeled                       means a transaction secured by real
                                                                     as the ‘‘full payment option,’’ and a                      property or a dwelling for which the in-
                                                                     statement that these payments pay all                      terest rate will change after con-
                                                                     principal and all accrued interest.                        summation, and the rates that will
                                                                       (5) Balloon payments. (i) Except as                      apply and the periods for which they
                                                                     provided in paragraph (s)(5)(ii) of this                   will apply are known at consumma-
                                                                     section, if the transaction will require                   tion.
                                                                     a balloon payment, defined as a pay-                          (iii) The term ‘‘fixed-rate mortgage’’
                                                                     ment that is more than two times a                         means a transaction secured by real
                                                                     regular periodic payment, the balloon                      property or a dwelling that is not an




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                                                                     payment shall be disclosed separately                      adjustable-rate mortgage or a step-rate
                                                                     from other periodic payments disclosed                     mortgage.

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                                                                     § 1026.19                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (iv) The term ‘‘interest-only’’ means                   ceives the consumer’s written applica-
                                                                     that, under the terms of the legal obli-                   tion.
                                                                     gation, one or more of the periodic pay-                     (ii) Imposition of fees. Except as pro-
                                                                     ments may be applied solely to accrued                     vided in paragraph (a)(1)(iii) of this sec-
                                                                     interest and not to loan principal; an                     tion, neither a creditor nor any other
                                                                     ‘‘interest-only loan’’ is a loan that per-                 person may impose a fee on a consumer
                                                                     mits interest-only payments.                               in connection with the consumer’s ap-
                                                                        (v) The term ‘‘amortizing loan’’                        plication for a reverse mortgage trans-
                                                                     means a loan in which payment of the                       action subject to paragraph (a)(1)(i) of
                                                                     periodic payments does not result in an                    this section before the consumer has
                                                                     increase in the principal balance under                    received the disclosures required by
                                                                     the terms of the legal obligation; the                     paragraph (a)(1)(i) of this section. If the
                                                                     term ‘‘negative amortization’’ means                       disclosures are mailed to the consumer,
                                                                     payment of periodic payments that will                     the consumer is considered to have re-
                                                                     result in an increase in the principal                     ceived them three business days after
                                                                     balance under the terms of the legal                       they are mailed.
                                                                     obligation; the term ‘‘negative amorti-                      (iii) Exception to fee restriction. A
                                                                     zation loan’’ means a loan, other than                     creditor or other person may impose a
                                                                     a reverse mortgage subject to § 1026.33,                   fee for obtaining the consumer’s credit
                                                                     that provides for a minimum periodic                       history before the consumer has re-
                                                                     payment that covers only a portion of                      ceived the disclosures required by para-
                                                                     the accrued interest, resulting in nega-                   graph (a)(1)(i) of this section, provided
                                                                     tive amortization.                                         the fee is bona fide and reasonable in
                                                                        (vi) The term ‘‘fully-indexed rate’’                    amount.
                                                                     means the interest rate calculated                           (2) Waiting periods for early disclosures
                                                                     using the index value and margin at                        and corrected disclosures. (i) The cred-
                                                                     the time of consummation.                                  itor shall deliver or place in the mail
                                                                        (t) ‘‘No-guarantee-to-refinance’’ state-                the good faith estimates required by
                                                                     ment—(1) Disclosure. For a closed-end                      paragraph (a)(1)(i) of this section not
                                                                     transaction secured by real property or                    later than the seventh business day be-
                                                                     a dwelling, other than a transaction                       fore consummation of the transaction.
                                                                     that is subject to § 1026.19(e) and (f), the                 (ii) If the annual percentage rate dis-
                                                                     creditor shall disclose a statement that                   closed under paragraph (a)(1)(i) of this
                                                                     there is no guarantee the consumer can                     section becomes inaccurate, as defined
                                                                     refinance the transaction to lower the                     in § 1026.22, the creditor shall provide
                                                                     interest rate or periodic payments.                        corrected disclosures with all changed
                                                                        (2) Format. The statement required by                   terms. The consumer must receive the
                                                                     paragraph (t)(1) of this section must be                   corrected disclosures no later than
                                                                     in a form substantially similar to                         three business days before consumma-
                                                                     Model Clause H–4(K) in appendix H to                       tion. If the corrected disclosures are
                                                                     this part.                                                 mailed to the consumer or delivered to
                                                                                                                                the consumer by means other than de-
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 78              livery in person, the consumer is
                                                                     FR 80108, Dec. 31, 2013]                                   deemed to have received the corrected
                                                                                                                                disclosures three business days after
                                                                     § 1026.19 Certain mortgage and vari-                       they are mailed or delivered.
                                                                         able-rate transactions.                                  (3) Consumer’s waiver of waiting period
                                                                       (a) Mortgage transactions subject to                     before consummation. If the consumer
                                                                     RESPA—(1)(i) Time of disclosures. In a                     determines that the extension of credit
                                                                     reverse mortgage transaction subject                       is needed to meet a bona fide personal
                                                                     to both § 1026.33 and the Real Estate                      financial emergency, the consumer
                                                                     Settlement Procedures Act (12 U.S.C.                       may modify or waive the seven-busi-
                                                                     2601 et seq.) that is secured by the con-                  ness-day waiting period or the three-
                                                                     sumer’s dwelling, the creditor shall                       business-day waiting period required
                                                                     provide the consumer with good faith                       by paragraph (a)(2) of this section,
                                                                     estimates of the disclosures required                      after receiving the disclosures required
                                                                     by § 1026.18 and shall deliver or place                    by § 1026.18. To modify or waive a wait-




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                                                                     them in the mail not later than the                        ing period, the consumer shall give the
                                                                     third business day after the creditor re-                  creditor a dated written statement

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.19

                                                                     that describes the emergency, specifi-                       (v) The fact that the interest rate
                                                                     cally modifies or waives the waiting                       will be discounted, and a statement
                                                                     period, and bears the signature of all                     that the consumer should ask about
                                                                     the consumers who are primarily liable                     the amount of the interest rate dis-
                                                                     on the legal obligation. Printed forms                     count.
                                                                     for this purpose are prohibited.                             (vi) The frequency of interest rate
                                                                       (4) Notice. Disclosures made pursuant                    and payment changes.
                                                                     to paragraph (a)(1) or paragraph (a)(2)                      (vii) Any rules relating to changes in
                                                                     of this section shall contain the fol-                     the index, interest rate, payment
                                                                     lowing statement: ‘‘You are not re-                        amount, and outstanding loan balance
                                                                     quired to complete this agreement                          including, for example, an explanation
                                                                     merely because you have received                           of interest rate or payment limita-
                                                                     these disclosures or signed a loan appli-                  tions, negative amortization, and in-
                                                                     cation.’’ The disclosure required by                       terest rate carryover.
                                                                     this paragraph shall be grouped to-                          (viii) At the option of the creditor,
                                                                     gether with the disclosures required by                    either of the following:
                                                                     paragraphs (a)(1) or (a)(2) of this sec-
                                                                                                                                  (A) A historical example, based on a
                                                                     tion.
                                                                                                                                $10,000 loan amount, illustrating how
                                                                       (b) Certain variable-rate transactions.
                                                                                                                                payments and the loan balance would
                                                                     Except as provided in paragraph (d) of
                                                                                                                                have been affected by interest rate
                                                                     this section, if the annual percentage
                                                                                                                                changes implemented according to the
                                                                     rate may increase after consummation
                                                                                                                                terms of the loan program disclosure.
                                                                     in a transaction secured by the con-
                                                                                                                                The example shall reflect the most re-
                                                                     sumer’s principal dwelling with a term
                                                                                                                                cent 15 years of index values. The ex-
                                                                     greater than one year, the following
                                                                                                                                ample shall reflect all significant loan
                                                                     disclosures must be provided at the
                                                                                                                                program terms, such as negative amor-
                                                                     time an application form is provided or
                                                                                                                                tization, interest rate carryover, inter-
                                                                     before the consumer pays a non-refund-
                                                                                                                                est rate discounts, and interest rate
                                                                     able fee, whichever is earlier (except
                                                                                                                                and payment limitations, that would
                                                                     that the disclosures may be delivered
                                                                                                                                have been affected by the index move-
                                                                     or placed in the mail not later than
                                                                                                                                ment during the period.
                                                                     three business days following receipt of
                                                                     a consumer’s application when the ap-                        (B) The maximum interest rate and
                                                                     plication reaches the creditor by tele-                    payment for a $10,000 loan originated at
                                                                     phone, or through an intermediary                          the initial interest rate (index value
                                                                     agent or broker):                                          plus margin, adjusted by the amount of
                                                                       (1) The booklet titled Consumer Hand-                    any discount or premium) in effect as
                                                                     book on Adjustable Rate Mortgages, or a                    of an identified month and year for the
                                                                     suitable substitute.                                       loan program disclosure assuming the
                                                                       (2) A loan program disclosure for                        maximum periodic increases in rates
                                                                     each variable-rate program in which                        and payments under the program; and
                                                                     the consumer expresses an interest.                        the initial interest rate and payment
                                                                     The following disclosures, as applica-                     for that loan and a statement that the
                                                                     ble, shall be provided:                                    periodic payment may increase or de-
                                                                       (i) The fact that the interest rate,                     crease substantially depending on
                                                                     payment, or term of the loan can                           changes in the rate.
                                                                     change.                                                      (ix) An explanation of how the con-
                                                                       (ii) The index or formula used in                        sumer may calculate the payments for
                                                                     making adjustments, and a source of                        the loan amount to be borrowed based
                                                                     information about the index or for-                        on either:
                                                                     mula.                                                        (A) The most recent payment shown
                                                                       (iii) An explanation of how the inter-                   in the historical example in paragraph
                                                                     est rate and payment will be deter-                        (b)(2)(viii)(A) of this section; or
                                                                     mined, including an explanation of how                       (B) The initial interest rate used to
                                                                     the index is adjusted, such as by the                      calculate the maximum interest rate
                                                                     addition of a margin.                                      and       payment         in     paragraph
                                                                       (iv) A statement that the consumer                       (b)(2)(viii)(B) of this section.




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                                                                     should ask about the current margin                          (x) The fact that the loan program
                                                                     value and current interest rate.                           contains a demand feature.

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                                                                     § 1026.19                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (xi) The type of information that will                   shall deliver or place in the mail the
                                                                     be provided in notices of adjustments                      disclosures required under paragraph
                                                                     and the timing of such notices.                            (e)(1)(i) of this section not later than
                                                                       (xii) A statement that disclosure                        the seventh business day before con-
                                                                     forms are available for the creditor’s                     summation of the transaction.
                                                                     other variable-rate loan programs.                           (C) For a transaction secured by a
                                                                       (c) Electronic disclosures. For an appli-                consumer’s interest in a timeshare
                                                                     cation that is accessed by the con-                        plan described in 11 U.S.C. 101(53D),
                                                                     sumer in electronic form, the disclo-                      paragraph (e)(1)(iii)(B) of this section
                                                                     sures required by paragraph (b) of this                    does not apply.
                                                                     section may be provided to the con-                          (iv) Receipt of early disclosures. If any
                                                                     sumer in electronic form on or with the                    disclosures required under paragraph
                                                                     application.                                               (e)(1)(i) of this section are not provided
                                                                       (d) Information provided in accord-                      to the consumer in person, the con-
                                                                     ance with variable-rate regulations of                     sumer is considered to have received
                                                                     other Federal agencies may be sub-                         the disclosures three business days
                                                                     stituted for the disclosures required by                   after they are delivered or placed in
                                                                     paragraph (b) of this section.                             the mail.
                                                                       (e) Mortgage loans—early disclosures—                      (v) Consumer’s waiver of waiting period
                                                                     (1) Provision of disclosures—(i) Creditor.                 before consummation. If the consumer
                                                                     In a closed-end consumer credit trans-                     determines that the extension of credit
                                                                     action secured by real property or a co-                   is needed to meet a bona fide personal
                                                                     operative unit, other than a reverse                       financial emergency, the consumer
                                                                     mortgage subject to § 1026.33, the cred-                   may modify or waive the seven-busi-
                                                                     itor shall provide the consumer with                       ness-day waiting period for early dis-
                                                                     good faith estimates of the disclosures                    closures required under paragraph
                                                                     in § 1026.37.                                              (e)(1)(iii)(B) of this section, after re-
                                                                       (ii) Mortgage broker. (A) If a mortgage                  ceiving the disclosures required under
                                                                     broker receives a consumer’s applica-                      paragraph (e)(1)(i) of this section. To
                                                                     tion, either the creditor or the mort-                     modify or waive the waiting period, the
                                                                     gage broker shall provide a consumer                       consumer shall give the creditor a
                                                                     with the disclosures required under                        dated written statement that describes
                                                                     paragraph (e)(1)(i) of this section in ac-                 the emergency, specifically modifies or
                                                                     cordance with paragraph (e)(1)(iii) of                     waives the waiting period, and bears
                                                                     this section. If the mortgage broker                       the signature of all the consumers who
                                                                     provides the required disclosures, the                     are primarily liable on the legal obliga-
                                                                     mortgage broker shall comply with all                      tion. Printed forms for this purpose are
                                                                     relevant requirements of this para-                        prohibited.
                                                                     graph (e). The creditor shall ensure                         (vi) Shopping for settlement service pro-
                                                                     that such disclosures are provided in                      viders—(A) Shopping permitted. A cred-
                                                                     accordance with all requirements of                        itor permits a consumer to shop for a
                                                                     this paragraph (e). Disclosures provided                   settlement service if the creditor per-
                                                                     by a mortgage broker in accordance                         mits the consumer to select the pro-
                                                                     with the requirements of this para-                        vider of that service, subject to reason-
                                                                     graph (e) satisfy the creditor’s obliga-                   able requirements.
                                                                     tion under this paragraph (e).                               (B) Disclosure of services. The creditor
                                                                       (B) If a mortgage broker provides any                    shall identify the settlement services
                                                                     disclosure under § 1026.19(e), the mort-                   for which the consumer is permitted to
                                                                     gage broker shall also comply with the                     shop in the disclosures required under
                                                                     requirements of § 1026.25(c).                              paragraph (e)(1)(i) of this section.
                                                                       (iii) Timing. (A) The creditor shall de-                   (C) Written list of providers. If the con-
                                                                     liver or place in the mail the disclo-                     sumer is permitted to shop for a settle-
                                                                     sures required under paragraph (e)(1)(i)                   ment service, the creditor shall provide
                                                                     of this section not later than the third                   the consumer with a written list iden-
                                                                     business day after the creditor receives                   tifying available providers of that set-
                                                                     the consumer’s application, as defined                     tlement service and stating that the
                                                                     in § 1026.2(a)(3).                                         consumer may choose a different pro-




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                                                                       (B) Except as set forth in paragraph                     vider for that service. The creditor
                                                                     (e)(1)(iii)(C) of this section, the creditor               must identify at least one available

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.19

                                                                     provider for each settlement service for                   quire a consumer to submit documents
                                                                     which the consumer is permitted to                         verifying information related to the
                                                                     shop. The creditor shall provide this                      consumer’s application before pro-
                                                                     written list of settlement service pro-                    viding the disclosures required by para-
                                                                     viders separately from the disclosures                     graph (e)(1)(i) of this section.
                                                                     required by paragraph (e)(1)(i) of this                      (3) Good faith determination for esti-
                                                                     section but in accordance with the tim-                    mates of closing costs—(i) General rule.
                                                                     ing     requirements       in    paragraph                 An estimated closing cost disclosed
                                                                     (e)(1)(iii) of this section.                               pursuant to paragraph (e) of this sec-
                                                                       (2) Predisclosure activity—(i) Imposition                tion is in good faith if the charge paid
                                                                     of fees on consumer—(A) Fee restriction.                   by or imposed on the consumer does
                                                                     Except as provided in paragraph                            not exceed the amount originally dis-
                                                                     (e)(2)(i)(B) of this section, neither a                    closed under paragraph (e)(1)(i) of this
                                                                     creditor nor any other person may im-                      section, except as otherwise provided
                                                                     pose a fee on a consumer in connection                     in paragraphs (e)(3)(ii) through (iv) of
                                                                     with the consumer’s application for a                      this section.
                                                                     mortgage transaction subject to para-                        (ii) Limited increases permitted for cer-
                                                                     graph (e)(1)(i) of this section before the                 tain charges. An estimate of a charge
                                                                     consumer has received the disclosures                      for a third-party service or a recording
                                                                     required under paragraph (e)(1)(i) of                      fee is in good faith if:
                                                                     this section and indicated to the cred-                      (A) The aggregate amount of charges
                                                                     itor an intent to proceed with the                         for third-party services and recording
                                                                     transaction described by those disclo-                     fees paid by or imposed on the con-
                                                                     sures. A consumer may indicate an in-                      sumer does not exceed the aggregate
                                                                     tent to proceed with a transaction in                      amount of such charges disclosed under
                                                                     any manner the consumer chooses, un-                       paragraph (e)(1)(i) of this section by
                                                                     less a particular manner of commu-                         more than 10 percent;
                                                                     nication is required by the creditor.
                                                                                                                                  (B) The charge for the third-party
                                                                     The creditor must document this com-
                                                                                                                                service is not paid to the creditor or an
                                                                     munication to satisfy the requirements
                                                                                                                                affiliate of the creditor; and
                                                                     of § 1026.25.
                                                                                                                                  (C) The creditor permits the con-
                                                                       (B) Exception to fee restriction. A cred-
                                                                                                                                sumer to shop for the third-party serv-
                                                                     itor or other person may impose a bona
                                                                                                                                ice, consistent with paragraph (e)(1)(vi)
                                                                     fide and reasonable fee for obtaining
                                                                                                                                of this section.
                                                                     the consumer’s credit report before the
                                                                     consumer has received the disclosures                        (iii) Variations permitted for certain
                                                                     required under paragraph (e)(1)(i) of                      charges. An estimate of any of the
                                                                     this section.                                              charges specified in this paragraph
                                                                       (ii) Written information provided to                     (e)(3)(iii) is in good faith if it is con-
                                                                     consumer. If a creditor or other person                    sistent with the best information rea-
                                                                     provides a consumer with a written es-                     sonably available to the creditor at the
                                                                     timate of terms or costs specific to                       time it is disclosed, regardless of
                                                                     that consumer before the consumer re-                      whether the amount paid by the con-
                                                                     ceives the disclosures required under                      sumer exceeds the amount disclosed
                                                                     paragraph (e)(1)(i) of this section, the                   under paragraph (e)(1)(i) of this sec-
                                                                     creditor or such person shall clearly                      tion. For purposes of paragraph (e)(1)(i)
                                                                     and conspicuously state at the top of                      of this section, good faith is deter-
                                                                     the front of the first page of the esti-                   mined under this paragraph (e)(3)(iii)
                                                                     mate in a font size that is no smaller                     even if such charges are paid to the
                                                                     than 12-point font: ‘‘Your actual rate,                    creditor or affiliates of the creditor, so
                                                                     payment, and costs could be higher.                        long as the charges are bona fide:
                                                                     Get an official Loan Estimate before                         (A) Prepaid interest;
                                                                     choosing a loan.’’ The written estimate                      (B) Property insurance premiums;
                                                                     of terms or costs may not be made with                       (C) Amounts placed into an escrow,
                                                                     headings, content, and format substan-                     impound, reserve, or similar account;
                                                                     tially similar to form H–24 or H–25 of                       (D) Charges paid to third-party serv-
                                                                     appendix H to this part.                                   ice providers selected by the consumer




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                                                                       (iii) Verification of information. The                   consistent with paragraph (e)(1)(vi)(A)
                                                                     creditor or other person shall not re-                     of this section that are not on the list

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                                                                     § 1026.19                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     provided under paragraph (e)(1)(vi)(C)                     days after the date the interest rate is
                                                                     of this section; and                                       locked, the creditor shall provide a re-
                                                                        (E) Property taxes and other charges                    vised version of the disclosures re-
                                                                     paid for third-party services not re-                      quired under paragraph (e)(1)(i) of this
                                                                     quired by the creditor.                                    section to the consumer with the re-
                                                                        (iv) Revised estimates. For the purpose                 vised interest rate, the points disclosed
                                                                     of determining good faith under para-                      pursuant to § 1026.37(f)(1), lender cred-
                                                                     graph (e)(3)(i) and (ii) of this section, a                its, and any other interest rate depend-
                                                                     creditor may use a revised estimate of                     ent charges and terms.
                                                                     a charge instead of the estimate of the                      (E) Expiration. The consumer indi-
                                                                     charge originally disclosed under para-                    cates an intent to proceed with the
                                                                     graph (e)(1)(i) of this section if the re-                 transaction more than 10 business
                                                                     vision is due to any of the following                      days, or more than any additional
                                                                     reasons:                                                   number of days specified by the cred-
                                                                        (A) Changed circumstance affecting set-                 itor before the offer expires, after the
                                                                     tlement charges. Changed circumstances                     disclosures required under paragraph
                                                                     cause the estimated charges to in-                         (e)(1)(i) of this section are provided
                                                                     crease or, in the case of estimated                        pursuant to paragraph (e)(1)(iii) of this
                                                                     charges      identified    in    paragraph                 section.
                                                                     (e)(3)(ii) of this section, cause the ag-
                                                                                                                                  (F) Delayed settlement date on a con-
                                                                     gregate amount of such charges to in-
                                                                                                                                struction loan. In transactions involving
                                                                     crease by more than 10 percent. For
                                                                                                                                new construction, where the creditor
                                                                     purposes of this paragraph, ‘‘changed
                                                                                                                                reasonably expects that settlement
                                                                     circumstance’’ means:
                                                                                                                                will occur more than 60 days after the
                                                                        (1) An extraordinary event beyond
                                                                                                                                disclosures required under paragraph
                                                                     the control of any interested party or
                                                                     other unexpected event specific to the                     (e)(1)(i) of this section are provided
                                                                     consumer or transaction;                                   pursuant to paragraph (e)(1)(iii) of this
                                                                        (2) Information specific to the con-                    section, the creditor may provide re-
                                                                     sumer or transaction that the creditor                     vised disclosures to the consumer if the
                                                                     relied upon when providing the disclo-                     original disclosures required under
                                                                     sures required under paragraph (e)(1)(i)                   paragraph (e)(1)(i) of this section state
                                                                     of this section and that was inaccurate                    clearly and conspicuously that at any
                                                                     or changed after the disclosures were                      time prior to 60 days before consumma-
                                                                     provided; or                                               tion, the creditor may issue revised
                                                                        (3) New information specific to the                     disclosures. If no such statement is
                                                                     consumer or transaction that the cred-                     provided, the creditor may not issue re-
                                                                     itor did not rely on when providing the                    vised disclosures, except as otherwise
                                                                     original disclosures required under                        provided in paragraph (e)(3)(iv) of this
                                                                     paragraph (e)(1)(i) of this section.                       section.
                                                                        (B) Changed circumstance affecting eli-                   (4) Provision and receipt of revised dis-
                                                                     gibility. The consumer is ineligible for                   closures—(i) General rule. Subject to the
                                                                     an estimated charge previously dis-                        requirements of paragraph (e)(4)(ii) of
                                                                     closed     because     a    changed     cir-               this section, if a creditor uses a revised
                                                                     cumstance, as defined under paragraph                      estimate      pursuant     to    paragraph
                                                                     (e)(3)(iv)(A) of this section, affected the                (e)(3)(iv) of this section for the purpose
                                                                     consumer’s creditworthiness or the                         of determining good faith under para-
                                                                     value of the security for the loan.                        graphs (e)(3)(i) and (ii) of this section,
                                                                        (C) Revisions requested by the con-                     the creditor shall provide a revised
                                                                     sumer. The consumer requests revisions                     version of the disclosures required
                                                                     to the credit terms or the settlement                      under paragraph (e)(1)(i) of this section
                                                                     that cause an estimated charge to in-                      or the disclosures required under para-
                                                                     crease.                                                    graph (f)(1)(i) of this section (including
                                                                        (D) Interest rate dependent charges.                    any corrected disclosures provided
                                                                     The points or lender credits change be-                    under paragraph (f)(2)(i) or (ii) of this
                                                                     cause the interest rate was not locked                     section) reflecting the revised estimate
                                                                     when the disclosures required under                        within three business days of receiving




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                                                                     paragraph (e)(1)(i) of this section were                   information sufficient to establish that
                                                                     provided. No later than three business                     one of the reasons for revision provided

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.19

                                                                     under paragraphs (e)(3)(iv)(A) through                     personal financial emergency, the con-
                                                                     (F) of this section applies.                               sumer may modify or waive the three-
                                                                        (ii) Relationship between revised Loan                  business-day waiting period under
                                                                     Estimates and Closing Disclosures. The                     paragraph (f)(1)(ii)(A) or (f)(2)(ii) of this
                                                                     creditor shall not provide a revised                       section, after receiving the disclosures
                                                                     version of the disclosures required                        required under paragraph (f)(1)(i) of
                                                                     under paragraph (e)(1)(i) of this section                  this section. To modify or waive the
                                                                     on or after the date on which the cred-                    waiting period, the consumer shall give
                                                                     itor provides the disclosures required                     the creditor a dated written statement
                                                                     under paragraph (f)(1)(i) of this section.                 that describes the emergency, specifi-
                                                                     The consumer must receive any revised                      cally modifies or waives the waiting
                                                                     version of the disclosures required                        period, and bears the signature of all
                                                                     under paragraph (e)(1)(i) of this section                  consumers who are primarily liable on
                                                                     not later than four business days prior                    the legal obligation. Printed forms for
                                                                     to consummation. If the revised                            this purpose are prohibited.
                                                                     version of the disclosures required                           (v) Settlement agent. A settlement
                                                                     under paragraph (e)(1)(i) of this section                  agent may provide a consumer with the
                                                                     is not provided to the consumer in per-                    disclosures required under paragraph
                                                                     son, the consumer is considered to have                    (f)(1)(i) of this section, provided the
                                                                     received such version three business                       settlement agent complies with all rel-
                                                                     days after the creditor delivers or                        evant requirements of this paragraph
                                                                     places such version in the mail.                           (f). The creditor shall ensure that such
                                                                        (f) Mortgage loans—final disclosures—
                                                                                                                                disclosures are provided in accordance
                                                                     (1) Provision of disclosures—(i) Scope. In
                                                                                                                                with all requirements of this paragraph
                                                                     a transaction subject to paragraph
                                                                                                                                (f). Disclosures provided by a settle-
                                                                     (e)(1)(i) of this section, the creditor
                                                                                                                                ment agent in accordance with the re-
                                                                     shall provide the consumer with the
                                                                                                                                quirements of this paragraph (f) satisfy
                                                                     disclosures required under § 1026.38 re-
                                                                                                                                the creditor’s obligation under this
                                                                     flecting the actual terms of the trans-
                                                                                                                                paragraph (f).
                                                                     action.
                                                                        (ii) Timing—(A) In general. Except as                      (2) Subsequent changes—(i) Changes be-
                                                                     provided in paragraphs (f)(1)(ii)(B),                      fore consummation not requiring a new
                                                                     (f)(2)(i), (f)(2)(iii), (f)(2)(iv), and (f)(2)(v)          waiting period. Except as provided in
                                                                     of this section, the creditor shall en-                    paragraph (f)(2)(ii), if the disclosures
                                                                     sure that the consumer receives the                        provided under paragraph (f)(1)(i) of
                                                                     disclosures required under paragraph                       this section become inaccurate before
                                                                     (f)(1)(i) of this section no later than                    consummation, the creditor shall pro-
                                                                     three business days before consumma-                       vide corrected disclosures reflecting
                                                                     tion.                                                      any changed terms to the consumer so
                                                                        (B) Timeshares. For transactions se-                    that the consumer receives the cor-
                                                                     cured by a consumer’s interest in a                        rected disclosures at or before con-
                                                                     timeshare plan described in 11 U.S.C.                      summation. Notwithstanding the re-
                                                                     101(53D), the creditor shall ensure that                   quirement to provide corrected disclo-
                                                                     the consumer receives the disclosures                      sures at or before consummation, the
                                                                     required under paragraph (f)(1)(i) of                      creditor shall permit the consumer to
                                                                     this section no later than consumma-                       inspect the disclosures provided under
                                                                     tion.                                                      this paragraph, completed to set forth
                                                                        (iii) Receipt of disclosures. If any dis-               those items that are known to the
                                                                     closures required under paragraph                          creditor at the time of inspection, dur-
                                                                     (f)(1)(i) of this section are not provided                 ing the business day immediately pre-
                                                                     to the consumer in person, the con-                        ceding consummation, but the creditor
                                                                     sumer is considered to have received                       may omit from inspection items re-
                                                                     the disclosures three business days                        lated only to the seller’s transaction.
                                                                     after they are delivered or placed in                         (ii) Changes before consummation re-
                                                                     the mail.                                                  quiring a new waiting period. If one of
                                                                        (iv) Consumer’s waiver of waiting pe-                   the following disclosures provided
                                                                     riod before consummation. If the con-                      under paragraph (f)(1)(i) of this section




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                                                                     sumer determines that the extension of                     becomes inaccurate in the following
                                                                     credit is needed to meet a bona fide                       manner before consummation, the

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                                                                     § 1026.19                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     creditor shall ensure that the con-                        received by the settlement service pro-
                                                                     sumer receives corrected disclosures                       vider for that service, except as other-
                                                                     containing all changed terms in ac-                        wise provided in paragraph (f)(3)(ii) of
                                                                     cordance with the requirements of                          this section.
                                                                     paragraph (f)(1)(ii)(A) of this section:                     (ii) Average charge. A creditor or set-
                                                                        (A) The annual percentage rate dis-                     tlement service provider may charge a
                                                                     closed under § 1026.38(o)(4) becomes in-                   consumer or seller the average charge
                                                                     accurate, as defined in § 1026.22.                         for a settlement service if the fol-
                                                                        (B) The loan product is changed,                        lowing conditions are satisfied:
                                                                     causing the information disclosed                            (A) The average charge is no more
                                                                     under § 1026.38(a)(5)(iii) to become inac-                 than the average amount paid for that
                                                                     curate.                                                    service by or on behalf of all consumers
                                                                        (C) A prepayment penalty is added,                      and sellers for a class of transactions;
                                                                     causing the statement regarding a pre-                       (B) The creditor or settlement serv-
                                                                     payment        penalty    required     under               ice provider defines the class of trans-
                                                                     § 1026.38(b) to become inaccurate.                         actions based on an appropriate period
                                                                        (iii) Changes due to events occurring                   of time, geographic area, and type of
                                                                     after consummation. If during the 30-day                   loan;
                                                                     period following consummation, an
                                                                                                                                  (C) The creditor or settlement serv-
                                                                     event in connection with the settle-
                                                                                                                                ice provider uses the same average
                                                                     ment of the transaction occurs that
                                                                                                                                charge for every transaction within the
                                                                     causes the disclosures required under
                                                                                                                                defined class; and
                                                                     paragraph (f)(1)(i) of this section to be-
                                                                                                                                  (D) The creditor or settlement serv-
                                                                     come inaccurate, and such inaccuracy
                                                                                                                                ice provider does not use an average
                                                                     results in a change to an amount actu-
                                                                                                                                charge:
                                                                     ally paid by the consumer from that
                                                                     amount disclosed under paragraph                             (1) For any type of insurance;
                                                                     (f)(1)(i) of this section, the creditor                      (2) For any charge based on the loan
                                                                     shall deliver or place in the mail cor-                    amount or property value; or
                                                                     rected disclosures not later than 30                         (3) If doing so is otherwise prohibited
                                                                     days after receiving information suffi-                    by law.
                                                                     cient to establish that such event has                       (4) Transactions involving a seller—(i)
                                                                     occurred.                                                  Provision to seller. In a transaction sub-
                                                                        (iv) Changes due to clerical errors. A                  ject to paragraph (e)(1)(i) of this sec-
                                                                     creditor does not violate paragraph                        tion that involves a seller, the settle-
                                                                     (f)(1)(i) of this section if the disclosures               ment agent shall provide the seller
                                                                     provided under paragraph (f)(1)(i) con-                    with the disclosures in § 1026.38 that re-
                                                                     tain non-numeric clerical errors, pro-                     late to the seller’s transaction reflect-
                                                                     vided the creditor delivers or places in                   ing the actual terms of the seller’s
                                                                     the mail corrected disclosures no later                    transaction.
                                                                     than 60 days after consummation.                             (ii) Timing. The settlement agent
                                                                        (v) Refunds related to the good faith                   shall provide the disclosures required
                                                                     analysis. If amounts paid by the con-                      under paragraph (f)(4)(i) of this section
                                                                     sumer exceed the amounts specified                         no later than the day of consumma-
                                                                     under paragraph (e)(3)(i) or (ii) of this                  tion. If during the 30-day period fol-
                                                                     section, the creditor complies with                        lowing consummation, an event in con-
                                                                     paragraph (e)(1)(i) of this section if the                 nection with the settlement of the
                                                                     creditor refunds the excess to the con-                    transaction occurs that causes disclo-
                                                                     sumer no later than 60 days after con-                     sures required under paragraph (f)(4)(i)
                                                                     summation, and the creditor complies                       of this section to become inaccurate,
                                                                     with paragraph (f)(1)(i) of this section                   and such inaccuracy results in a
                                                                     if the creditor delivers or places in the                  change to the amount actually paid by
                                                                     mail corrected disclosures that reflect                    the seller from that amount disclosed
                                                                     such refund no later than 60 days after                    under paragraph (f)(4)(i) of this section,
                                                                     consummation.                                              the settlement agent shall deliver or
                                                                        (3)    Charges    disclosed—(i)    Actual               place in the mail corrected disclosures
                                                                     charge. The amount imposed upon the                        not later than 30 days after receiving




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                                                                     consumer for any settlement service                        information sufficient to establish that
                                                                     shall not exceed the amount actually                       such event has occurred.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.19

                                                                        (iii) Charges disclosed. The amount                     Home Equity Lines of Credit,’’ or any
                                                                     imposed on the seller for any settle-                      successor brochure issued by the Bu-
                                                                     ment service shall not exceed the                          reau, is deemed to be in compliance
                                                                     amount actually received by the serv-                      with this section.
                                                                     ice provider for that service, except as                      (iii) The creditor or mortgage broker
                                                                     otherwise       provided    in  paragraph                  need not provide the booklet to the
                                                                     (f)(3)(ii) of this section.                                consumer for a transaction, the pur-
                                                                        (iv) Creditor’s copy. When the con-                     pose of which is not the purchase of a
                                                                     sumer’s and seller’s disclosures under                     one-to-four family residential prop-
                                                                     this paragraph (f) are provided on sepa-                   erty, including, but not limited to, the
                                                                     rate documents, as permitted under                         following:
                                                                     § 1026.38(t)(5), the settlement agent                         (A) Refinancing transactions;
                                                                     shall provide to the creditor (if the                         (B) Closed-end loans secured by a
                                                                     creditor is not the settlement agent) a                    subordinate lien; and
                                                                     copy of the disclosures provided to the                       (C) Reverse mortgages.
                                                                     seller under paragraph (f)(4)(i) of this                      (2) Permissible changes. Creditors may
                                                                     section.                                                   not make changes to, deletions from,
                                                                        (5) No fee. No fee may be imposed on                    or additions to the special information
                                                                     any person, as a part of settlement                        booklet other than the changes speci-
                                                                     costs or otherwise, by a creditor or by                    fied in paragraphs (g)(2)(i) through (iv)
                                                                     a servicer (as that term is defined                        of this section.
                                                                     under 12 U.S.C. 2605(i)(2)) for the prepa-                    (i) In the ‘‘Complaints’’ section of the
                                                                     ration or delivery of the disclosures re-                  booklet, ‘‘the Bureau of Consumer Fi-
                                                                     quired under paragraph (f)(1)(i) of this                   nancial Protection’’ may be sub-
                                                                     section.                                                   stituted for ‘‘HUD’s Office of RESPA’’
                                                                        (g) Special information booklet at time                 and ‘‘the RESPA office.’’
                                                                     of application—(1) Creditor to provide                        (ii) In the ‘‘Avoiding Foreclosure’’
                                                                     special information booklet. Except as                     section of the booklet, it is permissible
                                                                     provided in paragraphs (g)(1)(ii) and                      to inform homeowners that they may
                                                                     (iii) of this section, the creditor shall                  find information on and assistance in
                                                                     provide a copy of the special informa-                     avoiding       foreclosures    at    http://
                                                                     tion booklet (required pursuant to sec-                    www.consumerfinance.gov.        The     ref-
                                                                     tion 5 of the Real Estate Settlement                       erence to the HUD Web site, http://
                                                                     Procedures Act (12 U.S.C. 2604) to help                    www.hud.gov/foreclosure/,       in      the
                                                                     consumers applying for federally re-                       ‘‘Avoiding Foreclosure’’ section of the
                                                                     lated mortgage loans understand the                        booklet shall not be deleted.
                                                                     nature and cost of real estate settle-                        (iii) In the ‘‘No Discrimination’’ sec-
                                                                     ment services) to a consumer who ap-                       tion of the appendix to the booklet,
                                                                     plies for a consumer credit transaction                    ‘‘the Bureau of Consumer Financial
                                                                     secured by real property or a coopera-                     Protection’’ may be substituted for the
                                                                     tive unit.                                                 reference to the ‘‘Board of Governors of
                                                                        (i) The creditor shall deliver or place                 the Federal Reserve System.’’ In the
                                                                     in the mail the special information                        Contact Information section of the ap-
                                                                     booklet not later than three business                      pendix to the booklet, the following
                                                                     days after the consumer’s application                      contact information for the Bureau
                                                                     is received. However, if the creditor de-                  may be added: ‘‘Bureau of Consumer
                                                                     nies the consumer’s application before                     Financial Protection, 1700 G Street
                                                                     the end of the three-business-day pe-                      NW.,        Washington,       DC     20552;
                                                                     riod, the creditor need not provide the                    www.consumerfinance.gov/learnmore.’’
                                                                     booklet. If a consumer uses a mortgage                     The contact information for HUD’s Of-
                                                                     broker, the mortgage broker shall pro-                     fice of RESPA and Interstate Land
                                                                     vide the special information booklet                       Sales may be removed from the ‘‘Con-
                                                                     and the creditor need not do so.                           tact Information’’ section of the appen-
                                                                        (ii) In the case of a home equity line                  dix to the booklet.
                                                                     of credit subject to § 1026.40, a creditor                    (iv) The cover of the booklet may be
                                                                     or mortgage broker that provides the                       in any form and may contain any draw-
                                                                     consumer with a copy of the brochure                       ings, pictures or artwork, provided




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                                                                     entitled ‘‘When Your Home is On the                        that the title appearing on the cover
                                                                     Line: What You Should Know About                           shall not be changed. Names, addresses,

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                                                                     § 1026.20                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     and telephone numbers of the creditor                      tion. If the finance charge originally
                                                                     or others and similar information may                      imposed on the existing obligation was
                                                                     appear on the cover, but no discussion                     an add-on or discount finance charge,
                                                                     of the matters covered in the booklet                      the creditor need only disclose:
                                                                     shall appear on the cover. References                         (1) The unpaid balance of the obliga-
                                                                     to HUD on the cover of the booklet                         tion assumed.
                                                                     may be changed to references to the                           (2) The total charges imposed by the
                                                                     Bureau.                                                    creditor in connection with the as-
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                                                                                sumption.
                                                                     FR 80108, Dec. 31, 2013; 80 FR 8776, Feb. 19,                 (3) The information required to be
                                                                     2015; 82 FR 37768, Aug. 11, 2017; 83 FR 19174,             disclosed under § 1026.18(k), (l), (m), and
                                                                     May 2, 2018]                                               (n).
                                                                                                                                   (4) The annual percentage rate origi-
                                                                     § 1026.20 Disclosure requirements re-                      nally imposed on the obligation.
                                                                          garding post-consummation events.                        (5) The payment schedule under
                                                                        (a) Refinancings. A refinancing occurs                  § 1026.18(g) and the total of payments
                                                                     when an existing obligation that was                       under § 1026.18(h) based on the remain-
                                                                     subject to this subpart is satisfied and                   ing obligation.
                                                                     replaced by a new obligation under-                           (c) Rate adjustments with a cor-
                                                                     taken by the same consumer. A refi-                        responding change in payment. The cred-
                                                                     nancing is a new transaction requiring                     itor, assignee, or servicer of an adjust-
                                                                     new disclosures to the consumer. The                       able-rate mortgage shall provide con-
                                                                     new finance charge shall include any                       sumers with disclosures, as described
                                                                     unearned portion of the old finance                        in this paragraph (c), in connection
                                                                     charge that is not credited to the exist-                  with the adjustment of interest rates
                                                                     ing obligation. The following shall not                    pursuant to the loan contract that re-
                                                                     be treated as a refinancing:                               sults in a corresponding adjustment to
                                                                        (1) A renewal of a single payment ob-                   the payment. To the extent that other
                                                                     ligation with no change in the original                    provisions of this subpart C govern the
                                                                     terms.                                                     disclosures required by this paragraph
                                                                        (2) A reduction in the annual percent-                  (c), those provisions apply to assignees
                                                                     age rate with a corresponding change                       and servicers as well as to creditors.
                                                                     in the payment schedule.                                   The disclosures required by this para-
                                                                        (3) An agreement involving a court                      graph (c) also shall be provided for an
                                                                     proceeding.                                                interest rate adjustment resulting
                                                                        (4) A change in the payment schedule                    from the conversion of an adjustable-
                                                                     or a change in collateral requirements                     rate mortgage to a fixed-rate trans-
                                                                     as a result of the consumer’s default or                   action, if that interest rate adjustment
                                                                     delinquency, unless the rate is in-                        results in a corresponding payment
                                                                     creased, or the new amount financed                        change.
                                                                     exceeds the unpaid balance plus earned                        (1) Coverage—(i) In general. For pur-
                                                                     finance charge and premiums for con-                       poses of this paragraph (c), an adjust-
                                                                     tinuation of insurance of the types de-                    able-rate mortgage or ‘‘ARM’’ is a
                                                                     scribed in § 1026.4(d).                                    closed-end consumer credit transaction
                                                                        (5) The renewal of optional insurance                   secured by the consumer’s principal
                                                                     purchased by the consumer and added                        dwelling in which the annual percent-
                                                                     to an existing transaction, if disclo-                     age rate may increase after consumma-
                                                                     sures relating to the initial purchase                     tion.
                                                                     were provided as required by this sub-                        (ii) Exemptions. The requirements of
                                                                     part.                                                      this paragraph (c) do not apply to:
                                                                        (b) Assumptions. An assumption oc-                         (A) ARMs with terms of one year or
                                                                     curs when a creditor expressly agrees                      less;
                                                                     in writing with a subsequent consumer                         (B) The first interest rate adjustment
                                                                     to accept that consumer as a primary                       to an ARM if the first payment at the
                                                                     obligor on an existing residential mort-                   adjusted level is due within 210 days
                                                                     gage transaction. Before the assump-                       after consummation and the new inter-
                                                                     tion occurs, the creditor shall make                       est rate disclosed at consummation




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                                                                     new disclosures to the subsequent con-                     pursuant to § 1026.20(d) was not an esti-
                                                                     sumer, based on the remaining obliga-                      mate; or

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.20

                                                                       (C) The creditor, assignee or servicer                     (A) The current and new interest
                                                                     of an adjustable-rate mortgage when                        rates;
                                                                     the servicer on the loan is subject to                       (B) The current and new payments
                                                                     the Fair Debt Collections Practices Act                    and the date the first new payment is
                                                                     (FDCPA) (15 U.S.C. 1692 et seq.) with re-                  due; and
                                                                     gard to the loan and the consumer has                        (C) For interest-only or negatively-
                                                                     sent a notification pursuant to FDCPA                      amortizing payments, the amount of
                                                                     section 805(c) (15 U.S.C. 1692c(c)).                       the current and new payment allocated
                                                                       (2) Timing and content. Except as oth-                   to principal, interest, and taxes and in-
                                                                     erwise provided in paragraph (c)(2) of                     surance in escrow, as applicable. The
                                                                     this section, the disclosures required                     current payment allocation disclosed
                                                                     by this paragraph (c) shall be provided                    shall be the payment allocation for the
                                                                     to consumers at least 60, but no more                      last payment prior to the date of the
                                                                     than 120, days before the first payment                    disclosure. The new payment alloca-
                                                                     at the adjusted level is due. The disclo-                  tion disclosed shall be the expected
                                                                     sures shall be provided to consumers at                    payment allocation for the first pay-
                                                                     least 25, but no more than 120, days be-                   ment for which the new interest rate
                                                                     fore the first payment at the adjusted                     will apply.
                                                                     level is due for ARMs with uniformly                         (iii) An explanation of how the inter-
                                                                     scheduled interest rate adjustments oc-                    est rate is determined, including:
                                                                     curring every 60 days or more fre-                           (A) The specific index or formula
                                                                     quently and for ARMs originated prior                      used in making interest rate adjust-
                                                                     to January 10, 2015 in which the loan                      ments and a source of information
                                                                     contract requires the adjusted interest                    about the index or formula; and
                                                                     rate and payment to be calculated                            (B) The type and amount of any ad-
                                                                     based on the index figure available as                     justment to the index, including any
                                                                     of a date that is less than 45 days prior                  margin and an explanation that the
                                                                     to the adjustment date. The disclosures                    margin is the addition of a certain
                                                                     shall be provided to consumers as soon                     number of percentage points to the
                                                                     as practicable, but not less than 25                       index, and any application of pre-
                                                                     days before the first payment at the                       viously foregone interest rate increases
                                                                     adjusted level is due, for the first ad-                   from past interest rate adjustments.
                                                                     justment to an ARM if it occurs within                       (iv) Any limits on the interest rate or
                                                                     60 days of consummation and the new                        payment increases at each interest
                                                                                                                                rate adjustment and over the life of the
                                                                     interest rate disclosed at consumma-
                                                                                                                                loan, as applicable, including the ex-
                                                                     tion pursuant to § 1026.20(d) was an esti-
                                                                                                                                tent to which such limits result in the
                                                                     mate. The disclosures required by this
                                                                                                                                creditor, assignee, or servicer foregoing
                                                                     paragraph (c) shall include:
                                                                                                                                any increase in the interest rate and
                                                                       (i) A statement providing:                               the earliest date that such foregone in-
                                                                       (A) An explanation that under the                        terest rate increases may apply to fu-
                                                                     terms of the consumer’s adjustable-                        ture interest rate adjustments, subject
                                                                     rate mortgage, the specific time period                    to those limits.
                                                                     in which the current interest rate has                       (v) An explanation of how the new
                                                                     been in effect is ending and the interest                  payment is determined, including:
                                                                     rate and mortgage payment will                               (A) The index or formula used;
                                                                     change;                                                      (B) Any adjustment to the index or
                                                                       (B) The effective date of the interest                   formula, such as the addition of a mar-
                                                                     rate adjustment and when additional                        gin or the application of any previously
                                                                     future interest rate adjustments are                       foregone interest rate increases from
                                                                     scheduled to occur; and                                    past interest rate adjustments;
                                                                       (C) Any other changes to loan terms,                       (C) The loan balance expected on the
                                                                     features, or options taking effect on                      date of the interest rate adjustment;
                                                                     the same date as the interest rate ad-                     and
                                                                     justment, such as the expiration of in-                      (D) The length of the remaining loan
                                                                     terest-only or payment-option fea-                         term expected on the date of the inter-
                                                                     tures.                                                     est rate adjustment and any change in




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                                                                       (ii) A table containing the following                    the term of the loan caused by the ad-
                                                                     information:                                               justment.

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                                                                     § 1026.20                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (vi) If applicable, a statement that                    other documents provided by the cred-
                                                                     the new payment will not be allocated                      itor, assignee, or servicer. The disclo-
                                                                     to pay loan principal and will not re-                     sures shall be provided to consumers at
                                                                     duce the loan balance. If the new pay-                     least 210, but no more than 240, days
                                                                     ment will result in negative amortiza-                     before the first payment at the ad-
                                                                     tion, a statement that the new pay-                        justed level is due. If the first payment
                                                                     ment will not be allocated to pay loan                     at the adjusted level is due within the
                                                                     principal and will pay only part of the                    first 210 days after consummation, the
                                                                     loan interest, thereby adding to the                       disclosures shall be provided at con-
                                                                     balance of the loan. If the new payment                    summation.
                                                                     will result in negative amortization as                      (1) Coverage—(i) In general. For pur-
                                                                     a result of the interest rate adjust-                      poses of this paragraph (d), an adjust-
                                                                     ment, the statement shall set forth the                    able-rate mortgage or ‘‘ARM’’ is a
                                                                     payment required to amortize fully the                     closed-end consumer credit transaction
                                                                     remaining balance at the new interest
                                                                                                                                secured by the consumer’s principal
                                                                     rate over the remainder of the loan
                                                                                                                                dwelling in which the annual percent-
                                                                     term.
                                                                                                                                age rate may increase after consumma-
                                                                        (vii) The circumstances under which
                                                                                                                                tion.
                                                                     any prepayment penalty, as defined in
                                                                     § 1026.32(b)(6)(i), may be imposed, such                     (ii) Exemptions. The requirements of
                                                                     as when paying the loan in full or sell-                   this paragraph (d) do not apply to
                                                                     ing or refinancing the principal dwell-                    ARMs with terms of one year or less.
                                                                     ing; the time period during which such                       (2) Content. If the new interest rate
                                                                     a penalty may be imposed; and a state-                     (or the new payment calculated from
                                                                     ment that the consumer may contact                         the new interest rate) is not known as
                                                                     the servicer for additional information,                   of the date of the disclosure, an esti-
                                                                     including the maximum amount of the                        mate shall be disclosed and labeled as
                                                                     penalty.                                                   such. This estimate shall be based on
                                                                        (3) Format. (i) The disclosures re-                     the calculation of the index reported in
                                                                     quired by this paragraph (c) shall be                      the source of information described in
                                                                     provided in the form of a table and in                     paragraph (d)(2)(iv)(A) of this section
                                                                     the same order as, and with headings                       within fifteen business days prior to
                                                                     and format substantially similar to,                       the date of the disclosure. The disclo-
                                                                     forms H–4(D)(1) and (2) in appendix H to                   sures required by this paragraph (d)
                                                                     this part; and                                             shall include:
                                                                        (ii) The disclosures required by para-                    (i) The date of the disclosure.
                                                                     graph (c)(2)(ii) of this section shall be                    (ii) A statement providing:
                                                                     in the form of a table located within                        (A) An explanation that under the
                                                                     the table described in paragraph                           terms of the consumer’s adjustable-
                                                                     (c)(3)(i) of this section. These disclo-                   rate mortgage, the specific time period
                                                                     sures shall appear in the same order as,                   in which the current interest rate has
                                                                     and with headings and format substan-                      been in effect is ending and that any
                                                                     tially similar to, the table inside the                    change in the interest rate may result
                                                                     larger table in forms H–4(D)(1) and (2)                    in a change in the mortgage payment;
                                                                     in appendix H to this part.
                                                                                                                                  (B) The effective date of the interest
                                                                        (d) Initial rate adjustment. The cred-
                                                                                                                                rate adjustment and when additional
                                                                     itor, assignee, or servicer of an adjust-
                                                                                                                                future interest rate adjustments are
                                                                     able-rate mortgage shall provide con-
                                                                     sumers with disclosures, as described                      scheduled to occur; and
                                                                     in this paragraph (d), in connection                         (C) Any other changes to loan terms,
                                                                     with the initial interest rate adjust-                     features, or options taking effect on
                                                                     ment pursuant to the loan contract. To                     the same date as the interest rate ad-
                                                                     the extent that other provisions of this                   justment, such as the expiration of in-
                                                                     subpart C govern the disclosures re-                       terest-only or payment-option fea-
                                                                     quired by this paragraph (d), those pro-                   tures.
                                                                     visions apply to assignees and servicers                     (iii) A table containing the following
                                                                     as well as to creditors. The disclosures                   information:




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                                                                     required by this paragraph (d) shall be                      (A) The current and new interest
                                                                     provided as a separate document from                       rates;

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.20

                                                                       (B) The current and new payments                         adjusted level is due for interest rate
                                                                     and the date the first new payment is                      adjustments that result in a cor-
                                                                     due; and                                                   responding payment change.
                                                                       (C) For interest-only or negatively-                        (vii) If applicable, a statement that
                                                                     amortizing payments, the amount of                         the new payment will not be allocated
                                                                     the current and new payment allocated                      to pay loan principal and will not re-
                                                                     to principal, interest, and taxes and in-                  duce the loan balance. If the new pay-
                                                                     surance in escrow, as applicable. The                      ment will result in negative amortiza-
                                                                     current payment allocation disclosed                       tion, a statement that the new pay-
                                                                     shall be the payment allocation for the                    ment will not be allocated to pay loan
                                                                     last payment prior to the date of the                      principal and will pay only part of the
                                                                     disclosure. The new payment alloca-                        loan interest, thereby adding to the
                                                                     tion disclosed shall be the expected                       balance of the loan. If the new payment
                                                                     payment allocation for the first pay-                      will result in negative amortization as
                                                                     ment for which the new interest rate                       a result of the interest rate adjust-
                                                                     will apply.                                                ment, the statement shall set forth the
                                                                       (iv) An explanation of how the inter-                    payment required to amortize fully the
                                                                     est rate is determined, including:                         remaining balance at the new interest
                                                                       (A) The specific index or formula                        rate over the remainder of the loan
                                                                     used in making interest rate adjust-                       term.
                                                                     ments and a source of information                             (viii) The circumstances under which
                                                                     about the index or formula; and                            any prepayment penalty, as defined in
                                                                       (B) The type and amount of any ad-                       § 1026.32(b)(6)(i), may be imposed, such
                                                                     justment to the index, including any                       as when paying the loan in full or sell-
                                                                     margin and an explanation that the                         ing or refinancing the principal dwell-
                                                                     margin is the addition of a certain                        ing; the time period during which such
                                                                     number of percentage points to the                         a penalty may be imposed; and a state-
                                                                     index.                                                     ment that the consumer may contact
                                                                       (v) Any limits on the interest rate or                   the servicer for additional information,
                                                                     payment increases at each interest                         including the maximum amount of the
                                                                     rate adjustment and over the life of the                   penalty.
                                                                     loan, as applicable, including the ex-                        (ix) The telephone number of the
                                                                     tent to which such limits result in the                    creditor, assignee, or servicer for con-
                                                                     creditor, assignee, or servicer foregoing                  sumers to call if they anticipate not
                                                                     any increase in the interest rate and                      being able to make their new pay-
                                                                     the earliest date that such foregone in-                   ments.
                                                                     terest rate increases may apply to fu-                        (x) The following alternatives to pay-
                                                                     ture interest rate adjustments, subject                    ing at the new rate that consumers
                                                                     to those limits.                                           may be able to pursue and a brief ex-
                                                                       (vi) An explanation of how the new                       planation of each alternative, ex-
                                                                     payment is determined, including:                          pressed in simple and clear terms:
                                                                       (A) The index or formula used;                              (A) Refinancing the loan with the
                                                                       (B) Any adjustment to the index or                       current or another creditor or assignee;
                                                                     formula, such as the addition of a mar-                       (B) Selling the property and using
                                                                     gin;                                                       the proceeds to pay the loan in full;
                                                                       (C) The loan balance expected on the                        (C) Modifying the terms of the loan
                                                                     date of the interest rate adjustment;                      with the creditor, assignee, or servicer;
                                                                       (D) The length of the remaining loan                     and
                                                                     term expected on the date of the inter-                       (D) Arranging payment forbearance
                                                                     est rate adjustment and any change in                      with the creditor, assignee, or servicer.
                                                                     the term of the loan caused by the ad-                        (xi) The Web site to access either the
                                                                     justment; and                                              Bureau list or the HUD list of home-
                                                                       (E) If the new interest rate or new                      ownership counselors and counseling
                                                                     payment provided is an estimate, a                         organizations, the HUD toll-free tele-
                                                                     statement that another disclosure con-                     phone number to access the HUD list of
                                                                     taining the actual new interest rate                       homeownership counselors and coun-
                                                                     and new payment will be provided to                        seling organizations, and the Bureau




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                                                                     the consumer between two and four                          Web site to access contact information
                                                                     months before the first payment at the                     for State housing finance authorities

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                                                                     § 1026.20                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     (as defined in § 1301 of the Financial In-                 account; a statement that an escrow
                                                                     stitutions Reform, Recovery, and En-                       account may also be called an impound
                                                                     forcement Act of 1989).                                    or trust account; a statement of the
                                                                       (3) Format. (i) Except for the disclo-                   reason why the escrow account will be
                                                                     sures required by paragraph (d)(2)(i) of                   closed; a statement that without an es-
                                                                     this section, the disclosures required                     crow account, the consumer must pay
                                                                     by this paragraph (d) shall be provided                    all property costs, such as taxes and
                                                                     in the form of a table and in the same                     homeowner’s insurance, directly, pos-
                                                                     order as, and with headings and format                     sibly in one or two large payments a
                                                                     substantially similar to, forms H–                         year; and a table, titled ‘‘Cost to you,’’
                                                                     4(D)(3) and (4) in appendix H to this                      that contains an itemization of the
                                                                     part;                                                      amount of any fee the creditor or
                                                                       (ii) The disclosures required by para-                   servicer imposes on the consumer in
                                                                     graph (d)(2)(i) of this section shall ap-                  connection with the closure of the con-
                                                                     pear outside of and above the table re-                    sumer’s escrow account, labeled ‘‘Es-
                                                                     quired in paragraph (d)(3)(i) of this sec-                 crow Closing Fee,’’ and a statement
                                                                     tion; and                                                  that the fee is for closing the escrow
                                                                       (iii) The disclosures required by para-                  account.
                                                                     graph (d)(2)(iii) of this section shall be                   (ii) Under the reference ‘‘In the fu-
                                                                     in the form of a table located within                      ture’’:
                                                                     the table described in paragraph                             (A) A statement of the consequences
                                                                     (d)(3)(i) of this section. These disclo-                   if the consumer fails to pay property
                                                                     sures shall appear in the same order as,                   costs, including the actions that a
                                                                     and with headings and format substan-                      State or local government may take if
                                                                     tially similar to, the table inside the                    property taxes are not paid and the ac-
                                                                     larger table in forms H–4(D)(3) and (4)                    tions the creditor or servicer may take
                                                                     in appendix H to this part.                                if the consumer does not pay some or
                                                                       (e) Escrow account cancellation notice                   all property costs, such as adding
                                                                     for certain mortgage transactions—(1)                      amounts to the loan balance, adding an
                                                                     Scope. In a closed-end consumer credit                     escrow account to the loan, or pur-
                                                                     transaction secured by a first lien on                     chasing a property insurance policy on
                                                                     real property or a dwelling, other than                    the consumer’s behalf that may be
                                                                     a reverse mortgage subject to § 1026.33,                   more expensive and provide fewer bene-
                                                                     for which an escrow account was estab-                     fits than a policy that the consumer
                                                                     lished in connection with the trans-                       could obtain directly;
                                                                     action and will be cancelled, the cred-                      (B) A statement with a telephone
                                                                     itor or servicer shall disclose the infor-                 number that the consumer can use to
                                                                     mation specified in paragraph (e)(2) of                    request additional information about
                                                                     this section in accordance with the                        the cancellation of the escrow account;
                                                                     form requirements in paragraph (e)(4)                        (C) A statement of whether the cred-
                                                                     of this section, and the timing require-                   itor or servicer offers the option of
                                                                     ments in paragraph (e)(5) of this sec-                     keeping the escrow account open and,
                                                                     tion. For purposes of this paragraph                       as applicable, a telephone number the
                                                                     (e), the term ‘‘escrow account’’ has the                   consumer can use to request that the
                                                                     same meaning as under 12 CFR                               account be kept open; and
                                                                     1024.17(b), and the term ‘‘servicer’’ has                    (D) A statement of whether there is a
                                                                     the same meaning as under 12 CFR                           cut-off date by which the consumer can
                                                                     1024.2(b).                                                 request that the account be kept open.
                                                                       (2) Content requirements. If an escrow                     (3) Optional information. The creditor
                                                                     account was established in connection                      or servicer may, at its option, include
                                                                     with a transaction subject to this para-                   its name or logo, the consumer’s name,
                                                                     graph (e) and the escrow account will                      phone number, mailing address and
                                                                     be cancelled, the creditor or servicer                     property address, the issue date of the
                                                                     shall clearly and conspicuously dis-                       notice, the loan number, or the con-
                                                                     close, under the heading ‘‘Escrow Clos-                    sumer’s account number on the notice
                                                                     ing Notice,’’ the following information:                   required by this paragraph (e). Except
                                                                       (i) A statement informing the con-                       for the name and logo of the creditor or




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                                                                     sumer of the date on which the con-                        servicer, the information described in
                                                                     sumer will no longer have an escrow                        this paragraph may be placed between

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.22

                                                                     the heading required by paragraph                          the mortgage loan obligation under
                                                                     (e)(2) of this section and the disclosures                 State law or has provided the servicer
                                                                     required by paragraphs (e)(2)(i) and (ii)                  an executed acknowledgment in ac-
                                                                     of this section. The name and logo may                     cordance        with    Regulation     X,
                                                                     be placed above the heading required                       § 1024.32(c)(1)(iv) of this chapter, that
                                                                     by paragraph (e)(2) of this section.                       the confirmed successor in interest has
                                                                       (4) Form of disclosures. The disclosures                 not revoked.
                                                                     required by paragraph (e)(2) of this sec-
                                                                                                                                [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                     tion shall be provided in a minimum 10-
                                                                                                                                FR 11004, Feb. 14, 2013; 78 FR 63005, Oct. 23,
                                                                     point font, grouped together on the                        2013; 78 FR 80111, Dec. 31, 2013; 81 FR 72388,
                                                                     front side of a one-page document, sep-                    Oct. 19, 2016]
                                                                     arate from all other materials, with
                                                                     the headings, content, order, and for-                     § 1026.21    Treatment of credit balances.
                                                                     mat substantially similar to model
                                                                                                                                  When a credit balance in excess of $1
                                                                     form H–29 in appendix H to this part.
                                                                                                                                is created in connection with a trans-
                                                                     The disclosure of the heading required
                                                                                                                                action (through transmittal of funds to
                                                                     by paragraph (e)(2) of this section shall
                                                                                                                                a creditor in excess of the total balance
                                                                     be more conspicuous than, and shall
                                                                                                                                due on an account, through rebates of
                                                                     precede, the other disclosures required
                                                                                                                                unearned finance charges or insurance
                                                                     by paragraph (e)(2) of this section.
                                                                                                                                premiums, or through amounts other-
                                                                       (5) Timing—(i) Cancellation upon con-
                                                                                                                                wise owed to or held for the benefit of
                                                                     sumer’s request. If the creditor or
                                                                                                                                a consumer), the creditor shall:
                                                                     servicer cancels the escrow account at
                                                                     the consumer’s request, the creditor or                      (a) Credit the amount of the credit
                                                                     servicer shall ensure that the consumer                    balance to the consumer’s account;
                                                                     receives the disclosures required by                         (b) Refund any part of the remaining
                                                                     paragraph (e)(2) of this section no later                  credit balance, upon the written re-
                                                                     than three business days before the clo-                   quest of the consumer; and
                                                                     sure of the consumer’s escrow account.                       (c) Make a good faith effort to refund
                                                                       (ii) Cancellations other than upon the                   to the consumer by cash, check, or
                                                                     consumer’s request. If the creditor or                     money order, or credit to a deposit ac-
                                                                     servicer cancels the escrow account                        count of the consumer, any part of the
                                                                     and the cancellation is not at the con-                    credit balance remaining in the ac-
                                                                     sumer’s request, the creditor or                           count for more than 6 months, except
                                                                     servicer shall ensure that the consumer                    that no further action is required if the
                                                                     receives the disclosures required by                       consumer’s current location is not
                                                                     paragraph (e)(2) of this section no later                  known to the creditor and cannot be
                                                                     than 30 business days before the clo-                      traced through the consumer’s last
                                                                     sure of the consumer’s escrow account.                     known address or telephone number.
                                                                       (iii) Receipt of disclosure. If the disclo-
                                                                     sures required by paragraph (e)(2) of                      § 1026.22 Determination of annual per-
                                                                     this section are not provided to the                           centage rate.
                                                                     consumer in person, the consumer is                          (a) Accuracy of annual percentage rate.
                                                                     considered to have received the disclo-                    (1) The annual percentage rate is a
                                                                     sures three business days after they are                   measure of the cost of credit, expressed
                                                                     delivered or placed in the mail.                           as a yearly rate, that relates the
                                                                       (f) Successor in interest. If, upon con-                 amount and timing of value received
                                                                     firmation, a servicer provides a con-                      by the consumer to the amount and
                                                                     firmed successor in interest who is not                    timing of payments made. The annual
                                                                     liable on the mortgage loan obligation                     percentage rate shall be determined in
                                                                     with a written notice and acknowledg-                      accordance with either the actuarial
                                                                     ment form in accordance with Regula-                       method or the United States Rule
                                                                     tion X, § 1024.32(c)(1) of this chapter,                   method. Explanations, equations and
                                                                     the servicer is not required to provide                    instructions for determining the an-
                                                                     to the confirmed successor in interest                     nual percentage rate in accordance
                                                                     any written disclosure required by                         with the actuarial method are set forth
                                                                     paragraphs (c), (d), and (e) of this sec-                  in appendix J to this part. An error in




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                                                                     tion unless and until the confirmed                        disclosure of the annual percentage
                                                                     successor in interest either assumes                       rate or finance charge shall not, in

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                                                                     § 1026.22                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     itself, be considered a violation of this                  accurate       under    § 1026.18(d)(1)   or
                                                                     part if:                                                   § 1026.38(o)(2),    as    applicable,     or
                                                                        (i) The error resulted from a cor-                      § 1026.23(g) or (h), the disclosed annual
                                                                     responding error in a calculation tool                     percentage rate shall be considered ac-
                                                                     used in good faith by the creditor; and                    curate:
                                                                        (ii) Upon discovery of the error, the                      (i) If the disclosed finance charge is
                                                                     creditor promptly discontinues use of                      understated, and the disclosed annual
                                                                     that calculation tool for disclosure                       percentage rate is also understated but
                                                                     purposes and notifies the Bureau in                        it is closer to the actual annual per-
                                                                     writing of the error in the calculation                    centage rate than the rate that would
                                                                     tool.
                                                                                                                                be considered accurate under para-
                                                                        (2) As a general rule, the annual per-
                                                                                                                                graph (a)(4) of this section;
                                                                     centage rate shall be considered accu-
                                                                     rate if it is not more than 1⁄8 of 1 per-                     (ii) If the disclosed finance charge is
                                                                     centage point above or below the an-                       overstated, and the disclosed annual
                                                                     nual percentage rate determined in ac-                     percentage rate is also overstated but
                                                                     cordance with paragraph (a)(1) of this                     it is closer to the actual annual per-
                                                                     section.                                                   centage rate than the rate that would
                                                                        (3) In an irregular transaction, the                    be considered accurate under para-
                                                                     annual percentage rate shall be consid-                    graph (a)(4) of this section.
                                                                     ered accurate if it is not more than 1⁄4                      (b) Computation tools. (1) The Regula-
                                                                     of 1 percentage point above or below                       tion Z Annual Percentage Rate Tables
                                                                     the annual percentage rate determined                      produced by the Bureau may be used to
                                                                     in accordance with paragraph (a)(1) of                     determine the annual percentage rate,
                                                                     this section. For purposes of this para-                   and any rate determined from those ta-
                                                                     graph (a)(3), an irregular transaction is                  bles in accordance with the accom-
                                                                     one that includes one or more of the                       panying instructions complies with the
                                                                     following features: multiple advances,                     requirements of this section. Volume I
                                                                     irregular payment periods, or irregular                    of the tables applies to single advance
                                                                     payment amounts (other than an irreg-                      transactions involving up to 480
                                                                     ular first period or an irregular first or                 monthly payments or 104 weekly pay-
                                                                     final payment).
                                                                                                                                ments. It may be used for regular
                                                                        (4) Mortgage loans. If the annual per-
                                                                                                                                transactions and for transactions with
                                                                     centage rate disclosed in a transaction
                                                                     secured by real property or a dwelling                     any of the following irregularities: an
                                                                     varies from the actual rate determined                     irregular first period, an irregular first
                                                                     in accordance with paragraph (a)(1) of                     payment, and an irregular final pay-
                                                                     this section, in addition to the toler-                    ment. Volume II of the tables applies
                                                                     ances applicable under paragraphs                          to transactions involving multiple ad-
                                                                     (a)(2) and (3) of this section, the dis-                   vances and any type of payment or pe-
                                                                     closed annual percentage rate shall                        riod irregularity.
                                                                     also be considered accurate if:                               (2) Creditors may use any other com-
                                                                        (i) The rate results from the disclosed                 putation tool in determining the an-
                                                                     finance charge; and                                        nual percentage rate if the rate so de-
                                                                        (ii)(A) The disclosed finance charge                    termined equals the rate determined in
                                                                     would be considered accurate under                         accordance with appendix J to this
                                                                     § 1026.18(d)(1) or § 1026.38(o)(2), as appli-              part, within the degree of accuracy set
                                                                     cable; or                                                  forth in paragraph (a) of this section.
                                                                        (B) For purposes of rescission, if the                     (c) Single add-on rate transactions. If a
                                                                     disclosed finance charge would be con-                     single add-on rate is applied to all
                                                                     sidered accurate under § 1026.23(g) or                     transactions with maturities up to 60
                                                                     (h), whichever applies.                                    months and if all payments are equal
                                                                        (5) Additional tolerance for mortgage
                                                                                                                                in amount and period, a single annual
                                                                     loans. In a transaction secured by real
                                                                                                                                percentage rate may be disclosed for
                                                                     property or a dwelling, in addition to
                                                                                                                                all those transactions, so long as it is
                                                                     the tolerances applicable under para-
                                                                     graphs (a)(2) and (3) of this section, if                  the highest annual percentage rate for




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                                                                     the disclosed finance charge is cal-                       any such transaction.
                                                                     culated incorrectly but is considered

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.23

                                                                       (d) Certain transactions involving                         (3)(i) The consumer may exercise the
                                                                     ranges of balances. For purposes of dis-                   right to rescind until midnight of the
                                                                     closing the annual percentage rate re-                     third business day following con-
                                                                     ferred to in § 1026.17(g)(4) (Mail or tele-                summation, delivery of the notice re-
                                                                     phone orders—delay in disclosures) and                     quired by paragraph (b) of this section,
                                                                     (h) (Series of sales—delay in disclo-                      or delivery of all material disclosures,
                                                                     sures), if the same finance charge is                      whichever occurs last. If the required
                                                                     imposed on all balances within a speci-                    notice or material disclosures are not
                                                                     fied range of balances, the annual per-                    delivered, the right to rescind shall ex-
                                                                     centage rate computed for the median                       pire 3 years after consummation, upon
                                                                     balance may be disclosed for all the                       transfer of all of the consumer’s inter-
                                                                     balances. However, if the annual per-                      est in the property, or upon sale of the
                                                                     centage rate computed for the median                       property, whichever occurs first. In the
                                                                     balance understates the annual per-                        case of certain administrative pro-
                                                                     centage rate computed for the lowest                       ceedings, the rescission period shall be
                                                                     balance by more than 8 percent of the                      extended in accordance with section
                                                                     latter rate, the annual percentage rate                    125(f) of the Act.
                                                                     shall be computed on whatever lower                          (ii) For purposes of this paragraph
                                                                     balance will produce an annual per-
                                                                                                                                (a)(3), the term ‘‘material disclosures’’
                                                                     centage rate that does not result in an
                                                                                                                                means the required disclosures of the
                                                                     understatement of more than 8 percent
                                                                                                                                annual percentage rate, the finance
                                                                     of the rate determined on the lowest
                                                                                                                                charge, the amount financed, the total
                                                                     balance.
                                                                                                                                of payments, the payment schedule,
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 78              and the disclosures and limitations re-
                                                                     FR 80112, Dec. 31, 2013; 80 FR 80229, Dec. 24,             ferred to in §§ 1026.32(c) and (d) and
                                                                     2015]                                                      1026.43(g).
                                                                                                                                  (4) When more than one consumer in
                                                                     § 1026.23      Right of rescission.
                                                                                                                                a transaction has the right to rescind,
                                                                       (a) Consumer’s right to rescind. (1) In a                the exercise of the right by one con-
                                                                     credit transaction in which a security                     sumer shall be effective as to all con-
                                                                     interest is or will be retained or ac-                     sumers.
                                                                     quired in a consumer’s principal dwell-                      (b)(1) Notice of right to rescind. In a
                                                                     ing, each consumer whose ownership                         transaction subject to rescission, a
                                                                     interest is or will be subject to the se-                  creditor shall deliver two copies of the
                                                                     curity interest shall have the right to                    notice of the right to rescind to each
                                                                     rescind the transaction, except for                        consumer entitled to rescind (one copy
                                                                     transactions described in paragraph (f)                    to each if the notice is delivered in
                                                                     of this section. For purposes of this                      electronic form in accordance with the
                                                                     section, the addition to an existing ob-                   consumer consent and other applicable
                                                                     ligation of a security interest in a con-                  provisions of the E-Sign Act). The no-
                                                                     sumer’s principal dwelling is a trans-                     tice shall be on a separate document
                                                                     action. The right of rescission applies                    that identifies the transaction and
                                                                     only to the addition of the security in-
                                                                                                                                shall clearly and conspicuously dis-
                                                                     terest and not the existing obligation.
                                                                                                                                close the following:
                                                                     The creditor shall deliver the notice re-
                                                                     quired by paragraph (b) of this section                      (i) The retention or acquisition of a
                                                                     but need not deliver new material dis-                     security interest in the consumer’s
                                                                     closures. Delivery of the required no-                     principal dwelling.
                                                                     tice shall begin the rescission period.                      (ii) The consumer’s right to rescind
                                                                       (2) To exercise the right to rescind,                    the transaction.
                                                                     the consumer shall notify the creditor                       (iii) How to exercise the right to re-
                                                                     of the rescission by mail, telegram or                     scind, with a form for that purpose,
                                                                     other means of written communica-                          designating the address of the credi-
                                                                     tion. Notice is considered given when                      tor’s place of business.
                                                                     mailed, when filed for telegraphic                           (iv) The effects of rescission, as de-
                                                                     transmission or, if sent by other                          scribed in paragraph (d) of this section.




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                                                                     means, when delivered to the creditor’s                      (v) The date the rescission period ex-
                                                                     designated place of business.                              pires.

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                                                                     § 1026.23                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (2) Proper form of notice. To satisfy                    ify or waive the right, the consumer
                                                                     the disclosure requirements of para-                       shall give the creditor a dated written
                                                                     graph (b)(1) of this section, the creditor                 statement that describes the emer-
                                                                     shall provide the appropriate model                        gency, specifically modifies or waives
                                                                     form in appendix H of this part or a                       the right to rescind, and bears the sig-
                                                                     substantially similar notice.                              nature of all the consumers entitled to
                                                                       (c) Delay of creditor’s performance. Un-                 rescind. Printed forms for this purpose
                                                                     less a consumer waives the right of re-                    are prohibited.
                                                                     scission under paragraph (e) of this sec-                     (f) Exempt transactions. The right to
                                                                     tion, no money shall be disbursed other                    rescind does not apply to the following:
                                                                     than in escrow, no services shall be                          (1) A residential mortgage trans-
                                                                     performed and no materials delivered                       action.
                                                                     until the rescission period has expired                       (2) A refinancing or consolidation by
                                                                     and the creditor is reasonably satisfied                   the same creditor of an extension of
                                                                     that the consumer has not rescinded.                       credit already secured by the con-
                                                                       (d) Effects of rescission. (1) When a                    sumer’s principal dwelling. The right of
                                                                     consumer rescinds a transaction, the                       rescission shall apply, however, to the
                                                                     security interest giving rise to the                       extent the new amount financed ex-
                                                                     right of rescission becomes void and                       ceeds the unpaid principal balance, any
                                                                     the consumer shall not be liable for                       earned unpaid finance charge on the
                                                                     any amount, including any finance                          existing debt, and amounts attributed
                                                                     charge.                                                    solely to the costs of the refinancing or
                                                                       (2) Within 20 calendar days after re-                    consolidation.
                                                                     ceipt of a notice of rescission, the cred-                    (3) A transaction in which a state
                                                                     itor shall return any money or prop-                       agency is a creditor.
                                                                     erty that has been given to anyone in                         (4) An advance, other than an initial
                                                                     connection with the transaction and                        advance, in a series of advances or in a
                                                                     shall take any action necessary to re-                     series of single-payment obligations
                                                                     flect the termination of the security                      that is treated as a single transaction
                                                                     interest.                                                  under § 1026.17(c)(6), if the notice re-
                                                                       (3) If the creditor has delivered any                    quired by paragraph (b) of this section
                                                                     money or property, the consumer may                        and all material disclosures have been
                                                                     retain possession until the creditor has                   given to the consumer.
                                                                     met its obligation under paragraph                            (5) A renewal of optional insurance
                                                                     (d)(2) of this section. When the creditor                  premiums that is not considered a refi-
                                                                     has complied with that paragraph, the                      nancing under § 1026.20(a)(5).
                                                                     consumer shall tender the money or                            (g) Tolerances for accuracy—(1) One-
                                                                     property to the creditor or, where the                     half of 1 percent tolerance. Except as
                                                                     latter would be impracticable or in-                       provided in paragraphs (g)(2) and (h)(2)
                                                                     equitable, tender its reasonable value.                    of this section:
                                                                     At the consumer’s option, tender of                           (i) The finance charge and other dis-
                                                                     property may be made at the location                       closures affected by the finance charge
                                                                     of the property or at the consumer’s                       (such as the amount financed and the
                                                                     residence. Tender of money must be                         annual percentage rate) shall be con-
                                                                     made at the creditor’s designated place                    sidered accurate for purposes of this
                                                                     of business. If the creditor does not                      section if the disclosed finance charge:
                                                                     take possession of the money or prop-                         (A) Is understated by no more than 1⁄2
                                                                     erty within 20 calendar days after the                     of 1 percent of the face amount of the
                                                                     consumer’s tender, the consumer may                        note or $100, whichever is greater; or
                                                                     keep it without further obligation.                           (B) Is greater than the amount re-
                                                                       (4) The procedures outlined in para-                     quired to be disclosed.
                                                                     graphs (d)(2) and (3) of this section may                     (ii) The total of payments for each
                                                                     be modified by court order.                                transaction subject to § 1026.19(e) and
                                                                       (e) Consumer’s waiver of right to re-                    (f) shall be considered accurate for pur-
                                                                     scind. The consumer may modify or                          poses of this section if the disclosed
                                                                     waive the right to rescind if the con-                     total of payments:
                                                                     sumer determines that the extension of                        (A) Is understated by no more than 1⁄2




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                                                                     credit is needed to meet a bona fide                       of 1 percent of the face amount of the
                                                                     personal financial emergency. To mod-                      note or $100, whichever is greater; or

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.24

                                                                        (B) Is greater than the amount re-                      (f) shall be considered accurate for pur-
                                                                     quired to be disclosed.                                    poses of this section if the disclosed
                                                                        (2) One percent tolerance. In a refi-                   total of payments:
                                                                     nancing of a residential mortgage                             (A) Is understated by no more than
                                                                     transaction with a new creditor (other                     $35; or
                                                                     than a transaction covered by § 1026.32),                     (B) Is greater than the amount re-
                                                                     if there is no new advance and no con-                     quired to be disclosed.
                                                                     solidation of existing loans:
                                                                                                                                [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                        (i) The finance charge and other dis-
                                                                                                                                FR 30745, May 23, 2013; 78 FR 60440, Oct. 1,
                                                                     closures affected by the finance charge                    2013; 82 FR 37769, Aug. 11, 2017]
                                                                     (such as the amount financed and the
                                                                     annual percentage rate) shall be con-                      § 1026.24    Advertising.
                                                                     sidered accurate for purposes of this
                                                                     section if the disclosed finance charge:                     (a) Actually available terms. If an ad-
                                                                        (A) Is understated by no more than 1                    vertisement for credit states specific
                                                                     percent of the face amount of the note                     credit terms, it shall state only those
                                                                     or $100, whichever is greater; or                          terms that actually are or will be ar-
                                                                        (B) Is greater than the amount re-                      ranged or offered by the creditor.
                                                                     quired to be disclosed.                                      (b) Clear and conspicuous standard.
                                                                        (ii) The total of payments for each                     Disclosures required by this section
                                                                     transaction subject to § 1026.19(e) and                    shall be made clearly and conspicu-
                                                                     (f) shall be considered accurate for pur-                  ously.
                                                                     poses of this section if the disclosed                       (c) Advertisement of rate of finance
                                                                     total of payments:                                         charge. If an advertisement states a
                                                                        (A) Is understated by no more than 1                    rate of finance charge, it shall state
                                                                     percent of the face amount of the note                     the rate as an ‘‘annual percentage
                                                                     or $100, whichever is greater; or                          rate,’’ using that term. If the annual
                                                                        (B) Is greater than the amount re-                      percentage rate may be increased after
                                                                     quired to be disclosed.                                    consummation,        the   advertisement
                                                                        (h) Special rules for foreclosures—(1)                  shall state that fact. If an advertise-
                                                                     Right to rescind. After the initiation of                  ment is for credit not secured by a
                                                                     foreclosure on the consumer’s principal                    dwelling, the advertisement shall not
                                                                     dwelling that secures the credit obliga-                   state any other rate, except that a sim-
                                                                     tion, the consumer shall have the right                    ple annual rate or periodic rate that is
                                                                     to rescind the transaction if:                             applied to an unpaid balance may be
                                                                        (i) A mortgage broker fee that should                   stated in conjunction with, but not
                                                                     have been included in the finance                          more conspicuously than, the annual
                                                                     charge was not included; or                                percentage rate. If an advertisement is
                                                                        (ii) The creditor did not provide the                   for credit secured by a dwelling, the ad-
                                                                     properly completed appropriate model                       vertisement shall not state any other
                                                                     form in appendix H of this part, or a                      rate, except that a simple annual rate
                                                                     substantially similar notice of rescis-                    that is applied to an unpaid balance
                                                                     sion.                                                      may be stated in conjunction with, but
                                                                        (2) Tolerance for disclosures. After the                not more conspicuously than, the an-
                                                                     initiation of foreclosure on the con-                      nual percentage rate.
                                                                     sumer’s principal dwelling that secures                      (d) Advertisement of terms that require
                                                                     the credit obligation:                                     additional    disclosures—(1)  Triggering
                                                                        (i) The finance charge and other dis-                   terms. If any of the following terms is
                                                                     closures affected by the finance charge                    set forth in an advertisement, the ad-
                                                                     (such as the amount financed and the                       vertisement shall meet the require-
                                                                     annual percentage rate) shall be con-                      ments of paragraph (d)(2) of this sec-
                                                                     sidered accurate for purposes of this                      tion:
                                                                     section if the disclosed finance charge:                     (i) The amount or percentage of any
                                                                        (A) Is understated by no more than                      downpayment.
                                                                     $35; or                                                      (ii) The number of payments or pe-
                                                                        (B) Is greater than the amount re-                      riod of repayment.
                                                                     quired to be disclosed.                                      (iii) The amount of any payment.




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                                                                        (ii) The total of payments for each                       (iv) The amount of any finance
                                                                     transaction subject to § 1026.19(e) and                    charge.

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                                                                     § 1026.24                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (2) Additional terms. An advertisement                   annual rate of interest will apply over
                                                                     stating any of the terms in paragraph                      the term of the advertised loan, the ad-
                                                                     (d)(1) of this section shall state the fol-                vertisement shall disclose in a clear
                                                                     lowing terms, as applicable (an exam-                      and conspicuous manner:
                                                                     ple of one or more typical extensions of                      (A) Each simple annual rate of inter-
                                                                     credit with a statement of all the                         est that will apply. In variable-rate
                                                                     terms applicable to each may be used):                     transactions, a rate determined by add-
                                                                       (i) The amount or percentage of the                      ing an index and margin shall be dis-
                                                                     downpayment.                                               closed based on a reasonably current
                                                                       (ii) The terms of repayment, which                       index and margin;
                                                                     reflect the repayment obligations over                        (B) The period of time during which
                                                                     the full term of the loan, including any                   each simple annual rate of interest will
                                                                     balloon payment.                                           apply; and
                                                                       (iii) The ‘‘annual percentage rate,’’                       (C) The annual percentage rate for
                                                                     using that term, and, if the rate may                      the loan. If such rate is variable, the
                                                                     be increased after consummation, that                      annual percentage rate shall comply
                                                                     fact.                                                      with the accuracy standards in
                                                                       (e) Catalogs or other multiple-page ad-                  §§ 1026.17(c) and 1026.22.
                                                                     vertisements; electronic advertisements. (1)
                                                                                                                                   (ii) Clear and conspicuous requirement.
                                                                     If a catalog or other multiple-page ad-
                                                                                                                                For purposes of paragraph (f)(2)(i) of
                                                                     vertisement, or an electronic adver-
                                                                                                                                this section, clearly and conspicuously
                                                                     tisement (such as an advertisement ap-
                                                                                                                                disclosed means that the required in-
                                                                     pearing on an Internet Web site), gives
                                                                                                                                formation in paragraphs (f)(2)(i)(A)
                                                                     information in a table or schedule in
                                                                                                                                through (C) shall be disclosed with
                                                                     sufficient detail to permit determina-
                                                                                                                                equal prominence and in close prox-
                                                                     tion of the disclosures required by
                                                                                                                                imity to any advertised rate that trig-
                                                                     paragraph (d)(2) of this section, it shall
                                                                                                                                gered the required disclosures. The re-
                                                                     be considered a single advertisement if:
                                                                                                                                quired      information    in   paragraph
                                                                       (i) The table or schedule is clearly
                                                                                                                                (f)(2)(i)(C) may be disclosed with great-
                                                                     and conspicuously set forth; and
                                                                                                                                er prominence than the other informa-
                                                                       (ii) Any statement of the credit
                                                                                                                                tion.
                                                                     terms in paragraph (d)(1) of this sec-
                                                                     tion appearing anywhere else in the                           (3) Disclosure of payments—(i) In gen-
                                                                     catalog or advertisement clearly refers                    eral. In addition to the requirements of
                                                                     to the page or location where the table                    paragraph (c) of this section, if an ad-
                                                                     or schedule begins.                                        vertisement for credit secured by a
                                                                       (2) A catalog or other multiple-page                     dwelling states the amount of any pay-
                                                                     advertisement or an electronic adver-                      ment, the advertisement shall disclose
                                                                     tisement (such as an advertisement ap-                     in a clear and conspicuous manner:
                                                                     pearing on an Internet Web site) com-                         (A) The amount of each payment
                                                                     plies with paragraph (d)(2) of this sec-                   that will apply over the term of the
                                                                     tion if the table or schedule of terms                     loan, including any balloon payment.
                                                                     includes all appropriate disclosures for                   In variable-rate transactions, pay-
                                                                     a representative scale of amounts up to                    ments that will be determined based on
                                                                     the level of the more commonly sold                        the application of the sum of an index
                                                                     higher-priced property or services of-                     and margin shall be disclosed based on
                                                                     fered.                                                     a reasonably current index and margin;
                                                                       (f) Disclosure of rates and payments in                     (B) The period of time during which
                                                                     advertisements for credit secured by a                     each payment will apply; and
                                                                     dwelling—(1) Scope. The requirements of                       (C) In an advertisement for credit se-
                                                                     this paragraph apply to any advertise-                     cured by a first lien on a dwelling, the
                                                                     ment for credit secured by a dwelling,                     fact that the payments do not include
                                                                     other than television or radio adver-                      amounts for taxes and insurance pre-
                                                                     tisements, including promotional ma-                       miums, if applicable, and that the ac-
                                                                     terials accompanying applications.                         tual payment obligation will be great-
                                                                       (2) Disclosure of rates—(i) In general. If               er.
                                                                     an advertisement for credit secured by                        (ii) Clear and conspicuous requirement.




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                                                                     a dwelling states a simple annual rate                     For purposes of paragraph (f)(3)(i) of
                                                                     of interest and more than one simple                       this section, a clear and conspicuous

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.24

                                                                     disclosure means that the required in-                        (i) Prohibited acts or practices in adver-
                                                                     formation in paragraphs (f)(3)(i)(A) and                   tisements for credit secured by a dwelling.
                                                                     (B) shall be disclosed with equal promi-                   The following acts or practices are pro-
                                                                     nence and in close proximity to any ad-                    hibited in advertisements for credit se-
                                                                     vertised payment that triggered the re-                    cured by a dwelling:
                                                                     quired disclosures, and that the re-                          (1) Misleading advertising of ‘‘fixed’’
                                                                     quired      information     in   paragraph                 rates and payments. Using the word
                                                                     (f)(3)(i)(C) shall be disclosed with prom-                 ‘‘fixed’’ to refer to rates, payments, or
                                                                     inence and in close proximity to the                       the credit transaction in an advertise-
                                                                     advertised payments.                                       ment for variable-rate transactions or
                                                                        (4) Envelope excluded. The require-                     other transactions where the payment
                                                                     ments in paragraphs (f)(2) and (f)(3) of                   will increase, unless:
                                                                     this section do not apply to an enve-                         (i) In the case of an advertisement
                                                                     lope in which an application or solici-                    solely for one or more variable-rate
                                                                     tation is mailed, or to a banner adver-                    transactions,
                                                                     tisement or pop-up advertisement                              (A) The phrase ‘‘Adjustable-Rate
                                                                     linked to an application or solicitation                   Mortgage,’’ ‘‘Variable-Rate Mortgage,’’
                                                                     provided electronically.                                   or ‘‘ARM’’ appears in the advertise-
                                                                        (g) Alternative disclosures—television or               ment before the first use of the word
                                                                     radio advertisements. An advertisement                     ‘‘fixed’’ and is at least as conspicuous
                                                                     made through television or radio stat-
                                                                                                                                as any use of the word ‘‘fixed’’ in the
                                                                     ing any of the terms requiring addi-
                                                                                                                                advertisement; and
                                                                     tional disclosures under paragraph
                                                                                                                                   (B) Each use of the word ‘‘fixed’’ to
                                                                     (d)(2) of this section may comply with
                                                                     paragraph (d)(2) of this section either                    refer to a rate or payment is accom-
                                                                     by:                                                        panied by an equally prominent and
                                                                        (1) Stating clearly and conspicuously                   closely proximate statement of the
                                                                     each of the additional disclosures re-                     time period for which the rate or pay-
                                                                     quired under paragraph (d)(2) of this                      ment is fixed, and the fact that the
                                                                     section; or                                                rate may vary or the payment may in-
                                                                        (2) Stating clearly and conspicuously                   crease after that period;
                                                                     the information required by paragraph                         (ii) In the case of an advertisement
                                                                     (d)(2)(iii) of this section and listing a                  solely for non-variable-rate trans-
                                                                     toll-free telephone number, or any tele-                   actions where the payment will in-
                                                                     phone number that allows a consumer                        crease (e.g., a stepped-rate mortgage
                                                                     to reverse the phone charges when call-                    transaction with an initial lower pay-
                                                                     ing for information, along with a ref-                     ment), each use of the word ‘‘fixed’’ to
                                                                     erence that such number may be used                        refer to the payment is accompanied by
                                                                     by consumers to obtain additional cost                     an equally prominent and closely prox-
                                                                     information.                                               imate statement of the time period for
                                                                        (h) Tax implications. If an advertise-                  which the payment is fixed, and the
                                                                     ment distributed in paper form or                          fact that the payment will increase
                                                                     through the Internet (rather than by                       after that period; or
                                                                     radio or television) is for a loan se-                        (iii) In the case of an advertisement
                                                                     cured by the consumer’s principal                          for both variable-rate transactions and
                                                                     dwelling, and the advertisement states                     non-variable-rate transactions,
                                                                     that the advertised extension of credit                       (A) The phrase ‘‘Adjustable-Rate
                                                                     may exceed the fair market value of                        Mortgage,’’ ‘‘Variable-Rate Mortgage,’’
                                                                     the dwelling, the advertisement shall                      or ‘‘ARM’’ appears in the advertise-
                                                                     clearly and conspicuously state that:                      ment with equal prominence as any use
                                                                        (1) The interest on the portion of the                  of the term ‘‘fixed,’’ ‘‘Fixed-Rate Mort-
                                                                     credit extension that is greater than                      gage,’’ or similar terms; and
                                                                     the fair market value of the dwelling is                      (B) Each use of the word ‘‘fixed’’ to
                                                                     not tax deductible for Federal income                      refer to a rate, payment, or the credit
                                                                     tax purposes; and                                          transaction either refers solely to the
                                                                        (2) The consumer should consult a                       transactions for which rates are fixed
                                                                     tax adviser for further information re-                    and complies with paragraph (i)(1)(ii)




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                                                                     garding the deductibility of interest                      of this section, if applicable, or, if it re-
                                                                     and charges.                                               fers to the variable-rate transactions,

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                                                                     § 1026.25                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     is accompanied by an equally promi-                           (5) Misleading claims of debt elimi-
                                                                     nent and closely proximate statement                       nation. Making any misleading claim
                                                                     of the time period for which the rate or                   in an advertisement that the mortgage
                                                                     payment is fixed, and the fact that the                    product offered will eliminate debt or
                                                                     rate may vary or the payment may in-                       result in a waiver or forgiveness of a
                                                                     crease after that period.                                  consumer’s existing loan terms with,
                                                                       (2) Misleading comparisons in advertise-                 or obligations to, another creditor.
                                                                     ments. Making any comparison in an                            (6) Misleading use of the term ‘‘coun-
                                                                     advertisement between actual or hypo-                      selor’’. Using the term ‘‘counselor’’ in
                                                                     thetical credit payments or rates and                      an advertisement to refer to a for-prof-
                                                                     any payment or simple annual rate                          it mortgage broker or mortgage cred-
                                                                     that will be available under the adver-                    itor, its employees, or persons working
                                                                     tised product for a period less than the                   for the broker or creditor that are in-
                                                                     full term of the loan, unless:                             volved in offering, originating or sell-
                                                                                                                                ing mortgages.
                                                                       (i) In general. The advertisement in-
                                                                                                                                   (7) Misleading foreign-language adver-
                                                                     cludes a clear and conspicuous com-
                                                                                                                                tisements. Providing information about
                                                                     parison to the information required to
                                                                                                                                some trigger terms or required disclo-
                                                                     be disclosed under § 1026.24(f)(2) and (3);                sures, such as an initial rate or pay-
                                                                     and                                                        ment, only in a foreign language in an
                                                                       (ii) Application to variable-rate trans-                 advertisement, but providing informa-
                                                                     actions. If the advertisement is for a                     tion about other trigger terms or re-
                                                                     variable-rate transaction, and the ad-                     quired disclosures, such as information
                                                                     vertised payment or simple annual rate                     about the fully-indexed rate or fully
                                                                     is based on the index and margin that                      amortizing payment, only in English in
                                                                     will be used to make subsequent rate                       the same advertisement.
                                                                     or payment adjustments over the term
                                                                     of the loan, the advertisement includes
                                                                                                                                      Subpart D—Miscellaneous
                                                                     an equally prominent statement in
                                                                     close proximity to the payment or rate                     § 1026.25 Record retention.
                                                                     that the payment or rate is subject to
                                                                                                                                   (a) General rule. A creditor shall re-
                                                                     adjustment and the time period when
                                                                                                                                tain evidence of compliance with this
                                                                     the first adjustment will occur.
                                                                                                                                part (other than advertising require-
                                                                       (3) Misrepresentations about govern-                     ments under §§ 1026.16 and 1026.24, and
                                                                     ment endorsement. Making any state-                        other than the requirements under
                                                                     ment in an advertisement that the                          § 1026.19(e) and (f)) for two years after
                                                                     product offered is a ‘‘government loan                     the date disclosures are required to be
                                                                     program’’,        ‘‘government-supported                   made or action is required to be taken.
                                                                     loan’’, or is otherwise endorsed or spon-                  The administrative agencies respon-
                                                                     sored by any Federal, state, or local                      sible for enforcing the regulation may
                                                                     government entity, unless the adver-                       require creditors under their jurisdic-
                                                                     tisement is for an FHA loan, VA loan,                      tions to retain records for a longer pe-
                                                                     or similar loan program that is, in fact,                  riod if necessary to carry out their en-
                                                                     endorsed or sponsored by a Federal,                        forcement responsibilities under sec-
                                                                     state, or local government entity.                         tion 108 of the Act.
                                                                       (4) Misleading use of the current lend-                     (b) Inspection of records. A creditor
                                                                     er’s name. Using the name of the con-                      shall permit the agency responsible for
                                                                     sumer’s current lender in an advertise-                    enforcing this part with respect to that
                                                                     ment that is not sent by or on behalf of                   creditor to inspect its relevant records
                                                                     the consumer’s current lender, unless                      for compliance.
                                                                     the advertisement:                                            (c) Records related to certain require-
                                                                       (i) Discloses with equal prominence                      ments for mortgage loans—(1) Records re-
                                                                     the name of the person or creditor                         lated to requirements for loans secured by
                                                                     making the advertisement; and                              real property or a cooperative unit—(i)
                                                                       (ii) Includes a clear and conspicuous                    General rule. Except as provided under
                                                                     statement that the person making the                       paragraph (c)(1)(ii) of this section, a
                                                                     advertisement is not associated with,                      creditor shall retain evidence of com-




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                                                                     or acting on behalf of, the consumer’s                     pliance with the requirements of
                                                                     current lender.                                            § 1026.19(e) and (f) for three years after

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.28

                                                                     the later of the date of consummation,                     consummation of a transaction covered
                                                                     the date disclosures are required to be                    by that section.
                                                                     made, or the date the action is required
                                                                                                                                [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                     to be taken.                                               FR 6583, Jan. 30, 2013; 78 FR 11410, Feb. 15,
                                                                        (ii) Closing disclosures. (A) A creditor                2013; 78 FR 60382, Oct. 1, 2013; 78 FR 80112,
                                                                     shall retain each completed disclosure                     Dec. 31, 2013; 82 FR 37769, Aug. 11, 2017]
                                                                     required      under     § 1026.19(f)(1)(i) or
                                                                     (f)(4)(i), and all documents related to                    § 1026.26 Use of annual percentage
                                                                     such disclosures, for five years after                         rate in oral disclosures.
                                                                     consummation, notwithstanding para-                          (a) Open-end credit. In an oral re-
                                                                     graph (c)(1)(ii)(B) of this section.                       sponse to a consumer’s inquiry about
                                                                        (B) If a creditor sells, transfers, or                  the cost of open-end credit, only the
                                                                     otherwise disposes of its interest in a                    annual percentage rate or rates shall
                                                                     mortgage loan subject to § 1026.19(f) and                  be stated, except that the periodic rate
                                                                     does not service the mortgage loan, the                    or rates also may be stated. If the an-
                                                                     creditor shall provide a copy of the dis-                  nual percentage rate cannot be deter-
                                                                     closures required under § 1026.19(f)(1)(i)                 mined in advance because there are fi-
                                                                     or (f)(4)(i) to the owner or servicer of                   nance charges other than a periodic
                                                                     the mortgage as a part of the transfer                     rate, the corresponding annual percent-
                                                                     of the loan file. Such owner or servicer                   age rate shall be stated, and other cost
                                                                     shall retain such disclosures for the re-                  information may be given.
                                                                     mainder of the five-year period de-                          (b) Closed-end credit. In an oral re-
                                                                     scribed under paragraph (c)(1)(ii)(A) of                   sponse to a consumer’s inquiry about
                                                                     this section.                                              the cost of closed-end credit, only the
                                                                                                                                annual percentage rate shall be stated,
                                                                        (C) The Bureau shall have the right
                                                                                                                                except that a simple annual rate or
                                                                     to require provision of copies of records
                                                                                                                                periodic rate also may be stated if it is
                                                                     related to the disclosures required                        applied to an unpaid balance. If the an-
                                                                     under § 1026.19(f)(1)(i) and (f)(4)(i).                    nual percentage rate cannot be deter-
                                                                        (2) Records related to requirements for                 mined in advance, the annual percent-
                                                                     loan originator compensation. Notwith-                     age rate for a sample transaction shall
                                                                     standing paragraph (a) of this section,                    be stated, and other cost information
                                                                     for transactions subject to § 1026.36:                     for the consumer’s specific transaction
                                                                        (i) A creditor shall maintain records                   may be given.
                                                                     sufficient to evidence all compensation
                                                                     it pays to a loan originator, as defined                   § 1026.27    Language of disclosures.
                                                                     in § 1026.36(a)(1), and the compensation                     Disclosures required by this part may
                                                                     agreement that governs those pay-                          be made in a language other than
                                                                     ments for three years after the date of                    English, provided that the disclosures
                                                                     payment.                                                   are made available in English upon the
                                                                        (ii) A loan originator organization, as                 consumer’s request. This requirement
                                                                     defined in § 1026.36(a)(1)(iii), shall main-               for providing English disclosures on re-
                                                                     tain records sufficient to evidence all                    quest does not apply to advertisements
                                                                     compensation it receives from a cred-                      subject to §§ 1026.16 and 1026.24.
                                                                     itor, a consumer, or another person; all
                                                                     compensation it pays to any individual                     § 1026.28    Effect on state laws.
                                                                     loan      originator,      as    defined   in                (a) Inconsistent disclosure requirements.
                                                                     § 1026.36(a)(1)(ii); and the compensation                  (1) Except as provided in paragraph (d)
                                                                     agreement that governs each such re-                       of this section, State law requirements
                                                                     ceipt or payment, for three years after                    that are inconsistent with the require-
                                                                     the date of each such receipt or pay-                      ments contained in chapter 1 (General
                                                                     ment.                                                      Provisions), chapter 2 (Credit Trans-
                                                                        (3) Records related to minimum stand-                   actions), or chapter 3 (Credit Adver-
                                                                     ards for transactions secured by a dwell-                  tising) of the Act and the imple-
                                                                     ing. Notwithstanding paragraph (a) of                      menting provisions of this part are pre-
                                                                     this section, a creditor shall retain evi-                 empted to the extent of the inconsist-




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                                                                     dence of compliance with § 1026.43 of                      ency. A State law is inconsistent if it
                                                                     this regulation for three years after                      requires a creditor to make disclosures

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                                                                     § 1026.29                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     or take actions that contradict the re-                    Federal disclosures, the state disclo-
                                                                     quirements of the Federal law. A State                     sures shall appear under a demarcation
                                                                     law is contradictory if it requires the                    line below the Federal disclosures, and
                                                                     use of the same term to represent a dif-                   the Federal disclosures shall be identi-
                                                                     ferent amount or a different meaning                       fied by a heading indicating that they
                                                                     than the Federal law, or if it requires                    are made in compliance with Federal
                                                                     the use of a term different from that                      law.
                                                                     required in the Federal law to describe                      (ii) State law requirements are in-
                                                                     the same item. A creditor, State, or                       consistent with the requirements con-
                                                                     other interested party may request the                     tained in chapter 4 (Credit billing) of
                                                                     Bureau to determine whether a State                        the Act (other than section 161 or 162)
                                                                     law requirement is inconsistent. After                     and the implementing provisions of
                                                                     the Bureau determines that a State                         this part and are preempted if the cred-
                                                                     law is inconsistent, a creditor may not                    itor cannot comply with state law
                                                                     make disclosures using the incon-                          without violating Federal law.
                                                                     sistent term or form. A determination                        (iii) A state may request the Bureau
                                                                     as to whether a State law is incon-                        to determine whether its law is incon-
                                                                     sistent with the requirements of sec-                      sistent with chapter 4 of the Act and
                                                                     tions 4 and 5 of RESPA (other than the                     its implementing provisions.
                                                                     RESPA section 5(c) requirements re-                          (b) Equivalent disclosure requirements.
                                                                     garding provision of a list of certified                   If the Bureau determines that a disclo-
                                                                     homeownership          counselors)     and                 sure required by state law (other than
                                                                     §§ 1026.19(e) and (f), 1026.37, and 1026.38                a requirement relating to the finance
                                                                     shall be made in accordance with this                      charge, annual percentage rate, or the
                                                                     section and not 12 CFR 1024.13.                            disclosures required under § 1026.32) is
                                                                        (2)(i) State law requirements are in-                   substantially the same in meaning as a
                                                                     consistent with the requirements con-                      disclosure required under the Act or
                                                                     tained in sections 161 (Correction of                      this part, creditors in that state may
                                                                     billing errors) or 162 (Regulation of                      make the state disclosure in lieu of the
                                                                     credit reports) of the Act and the im-                     Federal disclosure. A creditor, state, or
                                                                     plementing provisions of this part and                     other interested party may request the
                                                                     are preempted if they provide rights,                      Bureau to determine whether a state
                                                                     responsibilities, or procedures for con-                   disclosure is substantially the same in
                                                                     sumers or creditors that are different                     meaning as a Federal disclosure.
                                                                     from those required by the Federal law.                      (c) Request for determination. The pro-
                                                                     However, a state law that allows a con-                    cedures under which a request for a de-
                                                                     sumer to inquire about an open-end                         termination may be made under this
                                                                     credit account and imposes on the                          section are set forth in appendix A.
                                                                     creditor an obligation to respond to                         (d) Special rule for credit and charge
                                                                     such inquiry after the time allowed in                     cards. State law requirements relating
                                                                     the Federal law for the consumer to                        to the disclosure of credit information
                                                                     submit written notice of a billing error                   in any credit or charge card applica-
                                                                     shall not be preempted in any situation                    tion or solicitation that is subject to
                                                                     where the time period for making writ-                     the requirements of section 127(c) of
                                                                     ten notice under this part has expired.                    chapter 2 of the Act (§ 1026.60 of the reg-
                                                                     If a creditor gives written notice of a                    ulation) or in any renewal notice for a
                                                                     consumer’s rights under such state                         credit or charge card that is subject to
                                                                     law, the notice shall state that reliance                  the requirements of section 127(d) of
                                                                     on the longer time period available                        chapter 2 of the Act (§ 1026.9(e) of the
                                                                     under state law may result in the loss                     regulation) are preempted. State laws
                                                                     of important rights that could be pre-                     relating to the enforcement of section
                                                                     served by acting more promptly under                       127(c) and (d) of the Act are not pre-
                                                                     Federal law; it shall also explain that                    empted.
                                                                     the state law provisions apply only                        [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                     after expiration of the time period for                    FR 80112, Dec. 31, 2013]
                                                                     submitting a proper written notice of a
                                                                     billing error under the Federal law. If                    § 1026.29 State exemptions.




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                                                                     the state disclosures are made on the                         (a) General rule. Any state may apply
                                                                     same side of a page as the required                        to the Bureau to exempt a class of

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.31

                                                                     transactions within the state from the                     consumer in electronic form, subject to
                                                                     requirements of chapter 2 (Credit                          compliance with the consumer consent
                                                                     transactions) or chapter 4 (Credit bill-                   and other applicable provisions of the
                                                                     ing) of the Act and the corresponding                      Electronic Signatures in Global and
                                                                     provisions of this part. The Bureau                        National Commerce Act (E-Sign Act)
                                                                     shall grant an exemption if it deter-                      (15 U.S.C. 7001 et seq.).
                                                                     mines that:                                                   (c) Timing of disclosure—(1) Disclosures
                                                                       (1) The state law is substantially                       for high-cost mortgages. The creditor
                                                                     similar to the Federal law or, in the
                                                                                                                                shall furnish the disclosures required
                                                                     case of chapter 4, affords the consumer
                                                                     greater protection than the Federal                        by § 1026.32 at least three business days
                                                                     law; and                                                   prior to consummation or account
                                                                       (2) There is adequate provision for                      opening of a high-cost mortgage as de-
                                                                     enforcement.                                               fined in § 1026.32(a).
                                                                       (b) Civil liability. (1) No exemptions                      (i) Change in terms. After complying
                                                                     granted under this section shall extend                    with this paragraph (c)(1) and prior to
                                                                     to the civil liability provisions of sec-                  consummation or account opening, if
                                                                     tions 130 and 131 of the Act.                              the creditor changes any term that
                                                                       (2) If an exemption has been granted,                    makes the disclosures inaccurate, new
                                                                     the disclosures required by the applica-                   disclosures shall be provided in accord-
                                                                     ble state law (except any additional re-                   ance with the requirements of this sub-
                                                                     quirements not imposed by Federal                          part.
                                                                     law) shall constitute the disclosures re-                     (ii) Telephone disclosures. A creditor
                                                                     quired by the Act.                                         may provide new disclosures required
                                                                       (c) Applications. The procedures under
                                                                                                                                by paragraph (c)(1)(i) of this section by
                                                                     which a state may apply for an exemp-
                                                                                                                                telephone if the consumer initiates the
                                                                     tion under this section are set forth in
                                                                     appendix B to this part.                                   change and if, prior to or at con-
                                                                                                                                summation or account opening:
                                                                     § 1026.30 Limitation on rates.                                (A) The creditor provides new written
                                                                        A creditor shall include in any con-                    disclosures; and
                                                                     sumer credit contract secured by a                            (B) The consumer and creditor sign a
                                                                     dwelling and subject to the Act and                        statement that the new disclosures
                                                                     this part the maximum interest rate                        were provided by telephone at least
                                                                     that may be imposed during the term                        three days prior to consummation or
                                                                     of the obligation when:                                    account opening, as applicable.
                                                                        (a) In the case of closed-end credit,                      (iii) Consumer’s waiver of waiting pe-
                                                                     the annual percentage rate may in-                         riod before consummation or account
                                                                     crease after consummation, or                              opening. The consumer may, after re-
                                                                        (b) In the case of open-end credit, the                 ceiving the disclosures required by this
                                                                     annual percentage rate may increase                        paragraph (c)(1), modify or waive the
                                                                     during the plan.                                           three-day waiting period between de-
                                                                                                                                livery of those disclosures and con-
                                                                     Subpart E—Special Rules for Cer-                           summation or account opening if the
                                                                        tain Home Mortgage Trans-                               consumer determines that the exten-
                                                                        actions                                                 sion of credit is needed to meet a bona
                                                                                                                                fide personal financial emergency. To
                                                                     § 1026.31 General rules.
                                                                                                                                modify or waive the right, the con-
                                                                        (a) Relation to other subparts in this                  sumer shall give the creditor a dated
                                                                     part. The requirements and limitations                     written statement that describes the
                                                                     of this subpart are in addition to and                     emergency, specifically modifies or
                                                                     not in lieu of those contained in other                    waives the waiting period, and bears
                                                                     subparts of this part.
                                                                                                                                the signature of all the consumers enti-
                                                                        (b) Form of disclosures. The creditor
                                                                                                                                tled to the waiting period. Printed
                                                                     shall make the disclosures required by
                                                                     this subpart clearly and conspicuously                     forms for this purpose are prohibited,
                                                                     in writing, in a form that the consumer                    except when creditors are permitted to




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                                                                     may keep. The disclosures required by                      use      printed   forms    pursuant     to
                                                                     this subpart may be provided to the                        § 1026.23(e)(2).

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                                                                     § 1026.31                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (2) Disclosures for reverse mortgages.                  is covered by section 1026.32, if it is ac-
                                                                     The creditor shall furnish the disclo-                     curate according to the requirements
                                                                     sures required by § 1026.33 at least three                 and within the tolerances under sec-
                                                                     business days prior to:                                    tion 1026.22 for closed-end credit trans-
                                                                        (i) Consummation of a closed-end                        actions or 1026.6(a) for open-end credit
                                                                     credit transaction; or                                     plans. The finance charge tolerances
                                                                        (ii) The first transaction under an                     for rescission under section 1026.23(g)
                                                                     open-end credit plan.                                      or (h) shall not apply for this purpose.
                                                                        (d) Basis of disclosures and use of esti-                 (h) Corrections and unintentional viola-
                                                                     mates—(1) Legal obligation. Disclosures                    tions. A creditor or assignee in a high-
                                                                     shall reflect the terms of the legal obli-                 cost mortgage, as defined in § 1026.32(a),
                                                                     gation between the parties.                                who, when acting in good faith, failed
                                                                        (2) Estimates. If any information nec-                  to comply with any requirement under
                                                                     essary for an accurate disclosure is un-                   section 129 of the Act will not be
                                                                     known to the creditor, the creditor                        deemed to have violated such require-
                                                                     shall make the disclosure based on the                     ment if the creditor or assignee satis-
                                                                     best information reasonably available                      fies either of the following sets of con-
                                                                     at the time the disclosure is provided,                    ditions:
                                                                     and shall state clearly that the disclo-                     (1)(i) Within 30 days of consummation
                                                                     sure is an estimate.                                       or account opening and prior to the in-
                                                                        (3) Per-diem interest. For a transaction                stitution of any action, the consumer
                                                                     in which a portion of the interest is de-                  is notified of or discovers the violation;
                                                                     termined on a per-diem basis and col-                        (ii) Appropriate restitution is made
                                                                     lected at consummation, any disclo-                        within a reasonable time; and
                                                                     sure affected by the per-diem interest                       (iii) Within a reasonable time, what-
                                                                     shall be considered accurate if the dis-                   ever adjustments are necessary are
                                                                     closure is based on the information                        made to the loan or credit plan to ei-
                                                                     known to the creditor at the time that                     ther, at the choice of the consumer:
                                                                     the disclosure documents are prepared.                       (A) Make the loan or credit plan sat-
                                                                        (e) Multiple creditors; multiple con-                   isfy the requirements of 15 U.S.C. 1631–
                                                                     sumers. If a transaction involves more                     1651; or
                                                                     than one creditor, only one set of dis-                      (B) Change the terms of the loan or
                                                                     closures shall be given and the credi-                     credit plan in a manner beneficial to
                                                                     tors shall agree among themselves                          the consumer so that the loan or credit
                                                                     which creditor must comply with the                        plan will no longer be a high-cost mort-
                                                                     requirements that this part imposes on                     gage.
                                                                     any or all of them. If there is more                         (2)(i) Within 60 days of the creditor’s
                                                                     than one consumer, the disclosures                         discovery or receipt of notification of
                                                                     may be made to any consumer who is                         an unintentional violation or bona fide
                                                                     primarily liable on the obligation. If                     error and prior to the institution of
                                                                     the transaction is rescindable under                       any action, the consumer is notified of
                                                                     § 1026.15 or § 1026.23, however, the disclo-               the compliance failure;
                                                                     sures shall be made to each consumer                         (ii) Appropriate restitution is made
                                                                     who has the right to rescind.                              within a reasonable time; and
                                                                        (f) Effect of subsequent events. If a dis-                (iii) Within a reasonable time, what-
                                                                     closure becomes inaccurate because of                      ever adjustments are necessary are
                                                                     an event that occurs after the creditor                    made to the loan or credit plan to ei-
                                                                     delivers the required disclosures, the                     ther, at the choice of the consumer:
                                                                     inaccuracy is not a violation of Regula-                     (A) Make the loan or credit plan sat-
                                                                     tion Z (12 CFR part 1026), although new                    isfy the requirements of 15 U.S.C. 1631–
                                                                     disclosures may be required for mort-                      1651; or
                                                                     gages covered by § 1026.32 under para-                       (B) Change the terms of the loan or
                                                                     graph (c) of this section, § 1026.9(c),                    credit plan in a manner beneficial to
                                                                     § 1026.19, or § 1026.20.                                   the consumer so that the loan or credit
                                                                        (g) Accuracy of annual percentage                       plan will no longer be a high-cost mort-
                                                                     rate. For purposes of section 1026.32,                     gage.
                                                                     the annual percentage rate shall be




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                                                                                                                                [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                     considered accurate, and may be used                       FR 6962, Jan. 31, 2013; 78 FR 60440, Oct. 1,
                                                                     in determining whether a transaction                       2013]

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.32

                                                                     § 1026.32 Requirements for high-cost                         (ii) A transaction to finance the ini-
                                                                         mortgages.                                             tial construction of a dwelling;
                                                                        (a) Coverage. (1) The requirements of                     (iii) A transaction originated by a
                                                                     this section apply to a high-cost mort-                    Housing Finance Agency, where the
                                                                     gage, which is any consumer credit                         Housing Finance Agency is the creditor
                                                                     transaction that is secured by the con-                    for the transaction; or
                                                                     sumer’s principal dwelling, other than                       (iv) A transaction originated pursu-
                                                                     as provided in paragraph (a)(2) of this                    ant to the United States Department of
                                                                     section, and in which:                                     Agriculture’s Rural Development Sec-
                                                                        (i) The annual percentage rate appli-                   tion 502 Direct Loan Program.
                                                                     cable to the transaction, as determined                      (3) Determination of annual percentage
                                                                     in accordance with paragraph (a)(3) of                     rate. For purposes of paragraph (a)(1)(i)
                                                                     this section, will exceed the average                      of this section, a creditor shall deter-
                                                                     prime offer rate, as defined in                            mine the annual percentage rate for a
                                                                     § 1026.35(a)(2), for a comparable trans-                   closed- or open-end credit transaction
                                                                     action by more than:                                       based on the following:
                                                                        (A) 6.5 percentage points for a first-                    (i) For a transaction in which the an-
                                                                     lien transaction, other than as de-                        nual percentage rate will not vary dur-
                                                                     scribed in paragraph (a)(1)(i)(B) of this                  ing the term of the loan or credit plan,
                                                                     section;                                                   the interest rate in effect as of the date
                                                                        (B) 8.5 percentage points for a first-                  the interest rate for the transaction is
                                                                     lien transaction if the dwelling is per-                   set;
                                                                     sonal property and the loan amount is                        (ii) For a transaction in which the in-
                                                                     less than $50,000; or                                      terest rate may vary during the term
                                                                        (C) 8.5 percentage points for a subor-                  of the loan or credit plan in accordance
                                                                     dinate-lien transaction; or                                with an index, the interest rate that
                                                                        (ii) The transaction’s total points                     results from adding the maximum mar-
                                                                     and fees, as defined in paragraphs (b)(1)                  gin permitted at any time during the
                                                                     and (2) of this section, will exceed:                      term of the loan or credit plan to the
                                                                        (A) 5 percent of the total loan                         value of the index rate in effect as of
                                                                     amount for a transaction with a loan                       the date the interest rate for the trans-
                                                                     amount of $20,000 or more; the $20,000                     action is set, or the introductory inter-
                                                                     figure shall be adjusted annually on                       est rate, whichever is greater; and
                                                                     January 1 by the annual percentage                           (iii) For a transaction in which the
                                                                     change in the Consumer Price Index                         interest rate may or will vary during
                                                                     that was reported on the preceding                         the term of the loan or credit plan,
                                                                     June 1; or                                                 other than a transaction described in
                                                                        (B) The lesser of 8 percent of the                      paragraph (a)(3)(ii) of this section, the
                                                                     total loan amount or $1,000 for a trans-                   maximum interest rate that may be
                                                                     action with a loan amount of less than                     imposed during the term of the loan or
                                                                     $20,000; the $1,000 and $20,000 figures                    credit plan.
                                                                     shall be adjusted annually on January                        (b) Definitions. For purposes of this
                                                                     1 by the annual percentage change in                       subpart, the following definitions
                                                                     the Consumer Price Index that was re-                      apply:
                                                                     ported on the preceding June 1; or                           (1) In connection with a closed-end
                                                                        (iii) Under the terms of the loan con-                  credit transaction, points and fees
                                                                     tract or open-end credit agreement, the                    means the following fees or charges
                                                                     creditor can charge a prepayment pen-                      that are known at or before consumma-
                                                                     alty, as defined in paragraph (b)(6) of                    tion:
                                                                     this section, more than 36 months after                      (i) All items included in the finance
                                                                     consummation or account opening, or                        charge under § 1026.4(a) and (b), except
                                                                     prepayment penalties that can exceed,                      that the following items are excluded:
                                                                     in total, more than 2 percent of the                         (A) Interest or the time-price dif-
                                                                     amount prepaid.                                            ferential;
                                                                        (2) Exemptions. This section does not                     (B) Any premium or other charge im-
                                                                     apply to the following:                                    posed in connection with any Federal




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                                                                        (i) A reverse mortgage transaction                      or State agency program for any guar-
                                                                     subject to § 1026.33;                                      anty or insurance that protects the

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                                                                     § 1026.32                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     creditor against the consumer’s default                    insured under Title I of the National
                                                                     or other credit loss;                                      Housing Act (12 U.S.C. 1702 et seq.) by
                                                                       (C) For any guaranty or insurance                        more than two percentage points;
                                                                     that protects the creditor against the                        (ii) All compensation paid directly or
                                                                     consumer’s default or other credit loss                    indirectly by a consumer or creditor to
                                                                     and that is not in connection with any                     a loan originator, as defined in
                                                                     Federal or State agency program:                           § 1026.36(a)(1), that can be attributed to
                                                                       (1) If the premium or other charge is                    that transaction at the time the inter-
                                                                     payable after consummation, the en-                        est rate is set unless:
                                                                     tire amount of such premium or other                          (A) That compensation is paid by a
                                                                     charge; or                                                 consumer to a mortgage broker, as de-
                                                                       (2) If the premium or other charge is                    fined in § 1026.36(a)(2), and already has
                                                                     payable at or before consummation,                         been included in points and fees under
                                                                     the portion of any such premium or                         paragraph (b)(1)(i) of this section;
                                                                     other charge that is not in excess of                         (B) That compensation is paid by a
                                                                     the amount payable under policies in                       mortgage       broker,   as   defined    in
                                                                     effect at the time of origination under                    § 1026.36(a)(2), to a loan originator that
                                                                     section 203(c)(2)(A) of the National                       is an employee of the mortgage broker;
                                                                     Housing Act (12 U.S.C. 1709(c)(2)(A)),                        (C) That compensation is paid by a
                                                                     provided that the premium or charge is                     creditor to a loan originator that is an
                                                                     required to be refundable on a pro rata                    employee of the creditor; or
                                                                     basis and the refund is automatically                         (D) That compensation is paid by a
                                                                     issued upon notification of the satisfac-                  retailer of manufactured homes to its
                                                                     tion of the underlying mortgage loan;                      employee.
                                                                       (D) Any bona fide third-party charge                        (iii) All items listed in § 1026.4(c)(7)
                                                                     not retained by the creditor, loan origi-                  (other than amounts held for future
                                                                     nator, or an affiliate of either, unless                   payment of taxes), unless:
                                                                     the charge is required to be included in                      (A) The charge is reasonable;
                                                                     points and fees under paragraph                               (B) The creditor receives no direct or
                                                                     (b)(1)(i)(C), (iii), or (iv) of this section;              indirect compensation in connection
                                                                       (E) Up to two bona fide discount                         with the charge; and
                                                                     points paid by the consumer in connec-                        (C) The charge is not paid to an affil-
                                                                     tion with the transaction, if the inter-                   iate of the creditor;
                                                                     est rate without any discount does not                        (iv) Premiums or other charges pay-
                                                                     exceed:                                                    able at or before consummation for any
                                                                       (1) The average prime offer rate, as                     credit life, credit disability, credit un-
                                                                     defined in § 1026.35(a)(2), by more than                   employment, or credit property insur-
                                                                     one percentage point; or                                   ance, or any other life, accident,
                                                                       (2) For purposes of paragraph                            health, or loss-of-income insurance for
                                                                     (a)(1)(ii) of this section, for trans-                     which the creditor is a beneficiary, or
                                                                     actions that are secured by personal                       any payments directly or indirectly for
                                                                     property, the average rate for a loan                      any debt cancellation or suspension
                                                                     insured under Title I of the National                      agreement or contract;
                                                                     Housing Act (12 U.S.C. 1702 et seq.) by                       (v) The maximum prepayment pen-
                                                                     more than one percentage point; and                        alty, as defined in paragraph (b)(6)(i) of
                                                                       (F) If no discount points have been                      this section, that may be charged or
                                                                     excluded under paragraph (b)(1)(i)(E) of                   collected under the terms of the mort-
                                                                     this section, then up to one bona fide                     gage loan; and
                                                                     discount point paid by the consumer in                        (vi) The total prepayment penalty, as
                                                                     connection with the transaction, if the                    defined in paragraph (b)(6)(i) or (ii) of
                                                                     interest rate without any discount does                    this section, as applicable, incurred by
                                                                     not exceed:                                                the consumer if the consumer refi-
                                                                       (1) The average prime offer rate, as                     nances the existing mortgage loan, or
                                                                     defined in § 1026.35(a)(2), by more than                   terminates an existing open-end credit
                                                                     two percentage points; or                                  plan in connection with obtaining a
                                                                       (2) For purposes of paragraph                            new mortgage loan, with the current
                                                                     (a)(1)(ii) of this section, for trans-                     holder of the existing loan or plan, a




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                                                                     actions that are secured by personal                       servicer acting on behalf of the current
                                                                     property, the average rate for a loan                      holder, or an affiliate of either.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.32

                                                                       (2) In connection with an open-end                          (ii) All compensation paid directly or
                                                                     credit plan, points and fees means the                     indirectly by a consumer or creditor to
                                                                     following fees or charges that are                         a loan originator, as defined in
                                                                     known at or before account opening:                        § 1026.36(a)(1), that can be attributed to
                                                                       (i) All items included in the finance                    that transaction at the time the inter-
                                                                     charge under § 1026.4(a) and (b), except                   est rate is set unless:
                                                                     that the following items are excluded:                        (A) That compensation is paid by a
                                                                       (A) Interest or the time-price dif-                      consumer to a mortgage broker, as de-
                                                                     ferential;                                                 fined in § 1026.36(a)(2), and already has
                                                                       (B) Any premium or other charge im-                      been included in points and fees under
                                                                     posed in connection with any Federal                       paragraph (b)(2)(i) of this section;
                                                                     or State agency program for any guar-                         (B) That compensation is paid by a
                                                                     anty or insurance that protects the                        mortgage       broker,   as   defined    in
                                                                     creditor against the consumer’s default                    § 1026.36(a)(2), to a loan originator that
                                                                     or other credit loss;                                      is an employee of the mortgage broker;
                                                                       (C) For any guaranty or insurance                           (C) That compensation is paid by a
                                                                     that protects the creditor against the                     creditor to a loan originator that is an
                                                                     consumer’s default or other credit loss                    employee of the creditor; or
                                                                     and that is not in connection with any                        (D) That compensation is paid by a
                                                                     Federal or State agency program:                           retailer of manufactured homes to its
                                                                       (1) If the premium or other charge is                    employee.
                                                                     payable after account opening, the en-
                                                                                                                                   (iii) All items listed in § 1026.4(c)(7)
                                                                     tire amount of such premium or other
                                                                                                                                (other than amounts held for future
                                                                     charge; or
                                                                                                                                payment of taxes) unless:
                                                                       (2) If the premium or other charge is
                                                                                                                                   (A) The charge is reasonable;
                                                                     payable at or before account opening,
                                                                     the portion of any such premium or                            (B) The creditor receives no direct or
                                                                     other charge that is not in excess of                      indirect compensation in connection
                                                                     the amount payable under policies in                       with the charge; and
                                                                     effect at the time of account opening                         (C) The charge is not paid to an affil-
                                                                     under section 203(c)(2)(A) of the Na-                      iate of the creditor;
                                                                     tional     Housing       Act     (12    U.S.C.                (iv) Premiums or other charges pay-
                                                                     1709(c)(2)(A)), provided that the pre-                     able at or before account opening for
                                                                     mium or charge is required to be re-                       any credit life, credit disability, credit
                                                                     fundable on a pro rata basis and the re-                   unemployment, or credit property in-
                                                                     fund is automatically issued upon noti-                    surance, or any other life, accident,
                                                                     fication of the satisfaction of the un-                    health, or loss-of-income insurance for
                                                                     derlying mortgage transaction;                             which the creditor is a beneficiary, or
                                                                       (D) Any bona fide third-party charge                     any payments directly or indirectly for
                                                                     not retained by the creditor, loan origi-                  any debt cancellation or suspension
                                                                     nator, or an affiliate of either, unless                   agreement or contract;
                                                                     the charge is required to be included in                      (v) The maximum prepayment pen-
                                                                     points and fees under paragraphs                           alty, as defined in paragraph (b)(6)(ii)
                                                                     (b)(2)(i)(C), (b)(2)(iii) or (b)(2)(iv) of this            of this section, that may be charged or
                                                                     section;                                                   collected under the terms of the open-
                                                                       (E) Up to two bona fide discount                         end credit plan;
                                                                     points payable by the consumer in con-                        (vi) The total prepayment penalty, as
                                                                     nection with the transaction, provided                     defined in paragraph (b)(6)(i) or (ii) of
                                                                     that the conditions specified in para-                     this section, as applicable, incurred by
                                                                     graph (b)(1)(i)(E) of this section are                     the consumer if the consumer refi-
                                                                     met; and                                                   nances an existing closed-end credit
                                                                       (F) Up to one bona fide discount                         transaction with an open-end credit
                                                                     point payable by the consumer in con-                      plan, or terminates an existing open-
                                                                     nection with the transaction, provided                     end credit plan in connection with ob-
                                                                     that no discount points have been ex-                      taining a new open-end credit plan,
                                                                     cluded under paragraph (b)(2)(i)(E) of                     with the current holder of the existing
                                                                     this section and the conditions speci-                     transaction or plan, a servicer acting




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                                                                     fied in paragraph (b)(1)(i)(F) of this sec-                on behalf of the current holder, or an
                                                                     tion are met;                                              affiliate of either;

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                                                                     § 1026.32                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (vii) Any fees charged for participa-                   Company Act of 1956 (12 U.S.C. 1841 et
                                                                     tion in an open-end credit plan, pay-                      seq.).
                                                                     able at or before account opening, as                        (6) Prepayment penalty—(i) Closed-end
                                                                     described in § 1026.4(c)(4); and                           credit transactions. For a closed-end
                                                                        (viii) Any transaction fee, including                   credit transaction, prepayment penalty
                                                                     any minimum fee or per-transaction                         means a charge imposed for paying all
                                                                     fee, that will be charged for a draw on                    or part of the transaction’s principal
                                                                     the credit line, where the creditor must                   before the date on which the principal
                                                                     assume that the consumer will make at                      is due, other than a waived, bona fide
                                                                     least one draw during the term of the                      third-party charge that the creditor
                                                                     plan.                                                      imposes if the consumer prepays all of
                                                                        (3) Bona fide discount point—(i) Closed-                the transaction’s principal sooner than
                                                                     end credit. The term bona fide discount                    36 months after consummation, pro-
                                                                     point means an amount equal to 1 per-                      vided, however, that interest charged
                                                                     cent of the loan amount paid by the                        consistent with the monthly interest
                                                                     consumer that reduces the interest                         accrual amortization method is not a
                                                                     rate or time-price differential applica-                   prepayment penalty for extensions of
                                                                     ble to the transaction based on a cal-                     credit insured by the Federal Housing
                                                                     culation that is consistent with estab-                    Administration that are consummated
                                                                     lished industry practices for deter-                       before January 21, 2015.
                                                                     mining the amount of reduction in the                        (ii) Open-end credit. For an open-end
                                                                     interest rate or time-price differential                   credit plan, prepayment penalty means a
                                                                     appropriate for the amount of discount                     charge imposed by the creditor if the
                                                                     points paid by the consumer.                               consumer terminates the open-end
                                                                        (ii) Open-end credit. The term bona                     credit plan prior to the end of its term,
                                                                     fide discount point means an amount                        other than a waived, bona fide third-
                                                                     equal to 1 percent of the credit limit                     party charge that the creditor imposes
                                                                     for the plan when the account is                           if the consumer terminates the open-
                                                                     opened, paid by the consumer, and that                     end credit plan sooner than 36 months
                                                                     reduces the interest rate or time-price                    after account opening.
                                                                     differential applicable to the trans-                        (c) Disclosures. In addition to other
                                                                     action based on a calculation that is                      disclosures required by this part, in a
                                                                     consistent with established industry                       mortgage subject to this section, the
                                                                     practices for determining the amount                       creditor shall disclose the following in
                                                                     of reduction in the interest rate or                       conspicuous type size:
                                                                     time-price differential appropriate for                      (1) Notices. The following statement:
                                                                     the amount of discount points paid by                      ‘‘You are not required to complete this
                                                                     the consumer. See comment 32(b)(3)(i)-                     agreement merely because you have re-
                                                                     1 for additional guidance in deter-                        ceived these disclosures or have signed
                                                                     mining whether a discount point is                         a loan application. If you obtain this
                                                                     bona fide.                                                 loan, the lender will have a mortgage
                                                                        (4) Total loan amount—(i) Closed-end                    on your home. You could lose your
                                                                     credit. The total loan amount for a                        home, and any money you have put
                                                                     closed-end credit transaction is cal-                      into it, if you do not meet your obliga-
                                                                     culated by taking the amount financed,                     tions under the loan.’’
                                                                     as determined according to § 1026.18(b),                     (2) Annual percentage rate. The annual
                                                                     and deducting any cost listed in                           percentage rate.
                                                                     § 1026.32(b)(1)(iii), (iv), or (vi) that is                  (3) Regular payment; minimum periodic
                                                                     both included as points and fees under                     payment example; balloon payment. (i)
                                                                     § 1026.32(b)(1) and financed by the cred-                  For a closed-end credit transaction, the
                                                                     itor.                                                      amount of the regular monthly (or
                                                                        (ii) Open-end credit. The total loan                    other periodic) payment and the
                                                                     amount for an open-end credit plan is                      amount of any balloon payment pro-
                                                                     the credit limit for the plan when the                     vided in the credit contract, if per-
                                                                     account is opened.                                         mitted under paragraph (d)(1) of this
                                                                        (5) Affiliate means any company that                    section. The regular payment disclosed
                                                                     controls, is controlled by, or is under                    under this paragraph shall be treated




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                                                                     common control with another com-                           as accurate if it is based on an amount
                                                                     pany, as set forth in the Bank Holding                     borrowed that is deemed accurate and

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.32

                                                                     is disclosed under paragraph (c)(5) of                     periodic payment, or a substantially
                                                                     this section.                                              similar statement.
                                                                       (ii) For an open-end credit plan:                          (4) Variable-rate. For variable-rate
                                                                       (A) An example showing the first                         transactions, a statement that the in-
                                                                     minimum periodic payment for the                           terest rate and monthly payment may
                                                                     draw period, the first minimum peri-                       increase, and the amount of the single
                                                                     odic payment for any repayment pe-                         maximum monthly payment, based on
                                                                     riod, and the balance outstanding at                       the maximum interest rate required to
                                                                     the beginning of any repayment period.                     be included in the contract by § 1026.30.
                                                                     The example must be based on the fol-                        (5) Amount borrowed; credit limit. (i)
                                                                     lowing assumptions:                                        For a closed-end credit transaction, the
                                                                       (1) The consumer borrows the full                        total amount the consumer will bor-
                                                                     credit line, as disclosed in paragraph                     row, as reflected by the face amount of
                                                                     (c)(5) of this section, at account open-                   the note. Where the amount borrowed
                                                                     ing and does not obtain any additional                     includes financed charges that are not
                                                                     extensions of credit;                                      prohibited under § 1026.34(a)(10), that
                                                                                                                                fact shall be stated, grouped together
                                                                       (2) The consumer makes only min-
                                                                                                                                with the disclosure of the amount bor-
                                                                     imum periodic payments during the
                                                                                                                                rowed. The disclosure of the amount
                                                                     draw period and any repayment period;
                                                                                                                                borrowed shall be treated as accurate if
                                                                     and
                                                                                                                                it is not more than $100 above or below
                                                                       (3) The annual percentage rate used                      the amount required to be disclosed.
                                                                     to calculate the example payments re-                        (ii) For an open-end credit plan, the
                                                                     mains the same during the draw period                      credit limit for the plan when the ac-
                                                                     and any repayment period. The cred-                        count is opened.
                                                                     itor must provide the minimum peri-                          (d) Limitations. A high-cost mortgage
                                                                     odic payment example based on the an-                      shall not include the following terms:
                                                                     nual percentage rate for the plan, as                        (1)(i) Balloon payment. Except as pro-
                                                                     described in paragraph (c)(2) of this                      vided by paragraphs (d)(1)(ii) and (iii)
                                                                     section, except that if an introductory                    of this section, a payment schedule
                                                                     annual percentage rate applies, the                        with a payment that is more than two
                                                                     creditor must use the rate that will                       times a regular periodic payment.
                                                                     apply to the plan after the introduc-                        (ii) Exceptions. The limitations in
                                                                     tory rate expires.                                         paragraph (d)(1)(i) of this section do
                                                                       (B) If the credit contract provides for                  not apply to:
                                                                     a balloon payment under the plan as                          (A) A mortgage transaction with a
                                                                     permitted under paragraph (d)(1) of                        payment schedule that is adjusted to
                                                                     this section, a disclosure of that fact                    the seasonal or irregular income of the
                                                                     and an example showing the amount of                       consumer;
                                                                     the balloon payment based on the as-                         (B) A loan with maturity of 12
                                                                     sumptions described in paragraph                           months or less, if the purpose of the
                                                                     (c)(3)(ii)(A) of this section.                             loan is a ‘‘bridge’’ loan connected with
                                                                       (C) A statement that the example                         the acquisition or construction of a
                                                                     payments show the first minimum                            dwelling intended to become the con-
                                                                     periodic payments at the current an-                       sumer’s principal dwelling; or
                                                                     nual percentage rate if the consumer                         (C) A loan that meets the criteria set
                                                                     borrows the maximum credit available                       forth in §§ 1026.43(f)(1)(i) through (vi)
                                                                     when the account is opened and does                        and 1026.43(f)(2), or the conditions set
                                                                     not obtain any additional extensions of                    forth in § 1026.43(e)(6).
                                                                     credit, or a substantially similar state-                    (iii) Open-end credit plans. If the
                                                                     ment.                                                      terms of an open-end credit plan pro-
                                                                       (D) A statement that the example                         vide for a repayment period during
                                                                     payments are not the consumer’s ac-                        which no further draws may be taken,
                                                                     tual payments and that the actual                          the limitations in paragraph (d)(1)(i) of
                                                                     minimum periodic payments will de-                         this section do not apply to any adjust-
                                                                     pend on the amount the consumer bor-                       ment in the regular periodic payment
                                                                     rows, the interest rate applicable to                      that results solely from the credit




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                                                                     that period, and whether the consumer                      plan’s transition from the draw period
                                                                     pays more than the required minimum                        to the repayment period. If the terms

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                                                                     § 1026.33                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     of an open-end credit plan do not pro-                       (1) A mortgage, deed of trust, or
                                                                     vide for any repayment period, the lim-                    equivalent consensual security interest
                                                                     itations in paragraph (d)(1)(i) of this                    securing one or more advances is cre-
                                                                     section apply to all periods of the cred-                  ated in the consumer’s principal dwell-
                                                                     it plan.                                                   ing; and
                                                                       (2) Negative amortization. A payment                       (2) Any principal, interest, or shared
                                                                     schedule with regular periodic pay-                        appreciation or equity is due and pay-
                                                                     ments that cause the principal balance                     able (other than in the case of default)
                                                                     to increase.                                               only after:
                                                                       (3) Advance payments. A payment                            (i) The consumer dies;
                                                                     schedule that consolidates more than                         (ii) The dwelling is transferred; or
                                                                     two periodic payments and pays them                          (iii) The consumer ceases to occupy
                                                                     in advance from the proceeds.                              the dwelling as a principal dwelling.
                                                                       (4) Increased interest rate. An increase                   (b) Content of disclosures. In addition
                                                                     in the interest rate after default.                        to other disclosures required by this
                                                                       (5) Rebates. A refund calculated by a                    part, in a reverse mortgage transaction
                                                                     method less favorable than the actu-                       the creditor shall provide the following
                                                                     arial method (as defined by section                        disclosures in a form substantially
                                                                     933(d) of the Housing and Community                        similar to the model form found in
                                                                     Development Act of 1992, 15 U.S.C.                         paragraph (d) of appendix K of this
                                                                     1615(d)), for rebates of interest arising                  part:
                                                                     from a loan acceleration due to de-                          (1) Notice. A statement that the con-
                                                                     fault.                                                     sumer is not obligated to complete the
                                                                       (6) Prepayment penalties. A prepay-                      reverse mortgage transaction merely
                                                                     ment penalty, as defined in paragraph                      because the consumer has received the
                                                                     (b)(6) of this section.                                    disclosures required by this section or
                                                                       (7) [Reserved]                                           has signed an application for a reverse
                                                                       (8) Acceleration of debt. A demand fea-                  mortgage loan.
                                                                     ture that permits the creditor to accel-                     (2) Total annual loan cost rates. A
                                                                     erate the indebtedness by terminating                      good-faith projection of the total cost
                                                                     the high-cost mortgage in advance of                       of the credit, determined in accordance
                                                                     the original maturity date and to de-                      with paragraph (c) of this section and
                                                                     mand repayment of the entire out-                          expressed as a table of ‘‘total annual
                                                                     standing balance, except in the fol-                       loan cost rates,’’ using that term, in
                                                                     lowing circumstances:                                      accordance with appendix K of this
                                                                       (i) There is fraud or material mis-                      part.
                                                                     representation by the consumer in con-                       (3) Itemization of pertinent information.
                                                                     nection with the loan or open-end cred-                    An itemization of loan terms, charges,
                                                                     it agreement;                                              the age of the youngest borrower and
                                                                       (ii) The consumer fails to meet the                      the appraised property value.
                                                                     repayment terms of the agreement for                         (4) Explanation of table. An expla-
                                                                     any outstanding balance that results in                    nation of the table of total annual loan
                                                                     a default in payment under the loan; or                    cost rates as provided in the model
                                                                       (iii) There is any action or inaction                    form found in paragraph (d) of appendix
                                                                     by the consumer that adversely affects                     K of this part.
                                                                     the creditor’s security for the loan, or                     (c) Projected total cost of credit. The
                                                                     any right of the creditor in such secu-                    projected total cost of credit shall re-
                                                                     rity.                                                      flect the following factors, as applica-
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 78              ble:
                                                                     FR 6583, Jan. 30, 2013; 78 FR 6962, Jan. 31,                 (1) Costs to consumer. All costs and
                                                                     2013; 78 FR 35502, June 12, 2013; 78 FR 60440,             charges to the consumer, including the
                                                                     Oct. 1, 2013]                                              costs of any annuity the consumer pur-
                                                                                                                                chases as part of the reverse mortgage
                                                                     § 1026.33 Requirements for reverse                         transaction.
                                                                          mortgages.                                              (2) Payments to consumer. All ad-
                                                                        (a) Definition. For purposes of this                    vances to and for the benefit of the
                                                                     subpart, reverse mortgage transaction                      consumer, including annuity payments




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                                                                     means a nonrecourse consumer credit                        that the consumer will receive from an
                                                                     obligation in which:                                       annuity that the consumer purchases

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.34

                                                                     as part of the reverse mortgage trans-                        (2) Notice to assignee. A creditor may
                                                                     action.                                                    not sell or otherwise assign a high-cost
                                                                       (3) Additional creditor compensation.                    mortgage without furnishing the fol-
                                                                     Any shared appreciation or equity in                       lowing statement to the purchaser or
                                                                     the dwelling that the creditor is enti-                    assignee: ‘‘Notice: This is a mortgage
                                                                     tled by contract to receive.                               subject to special rules under the Fed-
                                                                       (4) Limitations on consumer liability.                   eral Truth in Lending Act. Purchasers
                                                                     Any limitation on the consumer’s li-                       or assignees of this mortgage could be
                                                                     ability (such as nonrecourse limits and                    liable for all claims and defenses with
                                                                     equity conservation agreements).                           respect to the mortgage that the con-
                                                                       (5) Assumed annual appreciation rates.                   sumer could assert against the cred-
                                                                     Each of the following assumed annual                       itor.’’
                                                                     appreciation rates for the dwelling:                          (3) Refinancings within one-year pe-
                                                                       (i) 0 percent.                                           riod. Within one year of having ex-
                                                                       (ii) 4 percent.                                          tended a high-cost mortgage, a creditor
                                                                                                                                shall not refinance any high-cost mort-
                                                                       (iii) 8 percent.
                                                                                                                                gage to the same consumer into an-
                                                                       (6) Assumed loan period. (i) Each of
                                                                                                                                other high-cost mortgage, unless the
                                                                     the following assumed loan periods, as
                                                                                                                                refinancing is in the consumer’s inter-
                                                                     provided in appendix L of this part:
                                                                                                                                est. An assignee holding or servicing a
                                                                       (A) Two years.                                           high-cost mortgage shall not, for the
                                                                       (B) The actuarial life expectancy of                     remainder of the one-year period fol-
                                                                     the consumer to become obligated on                        lowing the date of origination of the
                                                                     the reverse mortgage transaction (as of                    credit, refinance any high-cost mort-
                                                                     that consumer’s most recent birthday).                     gage to the same consumer into an-
                                                                     In the case of multiple consumers, the                     other high-cost mortgage, unless the
                                                                     period shall be the actuarial life ex-                     refinancing is in the consumer’s inter-
                                                                     pectancy of the youngest consumer (as                      est. A creditor (or assignee) is prohib-
                                                                     of that consumer’s most recent birth-                      ited from engaging in acts or practices
                                                                     day).                                                      to evade this provision, including a
                                                                       (C) The actuarial life expectancy                        pattern or practice of arranging for the
                                                                     specified by paragraph (c)(6)(i)(B) of                     refinancing of its own loans by affili-
                                                                     this section, multiplied by a factor of                    ated or unaffiliated creditors.
                                                                     1.4 and rounded to the nearest full                           (4) Repayment ability for high-cost
                                                                     year.                                                      mortgages. In connection with an open-
                                                                       (ii) At the creditor’s option, the actu-                 end, high-cost mortgage, a creditor
                                                                     arial life expectancy specified by para-                   shall not open a plan for a consumer
                                                                     graph (c)(6)(i)(B) of this section, multi-                 where credit is or will be extended
                                                                     plied by a factor of .5 and rounded to                     without regard to the consumer’s re-
                                                                     the nearest full year.                                     payment ability as of account opening,
                                                                                                                                including the consumer’s current and
                                                                     § 1026.34 Prohibited acts or practices                     reasonably expected income, employ-
                                                                         in connection with high-cost mort-                     ment, assets other than the collateral,
                                                                         gages.
                                                                                                                                and current obligations including any
                                                                       (a) Prohibited acts or practices for high-               mortgage-related obligations that are
                                                                     cost mortgages—(1) Home improvement                        required by another credit obligation
                                                                     contracts. A creditor shall not pay a                      undertaken prior to or at account
                                                                     contractor under a home improvement                        opening, and are secured by the same
                                                                     contract from the proceeds of a high-                      dwelling that secures the high-cost
                                                                     cost mortgage, other than:                                 mortgage transaction. The require-
                                                                       (i) By an instrument payable to the                      ments set forth in § 1026.34(a)(4)(i)
                                                                     consumer or jointly to the consumer                        through (iv) apply to open-end high-
                                                                     and the contractor; or                                     cost mortgages, but do not apply to
                                                                       (ii) At the election of the consumer,                    closed-end high-cost mortgages. In con-
                                                                     through a third-party escrow agent in                      nection with a closed-end, high-cost
                                                                     accordance with terms established in a                     mortgage, a creditor must comply with
                                                                     written agreement signed by the con-                       the repayment ability requirements set




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                                                                     sumer, the creditor, and the contractor                    forth in § 1026.43. Temporary or
                                                                     prior to the disbursement.                                 ‘‘bridge’’ loans with terms of twelve

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                                                                     § 1026.34                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     months or less, such as a loan to pur-                        (2) The consumer makes only re-
                                                                     chase a new dwelling where the con-                        quired minimum periodic payments
                                                                     sumer plans to sell a current dwelling                     during the draw period and any repay-
                                                                     within twelve months, are exempt from                      ment period;
                                                                     this repayment ability requirement.                           (3) If the annual percentage rate may
                                                                       (i) Mortgage-related obligations. For                    increase during the plan, the maximum
                                                                     purposes of this paragraph (a)(4), mort-                   annual percentage rate that is included
                                                                     gage-related obligations are property                      in the contract, as required by § 1026.30,
                                                                     taxes; premiums and similar charges                        applies to the plan at account opening
                                                                     identified in § 1026.4(b)(5), (7), (8), and                and will apply during the draw period
                                                                     (10) that are required by the creditor;                    and any repayment period.
                                                                     fees and special assessments imposed                          (C) Assesses the consumer’s repay-
                                                                     by a condominium, cooperative, or                          ment ability taking into account at
                                                                     homeowners association; ground rent;                       least one of the following: The ratio of
                                                                     and leasehold payments.                                    total current obligations, including
                                                                       (ii) Basis for determination of repay-                   any mortgage-related obligations that
                                                                     ment ability. Under this paragraph (a)(4)                  are required by another credit obliga-
                                                                     a creditor must determine the con-                         tion undertaken prior to or at account
                                                                     sumer’s repayment ability in connec-                       opening, and are secured by the same
                                                                     tion with an open-end, high cost mort-                     dwelling that secures the high-cost
                                                                     gage as follows:                                           mortgage transaction, to income, or
                                                                                                                                the income the consumer will have
                                                                       (A) A creditor must verify amounts
                                                                                                                                after paying current obligations.
                                                                     of income or assets that it relies on to
                                                                                                                                   (iv) Exclusions from presumption of
                                                                     determine repayment ability, including
                                                                                                                                compliance. Notwithstanding the pre-
                                                                     expected income or assets, by the con-
                                                                                                                                vious paragraph, no presumption of
                                                                     sumer’s Internal Revenue Service
                                                                                                                                compliance is available for an open-
                                                                     Form W–2, tax returns, payroll re-
                                                                                                                                end, high-cost mortgage transaction
                                                                     ceipts, financial institution records, or
                                                                                                                                for which the regular periodic pay-
                                                                     other third-party documents that pro-
                                                                                                                                ments when aggregated do not fully
                                                                     vide reasonably reliable evidence of the
                                                                                                                                amortize the outstanding principal bal-
                                                                     consumer’s income or assets.
                                                                                                                                ance except as otherwise provided by
                                                                       (B) A creditor must verify the con-                      § 1026.32(d)(1)(ii).
                                                                     sumer’s current obligations, including                        (5) Pre-loan counseling—(i) Certifi-
                                                                     any mortgage-related obligations that                      cation of counseling required. A creditor
                                                                     are required by another credit obliga-                     shall not extend a high-cost mortgage
                                                                     tion undertaken prior to or at account                     to a consumer unless the creditor re-
                                                                     opening, and are secured by the same                       ceives written certification that the
                                                                     dwelling that secures the high-cost                        consumer has obtained counseling on
                                                                     mortgage transaction.                                      the advisability of the mortgage from a
                                                                       (iii) Presumption of compliance. For an                  counselor that is approved to provide
                                                                     open-end, high cost mortgage, a cred-                      such counseling by the Secretary of the
                                                                     itor is presumed to have complied with                     U.S. Department of Housing and Urban
                                                                     this paragraph (a)(4) with respect to a                    Development or, if permitted by the
                                                                     transaction if the creditor:                               Secretary, by a State housing finance
                                                                       (A) Determines the consumer’s re-                        authority.
                                                                     payment ability as provided in para-                          (ii) Timing of counseling. The coun-
                                                                     graph (a)(4)(ii);                                          seling required under this paragraph
                                                                       (B) Determines the consumer’s repay-                     (a)(5) must occur after:
                                                                     ment ability taking into account cur-                         (A) The consumer receives either the
                                                                     rent obligations and mortgage-related                      disclosure required by section 5(c) of
                                                                     obligations as defined in paragraph                        the Real Estate Settlement Procedures
                                                                     (a)(4)(i) of this section, and using the                   Act of 1974 (12 U.S.C. 2604(c)) or the dis-
                                                                     largest required minimum periodic                          closures required by § 1026.40; or
                                                                     payment based on the following as-                            (B) The consumer receives the disclo-
                                                                     sumptions:                                                 sures required by § 1026.32(c), for trans-
                                                                       (1) The consumer borrows the full                        actions in which neither of the disclo-




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                                                                     credit line at account opening with no                     sures listed in paragraph (a)(5)(ii)(A) of
                                                                     additional extensions of credit;                           this section are provided.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.34

                                                                       (iii) Affiliation prohibited. The coun-                  selor or counseling organization for the
                                                                     seling required under this paragraph                       counseling required under this para-
                                                                     (a)(5) shall not be provided by a coun-                    graph (a)(5).
                                                                     selor who is employed by or affiliated                       (6) Recommended default. A creditor or
                                                                     with the creditor.                                         mortgage broker, as defined in section
                                                                       (iv) Content of certification. The cer-                  1026.36(a)(2), may not recommend or en-
                                                                     tification of counseling required under                    courage default on an existing loan or
                                                                     paragraph (a)(5)(i) must include:                          other debt prior to and in connection
                                                                       (A) The name(s) of the consumer(s)                       with the consummation or account
                                                                     who obtained counseling;                                   opening of a high-cost mortgage that
                                                                       (B) The date(s) of counseling;                           refinances all or any portion of such
                                                                       (C) The name and address of the                          existing loan or debt.
                                                                     counselor;                                                   (7) Modification and deferral fees. A
                                                                       (D) A statement that the consumer(s)                     creditor,     successor-in-interest,   as-
                                                                     received counseling on the advisability                    signee, or any agent of such parties
                                                                     of the high-cost mortgage based on the                     may not charge a consumer any fee to
                                                                     terms provided in either the disclosure                    modify, renew, extend or amend a high-
                                                                     required by section 5(c) of the Real Es-                   cost mortgage, or to defer any payment
                                                                     tate Settlement Procedures Act of 1974                     due under the terms of such mortgage.
                                                                     (12 U.S.C. 2604(c)) or the disclosures re-                   (8) Late fees—(i) General. Any late
                                                                     quired by § 1026.40.                                       payment charge imposed in connection
                                                                       (E) For transactions for which nei-                      with a high-cost mortgage must be spe-
                                                                     ther of the disclosures listed in para-                    cifically permitted by the terms of the
                                                                     graph (a)(5)(ii)(A) of this section are                    loan contract or open-end credit agree-
                                                                     provided, a statement that the con-                        ment and may not exceed 4 percent of
                                                                     sumer(s) received counseling on the ad-                    the amount of the payment past due.
                                                                     visability of the high-cost mortgage                       No such charge may be imposed more
                                                                     based on the terms provided in the dis-                    than once for a single late payment.
                                                                     closures required by § 1026.32(c); and                       (ii) Timing. A late payment charge
                                                                       (F) A statement that the counselor                       may be imposed in connection with a
                                                                     has verified that the consumer(s) re-                      high-cost mortgage only if the pay-
                                                                     ceived the disclosures required by ei-                     ment is not received by the end of the
                                                                     ther § 1026.32(c) or the Real Estate Set-                  15-day period beginning on the date the
                                                                     tlement Procedures Act of 1974 (12                         payment is due or, in the case of a
                                                                     U.S.C. 2601 et seq.) with respect to the                   high-cost mortgage on which interest
                                                                     transaction.                                               on each installment is paid in advance,
                                                                       (v) Counseling fees. A creditor may                      the end of the 30-day period beginning
                                                                     pay the fees of a counselor or coun-                       on the date the payment is due.
                                                                     seling organization for providing coun-                      (iii) Multiple late charges assessed on
                                                                     seling required under this paragraph                       payment subsequently paid. A late pay-
                                                                     (a)(5) but may not condition the pay-                      ment charge may not be imposed in
                                                                     ment of such fees on the consummation                      connection with a high-cost mortgage
                                                                     or account-opening of a mortgage                           payment if any delinquency is attrib-
                                                                     transaction. If the consumer withdraws                     utable only to a late payment charge
                                                                     the application that would result in                       imposed on an earlier payment, and the
                                                                     the extension of a high-cost mortgage,                     payment otherwise is a full payment
                                                                     a creditor may not condition the pay-                      for the applicable period and is paid by
                                                                     ment of such fees on the receipt of cer-                   the due date or within any applicable
                                                                     tification from the counselor required                     grace period.
                                                                     by paragraph (a)(5)(i) of this section. A                    (iv) Failure to make required payment.
                                                                     creditor may, however, confirm that a                      The terms of a high-cost mortgage
                                                                     counselor has provided counseling to                       agreement may provide that any pay-
                                                                     the consumer pursuant to this para-                        ment shall first be applied to any past
                                                                     graph (a)(5) prior to paying the fee of a                  due balance. If the consumer fails to
                                                                     counselor or counseling organization.                      make a timely payment by the due
                                                                       (vi) Steering prohibited. A creditor                     date and subsequently resumes making
                                                                     that extends a high-cost mortgage                          payments but has not paid all past due




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                                                                     shall not steer or otherwise direct a                      payments, the creditor may impose a
                                                                     consumer to choose a particular coun-                      separate late payment charge for any

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                                                                     § 1026.35                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     payment(s) outstanding (without de-                        the consumer to obtain such informa-
                                                                     duction due to late fees or related fees)                  tion, in a subsequent calendar year are
                                                                     until the default is cured.                                subject to the requirements of this sec-
                                                                       (9) Payoff statements—(i) Fee prohibi-                   tion.
                                                                     tion. In general, a creditor or servicer                      (v) Timing of delivery of payoff state-
                                                                     (as defined in 12 CFR 1024.2(b)) may not                   ments. A payoff statement, as described
                                                                     charge a fee for providing to a con-                       in paragraph (a)(9)(i) of this section, for
                                                                     sumer, or a person authorized by the                       a high-cost mortgage shall be provided
                                                                     consumer to obtain such information, a                     by a creditor or servicer within five
                                                                     statement of the amount due to pay off                     business days after receiving a request
                                                                     the outstanding balance of a high-cost                     for such statement by a consumer or a
                                                                     mortgage.                                                  person authorized by the consumer to
                                                                       (ii) Processing fee. A creditor or                       obtain such statement.
                                                                     servicer may charge a processing fee to                       (10) Financing of points and fees. A
                                                                     cover the cost of providing a payoff                       creditor that extends credit under a
                                                                     statement, as described in paragraph                       high-cost mortgage may not finance
                                                                     (a)(9)(i) of this section, by fax or cou-                  charges that are required to be in-
                                                                     rier, provided that such fee may not ex-                   cluded in the calculation of points and
                                                                     ceed an amount that is comparable to                       fees, as that term is defined in
                                                                     fees imposed for similar services pro-                     § 1026.32(b)(1) and (2). Credit insurance
                                                                     vided in connection with consumer                          premiums or debt cancellation or sus-
                                                                     credit transactions that are secured by                    pension fees that are required to be in-
                                                                     the consumer’s principal dwelling and                      cluded in points and fees under
                                                                     are not high-cost mortgages. A creditor                    § 1026.32(b)(1)(iv) or (2)(iv) shall not be
                                                                     or servicer shall make a payoff state-                     considered financed by the creditor
                                                                     ment available to a consumer, or a per-                    when they are calculated and paid in
                                                                     son authorized by the consumer to ob-                      full on a monthly basis.
                                                                     tain such information, by a method                            (b) Prohibited acts or practices for
                                                                     other than by fax or courier and with-                     dwelling-secured loans; structuring loans
                                                                     out charge pursuant to paragraph                           to evade high-cost mortgage requirements.
                                                                     (a)(9)(i) of this section.                                 A creditor shall not structure any
                                                                       (iii) Processing fee disclosure. Prior to                transaction that is otherwise a high-
                                                                     charging a processing fee for provision                    cost mortgage in a form, for the pur-
                                                                     of a payoff statement by fax or courier,                   pose, and with the intent to evade the
                                                                     as permitted pursuant to paragraph                         requirements of a high-cost mortgage
                                                                     (a)(9)(ii) of this section, a creditor or                  subject to this subpart, including by di-
                                                                     servicer shall disclose to a consumer or                   viding any loan transaction into sepa-
                                                                     a person authorized by the consumer to                     rate parts.
                                                                     obtain the consumer’s payoff state-
                                                                     ment that payoff statements, as de-                        [78 FR 6964, Jan. 31, 2013, as amended at 78
                                                                     scribed in paragraph (a)(9)(i) of this                     FR 30745, May 23, 2013; 78 FR 63005, Oct. 23,
                                                                     section, are available by a method                         2013]
                                                                     other than by fax or courier without
                                                                                                                                § 1026.35 Requirements for               higher-
                                                                     charge.                                                        priced mortgage loans.
                                                                       (iv) Fees permitted after multiple re-
                                                                     quests. A creditor or servicer that has                      (a) Definitions. For purposes of this
                                                                     provided a payoff statement, as de-                        section:
                                                                     scribed in paragraph (a)(9)(i) of this                       (1) ‘‘Higher-priced mortgage loan’’
                                                                     section, to a consumer, or a person au-                    means a closed-end consumer credit
                                                                     thorized by the consumer to obtain                         transaction secured by the consumer’s
                                                                     such information, without charge,                          principal dwelling with an annual per-
                                                                     other than the processing fee permitted                    centage rate that exceeds the average
                                                                     under paragraph (a)(9)(ii) of this sec-                    prime offer rate for a comparable
                                                                     tion, four times during a calendar year,                   transaction as of the date the interest
                                                                     may thereafter charge a reasonable fee                     rate is set:
                                                                     for providing such statements during                         (i) By 1.5 or more percentage points
                                                                     the remainder of the calendar year.                        for loans secured by a first lien with a




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                                                                     Fees for payoff statements provided to                     principal obligation at consummation
                                                                     a consumer, or a person authorized by                      that does not exceed the limit in effect

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.35

                                                                     as of the date the transaction’s inter-                       (i) An escrow account need not be es-
                                                                     est rate is set for the maximum prin-                      tablished for:
                                                                     cipal obligation eligible for purchase                        (A) A transaction secured by shares
                                                                     by Freddie Mac;                                            in a cooperative;
                                                                       (ii) By 2.5 or more percentage points                       (B) A transaction to finance the ini-
                                                                     for loans secured by a first lien with a                   tial construction of a dwelling;
                                                                     principal obligation at consummation                          (C) A temporary or ‘‘bridge’’ loan
                                                                     that exceeds the limit in effect as of                     with a loan term of twelve months or
                                                                     the date the transaction’s interest rate                   less, such as a loan to purchase a new
                                                                     is set for the maximum principal obli-                     dwelling where the consumer plans to
                                                                     gation eligible for purchase by Freddie                    sell a current dwelling within twelve
                                                                     Mac; or                                                    months; or
                                                                       (iii) By 3.5 or more percentage points                      (D) A reverse mortgage transaction
                                                                     for loans secured by a subordinate lien.                   subject to § 1026.33.
                                                                       (2) ‘‘Average prime offer rate’’ means                      (ii) Insurance premiums described in
                                                                     an annual percentage rate that is de-                      paragraph (b)(1) of this section need
                                                                     rived from average interest rates,                         not be included in escrow accounts for
                                                                     points, and other loan pricing terms                       loans secured by dwellings in con-
                                                                     currently offered to consumers by a                        dominiums, planned unit develop-
                                                                     representative sample of creditors for                     ments, or other common interest com-
                                                                                                                                munities in which dwelling ownership
                                                                     mortgage transactions that have low-
                                                                                                                                requires participation in a governing
                                                                     risk pricing characteristics. The Bu-
                                                                                                                                association, where the governing asso-
                                                                     reau publishes average prime offer
                                                                                                                                ciation has an obligation to the dwell-
                                                                     rates for a broad range of types of
                                                                                                                                ing owners to maintain a master policy
                                                                     transactions in a table updated at least
                                                                                                                                insuring all dwellings.
                                                                     weekly as well as the methodology the
                                                                                                                                   (iii) Except as provided in paragraph
                                                                     Bureau uses to derive these rates.
                                                                                                                                (b)(2)(v) of this section, an escrow ac-
                                                                       (3) ‘‘Insured credit union’’ has the                     count need not be established for a
                                                                     meaning given in Section 101 of the                        transaction if, at the time of con-
                                                                     Federal Credit Union Act (12 U.S.C.                        summation:
                                                                     1752).                                                        (A) During the preceding calendar
                                                                       (4) ‘‘Insured depository institution’’                   year, or, if the application for the
                                                                     has the meaning given in Section 3 of                      transaction was received before April 1
                                                                     the Federal Deposit Insurance Act (12                      of the current calendar year, during ei-
                                                                     U.S.C. 1813).                                              ther of the two preceding calendar
                                                                       (b) Escrow accounts—(1) Requirement                      years, the creditor extended a covered
                                                                     to escrow for property taxes and insur-                    transaction, as defined by § 1026.43(b)(1),
                                                                     ance. Except as provided in paragraph                      secured by a first lien on a property
                                                                     (b)(2) of this section, a creditor may                     that is located in an area that is either
                                                                     not extend a higher-priced mortgage                        ‘‘rural’’ or ‘‘underserved,’’ as set forth
                                                                     loan secured by a first lien on a con-                     in paragraph (b)(2)(iv) of this section;
                                                                     sumer’s principal dwelling unless an es-                      (B) During the preceding calendar
                                                                     crow account is established before con-                    year, or, if the application for the
                                                                     summation for payment of property                          transaction was received before April 1
                                                                     taxes and premiums for mortgage-re-                        of the current calendar year, during ei-
                                                                     lated insurance required by the cred-                      ther of the two preceding calendar
                                                                     itor, such as insurance against loss of                    years, the creditor and its affiliates to-
                                                                     or damage to property, or against li-                      gether extended no more than 2,000
                                                                     ability arising out of the ownership or                    covered transactions, as defined by
                                                                     use of the property, or insurance pro-                     § 1026.43(b)(1), secured by first liens,
                                                                     tecting the creditor against the con-                      that were sold, assigned, or otherwise
                                                                     sumer’s default or other credit loss.                      transferred to another person, or that
                                                                     For purposes of this paragraph (b), the                    were subject at the time of consumma-
                                                                     term ‘‘escrow account’’ has the same                       tion to a commitment to be acquired
                                                                     meaning as under Regulation X (12                          by another person;
                                                                     CFR 1024.17(b)), as amended.                                  (C) As of the preceding December




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                                                                       (2) Exemptions. Notwithstanding para-                    31st, or, if the application for the
                                                                     graph (b)(1) of this section:                              transaction was received before April 1

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                                                                     § 1026.35                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     of the current calendar year, as of ei-                    creditors extended covered trans-
                                                                     ther of the two preceding December                         actions, as defined in § 1026.43(b)(1), se-
                                                                     31sts, the creditor and its affiliates                     cured by first liens on properties in the
                                                                     that regularly extended covered trans-                     county five or more times.
                                                                     actions, as defined by § 1026.43(b)(1), se-                   (C) A property shall be deemed to be
                                                                     cured by first liens, together, had total                  in an area that is rural or underserved
                                                                     assets of less than $2,000,000,000; this                   in a particular calendar year if the
                                                                     asset threshold shall adjust automati-                     property is:
                                                                     cally each year, based on the year-to-                        (1) Located in a county that appears
                                                                     year change in the average of the Con-                     on the lists published by the Bureau of
                                                                     sumer Price Index for Urban Wage                           counties that are rural or underserved,
                                                                     Earners and Clerical Workers, not sea-                     as defined by § 1026.35(b)(2)(iv)(A)(1) or
                                                                     sonally adjusted, for each 12-month pe-                    § 1026.35(b)(2)(iv)(B), for that calendar
                                                                     riod ending in November, with round-                       year,
                                                                     ing to the nearest million dollars (see                       (2) Designated as rural or under-
                                                                     comment 35(b)(2)(iii)–1.iii for the appli-                 served for that calendar year by any
                                                                     cable threshold); and                                      automated tool that the Bureau pro-
                                                                       (D) Neither the creditor nor its affil-                  vides on its public Web site, or
                                                                     iate maintains an escrow account of
                                                                                                                                   (3) Not designated as located in an
                                                                     the type described in paragraph (b)(1)
                                                                                                                                urban area, as defined by the most re-
                                                                     of this section for any extension of con-
                                                                                                                                cent delineation of urban areas an-
                                                                     sumer credit secured by real property
                                                                                                                                nounced by the Census Bureau, by any
                                                                     or a dwelling that the creditor or its
                                                                                                                                automated address search tool that the
                                                                     affiliate currently services, other than:
                                                                       (1) Escrow accounts established for                      U.S. Census Bureau provides on its
                                                                     first-lien higher-priced mortgage loans                    public Web site for that purpose and
                                                                     for which applications were received on                    that specifically indicates the urban or
                                                                     or after April 1, 2010, and before June                    rural designations of properties.
                                                                     17, 2021; or                                                  (v)     Notwithstanding      paragraphs
                                                                       (2) Escrow accounts established after                    (b)(2)(iii) and (vi) of this section, an es-
                                                                     consummation as an accommodation                           crow account must be established pur-
                                                                     to distressed consumers to assist such                     suant to paragraph (b)(1) of this section
                                                                     consumers in avoiding default or fore-                     for any first-lien higher-priced mort-
                                                                     closure.                                                   gage loan that, at consummation, is
                                                                       (iv) For purposes of paragraph                           subject to a commitment to be ac-
                                                                     (b)(2)(iii)(A) of this section:                            quired by a person that does not satisfy
                                                                       (A) An area is ‘‘rural’’ during a cal-                   the conditions in paragraph (b)(2)(iii)
                                                                     endar year if it is:                                       or (vi) of this section, unless otherwise
                                                                       (1) A county that is neither in a met-                   exempted by this paragraph (b)(2).
                                                                     ropolitan statistical area nor in a                           (vi) Except as provided in paragraph
                                                                     micropolitan statistical area that is                      (b)(2)(v) of this section, an escrow ac-
                                                                     adjacent to a metropolitan statistical                     count need not be established for a
                                                                     area, as those terms are defined by the                    transaction made by a creditor that is
                                                                     U.S. Office of Management and Budget                       an insured depository institution or in-
                                                                     and as they are applied under currently                    sured credit union if, at the time of
                                                                     applicable Urban Influence Codes                           consummation:
                                                                     (UICs), established by the United                             (A) As of the preceding December
                                                                     States Department of Agriculture’s                         31st, or, if the application for the
                                                                     Economic Research Service (USDA–                           transaction was received before April 1
                                                                     ERS); or                                                   of the current calendar year, as of ei-
                                                                       (2) A census block that is not in an                     ther of the two preceding December
                                                                     urban area, as defined by the U.S. Cen-                    31sts, the insured depository institu-
                                                                     sus Bureau using the latest decennial                      tion or insured credit union had assets
                                                                     census of the United States.                               of $10,000,000,000 or less, adjusted annu-
                                                                       (B) An area is ‘‘underserved’’ during                    ally for inflation using the Consumer
                                                                     a calendar year if, according to Home                      Price Index for Urban Wage Earners
                                                                     Mortgage Disclosure Act (HMDA) data                        and Clerical Workers, not seasonally




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                                                                     for the preceding calendar year, it is a                   adjusted, for each 12-month period end-
                                                                     county in which no more than two                           ing     in   November      (see   comment

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.35

                                                                     35(b)(2)(vi)(A)–1 for the applicable                          (ii) Credit risk means the financial
                                                                     threshold);                                                risk that a consumer will default on a
                                                                       (B) During the preceding calendar                        loan.
                                                                     year, or, if the application for the                          (iii) Manufactured home has the same
                                                                     transaction was received before April 1                    meaning as in 24 CFR 3280.2.
                                                                     of the current calendar year, during ei-                      (iv) Manufacturer’s invoice means a
                                                                     ther of the two preceding calendar                         document issued by a manufacturer
                                                                     years, the creditor and its affiliates, as                 and provided with a manufactured
                                                                     defined in § 1026.32(b)(5), together ex-                   home to a retail dealer that separately
                                                                     tended no more than 1,000 covered                          details the wholesale (base) prices at
                                                                     transactions secured by a first lien on                    the factory for specific models or series
                                                                     a principal dwelling; and                                  of manufactured homes and itemized
                                                                       (C) The transaction satisfies the cri-                   options (large appliances, built-in
                                                                     teria in paragraphs (b)(2)(iii)(A) and (D)                 items and equipment), plus actual
                                                                     of this section.                                           itemized charges for freight from the
                                                                       (3) Cancellation—(i) General. Except as                  factory to the dealer’s lot or the home-
                                                                     provided in paragraph (b)(3)(ii) of this                   site (including any rental of wheels and
                                                                     section, a creditor or servicer may can-                   axles) and for any sales taxes to be paid
                                                                     cel an escrow account required in para-                    by the dealer. The invoice may recite
                                                                     graph (b)(1) of this section only upon                     such prices and charges on an itemized
                                                                     the earlier of:                                            basis or by stating an aggregate price
                                                                                                                                or charge, as appropriate, for each cat-
                                                                       (A) Termination of the underlying
                                                                                                                                egory.
                                                                     debt obligation; or
                                                                                                                                   (v) National Registry means the data-
                                                                       (B) Receipt no earlier than five years
                                                                                                                                base of information about State cer-
                                                                     after consummation of a consumer’s
                                                                                                                                tified and licensed appraisers main-
                                                                     request to cancel the escrow account.
                                                                                                                                tained by the Appraisal Subcommittee
                                                                       (ii) Delayed cancellation. Notwith-                      of the Federal Financial Institutions
                                                                     standing paragraph (b)(3)(i) of this sec-                  Examination Council.
                                                                     tion, a creditor or servicer shall not                        (vi) New manufactured home means a
                                                                     cancel an escrow account pursuant to a                     manufactured home that has not been
                                                                     consumer’s request described in para-                      previously occupied.
                                                                     graph (b)(3)(i)(B) of this section unless
                                                                                                                                   (vii) State agency means a ‘‘State ap-
                                                                     the following conditions are satisfied:                    praiser certifying and licensing agen-
                                                                       (A) The unpaid principal balance is                      cy’’ recognized in accordance with sec-
                                                                     less than 80 percent of the original                       tion 1118(b) of the Financial Institu-
                                                                     value of the property securing the un-                     tions Reform, Recovery, and Enforce-
                                                                     derlying debt obligation; and                              ment Act of 1989 (12 U.S.C. 3347(b)) and
                                                                       (B) The consumer currently is not de-                    any implementing regulations.
                                                                     linquent or in default on the under-                          (2) Exemptions. Unless otherwise spec-
                                                                     lying debt obligation.                                     ified, the requirements in paragraph
                                                                       (c) Appraisals—(1) Definitions. For                      (c)(3) through (6) of this section do not
                                                                     purposes of this section:                                  apply to the following types of trans-
                                                                       (i) Certified or licensed appraiser means                actions:
                                                                     a person who is certified or licensed by                      (i) A loan that satisfies the criteria
                                                                     the State agency in the State in which                     of a qualified mortgage as defined pur-
                                                                     the property that secures the trans-                       suant to 15 U.S.C. 1639c;
                                                                     action is located, and who performs the                       (ii) An extension of credit for which
                                                                     appraisal in conformity with the Uni-                      the amount of credit extended is equal
                                                                     form Standards of Professional Ap-                         to or less than the applicable threshold
                                                                     praisal Practice and the requirements                      amount, which is adjusted every year
                                                                     applicable to appraisers in title XI of                    to reflect increases in the Consumer
                                                                     the Financial Institutions Reform, Re-                     Price Index for Urban Wage Earners
                                                                     covery, and Enforcement Act of 1989, as                    and Clerical Workers, as applicable,
                                                                     amended (12 U.S.C. 3331 et seq.), and any                  and published in the official staff com-
                                                                     implementing regulations in effect at                      mentary to this paragraph (c)(2)(ii);




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                                                                     the time the appraiser signs the ap-                          (iii) A transaction secured by a mo-
                                                                     praiser’s certification.                                   bile home, boat, or trailer.

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                                                                     § 1026.35                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (iv) A transaction to finance the ini-                   action, provided that the date of manu-
                                                                     tial construction of a dwelling.                           facture is no earlier than 18 months
                                                                       (v) A loan with a maturity of 12                         prior to the creditor’s receipt of the
                                                                     months or less, if the purpose of the                      consumer’s application for credit;
                                                                     loan is a ‘‘bridge’’ loan connected with                      (2) A cost estimate of the value of the
                                                                     the acquisition of a dwelling intended                     manufactured home securing the trans-
                                                                     to become the consumer’s principal                         action obtained from an independent
                                                                     dwelling.                                                  cost service provider; or
                                                                       (vi) A reverse-mortgage transaction                         (3) A valuation, as defined in
                                                                     subject to 12 CFR 1026.33(a).                              § 1026.42(b)(3), of the manufactured
                                                                       (vii) An extension of credit that is a                   home performed by a person who has
                                                                     refinancing secured by a first lien, with                  no direct or indirect interest, financial
                                                                     refinancing defined as in § 1026.20(a)                     or otherwise, in the property or trans-
                                                                     (except that the creditor need not be                      action for which the valuation is per-
                                                                     the original creditor or a holder or                       formed and has training in valuing
                                                                     servicer of the original obligation),                      manufactured homes.
                                                                     provided that the refinancing meets                           (3) Appraisals required—(i) In general.
                                                                     the following criteria:                                    Except as provided in paragraph (c)(2)
                                                                       (A) Either—                                              of this section, a creditor shall not ex-
                                                                       (1) The credit risk of the refinancing                   tend a higher-priced mortgage loan to
                                                                     is retained by the person that held the                    a consumer without obtaining, prior to
                                                                     credit risk of the existing obligation                     consummation, a written appraisal of
                                                                     and there is no commitment, at con-                        the property to be mortgaged. The ap-
                                                                     summation, to transfer the credit risk                     praisal must be performed by a cer-
                                                                     to another person; or                                      tified or licensed appraiser who con-
                                                                       (2) The refinancing is insured or                        ducts a physical visit of the interior of
                                                                     guaranteed by the same Federal gov-                        the property that will secure the trans-
                                                                     ernment agency that insured or guar-                       action.
                                                                     anteed the existing obligation;                               (ii) Safe harbor. A creditor obtains a
                                                                       (B) The regular periodic payments                        written appraisal that meets the re-
                                                                     under the refinance loan do not—                           quirements for an appraisal required
                                                                       (1) Cause the principal balance to in-                   under paragraph (c)(3)(i) of this section
                                                                     crease;                                                    if the creditor:
                                                                       (2) Allow the consumer to defer re-                         (A) Orders that the appraiser perform
                                                                     payment of principal; or                                   the appraisal in conformity with the
                                                                       (3) Result in a balloon payment, as                      Uniform Standards of Professional Ap-
                                                                     defined in § 1026.18(s)(5)(i); and                         praisal Practice and title XI of the Fi-
                                                                       (C) The proceeds from the refi-                          nancial Institutions Reform, Recovery,
                                                                     nancing are used solely to satisfy the                     and Enforcement Act of 1989, as amend-
                                                                     existing obligation and amounts attrib-                    ed (12 U.S.C. 3331 et seq.), and any im-
                                                                     uted solely to the costs of the refi-                      plementing regulations in effect at the
                                                                     nancing; and                                               time the appraiser signs the appraiser’s
                                                                       (viii) A transaction secured by:                         certification;
                                                                       (A) A new manufactured home and                             (B) Verifies through the National
                                                                     land, but the exemption shall only                         Registry that the appraiser who signed
                                                                     apply to the requirement in paragraph                      the appraiser’s certification was a cer-
                                                                     (c)(3)(i) of this section that the ap-                     tified or licensed appraiser in the State
                                                                     praiser conduct a physical visit of the                    in which the appraised property is lo-
                                                                     interior of the new manufactured                           cated as of the date the appraiser
                                                                     home; or                                                   signed the appraiser’s certification;
                                                                       (B) A manufactured home and not                             (C) Confirms that the elements set
                                                                     land, for which the creditor obtains one                   forth in appendix N to this part are ad-
                                                                     of the following and provides a copy to                    dressed in the written appraisal; and
                                                                     the consumer no later than three busi-                        (D) Has no actual knowledge con-
                                                                     ness days prior to consummation of the                     trary to the facts or certifications con-
                                                                     transaction—                                               tained in the written appraisal.
                                                                       (1) For a new manufactured home,                            (4) Additional appraisal for certain




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                                                                     the manufacturer’s invoice for the                         higher-priced mortgage loans—(i) In gen-
                                                                     manufactured home securing the trans-                      eral. Except as provided in paragraphs

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.35

                                                                     (c)(2) and (c)(4)(vii) of this section, a                    (vi) Creditor’s determination of prior
                                                                     creditor shall not extend a higher-                        sale date and price—(A) Reasonable dili-
                                                                     priced mortgage loan to a consumer to                      gence. A creditor must obtain two writ-
                                                                     finance the acquisition of the con-                        ten appraisals under paragraph (c)(4)(i)
                                                                     sumer’s principal dwelling without ob-                     of this section unless the creditor can
                                                                     taining, prior to consummation, two                        demonstrate by exercising reasonable
                                                                     written appraisals, if:                                    diligence that the requirement to ob-
                                                                       (A) The seller acquired the property                     tain two appraisals does not apply. A
                                                                     90 or fewer days prior to the date of the                  creditor acts with reasonable diligence
                                                                     consumer’s agreement to acquire the                        if the creditor bases its determination
                                                                     property and the price in the con-                         on information contained in written
                                                                     sumer’s agreement to acquire the prop-                     source documents, such as the docu-
                                                                     erty exceeds the seller’s acquisition                      ments listed in appendix O to this part.
                                                                     price by more than 10 percent; or                            (B) Inability to determine prior sale
                                                                       (B) The seller acquired the property                     date or price—modified requirements for
                                                                     91 to 180 days prior to the date of the                    additional appraisal. If, after exercising
                                                                     consumer’s agreement to acquire the                        reasonable diligence, a creditor cannot
                                                                     property and the price in the con-                         determine whether the conditions in
                                                                     sumer’s agreement to acquire the prop-                     paragraphs (c)(4)(i)(A) and (c)(4)(i)(B)
                                                                     erty exceeds the seller’s acquisition                      are present and therefore must obtain
                                                                     price by more than 20 percent.                             two written appraisals in accordance
                                                                       (ii) Different certified or licensed ap-                 with paragraphs (c)(4)(i) through (v) of
                                                                     praisers. The two appraisals required                      this section, one of the two appraisals
                                                                     under paragraph (c)(4)(i) of this section                  shall include an analysis of the factors
                                                                     may not be performed by the same cer-                      in paragraph (c)(4)(iv) of this section
                                                                     tified or licensed appraiser.                              only to the extent that the information
                                                                       (iii) Relationship to general appraisal                  necessary for the appraiser to perform
                                                                     requirements. If two appraisals must be                    the analysis can be determined.
                                                                     obtained under paragraph (c)(4)(i) of                        (vii) Exemptions from the additional
                                                                     this section, each appraisal shall meet                    appraisal requirement. The additional
                                                                     the requirements of paragraph (c)(3)(i)                    appraisal required under paragraph
                                                                     of this section.                                           (c)(4)(i) of this section shall not apply
                                                                       (iv) Required analysis in the additional                 to extensions of credit that finance a
                                                                     appraisal. One of the two required ap-                     consumer’s acquisition of property:
                                                                     praisals must include an analysis of:                        (A) From a local, State or Federal
                                                                       (A) The difference between the price                     government agency;
                                                                     at which the seller acquired the prop-                       (B) From a person who acquired title
                                                                     erty and the price that the consumer is                    to the property through foreclosure,
                                                                     obligated to pay to acquire the prop-                      deed-in-lieu of foreclosure, or other
                                                                     erty, as specified in the consumer’s                       similar judicial or non-judicial proce-
                                                                     agreement to acquire the property                          dure as a result of the person’s exercise
                                                                     from the seller;                                           of rights as the holder of a defaulted
                                                                       (B) Changes in market conditions be-                     mortgage loan;
                                                                     tween the date the seller acquired the                       (C) From a non-profit entity as part
                                                                     property and the date of the con-                          of a local, State, or Federal govern-
                                                                     sumer’s agreement to acquire the prop-                     ment program under which the non-
                                                                     erty; and                                                  profit entity is permitted to acquire
                                                                       (C) Any improvements made to the                         title to single-family properties for re-
                                                                     property between the date the seller                       sale from a seller who acquired title to
                                                                     acquired the property and the date of                      the property through the process of
                                                                     the consumer’s agreement to acquire                        foreclosure, deed-in-lieu of foreclosure,
                                                                     the property.                                              or other similar judicial or non-judicial
                                                                       (v) No charge for the additional ap-                     procedure;
                                                                     praisal. If the creditor must obtain two                     (D) From a person who acquired title
                                                                     appraisals under paragraph (c)(4)(i) of                    to the property by inheritance or pur-
                                                                     this section, the creditor may charge                      suant to a court order of dissolution of




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                                                                     the consumer for only one of the ap-                       marriage, civil union, or domestic
                                                                     praisals.                                                  partnership, or of partition of joint or

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                                                                     § 1026.35                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     marital assets to which the seller was                      (6) Copy of appraisals—(i) In general.
                                                                     a party;                                                  Except as provided in paragraph (c)(2)
                                                                       (E) From an employer or relocation                      of this section, a creditor shall provide
                                                                     agency in connection with the reloca-                     to the consumer a copy of any written
                                                                     tion of an employee;                                      appraisal performed in connection with
                                                                       (F) From a servicemember, as defined                    a higher-priced mortgage loan pursu-
                                                                     in 50 U.S.C. App. 511(1), who received a                  ant to paragraphs (c)(3) and (c)(4) of
                                                                     deployment or permanent change of                         this section.
                                                                     station order after the servicemember                       (ii) Timing. A creditor shall provide
                                                                     purchased the property;                                   to the consumer a copy of each written
                                                                       (G) Located in an area designated by                    appraisal      pursuant    to    paragraph
                                                                     the President as a federal disaster area,                 (c)(6)(i) of this section:
                                                                     if and for as long as the Federal finan-                    (A) No later than three business days
                                                                     cial institutions regulatory agencies,                    prior to consummation of the loan; or
                                                                     as defined in 12 U.S.C. 3350(6), waive the                  (B) In the case of a loan that is not
                                                                     requirements in title XI of the Finan-                    consummated, no later than 30 days
                                                                     cial Institutions Reform, Recovery,                       after the creditor determines that the
                                                                     and Enforcement Act of 1989, as amend-
                                                                                                                               loan will not be consummated.
                                                                     ed (12 U.S.C. 3331 et seq.), and any im-
                                                                                                                                 (iii) Form of copy. Any copy of a writ-
                                                                     plementing regulations in that area; or
                                                                                                                               ten appraisal required by paragraph
                                                                       (H) Located in a rural county, as de-
                                                                                                                               (c)(6)(i) of this section may be provided
                                                                     fined in 12 CFR 1026.35(b)(2)(iv)(A).
                                                                                                                               to the applicant in electronic form,
                                                                       (5) Required disclosure—(i) In general.
                                                                                                                               subject to compliance with the con-
                                                                     Except as provided in paragraph (c)(2)
                                                                                                                               sumer consent and other applicable
                                                                     of this section, a creditor shall disclose
                                                                     the following statement, in writing, to                   provisions of the Electronic Signatures
                                                                     a consumer who applies for a higher-                      in Global and National Commerce Act
                                                                     priced mortgage loan: ‘‘We may order                      (E-Sign Act) (15 U.S.C. 7001 et seq.).
                                                                     an appraisal to determine the prop-                         (iv) No charge for copy of appraisal. A
                                                                     erty’s value and charge you for this ap-                  creditor shall not charge the consumer
                                                                     praisal. We will give you a copy of any                   for a copy of a written appraisal re-
                                                                     appraisal, even if your loan does not                     quired to be provided to the consumer
                                                                     close. You can pay for an additional ap-                  pursuant to paragraph (c)(6)(i) of this
                                                                     praisal for your own use at your own                      section.
                                                                     cost.’’ Compliance with the disclosure                      (7) Relation to other rules. The rules in
                                                                     requirement in Regulation B, 12 CFR                       this paragraph (c) were adopted jointly
                                                                     1002.14(a)(2), satisfies the requirements                 by the Federal Reserve Board (Board),
                                                                     of this paragraph.                                        the Office of the Comptroller of the
                                                                       (ii) Timing of disclosure. The disclo-                  Currency (OCC), the Federal Deposit
                                                                     sure required by paragraph (c)(5)(i) of                   Insurance Corporation, the National
                                                                     this section shall be delivered or placed                 Credit Union Administration, the Fed-
                                                                     in the mail no later than the third                       eral Housing Finance Agency, and the
                                                                     business day after the creditor receives                  Bureau. These rules are substantively
                                                                     the consumer’s application for a high-                    identical to the Board’s and the OCC’s
                                                                     er-priced mortgage loan subject to                        higher-priced mortgage loan appraisal
                                                                     paragraph (c) of this section. In the                     rules published separately in 12 CFR
                                                                     case of a loan that is not a higher-                      226.43 (for the Board) and in 12 CFR
                                                                     priced mortgage loan subject to para-                     part 34, subpart G and 12 CFR part 164,
                                                                     graph (c) of this section at the time of                  subpart B (for the OCC).
                                                                     application, but becomes a higher-                          (d) Evasion; open-end credit. In con-
                                                                     priced mortgage loan subject to para-
                                                                                                                               nection with credit secured by a con-
                                                                     graph (c) of this section after applica-
                                                                                                                               sumer’s principal dwelling that does
                                                                     tion, the disclosure shall be delivered
                                                                     or placed in the mail not later than the                  not meet the definition of open-end
                                                                     third business day after the creditor                     credit in § 1026.2(a)(20), a creditor shall
                                                                     determines that the loan is a higher-                     not structure a home-secured loan as




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                                                                     priced mortgage loan subject to para-
                                                                     graph (c) of this section.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.36

                                                                     an open-end plan to evade the require-                    it terms (including rates, fees, and
                                                                     ments of this section.                                    other costs) available from a creditor.
                                                                     [78 FR 4753, Jan. 22, 2013, as amended at 78
                                                                                                                                 (C) A person that performs only real
                                                                     FR 10442, Feb. 13, 2013; 78 FR 30745, May 23,             estate brokerage activities and is li-
                                                                     2013; 78 FR 44718, July 24, 2013; 78 FR 60441,            censed or registered in accordance with
                                                                     Oct. 1, 2013; 78 FR 78585, 78586, Dec. 26, 2013;          applicable State law, unless such per-
                                                                     80 FR 59967, Oct. 2, 2015; 81 FR 16082, Mar. 25,          son is compensated by a creditor or
                                                                     2016; 86 FR 9852, Feb. 17, 2021]                          loan originator or by any agent of such
                                                                                                                               creditor or loan originator for a par-
                                                                     § 1026.36 Prohibited acts or practices                    ticular consumer credit transaction
                                                                         and certain requirements for credit
                                                                         secured by a dwelling.                                subject to this section.
                                                                                                                                 (D) A seller financer that meets the
                                                                        (a) Definitions—(1) Loan originator. (i)               criteria in paragraph (a)(4) or (a)(5) of
                                                                     For purposes of this section, the term                    this section, as applicable.
                                                                     ‘‘loan originator’’ means a person who,                     (E) A servicer or servicer’s employ-
                                                                     in expectation of direct or indirect                      ees, agents, and contractors who offer
                                                                     compensation or other monetary gain                       or negotiate terms for purposes of re-
                                                                     or for direct or indirect compensation                    negotiating, modifying, replacing, or
                                                                     or other monetary gain, performs any                      subordinating principal of existing
                                                                     of the following activities: takes an ap-                 mortgages where consumers are behind
                                                                     plication, offers, arranges, assists a                    in their payments, in default, or have a
                                                                     consumer in obtaining or applying to                      reasonable likelihood of defaulting or
                                                                     obtain, negotiates, or otherwise ob-                      falling behind. This exception does not
                                                                     tains or makes an extension of con-                       apply, however, to a servicer or
                                                                     sumer credit for another person; or                       servicer’s employees, agents, and con-
                                                                     through advertising or other means of                     tractors who offer or negotiate a trans-
                                                                     communication represents to the pub-                      action that constitutes a refinancing
                                                                     lic that such person can or will perform
                                                                                                                               under § 1026.20(a) or obligates a dif-
                                                                     any of these activities. The term ‘‘loan
                                                                                                                               ferent consumer on the existing debt.
                                                                     originator’’ includes an employee,
                                                                                                                                 (ii) An ‘‘individual loan originator’’
                                                                     agent, or contractor of the creditor or
                                                                                                                               is a natural person who meets the defi-
                                                                     loan originator organization if the em-
                                                                                                                               nition of ‘‘loan originator’’ in para-
                                                                     ployee, agent, or contractor meets this
                                                                     definition. The term ‘‘loan originator’’                  graph (a)(1)(i) of this section.
                                                                     includes a creditor that engages in loan                    (iii) A ‘‘loan originator organization’’
                                                                     origination activities if the creditor                    is any loan originator, as defined in
                                                                     does not finance the transaction at                       paragraph (a)(1)(i) of this section, that
                                                                     consummation out of the creditor’s                        is not an individual loan originator.
                                                                     own resources, including by drawing on                      (2) Mortgage broker. For purposes of
                                                                     a bona fide warehouse line of credit or                   this section, a mortgage broker with
                                                                     out of deposits held by the creditor. All                 respect to a particular transaction is
                                                                     creditors that engage in any of the                       any loan originator that is not an em-
                                                                     foregoing loan origination activities                     ployee of the creditor.
                                                                     are loan originators for purposes of                        (3) Compensation. The term ‘‘com-
                                                                     paragraphs (f) and (g) of this section.                   pensation’’ includes salaries, commis-
                                                                     The term does not include:                                sions, and any financial or similar in-
                                                                        (A) A person who does not take a                       centive.
                                                                     consumer credit application or offer or                     (4) Seller financers; three properties. A
                                                                     negotiate credit terms available from a                   person (as defined in § 1026.2(a)(22)) that
                                                                     creditor, but who performs purely ad-                     meets all of the following criteria is
                                                                     ministrative or clerical tasks on behalf                  not a loan originator under paragraph
                                                                     of a person who does engage in such ac-                   (a)(1) of this section:
                                                                     tivities.                                                   (i) The person provides seller financ-
                                                                        (B) An employee of a manufactured                      ing for the sale of three or fewer prop-
                                                                     home retailer who does not take a con-                    erties in any 12-month period to pur-
                                                                     sumer credit application, offer or nego-                  chasers of such properties, each of




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                                                                     tiate credit terms available from a                       which is owned by the person and
                                                                     creditor, or advise a consumer on cred-                   serves as security for the financing.

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                                                                     § 1026.36                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (ii) The person has not constructed,                    able rate is based on is a widely avail-
                                                                     or acted as a contractor for the con-                     able index such as indices for U.S.
                                                                     struction of, a residence on the prop-                    Treasury securities or SOFR.
                                                                     erty in the ordinary course of business                      (6) Credit terms. For purposes of this
                                                                     of the person.                                            section, the term ‘‘credit terms’’ in-
                                                                       (iii) The person provides seller fi-                    cludes rates, fees, and other costs.
                                                                     nancing that meets the following re-                      Credit terms are selected based on the
                                                                     quirements:                                               consumer’s financial characteristics
                                                                       (A) The financing is fully amortizing.                  when those terms are selected based on
                                                                       (B) The financing is one that the per-                  any factors that may influence a credit
                                                                     son determines in good faith the con-                     decision, such as debts, income, assets,
                                                                     sumer has a reasonable ability to                         or credit history.
                                                                     repay.                                                       (b) Scope. Paragraphs (c)(1) and (2) of
                                                                       (C) The financing has a fixed rate or                   this section apply to closed-end con-
                                                                     an adjustable rate that is adjustable                     sumer credit transactions secured by a
                                                                     after five or more years, subject to rea-                 consumer’s principal dwelling. Para-
                                                                     sonable annual and lifetime limita-                       graph (c)(3) of this section applies to a
                                                                     tions on interest rate increases. If the                  consumer credit transaction secured by
                                                                     financing agreement has an adjustable                     a dwelling. Paragraphs (d) through (i)
                                                                     rate, the rate is determined by the ad-                   of this section apply to closed-end con-
                                                                     dition of a margin to an index rate and                   sumer credit transactions secured by a
                                                                     is subject to reasonable rate adjust-                     dwelling. This section does not apply
                                                                     ment limitations. The index the adjust-                   to a home equity line of credit subject
                                                                     able rate is based on is a widely avail-                  to § 1026.40, except that paragraphs (h)
                                                                     able index such as indices for U.S.                       and (i) of this section apply to such
                                                                     Treasury securities or SOFR.                              credit when secured by the consumer’s
                                                                       (5) Seller financers; one property. A                   principal dwelling and paragraph (c)(3)
                                                                     natural person, estate, or trust that
                                                                                                                               applies to such credit when secured by
                                                                     meets all of the following criteria is
                                                                                                                               a dwelling. Paragraphs (d) through (i)
                                                                     not a loan originator under paragraph
                                                                                                                               of this section do not apply to a loan
                                                                     (a)(1) of this section:
                                                                                                                               that is secured by a consumer’s inter-
                                                                       (i) The natural person, estate, or
                                                                                                                               est in a timeshare plan described in 11
                                                                     trust provides seller financing for the
                                                                                                                               U.S.C. 101(53D).
                                                                     sale of only one property in any 12-
                                                                     month period to purchasers of such                           (c) Servicing practices. For purposes of
                                                                     property, which is owned by the nat-                      this     paragraph      (c),   the   terms
                                                                     ural person, estate, or trust and serves                  ‘‘servicer’’ and ‘‘servicing’’ have the
                                                                     as security for the financing.                            same meanings as provided in 12 CFR
                                                                       (ii) The natural person, estate, or                     1024.2(b).
                                                                     trust has not constructed, or acted as a                     (1) Payment processing. In connection
                                                                     contractor for the construction of, a                     with a closed-end consumer credit
                                                                     residence on the property in the ordi-                    transaction secured by a consumer’s
                                                                     nary course of business of the person.                    principal dwelling:
                                                                       (iii) The natural person, estate, or                       (i) Periodic payments. No servicer
                                                                     trust provides seller financing that                      shall fail to credit a periodic payment
                                                                     meets the following requirements:                         to the consumer’s loan account as of
                                                                       (A) The financing has a repayment                       the date of receipt, except when a delay
                                                                     schedule that does not result in nega-                    in crediting does not result in any
                                                                     tive amortization.                                        charge to the consumer or in the re-
                                                                       (B) The financing has a fixed rate or                   porting of negative information to a
                                                                     an adjustable rate that is adjustable                     consumer reporting agency, or except
                                                                     after five or more years, subject to rea-                 as provided in paragraph (c)(1)(iii) of
                                                                     sonable annual and lifetime limita-                       this section. A periodic payment, as
                                                                     tions on interest rate increases. If the                  used in this paragraph (c), is an
                                                                     financing agreement has an adjustable                     amount sufficient to cover principal,
                                                                     rate, the rate is determined by the ad-                   interest, and escrow (if applicable) for
                                                                     dition of a margin to an index rate and                   a given billing cycle. A payment quali-




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                                                                     is subject to reasonable rate adjust-                     fies as a periodic payment even if it
                                                                     ment limitations. The index the adjust-                   does not include amounts required to

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.36

                                                                     cover late fees, other fees, or non-es-                   such a request because a loan is in
                                                                     crow payments a servicer has advanced                     bankruptcy or foreclosure, because the
                                                                     on a consumer’s behalf.                                   loan is a reverse mortgage or shared
                                                                        (ii) Partial payments. Any servicer                    appreciation mortgage, or because of
                                                                     that retains a partial payment, mean-                     natural disasters or other similar cir-
                                                                     ing any payment less than a periodic                      cumstances, the payoff statement must
                                                                     payment, in a suspense or unapplied                       be provided within a reasonable time.
                                                                     funds account shall:                                      A creditor or assignee that does not
                                                                        (A) Disclose to the consumer the                       currently own the mortgage loan or
                                                                     total amount of funds held in such sus-                   the mortgage servicing rights is not
                                                                     pense or unapplied funds account on                       subject to the requirement in this
                                                                     the periodic statement as required by                     paragraph (c)(3) to provide a payoff
                                                                     § 1026.41(d)(3), if a periodic statement is               statement.
                                                                     required; and                                               (d) Prohibited payments to loan origina-
                                                                        (B) On accumulation of sufficient                      tors—(1) Payments based on a term of a
                                                                     funds to cover a periodic payment in                      transaction. (i) Except as provided in
                                                                     any suspense or unapplied funds ac-                       paragraph (d)(1)(iii) or (iv) of this sec-
                                                                     count, treat such funds as a periodic                     tion, in connection with a consumer
                                                                     payment received in accordance with                       credit transaction secured by a dwell-
                                                                     paragraph (c)(1)(i) of this section.                      ing, no loan originator shall receive
                                                                        (iii) Non-conforming payments. If a                    and no person shall pay to a loan origi-
                                                                     servicer specifies in writing require-                    nator, directly or indirectly, com-
                                                                     ments for the consumer to follow in                       pensation in an amount that is based
                                                                     making payments, but accepts a pay-                       on a term of a transaction, the terms
                                                                     ment that does not conform to the re-                     of multiple transactions by an indi-
                                                                     quirements, the servicer shall credit                     vidual loan originator, or the terms of
                                                                     the payment as of five days after re-                     multiple transactions by multiple indi-
                                                                     ceipt.                                                    vidual loan originators. If a loan origi-
                                                                        (2) No pyramiding of late fees. In con-                nator’s compensation is based in whole
                                                                     nection with a closed-end consumer                        or in part on a factor that is a proxy
                                                                     credit transaction secured by a con-                      for a term of a transaction, the loan
                                                                     sumer’s principal dwelling, a servicer                    originator’s compensation is based on a
                                                                     shall not impose any late fee or delin-                   term of a transaction. A factor that is
                                                                     quency charge for a payment if:                           not itself a term of a transaction is a
                                                                        (i) Such a fee or charge is attrib-                    proxy for a term of the transaction if
                                                                     utable solely to failure of the consumer                  the factor consistently varies with that
                                                                     to pay a late fee or delinquency charge                   term over a significant number of
                                                                     on an earlier payment; and                                transactions, and the loan originator
                                                                        (ii) The payment is otherwise a peri-                  has the ability, directly or indirectly,
                                                                     odic payment received on the due date,                    to add, drop, or change the factor in
                                                                     or within any applicable courtesy pe-                     originating the transaction.
                                                                     riod.                                                       (ii) For purposes of this paragraph
                                                                        (3) Payoff statements. In connection                   (d)(1) only, a ‘‘term of a transaction’’ is
                                                                     with a consumer credit transaction se-                    any right or obligation of the parties
                                                                     cured by a consumer’s dwelling, a cred-                   to a credit transaction. The amount of
                                                                     itor, assignee or servicer, as applicable,                credit extended is not a term of a
                                                                     must provide an accurate statement of                     transaction or a proxy for a term of a
                                                                     the total outstanding balance that                        transaction, provided that compensa-
                                                                     would be required to pay the con-                         tion received by or paid to a loan origi-
                                                                     sumer’s obligation in full as of a speci-                 nator, directly or indirectly, is based
                                                                     fied date. The statement shall be sent                    on a fixed percentage of the amount of
                                                                     within a reasonable time, but in no                       credit extended; however, such com-
                                                                     case more than seven business days,                       pensation may be subject to a min-
                                                                     after receiving a written request from                    imum or maximum dollar amount.
                                                                     the consumer or any person acting on                        (iii) An individual loan originator
                                                                     behalf of the consumer. When a cred-                      may receive, and a person may pay to
                                                                     itor, assignee, or servicer, as applica-                  an individual loan originator, com-




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                                                                     ble, is not able to provide the state-                    pensation in the form of a contribution
                                                                     ment within seven business days of                        to a defined contribution plan that is a

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                                                                     § 1026.36                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     designated tax-advantaged plan or a                       period preceding the date of the com-
                                                                     benefit under a defined benefit plan                      pensation determination.
                                                                     that is a designated tax-advantaged                          (2) Payments by persons other than con-
                                                                     plan. In the case of a contribution to a                  sumer—(i) Dual compensation. (A) Ex-
                                                                     defined contribution plan, the con-                       cept     as    provided    in    paragraph
                                                                     tribution shall not be directly or indi-                  (d)(2)(i)(C) of this section, if any loan
                                                                     rectly based on the terms of that indi-                   originator receives compensation di-
                                                                     vidual loan originator’s transactions.                    rectly from a consumer in a consumer
                                                                     As used in this paragraph (d)(1)(iii),                    credit transaction secured by a dwell-
                                                                     ‘‘designated     tax-advantaged     plan’’                ing:
                                                                     means any plan that meets the require-                       (1) No loan originator shall receive
                                                                     ments of Internal Revenue Code sec-                       compensation, directly or indirectly,
                                                                     tion 401(a), 26 U.S.C. 401(a); employee                   from any person other than the con-
                                                                     annuity plan described in Internal Rev-                   sumer in connection with the trans-
                                                                     enue Code section 403(a), 26 U.S.C.                       action; and
                                                                     403(a); simple retirement account, as                        (2) No person who knows or has rea-
                                                                     defined in Internal Revenue Code sec-                     son to know of the consumer-paid com-
                                                                     tion 408(p), 26 U.S.C. 408(p); simplified                 pensation to the loan originator (other
                                                                     employee pension described in Internal                    than the consumer) shall pay any com-
                                                                     Revenue Code section 408(k), 26 U.S.C.                    pensation to a loan originator, directly
                                                                     408(k); annuity contract described in                     or indirectly, in connection with the
                                                                     Internal Revenue Code section 403(b),                     transaction.
                                                                     26 U.S.C. 403(b); or eligible deferred                       (B) Compensation received directly
                                                                     compensation plan, as defined in Inter-                   from a consumer includes payments to
                                                                     nal Revenue Code section 457(b), 26                       a loan originator made pursuant to an
                                                                     U.S.C. 457(b).                                            agreement between the consumer and a
                                                                        (iv) An individual loan originator                     person other than the creditor or its af-
                                                                     may receive, and a person may pay to                      filiates, under which such other person
                                                                     an individual loan originator, com-                       agrees to provide funds toward the con-
                                                                     pensation under a non-deferred profits-                   sumer’s costs of the transaction (in-
                                                                     based compensation plan (i.e., any ar-                    cluding loan originator compensation).
                                                                     rangement for the payment of non-de-                         (C) If a loan originator organization
                                                                     ferred compensation that is determined                    receives compensation directly from a
                                                                     with reference to the profits of the per-                 consumer in connection with a trans-
                                                                     son from mortgage-related business),                      action, the loan originator organiza-
                                                                     provided that:                                            tion may pay compensation to an indi-
                                                                        (A) The compensation paid to an in-                    vidual loan originator, and the indi-
                                                                     dividual loan originator pursuant to                      vidual loan originator may receive
                                                                     this paragraph (d)(1)(iv) is not directly                 compensation from the loan originator
                                                                     or indirectly based on the terms of that                  organization, subject to paragraph
                                                                     individual loan originator’s trans-                       (d)(1) of this section.
                                                                     actions that are subject to this para-                       (ii) Exemption. A payment to a loan
                                                                     graph (d); and                                            originator that is otherwise prohibited
                                                                        (B) At least one of the following con-                 by section 129B(c)(2)(A) of the Truth in
                                                                     ditions is satisfied:                                     Lending Act is nevertheless permitted
                                                                        (1) The compensation paid to an indi-                  pursuant to section 129B(c)(2)(B) of the
                                                                     vidual loan originator pursuant to this                   Act, regardless of whether the con-
                                                                     paragraph (d)(1)(iv) does not, in the ag-                 sumer makes any upfront payment of
                                                                     gregate, exceed 10 percent of the indi-                   discount points, origination points, or
                                                                     vidual loan originator’s total com-                       fees,     as    described     in    section
                                                                     pensation corresponding to the time                       129B(c)(2)(B)(ii) of the Act, as long as
                                                                     period for which the compensation                         the loan originator does not receive
                                                                     under the non-deferred profits-based                      any compensation directly from the
                                                                     compensation plan is paid; or                             consumer as described in section
                                                                        (2) The individual loan originator was                 129B(c)(2)(B)(i) of the Act.
                                                                     a loan originator for ten or fewer                           (3) Affiliates. For purposes of this




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                                                                     transactions subject to this paragraph                    paragraph (d), affiliates shall be treat-
                                                                     (d) consummated during the 12-month                       ed as a single ‘‘person.’’

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.36

                                                                        (e) Prohibition on steering—(1) General.               two or more loans have the same total
                                                                     In connection with a consumer credit                      dollar amount of discount points, origi-
                                                                     transaction secured by a dwelling, a                      nation points or origination fees, the
                                                                     loan originator shall not direct or                       loan with the lowest interest rate that
                                                                     ‘‘steer’’ a consumer to consummate a                      has the lowest total dollar amount of
                                                                     transaction based on the fact that the                    discount points, origination points or
                                                                     originator will receive greater com-                      origination fees).
                                                                     pensation from the creditor in that                         (ii) The loan originator must have a
                                                                     transaction than in other transactions                    good faith belief that the options pre-
                                                                     the originator offered or could have of-                  sented to the consumer pursuant to
                                                                     fered to the consumer, unless the con-                    paragraph (e)(3)(i) of this section are
                                                                     summated transaction is in the con-                       loans for which the consumer likely
                                                                     sumer’s interest.                                         qualifies.
                                                                        (2) Permissible transactions. A trans-                   (iii) For each type of transaction, if
                                                                     action does not violate paragraph (e)(1)                  the originator presents to the con-
                                                                     of this section if the consumer is pre-                   sumer more than three loans, the origi-
                                                                     sented with loan options that meet the                    nator must highlight the loans that
                                                                     conditions in paragraph (e)(3) of this                    satisfy the criteria specified in para-
                                                                     section for each type of transaction in                   graph (e)(3)(i) of this section.
                                                                     which the consumer expressed an inter-                      (4) Number of loan options presented.
                                                                     est. For purposes of paragraph (e) of
                                                                                                                               The loan originator can present fewer
                                                                     this section, the term ‘‘type of trans-
                                                                                                                               than three loans and satisfy para-
                                                                     action’’ refers to whether:
                                                                                                                               graphs (e)(2) and (e)(3)(i) of this section
                                                                        (i) A loan has an annual percentage
                                                                                                                               if the loan(s) presented to the con-
                                                                     rate that cannot increase after con-
                                                                                                                               sumer satisfy the criteria of the op-
                                                                     summation;
                                                                                                                               tions in paragraph (e)(3)(i) of this sec-
                                                                        (ii) A loan has an annual percentage
                                                                                                                               tion and the provisions of paragraph
                                                                     rate that may increase after con-
                                                                                                                               (e)(3) of this section are otherwise met.
                                                                     summation; or
                                                                        (iii) A loan is a reverse mortgage.                      (f) Loan originator qualification re-
                                                                        (3) Loan options presented. A trans-                   quirements. A loan originator for a con-
                                                                     action satisfies paragraph (e)(2) of this                 sumer credit transaction secured by a
                                                                     section only if the loan originator pre-                  dwelling must, when required by appli-
                                                                     sents the loan options required by that                   cable State or Federal law, be reg-
                                                                     paragraph and all of the following con-                   istered and licensed in accordance with
                                                                     ditions are met:                                          those laws, including the Secure and
                                                                        (i) The loan originator must obtain                    Fair Enforcement for Mortgage Licens-
                                                                     loan options from a significant number                    ing Act of 2008 (SAFE Act, 12 U.S.C.
                                                                     of the creditors with which the origi-                    5102 et seq.), its implementing regula-
                                                                     nator regularly does business and, for                    tions (12 CFR part 1007 or part 1008),
                                                                     each type of transaction in which the                     and State SAFE Act implementing
                                                                     consumer expressed an interest, must                      law. To comply with this paragraph (f),
                                                                     present the consumer with loan options                    a loan originator organization that is
                                                                     that include:                                             not a government agency or State
                                                                        (A) The loan with the lowest interest                  housing finance agency must:
                                                                     rate;                                                       (1) Comply with all applicable State
                                                                        (B) The loan with the lowest interest                  law requirements for legal existence
                                                                     rate without negative amortization, a                     and foreign qualification;
                                                                     prepayment penalty, interest-only pay-                      (2) Ensure that each individual loan
                                                                     ments, a balloon payment in the first 7                   originator who works for the loan
                                                                     years of the life of the loan, a demand                   originator organization is licensed or
                                                                     feature, shared equity, or shared appre-                  registered to the extent the individual
                                                                     ciation; or, in the case of a reverse                     is required to be licensed or registered
                                                                     mortgage, a loan without a prepay-                        under the SAFE Act, its implementing
                                                                     ment penalty, or shared equity or                         regulations, and State SAFE Act im-
                                                                     shared appreciation; and                                  plementing law before the individual
                                                                        (C) The loan with the lowest total                     acts as a loan originator in a consumer




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                                                                     dollar amount of discount points, origi-                  credit transaction secured by a dwell-
                                                                     nation points or origination fees (or, if                 ing; and

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                                                                     § 1026.36                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (3) For each of its individual loan                    background standards in effect at the
                                                                     originator employees who is not re-                       time of hire or before January 1, 2014,
                                                                     quired to be licensed and is not li-                      used to screen the individual) and for
                                                                     censed as a loan originator pursuant to                   any individual regardless of when hired
                                                                     § 1008.103 of this chapter or State SAFE                  who, based on reliable information
                                                                     Act implementing law:                                     known to the loan originator organiza-
                                                                        (i) Obtain for any individual whom                     tion, likely does not meet the stand-
                                                                     the loan originator organization hired                    ards under this paragraph (f)(3)(ii), be-
                                                                     on or after January 1, 2014 (or whom                      fore the individual acts as a loan origi-
                                                                     the loan originator organization hired                    nator in a consumer credit transaction
                                                                     before this date but for whom there                       secured by a dwelling, that the indi-
                                                                     were no applicable statutory or regu-                     vidual loan originator:
                                                                     latory background standards in effect
                                                                                                                                  (A)(1) Has not been convicted of, or
                                                                     at the time of hire or before January 1,
                                                                                                                               pleaded guilty or nolo contendere to, a
                                                                     2014, used to screen the individual) and
                                                                                                                               felony in a domestic or military court
                                                                     for any individual regardless of when
                                                                                                                               during the preceding seven-year period
                                                                     hired who, based on reliable informa-
                                                                     tion known to the loan originator orga-                   or, in the case of a felony involving an
                                                                     nization, likely does not meet the                        act of fraud, dishonesty, a breach of
                                                                     standards under § 1026.36(f)(3)(ii), before               trust, or money laundering, at any
                                                                     the individual acts as a loan originator                  time;
                                                                     in a consumer credit transaction se-                         (2) For purposes of this paragraph
                                                                     cured by a dwelling:                                      (f)(3)(ii)(A):
                                                                        (A) A criminal background check                           (i) A crime is a felony only if at the
                                                                     through the Nationwide Mortgage Li-                       time of conviction it was classified as a
                                                                     censing System and Registry (NMLSR)                       felony under the law of the jurisdiction
                                                                     or, in the case of an individual loan                     under which the individual was con-
                                                                     originator who is not a registered loan                   victed;
                                                                     originator under the NMLSR, a crimi-                         (ii) Expunged convictions and par-
                                                                     nal background check from a law en-                       doned convictions do not render an in-
                                                                     forcement agency or commercial serv-                      dividual unqualified; and
                                                                     ice;                                                         (iii) A conviction or plea of guilty or
                                                                        (B) A credit report from a consumer                    nolo contendere does not render an indi-
                                                                     reporting agency described in section                     vidual unqualified under this § 1026.36(f)
                                                                     603(p) of the Fair Credit Reporting Act                   if the loan originator organization has
                                                                     (15 U.S.C. 1681a(p)) secured, where ap-                   obtained consent to employ the indi-
                                                                     plicable, in compliance with the re-
                                                                                                                               vidual from the Federal Deposit Insur-
                                                                     quirements of section 604(b) of the Fair
                                                                                                                               ance Corporation (or the Board of Gov-
                                                                     Credit Reporting Act, 15 U.S.C.
                                                                                                                               ernors of the Federal Reserve System,
                                                                     1681b(b); and
                                                                                                                               as applicable) pursuant to section 19 of
                                                                        (C) Information from the NMLSR
                                                                     about any administrative, civil, or                       the Federal Deposit Insurance Act
                                                                     criminal findings by any government                       (FDIA), 12 U.S.C. 1829, the National
                                                                     jurisdiction or, in the case of an indi-                  Credit Union Administration pursuant
                                                                     vidual loan originator who is not a reg-                  to section 205 of the Federal Credit
                                                                     istered loan originator under the                         Union Act (FCUA), 12 U.S.C. 1785(d), or
                                                                     NMLSR, such information from the in-                      the Farm Credit Administration pursu-
                                                                     dividual loan originator;                                 ant to section 5.65(d) of the Farm Cred-
                                                                        (ii) Determine on the basis of the in-                 it Act of 1971 (FCA), 12 U.S.C. 227a–
                                                                     formation obtained pursuant to para-                      14(d), notwithstanding the bars posed
                                                                     graph (f)(3)(i) of this section and any                   with respect to that conviction or plea
                                                                     other information reasonably available                    by the FDIA, FCUA, and FCA, as appli-
                                                                     to the loan originator organization, for                  cable; and
                                                                     any individual whom the loan origi-                          (B) Has demonstrated financial re-
                                                                     nator organization hired on or after                      sponsibility, character, and general fit-
                                                                     January 1, 2014 (or whom the loan                         ness such as to warrant a determina-
                                                                     originator organization hired before                      tion that the individual loan originator




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                                                                     this date but for whom there were no                      will operate honestly, fairly, and effi-
                                                                     applicable statutory or regulatory                        ciently; and

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.36

                                                                        (iii) Provide periodic training cov-                     (2) No waivers of Federal statutory
                                                                     ering Federal and State law require-                      causes of action. A contract or other
                                                                     ments that apply to the individual loan                   agreement relating to a consumer cred-
                                                                     originator’s loan origination activities.                 it transaction secured by a dwelling
                                                                        (g) Name and NMLSR ID on loan docu-                    (including a home equity line of credit
                                                                     ments. (1) For a consumer credit trans-                   secured by the consumer’s principal
                                                                     action secured by a dwelling, a loan                      dwelling) may not be applied or inter-
                                                                     originator organization must include                      preted to bar a consumer from bringing
                                                                     on the loan documents described in                        a claim in court pursuant to any provi-
                                                                     paragraph (g)(2) of this section, when-                   sion of law for damages or other relief
                                                                     ever each such loan document is pro-                      in connection with any alleged viola-
                                                                     vided to a consumer or presented to a
                                                                                                                               tion of any Federal law. This prohibi-
                                                                     consumer for signature, as applicable:
                                                                                                                               tion does not limit a consumer and
                                                                        (i) Its name and NMLSR ID, if the
                                                                     NMLSR has provided it an NMLSR ID;                        creditor or any assignee from agreeing,
                                                                     and                                                       after a dispute or claim under the
                                                                        (ii) The name of the individual loan                   transaction arises, to settle or use ar-
                                                                     originator (as the name appears in the                    bitration or other non-judicial proce-
                                                                     NMLSR) with primary responsibility                        dure to resolve that dispute or claim.
                                                                     for the origination and, if the NMLSR                       (i) Prohibition on financing credit in-
                                                                     has provided such person an NMLSR                         surance. (1) A creditor may not finance,
                                                                     ID, that NMLSR ID.                                        directly or indirectly, any premiums or
                                                                        (2) The loan documents that must in-                   fees for credit insurance in connection
                                                                     clude the names and NMLSR IDs pur-                        with a consumer credit transaction se-
                                                                     suant to paragraph (g)(1) of this section                 cured by a dwelling (including a home
                                                                     are:                                                      equity line of credit secured by the
                                                                        (i) The credit application;                            consumer’s principal dwelling). This
                                                                        (ii) The disclosures required by                       prohibition does not apply to credit in-
                                                                     § 1026.19 (e) and (f);                                    surance for which premiums or fees are
                                                                        (iii) The note or loan contract; and                   calculated and paid in full on a month-
                                                                        (iv) The security instrument.                          ly basis.
                                                                        (3) For purposes of this section,                        (2) For purposes of this paragraph (i):
                                                                     NMLSR ID means a number assigned
                                                                                                                                 (i) ‘‘Credit insurance’’:
                                                                     by the Nationwide Mortgage Licensing
                                                                     System and Registry to facilitate elec-                     (A) Means credit life, credit dis-
                                                                     tronic tracking and uniform identifica-                   ability, credit unemployment, or credit
                                                                     tion of loan originators and public ac-                   property insurance, or any other acci-
                                                                     cess to the employment history of, and                    dent, loss-of-income, life, or health in-
                                                                     the publicly adjudicated disciplinary                     surance, or any payments directly or
                                                                     and enforcement actions against, loan                     indirectly for any debt cancellation or
                                                                     originators.                                              suspension agreement or contract, but
                                                                        (h) Prohibition on mandatory arbitra-                    (B) Excludes credit unemployment
                                                                     tion clauses and waivers of certain con-                  insurance for which the unemployment
                                                                     sumer rights—(1) Arbitration. A contract                  insurance premiums are reasonable,
                                                                     or other agreement for a consumer                         the creditor receives no direct or indi-
                                                                     credit transaction secured by a dwell-                    rect compensation in connection with
                                                                     ing (including a home equity line of                      the unemployment insurance pre-
                                                                     credit secured by the consumer’s prin-                    miums, and the unemployment insur-
                                                                     cipal dwelling) may not include terms                     ance premiums are paid pursuant to a
                                                                     that require arbitration or any other                     separate insurance contract and are
                                                                     non-judicial procedure to resolve any                     not paid to an affiliate of the creditor;
                                                                     controversy or settle any claims aris-                      (ii) A creditor finances premiums or
                                                                     ing out of the transaction. This prohi-
                                                                                                                               fees for credit insurance if it provides a
                                                                     bition does not limit a consumer and
                                                                                                                               consumer the right to defer payment of
                                                                     creditor or any assignee from agreeing,
                                                                     after a dispute or claim under the                        a credit insurance premium or fee owed
                                                                     transaction arises, to settle or use ar-                  by the consumer beyond the monthly




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                                                                     bitration or other non-judicial proce-                    period in which the premium or fee is
                                                                     dure to resolve that dispute or claim.                    due; and

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                                                                     § 1026.37                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (iii) Credit insurance premiums or                       (3) Steering prohibited. A creditor that
                                                                     fees are calculated on a monthly basis                    extends credit to a first-time borrower
                                                                     if they are determined mathematically                     in connection with a closed-end trans-
                                                                     by multiplying a rate by the actual                       action secured by a dwelling, other
                                                                     monthly outstanding balance.                              than a reverse mortgage transaction
                                                                        (j) Policies and procedures to ensure                  subject to § 1026.33 or a transaction se-
                                                                     and monitor compliance. (1) A depository                  cured by a consumer’s interest in a
                                                                     institution must establish and main-                      timeshare plan described in 11 U.S.C.
                                                                     tain written policies and procedures                      101(53D), that may result in negative
                                                                     reasonably designed to ensure and                         amortization shall not steer or other-
                                                                     monitor the compliance of the deposi-                     wise direct a consumer to choose a par-
                                                                     tory institution, its employees, its sub-                 ticular counselor or counseling organi-
                                                                     sidiaries, and its subsidiaries’ employ-                  zation for the counseling required
                                                                     ees with the requirements of para-                        under this paragraph (k).
                                                                     graphs (d), (e), (f), and (g) of this sec-                [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                     tion. These written policies and proce-                   FR 6966, Jan. 31, 2013; 78 FR 11006, Feb. 14,
                                                                     dures must be appropriate to the na-                      2013; 78 FR 11410, Feb. 15, 2013; 78 FR 60441,
                                                                     ture, size, complexity, and scope of the                  Oct. 1, 2013; 80 FR 8776, Feb. 19, 2015; 81 FR
                                                                     mortgage lending activities of the de-                    72388, Oct. 19, 2016; 86 FR 69781, Dec. 8, 2021]
                                                                     pository institution and its subsidi-
                                                                     aries.                                                    § 1026.37 Content of disclosures for
                                                                                                                                   certain   mortgage   transactions
                                                                        (2) For purposes of this paragraph (j),                    (Loan Estimate).
                                                                     ‘‘depository institution’’ has the mean-
                                                                     ing in section 1503(3) of the SAFE Act,                      For each transaction subject to
                                                                     12 U.S.C. 5102(3). For purposes of this                   § 1026.19(e), the creditor shall disclose
                                                                     paragraph (j), ‘‘subsidiary’’ has the                     the information in this section:
                                                                     meaning in section 3 of the Federal De-                      (a) General information—(1) Form title.
                                                                     posit Insurance Act, 12 U.S.C. 1813.                      The title of the form, ‘‘Loan Esti-
                                                                        (k) Negative amortization counseling.                  mate,’’ using that term.
                                                                     (1) Counseling required. A creditor shall                    (2) Form purpose. The statement,
                                                                     not extend credit to a first-time bor-                    ‘‘Save this Loan Estimate to compare
                                                                     rower in connection with a closed-end                     with your Closing Disclosure.’’
                                                                     transaction secured by a dwelling,                           (3) Creditor. The name and address of
                                                                     other than a reverse mortgage trans-                      the creditor making the disclosures.
                                                                     action subject to § 1026.33 or a trans-                      (4) Date issued. The date the disclo-
                                                                     action secured by a consumer’s interest                   sures are mailed or delivered to the
                                                                     in a timeshare plan described in 11                       consumer by the creditor, labeled
                                                                     U.S.C. 101(53D), that may result in neg-                  ‘‘Date Issued.’’
                                                                     ative amortization, unless the creditor                      (5) Applicants. The name and mailing
                                                                     receives documentation that the con-                      address of the consumer(s) applying for
                                                                     sumer has obtained homeownership                          the credit, labeled ‘‘Applicants.’’
                                                                     counseling from a counseling organiza-                       (6) Property. The address including
                                                                     tion or counselor certified or approved                   the zip code of the property that se-
                                                                     by the U.S. Department of Housing and                     cures or will secure the transaction, or
                                                                     Urban Development to provide such                         if the address is unavailable, the loca-
                                                                     counseling.                                               tion of such property including a zip
                                                                        (2) Definitions. For the purposes of                   code, labeled ‘‘Property.’’
                                                                     this paragraph (k), the following defi-                      (7) Sale price. (i) For transactions
                                                                     nitions apply:                                            that involve a seller, the contract sale
                                                                        (i) A ‘‘first-time borrower’’ means a                  price of the property identified in para-
                                                                     consumer who has not previously re-                       graph (a)(6) of this section, labeled
                                                                     ceived a closed-end credit transaction                    ‘‘Sale Price.’’
                                                                     or open-end credit plan secured by a                         (ii) For transactions that do not in-
                                                                     dwelling.                                                 volve a seller, the estimated value of
                                                                        (ii) ‘‘Negative amortization’’ means a                 the property identified in paragraph
                                                                     payment schedule with regular periodic                    (a)(6), labeled ‘‘Prop. Value.’’




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                                                                     payments that cause the principal bal-                       (8) Loan term. The term to maturity
                                                                     ance to increase.                                         of the credit transaction, stated in

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.37

                                                                     years or months, or both, as applicable,                  the creditor shall disclose the loan
                                                                     labeled ‘‘Loan Term.’’                                    product as a ‘‘Fixed Rate.’’
                                                                       (9) Purpose. The consumer’s intended                      (ii) The description of the loan prod-
                                                                     use for the credit, labeled ‘‘Purpose,’’                  uct shall include the features that may
                                                                     using one of the following terms:                         change the periodic payment using the
                                                                       (i) Purchase. If the credit is to finance               following terms, subject to paragraph
                                                                     the acquisition of the property identi-                   (a)(10)(iii) of this section, as applicable:
                                                                     fied in paragraph (a)(6) of this section,                   (A) Negative amortization. If the prin-
                                                                     the creditor shall disclose that the loan                 cipal balance may increase due to the
                                                                     is for a ‘‘Purchase.’’                                    addition of accrued interest to the
                                                                       (ii) Refinance. If the credit is not for                principal balance, the creditor shall
                                                                     the purpose described in paragraph
                                                                                                                               disclose that the loan product has a
                                                                     (a)(9)(i) of this section, and if the credit
                                                                                                                               ‘‘Negative Amortization’’ feature.
                                                                     will be used to refinance an existing
                                                                     obligation, as defined in § 1026.20(a) (but                 (B) Interest only. If one or more reg-
                                                                     without regard to whether the creditor                    ular periodic payments may be applied
                                                                     is the original creditor or a holder or                   only to interest accrued and not to the
                                                                     servicer of the original obligation),                     loan principal, the creditor shall dis-
                                                                     that is secured by the property identi-                   close that the loan product has an ‘‘In-
                                                                     fied in paragraph (a)(6) of this section,                 terest Only’’ feature.
                                                                     the creditor shall disclose that the loan                   (C) Step payment. If scheduled vari-
                                                                     is for a ‘‘Refinance.’’                                   ations in regular periodic payment
                                                                       (iii) Construction. If the credit is not                amounts occur that are not caused by
                                                                     for one of the purposes described in                      changes to the interest rate during the
                                                                     paragraphs (a)(9)(i) or (ii) of this sec-                 loan term, the creditor shall disclose
                                                                     tion and the credit will be used to fi-                   that the loan product has a ‘‘Step Pay-
                                                                     nance the initial construction of a                       ment’’ feature.
                                                                     dwelling on the property identified in                      (D) Balloon payment. If the terms of
                                                                     paragraph (a)(6) of this section, the                     the legal obligation include a ‘‘balloon
                                                                     creditor shall disclose that the loan is                  payment,’’ as that term is defined in
                                                                     for ‘‘Construction.’’                                     paragraph (b)(5) of this section, the
                                                                       (iv) Home equity loan. If the credit is                 creditor shall disclose that the loan
                                                                     not for one of the purposes described in                  has a ‘‘Balloon Payment’’ feature.
                                                                     paragraphs (a)(9)(i) through (iii) of this                  (E) Seasonal payment. If the terms of
                                                                     section, the creditor shall disclose that                 the legal obligation expressly provide
                                                                     the loan is a ‘‘Home Equity Loan.’’                       that regular periodic payments are not
                                                                       (10) Product. A description of the loan                 scheduled between specified unit-peri-
                                                                     product, labeled ‘‘Product.’’                             ods on a regular basis, the creditor
                                                                       (i) The description of the loan prod-                   shall disclose that the loan product has
                                                                     uct shall include one of the following
                                                                                                                               a ‘‘Seasonal Payment’’ feature.
                                                                     terms:
                                                                                                                                 (iii) The disclosure of a loan feature
                                                                       (A) Adjustable rate. If the interest
                                                                     rate may increase after consummation,                     under paragraph (a)(10)(ii) of this sec-
                                                                     but the rates that will apply or the pe-                  tion shall precede the disclosure of the
                                                                     riods for which they will apply are not                   loan product under paragraph (a)(10)(i)
                                                                     known at consummation, the creditor                       of this section. If a transaction has
                                                                     shall disclose the loan product as an                     more than one of the loan features de-
                                                                     ‘‘Adjustable Rate.’’                                      scribed in paragraph (a)(10)(ii) of this
                                                                       (B) Step rate. If the interest rate will                section, the creditor shall disclose only
                                                                     change after consummation, and the                        the first applicable feature in the order
                                                                     rates that will apply and the periods                     the features are listed in paragraph
                                                                     for which they will apply are known at                    (a)(10)(ii) of this section.
                                                                     consummation, the creditor shall dis-                       (iv) The disclosures required by para-
                                                                     close the loan product as a ‘‘Step                        graphs (a)(10)(i)(A) and (B), and
                                                                     Rate.’’                                                   (a)(10)(ii)(A) through (D) of this section
                                                                       (C) Fixed rate. If the loan product is                  must each be preceded by the duration
                                                                     not an Adjustable Rate or a Step Rate,                    of any introductory rate or payment




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                                                                     as described in paragraphs (a)(10)(i)(A)                  period, and the first adjustment period,
                                                                     and (B) of this section, respectively,                    as applicable.

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                                                                     § 1026.37                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (11) Loan type. The type of loan, la-                     (2) Interest rate. The interest rate
                                                                     beled ‘‘Loan Type,’’ offered to the con-                  that will be applicable to the trans-
                                                                     sumer using one of the following terms,                   action at consummation, labeled ‘‘In-
                                                                     as applicable:                                            terest Rate.’’ For an adjustable rate
                                                                       (i) Conventional. If the loan is not                    transaction, if the interest rate at con-
                                                                     guaranteed or insured by a Federal or                     summation is not known, the rate dis-
                                                                     State government agency, the creditor                     closed shall be the fully-indexed rate,
                                                                     shall disclose that the loan is a ‘‘Con-                  which, for purposes of this paragraph,
                                                                     ventional.’’                                              means the interest rate calculated
                                                                       (ii) FHA. If the loan is insured by the                 using the index value and margin at
                                                                     Federal Housing Administration, the                       the time of consummation.
                                                                     creditor shall disclose that the loan is                    (3) Principal and interest payment. The
                                                                     an ‘‘FHA.’’                                               initial periodic payment amount that
                                                                       (iii) VA. If the loan is guaranteed by                  will be due under the terms of the legal
                                                                     the U.S. Department of Veterans Af-                       obligation, labeled ‘‘Principal & Inter-
                                                                     fairs, the creditor shall disclose that                   est,’’ immediately preceded by the ap-
                                                                     the loan is a ‘‘VA.’’                                     plicable unit-period, and a statement
                                                                                                                               referring to the payment amount that
                                                                       (iv) Other. For federally-insured or
                                                                                                                               includes any mortgage insurance and
                                                                     guaranteed loans other than those de-
                                                                                                                               escrow payments that is required to be
                                                                     scribed in paragraphs (a)(11)(ii) and (iii)
                                                                                                                               disclosed pursuant to paragraph (c) of
                                                                     of this section, and for loans insured or
                                                                                                                               this section. If the interest rate at con-
                                                                     guaranteed by a State agency, the
                                                                                                                               summation is not known, the amount
                                                                     creditor shall disclose the loan type as
                                                                                                                               disclosed shall be calculated using the
                                                                     ‘‘Other,’’ and provide a brief descrip-
                                                                                                                               fully-indexed rate disclosed under para-
                                                                     tion of the loan type.
                                                                                                                               graph (b)(2) of this section.
                                                                       (12) Loan identification number (Loan                     (4) Prepayment penalty. A statement
                                                                     ID #). A number that may be used by                       of whether the transaction includes a
                                                                     the creditor, consumer, and other par-                    prepayment penalty, labeled ‘‘Prepay-
                                                                     ties to identify the transaction, labeled                 ment Penalty.’’ For purposes of this
                                                                     ‘‘Loan ID #.’’                                            paragraph (b)(4), ‘‘prepayment pen-
                                                                       (13) Rate lock. A statement of whether                  alty’’ means a charge imposed for pay-
                                                                     the interest rate disclosed pursuant to                   ing all or part of a transaction’s prin-
                                                                     paragraph (b)(2) of this section is                       cipal before the date on which the prin-
                                                                     locked for a specific period of time, la-                 cipal is due, other than a waived, bona
                                                                     beled ‘‘Rate Lock.’’                                      fide third-party charge that the cred-
                                                                       (i) For transactions in which the in-                   itor imposes if the consumer prepays
                                                                     terest rate is locked for a specific pe-                  all of the transaction’s principal sooner
                                                                     riod of time, the creditor must provide                   than 36 months after consummation.
                                                                     the date and time (including the appli-                     (5) Balloon payment. A statement of
                                                                     cable time zone) when that period ends.                   whether the transaction includes a bal-
                                                                       (ii) The ‘‘Rate Lock’’ statement re-                    loon payment, labeled ‘‘Balloon Pay-
                                                                     quired by this paragraph (a)(13) shall be                 ment.’’ For purposes of this paragraph
                                                                     accompanied by a statement that the                       (b)(5), ‘‘balloon payment’’ means a pay-
                                                                     interest rate, any points, and any lend-                  ment that is more than two times a
                                                                     er credits may change unless the inter-                   regular periodic payment. ‘‘Balloon
                                                                     est rate has been locked, and the date                    payment’’ includes the payment or
                                                                     and time (including the applicable time                   payments under a transaction that re-
                                                                     zone) at which estimated closing costs                    quires only one or two payments dur-
                                                                     expire.                                                   ing the loan term.
                                                                       (b) Loan terms. A separate table under                    (6) Adjustments after consummation.
                                                                     the heading ‘‘Loan Terms’’ that con-                      For each amount required to be dis-
                                                                     tains the following information and                       closed by paragraphs (b)(1) through (3)
                                                                     that satisfies the following require-                     of this section, a statement of whether
                                                                     ments:                                                    the amount may increase after con-
                                                                       (1) Loan amount. The total amount                       summation as an affirmative or nega-
                                                                     the consumer will borrow, as reflected                    tive answer to the question, and under




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                                                                     by the face amount of the note, labeled                   such question disclosed as a sub-
                                                                     ‘‘Loan Amount.’’                                          heading, ‘‘Can this amount increase

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.37

                                                                     after closing?’’ and, in the case of an                   ment penalty or balloon payment is re-
                                                                     affirmative answer, the following addi-                   quired to be disclosed, the following in-
                                                                     tional information, as applicable:                        formation shall be included, as applica-
                                                                       (i) Adjustment in loan amount. The                      ble:
                                                                     maximum principal balance for the                           (i) The maximum amount of the pre-
                                                                     transaction and the due date of the last                  payment penalty that may be imposed
                                                                     payment that may cause the principal                      and the date when the period during
                                                                     balance to increase. The disclosure fur-                  which the penalty may be imposed ter-
                                                                     ther shall indicate whether the max-                      minates; and
                                                                     imum principal balance is potential or                      (ii) The maximum amount of the bal-
                                                                     is scheduled to occur under the terms                     loon payment and the due date of such
                                                                     of the legal obligation.                                  payment.
                                                                       (ii) Adjustment in interest rate. The                     (8) Timing. (i) The dates required to
                                                                     frequency of interest rate adjustments,                   be disclosed by paragraph (b)(6)(ii) of
                                                                     the date when the interest rate may                       this section shall be disclosed as the
                                                                     first adjust, the maximum interest                        year in which the event occurs, count-
                                                                     rate, and the first date when the inter-                  ing from the date that interest for the
                                                                     est rate can reach the maximum inter-                     first scheduled periodic payment be-
                                                                     est rate, followed by a reference to the                  gins to accrue after consummation.
                                                                     disclosure required by paragraph (j) of                     (ii) The dates required to be disclosed
                                                                     this section. If the loan term, as de-                    by paragraphs (b)(6)(i), (b)(6)(iii) and
                                                                     fined under paragraph (a)(8) of this sec-                 (b)(7)(ii) of this section shall be dis-
                                                                     tion, may increase based on an interest                   closed as the year in which the event
                                                                     rate adjustment, the disclosure re-                       occurs, counting from the due date of
                                                                     quired by this paragraph (b)(6)(ii) shall                 the initial periodic payment.
                                                                     also state that fact and the maximum                        (iii) The date required to be disclosed
                                                                     possible loan term determined in ac-                      by paragraph (b)(7)(i) of this section
                                                                     cordance with paragraph (a)(8) of this                    shall be disclosed as the year in which
                                                                     section.                                                  the event occurs, counting from the
                                                                       (iii) Increase in periodic payment. The                 date of consummation.
                                                                     scheduled frequency of adjustments to                       (c) Projected payments. In a separate
                                                                     the periodic principal and interest pay-                  table under the heading ‘‘Projected
                                                                     ment, the due date of the first adjusted                  Payments,’’ an itemization of each sep-
                                                                     principal and interest payment, the                       arate periodic payment or range of
                                                                     maximum possible periodic principal                       payments, together with an estimate of
                                                                     and interest payment, and the date                        taxes, insurance, and assessments and
                                                                     when the periodic principal and inter-                    the payments to be made with escrow
                                                                     est payment may first equal the max-                      account funds.
                                                                     imum principal and interest payment.                        (1) Periodic payment or range of pay-
                                                                     If any adjustments to the principal and                   ments. (i) The initial periodic payment
                                                                     interest payment are not the result of                    or range of payments is a separate peri-
                                                                     a change to the interest rate, a ref-                     odic payment or range of payments
                                                                     erence to the disclosure required by                      and, except as otherwise provided in
                                                                     paragraph (i) of this section. If there is                paragraph (c)(1)(ii) and (iii) of this sec-
                                                                     a period during which only interest is                    tion, the following events require the
                                                                     required to be paid, the disclosure re-                   disclosure of additional separate peri-
                                                                     quired by this paragraph (b)(6)(iii) shall                odic payments or ranges of payments:
                                                                     also state that fact and the due date of                    (A) The periodic principal and inter-
                                                                     the last periodic payment of such pe-                     est payment or range of such payments
                                                                     riod.                                                     may change;
                                                                       (7) Details about prepayment penalty                      (B) A scheduled balloon payment, as
                                                                     and balloon payment. The information                      defined in paragraph (b)(5) of this sec-
                                                                     required to be disclosed by paragraphs                    tion;
                                                                     (b)(4) and (5) of this section shall be                     (C) The creditor must automatically
                                                                     disclosed as an affirmative or negative                   terminate mortgage insurance or any
                                                                     answer to the question, and under such                    functional equivalent under applicable
                                                                     question disclosed as a subheading,                       law; and




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                                                                     ‘‘Does the loan have these features?’’ If                   (D) The anniversary of the due date
                                                                     an affirmative answer for a prepay-                       of the initial periodic payment or

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                                                                     § 1026.37                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     range of payments that immediately                        pursuant to paragraph (c)(1)(ii) of this
                                                                     follows the occurrence of multiple                        section;
                                                                     events      described     in    paragraph                   (B) Multiple events described in para-
                                                                     (c)(1)(i)(A) of this section during a sin-                graph (c)(1)(i)(A) of this section occur
                                                                     gle year.                                                 during a single year or an event de-
                                                                       (ii) The table required by this para-                   scribed in paragraph (c)(1)(i)(A) of this
                                                                     graph (c) shall not disclose more than                    section occurs during the same year as
                                                                     four separate periodic payments or                        the initial periodic payment or range
                                                                     ranges of payments. For all events re-                    of payments, in which case the creditor
                                                                     quiring disclosure of additional sepa-                    discloses the range of payments that
                                                                     rate periodic payments or ranges of                       would apply during the year in which
                                                                     payments       described   in   paragraph                 the events occur; or
                                                                     (c)(1)(i)(A) through (D) of this section                    (C) The periodic principal and inter-
                                                                     occurring after the third separate peri-                  est payment may adjust based on index
                                                                     odic payment or range of payments dis-                    rates at the time an interest rate ad-
                                                                     closed, the separate periodic payments                    justment may occur.
                                                                     or ranges of payments shall be dis-                         (2) Itemization. Each separate periodic
                                                                     closed as a single range of payments,                     payment or range of payments dis-
                                                                     subject to the following exceptions:                      closed on the table required by this
                                                                       (A) A balloon payment that is sched-                    paragraph (c) shall be itemized as fol-
                                                                     uled as a final payment under the                         lows:
                                                                     terms of the legal obligation shall al-                     (i) The amount payable for principal
                                                                     ways be disclosed as a separate periodic                  and interest, labeled ‘‘Principal & In-
                                                                     payment or range of payments, in                          terest,’’ including the term ‘‘only in-
                                                                     which case all events requiring disclo-                   terest’’ if the payment or range of pay-
                                                                     sure of additional separate periodic                      ments includes any interest only pay-
                                                                     payments or ranges of payments de-                        ment:
                                                                     scribed     in    paragraph    (c)(1)(i)(A)                 (A) In the case of a loan that has an
                                                                     through (D) of this section occurring                     adjustable interest rate, the maximum
                                                                     after the second separate periodic pay-                   principal     and    interest   payment
                                                                     ment or range of payments disclosed,                      amounts are determined by assuming
                                                                     other than the balloon payment that is                    that the interest rate in effect
                                                                     scheduled as a final payment, shall be                    throughout the loan term is the max-
                                                                     disclosed as a single range of pay-                       imum possible interest rate, and the
                                                                     ments.                                                    minimum amounts are determined by
                                                                       (B) The automatic termination of                        assuming that the interest rate in ef-
                                                                     mortgage insurance or any functional                      fect throughout the loan term is the
                                                                     equivalent under applicable law shall                     minimum possible interest rate;
                                                                     require disclosure of an additional sep-                    (B) In the case of a loan that has an
                                                                     arate periodic payment or range of                        adjustable interest rate and also con-
                                                                     payments only if the total number of                      tains a negative amortization feature,
                                                                     separate periodic payments or ranges                      the maximum principal and interest
                                                                     of payments otherwise disclosed pursu-                    payment amounts after the end of the
                                                                     ant to this paragraph (c)(1) does not ex-                 period of the loan’s term during which
                                                                     ceed three.                                               the loan’s principal balance may in-
                                                                       (iii) When a range of payments is re-                   crease due to the addition of accrued
                                                                     quired to be disclosed under this para-                   interest are determined by assuming
                                                                     graph (c)(1), the creditor must disclose                  the maximum principal amount per-
                                                                     the minimum and maximum amount                            mitted under the terms of the legal ob-
                                                                     for both the principal and interest pay-                  ligation at the end of such period, and
                                                                     ment under paragraph (c)(2)(i) of this                    the minimum amounts are determined
                                                                     section and the total periodic payment                    pursuant to paragraph (c)(2)(i)(A) of
                                                                     under paragraph (c)(2)(iv) of this sec-                   this section;
                                                                     tion. A range of payments is required                       (ii) The maximum amount payable
                                                                     to be disclosed under this paragraph                      for mortgage insurance premiums cor-
                                                                     (c)(1) when:                                              responding to the principal and inter-
                                                                       (A) Multiple events described in para-                  est payment disclosed pursuant to




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                                                                     graph (c)(1)(i) of this section are com-                  paragraph (c)(2)(i) of this section, la-
                                                                     bined in a single range of payments                       beled ‘‘Mortgage Insurance’’;

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.37

                                                                       (iii) The amount payable into an es-                      (v) A statement that the consumer
                                                                     crow account to pay some or all of the                    must pay separately any amounts de-
                                                                     charges       described    in   paragraph                 scribed in paragraph (c)(4)(ii) of this
                                                                     (c)(4)(ii), as applicable, labeled ‘‘Es-                  section that are not paid by the cred-
                                                                     crow,’’ together with a statement that                    itor using escrow account funds; and
                                                                     the amount disclosed can increase over                      (vi) A reference to the information
                                                                     time; and                                                 disclosed pursuant to paragraph (g)(3)
                                                                       (iv) The total periodic payment, cal-                   of this section.
                                                                     culated as the sum of the amounts dis-                      (5) Calculation of taxes and insurance.
                                                                     closed pursuant to paragraphs (c)(2)(i)                   For purposes of paragraphs (c)(2)(iii)
                                                                     through (iii) of this section, labeled                    and (c)(4)(ii) of this section, estimated
                                                                     ‘‘Total Monthly Payment.’’                                property taxes and homeowner’s insur-
                                                                       (3) Subheadings. (i) The labels re-                     ance shall reflect:
                                                                     quired pursuant to paragraph (c)(2) of                      (i) The taxable assessed value of the
                                                                     this section must be listed under the                     real property or cooperative unit secur-
                                                                     subheading ‘‘Payment Calculation.’’                       ing the transaction after consumma-
                                                                       (ii) Except as provided in paragraph                    tion, including the value of any im-
                                                                     (c)(3)(iii) of this section, each separate                provements on the property or to be
                                                                     periodic payment or range of payments                     constructed on the property, if known,
                                                                     to be disclosed under this paragraph (c)                  whether or not such construction will
                                                                     must be disclosed under a subheading                      be financed from the proceeds of the
                                                                     that states the years of the loan during                  transaction, for property taxes; and
                                                                     which that payment or range of pay-                         (ii) The replacement costs of the
                                                                     ments will apply. The subheadings                         property during the initial year after
                                                                     must be stated in a sequence of whole                     the transaction, for amounts identified
                                                                     years from the due date of the initial                    in § 1026.4(b)(8).
                                                                     periodic payment.                                           (d) Costs at closing—(1) Costs at closing
                                                                       (iii) A balloon payment that is sched-                  table. In a separate table, under the
                                                                     uled as a final payment under the                         heading ‘‘Costs at Closing’’:
                                                                     terms of the legal obligation must be                       (i) Labeled ‘‘Closing Costs,’’ the dol-
                                                                     disclosed under the subheading ‘‘Final                    lar amount disclosed pursuant to para-
                                                                     Payment.’’                                                graph (g)(6) of this section, together
                                                                       (4) Taxes, insurance, and assessments.                  with:
                                                                     Under the information required by                           (A) A statement that the amount dis-
                                                                     paragraphs (c)(1) through (3) of this                     closed pursuant to paragraph (d)(1)(i) of
                                                                     section:                                                  this section includes the amounts dis-
                                                                       (i) The label ‘‘Taxes, Insurance & As-                  closed pursuant to paragraphs (f)(4),
                                                                     sessments’’;                                              (g)(5), and (g)(6)(ii);
                                                                       (ii) The sum of the charges identified                    (B) The dollar amount disclosed pur-
                                                                     in § 1026.43(b)(8), other than amounts                    suant to paragraph (f)(4) of this sec-
                                                                     identified in § 1026.4(b)(5), expressed as                tion, labeled ‘‘Loan Costs’’;
                                                                     a monthly amount, even if no escrow                         (C) The dollar amount disclosed pur-
                                                                     account for the payment of some or                        suant to paragraph (g)(5) of this sec-
                                                                     any of such charges will be established;                  tion, labeled ‘‘Other Costs’’:
                                                                       (iii) A statement that the amount                         (D) The dollar amount disclosed pur-
                                                                     disclosed      pursuant    to   paragraph                 suant to paragraph (g)(6)(ii) of this sec-
                                                                     (c)(4)(ii) of this section can increase                   tion, labeled ‘‘Lender Credits’’; and
                                                                     over time;                                                  (E) A statement referring the con-
                                                                       (iv) A statement of whether the                         sumer to the tables disclosed pursuant
                                                                     amount disclosed pursuant to para-                        to paragraphs (f) and (g) of this section
                                                                     graph (c)(4)(ii) of this section includes                 for details.
                                                                     payments for property taxes, amounts                        (ii) Labeled ‘‘Cash to Close,’’ the dol-
                                                                     identified in § 1026.4(b)(8), and other                   lar amount calculated in accordance
                                                                     amounts        described   in   paragraph                 with paragraph (h)(1)(viii) of this sec-
                                                                     (c)(4)(ii) of this section, along with a                  tion, together with:
                                                                     description of any such other amounts,                      (A) A statement that the amount in-
                                                                     and an indication of whether such                         cludes the amount disclosed pursuant




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                                                                     amounts will be paid by the creditor                      to paragraph (d)(1)(i) of this section,
                                                                     using escrow account funds;                               and

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                                                                     § 1026.37                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (B) A statement referring the con-                      the points disclosed under paragraph
                                                                     sumer to the location of the table re-                    (f)(1)(i) of this section, shall not exceed
                                                                     quired pursuant to paragraph (h) of                       13.
                                                                     this section for details.                                    (2) Services you cannot shop for. Under
                                                                       (2) Optional alternative table for trans-               the subheading ‘‘Services You Cannot
                                                                     actions without a seller or for simulta-                  Shop For,’’ an itemization of each
                                                                     neous subordinate financing. For trans-                   amount, and a subtotal of all such
                                                                     actions that do not involve a seller or                   amounts, the consumer will pay for
                                                                     for simultaneous subordinate financ-                      settlement services for which the con-
                                                                     ing, instead of the amount and state-                     sumer cannot shop in accordance with
                                                                     ments described in paragraph (d)(1)(ii)                   § 1026.19(e)(1)(vi)(A) and that are pro-
                                                                     of this section, the creditor may alter-                  vided by persons other than the cred-
                                                                     natively disclose, using the label ‘‘Cash                 itor or mortgage broker.
                                                                     to Close’’:                                                  (i) For any item that is a component
                                                                       (i) The amount calculated in accord-                    of title insurance or is for conducting
                                                                     ance with paragraph (h)(2)(iv) of this                    the closing, the introductory descrip-
                                                                     section;                                                  tion ‘‘Title —’’ shall appear at the be-
                                                                       (ii) A statement of whether the dis-                    ginning of the label for that item.
                                                                     closed estimated amount is due from or                       (ii) The number of items disclosed
                                                                     to the consumer; and                                      under this paragraph (f)(2) shall not ex-
                                                                       (iii) A statement referring the con-                    ceed 13.
                                                                     sumer to the alternative table dis-
                                                                                                                                  (3) Services you can shop for. Under
                                                                     closed pursuant to paragraph (h)(2) of
                                                                                                                               the subheading ‘‘Services You Can
                                                                     this section for details.
                                                                                                                               Shop For,’’ an itemization of each
                                                                       (e) Web site reference. A statement
                                                                                                                               amount and a subtotal of all such
                                                                     that the consumer may obtain general
                                                                                                                               amounts the consumer will pay for set-
                                                                     information and tools at the Web site
                                                                                                                               tlement services for which the con-
                                                                     of the Bureau, and the link or uniform
                                                                                                                               sumer can shop in accordance with
                                                                     resource locator address to the Web
                                                                                                                               § 1026.19(e)(1)(vi)(A) and that are pro-
                                                                     site: www.consumerfinance.gov/mortgage-
                                                                                                                               vided by persons other than the cred-
                                                                     estimate.
                                                                                                                               itor or mortgage broker.
                                                                       (f) Closing cost details; loan costs.
                                                                                                                                  (i) For any item that is a component
                                                                     Under the master heading ‘‘Closing
                                                                                                                               of title insurance or is for conducting
                                                                     Cost Details,’’ in a table under the
                                                                                                                               the closing, the introductory descrip-
                                                                     heading ‘‘Loan Costs,’’ all loan costs
                                                                                                                               tion ‘‘Title —’’ shall appear at the be-
                                                                     associated with the transaction. The
                                                                                                                               ginning of the label for that item.
                                                                     table shall contain the items and
                                                                     amounts listed under four subheadings,                       (ii) The number of items disclosed
                                                                     described in paragraphs (f)(1) through                    under this paragraph (f)(3) shall not ex-
                                                                     (4) of this section.                                      ceed 14.
                                                                       (1) Origination charges. Under the sub-                    (4) Total loan costs. Under the sub-
                                                                     heading ‘‘Origination Charges,’’ an                       heading ‘‘Total Loan Costs,’’ the sum
                                                                     itemization of each amount, and a sub-                    of the subtotals disclosed under para-
                                                                     total of all such amounts, that the con-                  graphs (f)(1) through (3) of this section.
                                                                     sumer will pay to each creditor and                          (5) Item descriptions and ordering. The
                                                                     loan originator for originating and ex-                   items listed as loan costs pursuant to
                                                                     tending the credit.                                       this paragraph (f) shall be labeled using
                                                                       (i) The points paid to the creditor to                  terminology that describes each item,
                                                                     reduce the interest rate shall be                         subject to the requirements of para-
                                                                     itemized separately, as both a percent-                   graphs (f)(1)(i), (f)(2)(i), and (f)(3)(i) of
                                                                     age of the amount of credit extended                      this section.
                                                                     and a dollar amount, and using the                           (i) The item prescribed in paragraph
                                                                     label    ‘‘____%     of   Loan    Amount                  (f)(1)(i) of this section for points shall
                                                                     (Points).’’ If points to reduce the inter-                be the first item listed in the disclo-
                                                                     est rate are not paid, the disclosure re-                 sure pursuant to paragraph (f)(1) of this
                                                                     quired by this paragraph (f)(1)(i) must                   section.
                                                                     be blank.                                                    (ii) All other items must be listed in




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                                                                       (ii) The number of items disclosed                      alphabetical order by their labels under
                                                                     under this paragraph (f)(1), including                    the applicable subheading.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.37

                                                                        (6) Use of addenda. (i) An addendum                       (ii) On the second line, the sum of all
                                                                     to a form of disclosures prescribed by                    transfer taxes paid by the consumer,
                                                                     this section may not be used for items                    labeled ‘‘Transfer Taxes.’’
                                                                     described in paragraph (f)(1) or (2) of                      (iii) If an amount required to be dis-
                                                                     this section. If the creditor is not able                 closed by this paragraph (g)(1) is not
                                                                     to itemize every service and every cor-                   charged to the consumer, the amount
                                                                     responding charge required to be dis-                     disclosed on the applicable line re-
                                                                     closed in the number of lines provided                    quired by this paragraph (g)(1) must be
                                                                     by paragraph (f)(1)(ii) or (f)(2)(ii) of this             blank.
                                                                     section, the remaining charges shall be                      (2) Prepaids. Under the subheading
                                                                     disclosed as an aggregate amount in                       ‘‘Prepaids,’’ an itemization of the
                                                                     the last line permitted under para-                       amounts to be paid by the consumer in
                                                                     graph (f)(1)(ii) or (f)(2)(ii), as applica-               advance of the first scheduled pay-
                                                                     ble, labeled ‘‘Additional Charges.’’                      ment, and the subtotal of all such
                                                                        (ii) An addendum to a form of disclo-                  amounts, as follows:
                                                                     sures prescribed by this section may be                      (i) On the first line, the number of
                                                                     used for items described in paragraph                     months for which homeowner’s insur-
                                                                     (f)(3) of this section. If the creditor is                ance premiums are to be paid by the
                                                                     not able to itemize all of the charges                    consumer at consummation and the
                                                                     required to be disclosed in the number                    total dollar amount to be paid by the
                                                                     of lines provided by paragraph (f)(3)(ii),                consumer at consummation for such
                                                                     the remaining charges shall be dis-                       premiums, labeled ‘‘Homeowner’s In-
                                                                     closed as follows:                                        surance Premium ( ____ months).’’
                                                                        (A) Label the last line permitted                         (ii) On the second line, the number of
                                                                     under paragraph (f)(3)(ii) with an ap-                    months for which mortgage insurance
                                                                     propriate reference to an addendum                        premiums are to be paid by the con-
                                                                     and list the remaining items on the ad-                   sumer at consummation and the total
                                                                     dendum in accordance with the re-                         dollar amount to be paid by the con-
                                                                     quirements in paragraphs (f)(3) and (5)                   sumer at consummation for such pre-
                                                                     of this section; or                                       miums, labeled ‘‘Mortgage Insurance
                                                                        (B) Disclose the remaining charges as                  Premium ( ____ months).’’
                                                                     an aggregate amount in the last line                         (iii) On the third line, the amount of
                                                                     permitted under paragraph (f)(3)(ii), la-                 prepaid interest to be paid per day, the
                                                                     beled ‘‘Additional Charges.’’                             number of days for which prepaid inter-
                                                                        (g) Closing cost details; other costs.                 est will be collected, the interest rate,
                                                                     Under the master heading ‘‘Closing                        and the total dollar amount to be paid
                                                                     Cost Details,’’ in a table under the                      by the consumer at consummation for
                                                                     heading ‘‘Other Costs,’’ all costs associ-                such interest, labeled ‘‘Prepaid Interest
                                                                     ated with the transaction that are in                     ( ______ per day for ____ days @____ %).’’
                                                                     addition to the costs disclosed under                        (iv) On the fourth line, the number of
                                                                     paragraph (f) of this section. The table                  months for which property taxes are to
                                                                     shall contain the items and amounts                       be paid by the consumer at consumma-
                                                                     listed under six subheadings, described                   tion and the total dollar amount to be
                                                                     in paragraphs (g)(1) through (6) of this                  paid by the consumer at consummation
                                                                     section.                                                  for such taxes, labeled ‘‘Property Taxes
                                                                        (1) Taxes and other government fees.                   ( ____ months).’’
                                                                     Under the subheading ‘‘Taxes and                             (v) If an amount is not charged to the
                                                                     Other Government Fees,’’ the amounts                      consumer for any item for which this
                                                                     to be paid to State and local govern-                     paragraph (g)(2) prescribes a label, each
                                                                     ments for taxes and other government                      of the amounts required to be disclosed
                                                                     fees, and the subtotal of all such                        on that line must be blank.
                                                                     amounts, as follows:                                         (vi) A maximum of three additional
                                                                        (i) On the first line, the sum of all re-              items may be disclosed under this para-
                                                                     cording fees and other government fees                    graph (g)(2), and each additional item
                                                                     and taxes, except for transfer taxes                      must be identified and include the ap-
                                                                     paid by the consumer and disclosed                        plicable time period covered by the
                                                                     pursuant to paragraph (g)(1)(ii) of this                  amount to be paid by the consumer at




jspears on DSK121TN23PROD with CFR
                                                                     section, labeled ‘‘Recording Fees and                     consummation and the total amount to
                                                                     Other Taxes.’’                                            be paid.

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                                                                     § 1026.37                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (3) Initial escrow payment at closing.                  issuing the Loan Estimate, a descrip-
                                                                     Under the subheading ‘‘Initial Escrow                     tive label of each such amount, and the
                                                                     Payment at Closing,’’ an itemization of                   subtotal of all such amounts.
                                                                     the amounts that the consumer will be                        (i) For any item that is a component
                                                                     expected to place into a reserve or es-                   of title insurance, the introductory de-
                                                                     crow account at consummation to be                        scription ‘‘Title —’’ shall appear at the
                                                                     applied to recurring periodic charges,                    beginning of the label for that item.
                                                                     and the subtotal of all such amounts,                        (ii) The parenthetical description
                                                                     as follows:                                               ‘‘(optional)’’ shall appear at the end of
                                                                       (i) On the first line, the amount                       the label for items disclosing any pre-
                                                                     escrowed per month, the number of                         miums paid for separate insurance,
                                                                     months covered by an escrowed                             warranty, guarantee, or event-coverage
                                                                     amount collected at consummation,                         products.
                                                                     and the total amount to be paid into                         (iii) The number of items disclosed
                                                                     the escrow account by the consumer at                     under this paragraph (g)(4) shall not
                                                                     consummation for homeowner’s insur-                       exceed five.
                                                                     ance premiums, labeled ‘‘Homeowner’s                         (5) Total other costs. Under the sub-
                                                                     Insurance ____ per month for ____ mo.’’                   heading ‘‘Total Other Costs,’’ the sum
                                                                       (ii) On the second line, the amount                     of the subtotals disclosed pursuant to
                                                                     escrowed per month, the number of                         paragraphs (g)(1) through (4) of this
                                                                     months covered by an escrowed                             section.
                                                                     amount collected at consummation,                            (6) Total closing costs. Under the sub-
                                                                     and the total amount to be paid into                      heading ‘‘Total Closing Costs,’’ the
                                                                     the escrow account by the consumer at                     component amounts and their sum, as
                                                                     consummation for mortgage insurance                       follows:
                                                                     premiums, labeled ‘‘Mortgage Insur-                          (i) The sum of the amounts disclosed
                                                                     ance ____ per month for ____ mo.’’                        as loan costs and other costs under
                                                                       (iii) On the third line, the amount                     paragraphs (f)(4) and (g)(5) of this sec-
                                                                     escrowed per month, the number of                         tion, labeled ‘‘D + I’’; and
                                                                     months covered by an escrowed                                (ii) The amount of any lender credits,
                                                                     amount collected at consummation,                         disclosed as a negative number with
                                                                     and the total amount to be paid into                      the label ‘‘Lender Credits’’ provided
                                                                     the escrow account by the consumer at                     that, if no such amount is disclosed,
                                                                     consummation for property taxes, la-                      the amount must be blank.
                                                                     beled ‘‘Property Taxes ____ per month                        (7) Item descriptions and ordering. The
                                                                     for ____ mo.’’                                            items listed as other costs pursuant to
                                                                       (iv) If an amount is not charged to                     this paragraph (g) shall be labeled
                                                                     the consumer for any item for which                       using terminology that describes each
                                                                     this paragraph (g)(3) prescribes a label,                 item.
                                                                     each of the amounts required to be dis-                      (i) The items prescribed in para-
                                                                     closed on that line must be blank.                        graphs (g)(1)(i) and (ii), (g)(2)(i) through
                                                                       (v) A maximum of five items may be                      (iv), and (g)(3)(i) through (iii) of this
                                                                     disclosed pursuant to this paragraph                      section must be listed in the order pre-
                                                                     (g)(3) in addition to the items described                 scribed as the initial items under the
                                                                     in paragraph (g)(3)(i) through (iii) of                   applicable subheading, with any addi-
                                                                     this section, and each such additional                    tional items to follow.
                                                                     item must be identified with a descrip-                      (ii) All additional items must be list-
                                                                     tive label and include the applicable                     ed in alphabetical order under the ap-
                                                                     amount per month, the number of                           plicable subheading.
                                                                     months collected at consummation,                            (8) Use of addenda. An addendum to a
                                                                     and the total amount to be paid.                          form of disclosures prescribed by this
                                                                       (4) Other. Under the subheading                         section may not be used for items re-
                                                                     ‘‘Other,’’ an itemization of any other                    quired to be disclosed by this para-
                                                                     amounts in connection with the trans-                     graph (g). If the creditor is not able to
                                                                     action that the consumer is likely to                     itemize all of the charges described in
                                                                     pay or has contracted with a person                       this paragraph (g) in the number of
                                                                     other than the creditor or loan origi-                    lines provided by paragraphs (g)(2)(vi),




jspears on DSK121TN23PROD with CFR
                                                                     nator to pay at closing and of which                      (3)(v), or (4)(iii) of this section, the re-
                                                                     the creditor is aware at the time of                      maining charges shall be disclosed as

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.37

                                                                     an aggregate amount in the last line                      ance with paragraph (h)(1)(v) of this
                                                                     permitted under paragraphs (g)(2)(vi),                    section;
                                                                     (g)(3)(v), or (g)(4)(iii), as applicable,                    (iv) Deposit. (A) In a purchase trans-
                                                                     using the label ‘‘Additional Charges.’’                   action as defined in paragraph (a)(9)(i)
                                                                        (h) Calculating cash to close—(1) For                  of this section, the amount that is paid
                                                                     all transactions. Under the master head-                  to the seller or held in trust or escrow
                                                                     ing ‘‘Closing Cost Details,’’ under the                   by an attorney or other party under
                                                                     heading ‘‘Calculating Cash to Close,’’                    the terms of the agreement for the sale
                                                                     the total amount of cash or other funds                   of the property, disclosed as a negative
                                                                     that must be provided by the consumer                     number, labeled ‘‘Deposit’’;
                                                                     at consummation, with an itemization                         (B) In all transactions other than
                                                                     of that amount into the following com-                    purchase transactions as defined in
                                                                     ponent amounts:                                           paragraph (a)(9)(i) of this section, the
                                                                        (i) Total closing costs. The amount dis-               amount of $0, labeled ‘‘Deposit’’;
                                                                     closed under paragraph (g)(6) of this                        (v) Funds for borrower. The amount of
                                                                     section, labeled ‘‘Total Closing Costs’’;                 funds for the consumer, labeled ‘‘Funds
                                                                        (ii) Closing costs to be financed. The                 for Borrower.’’ The amount of the down
                                                                     amount of any closing costs to be paid                    payment and other funds from the con-
                                                                     out of loan proceeds, disclosed as a neg-                 sumer      disclosed     under   paragraph
                                                                     ative number, labeled ‘‘Closing Costs                     (h)(1)(iii)(A)(2) or (h)(1)(iii)(B) of this
                                                                     Financed (Paid from your Loan                             section, as applicable, and of funds for
                                                                     Amount)’’;                                                the consumer disclosed under this
                                                                        (iii) Down payment and other funds                     paragraph (h)(1)(v), are determined by
                                                                     from borrower. Labeled ‘‘Down Pay-                        subtracting the sum of the loan
                                                                     ment/Funds from Borrower’’:                               amount disclosed under paragraph
                                                                        (A)(1) In a purchase transaction as                    (b)(1) of this section and any amount of
                                                                     defined in paragraph (a)(9)(i) of this                    existing loans assumed or taken sub-
                                                                     section, the amount determined by                         ject to that will be disclosed under
                                                                     subtracting the sum of the loan                           § 1026.38(j)(2)(iv) (excluding any closing
                                                                     amount disclosed under paragraph                          costs financed disclosed under para-
                                                                     (b)(1) of this section and any amount of                  graph (h)(1)(ii) of this section) from the
                                                                     existing loans assumed or taken sub-                      total amount of all existing debt being
                                                                     ject to that will be disclosed under                      satisfied in the transaction;
                                                                     § 1026.38(j)(2)(iv) from the sale price of                   (A) If the calculation under this para-
                                                                     the property disclosed under paragraph                    graph (h)(1)(v) yields an amount that is
                                                                     (a)(7)(i) of this section, except as re-                  a positive number, such amount is dis-
                                                                     quired by paragraph (h)(1)(iii)(A)(2) of                  closed under paragraph (h)(1)(iii)(A)(2)
                                                                     this section;                                             or (h)(1)(iii)(B) of this section, as appli-
                                                                        (2) In a purchase transaction as de-                   cable, and $0 is disclosed under this
                                                                     fined in paragraph (a)(9)(i) of this sec-                 paragraph (h)(1)(v);
                                                                     tion that is a simultaneous subordinate                      (B) If the calculation under this para-
                                                                     financing transaction or that involves                    graph (h)(1)(v) yields an amount that is
                                                                     improvements to be made on the prop-                      a negative number, such amount is dis-
                                                                     erty, or when the sum of the loan                         closed under this paragraph (h)(1)(v) as
                                                                     amount disclosed under paragraph                          a negative number, and $0 is disclosed
                                                                     (b)(1) of this section and any amount of                  under paragraph (h)(1)(iii)(A)(2) or
                                                                     existing loans assumed or taken sub-                      (h)(1)(iii)(B) of this section, as applica-
                                                                     ject to that will be disclosed under                      ble;
                                                                     § 1026.38(j)(2)(iv) exceeds the sale price                   (C) If the calculation under this para-
                                                                     of the property disclosed under para-                     graph (h)(1)(v) yields $0, then $0 is dis-
                                                                     graph (a)(7)(i) of this section, the                      closed under paragraph (h)(1)(iii)(A)(2)
                                                                     amount of estimated funds from the                        or (h)(1)(iii)(B) of this section, as appli-
                                                                     consumer as determined in accordance                      cable, and under this paragraph
                                                                     with paragraph (h)(1)(v) of this section;                 (h)(1)(v);
                                                                     or                                                           (vi) Seller credits. The total amount
                                                                        (B) In all transactions not subject to                 that the seller will pay for total loan
                                                                     paragraph (h)(1)(iii)(A) of this section,                 costs as determined by paragraph (f)(4)




jspears on DSK121TN23PROD with CFR
                                                                     the amount of estimated funds from                        of this section and total other costs as
                                                                     the consumer as determined in accord-                     determined by paragraph (g)(5) of this

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                                                                     § 1026.37                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     section, to the extent known, disclosed                     (iv) Cash to or from consumer. The
                                                                     as a negative number, labeled ‘‘Seller                    amount of cash or other funds due from
                                                                     Credits’’;                                                or to the consumer and a statement of
                                                                       (vii) Adjustments and other credits. The                whether      the   disclosed     estimated
                                                                     amount of all loan costs determined                       amount is due from or to the con-
                                                                     under paragraph (f) of this section and                   sumer, calculated by the sum of the
                                                                     other costs determined under para-                        amounts disclosed under paragraphs
                                                                     graph (g) of this section that are paid                   (h)(2)(i) through (iii) of this section, la-
                                                                     by persons other than the loan origi-                     beled ‘‘Cash to Close’’; and
                                                                     nator, creditor, consumer, or seller, to-                   (v) Closing costs financed. The sum of
                                                                     gether with any other amounts not                         the amounts disclosed under para-
                                                                     otherwise disclosed under paragraph (f)                   graphs (h)(2)(i) and (iii) of this section,
                                                                     or (g) of this section that are required                  but only to the extent that the sum is
                                                                     to be paid by the consumer at closing                     greater than zero and less than or
                                                                     in a transaction disclosed under para-                    equal to the sum disclosed under para-
                                                                     graph (h)(1)(iii)(A)(1) of this section or                graph (g)(6) of this section, labeled
                                                                     pursuant to a purchase and sale con-                      ‘‘Closing Costs Financed (Paid from
                                                                     tract, labeled ‘‘Adjustments and Other                    your Loan Amount).’’
                                                                     Credits’’; and                                              (i) Adjustable payment table. If the
                                                                       (viii) Estimated Cash to Close. The sum                 periodic principal and interest pay-
                                                                     of the amounts disclosed under para-                      ment may change after consummation
                                                                     graphs (h)(1)(i) through (vii) of this sec-               but not based on an adjustment to the
                                                                     tion labeled ‘‘Cash to Close.’’                           interest rate, or if the transaction is a
                                                                       (2) Optional alternative calculating                    seasonal payment product as described
                                                                     cash to close table for transactions with-                in paragraph (a)(10)(ii)(E) of this sec-
                                                                     out a seller or for simultaneous subordi-                 tion, a separate table under the master
                                                                     nate financing. For transactions that do                  heading ‘‘Closing Cost Details’’ re-
                                                                     not involve a seller or for simultaneous                  quired by paragraph (f) of this section
                                                                     subordinate financing, instead of the                     and under the heading ‘‘Adjustable
                                                                     table described in paragraph (h)(1)                       Payment (AP) Table’’ that contains
                                                                     above, the creditor may alternatively                     the following information and satisfies
                                                                     provide, in a separate table, under the                   the following requirements:
                                                                     master heading ‘‘Closing Cost Details,’’                    (1) Interest only payments. Whether
                                                                     under the heading ‘‘Calculating Cash to                   the transaction is an interest only
                                                                     Close,’’ the total amount of cash or                      product      pursuant      to    paragraph
                                                                     other funds that must be provided by                      (a)(10)(ii)(B) of this section as an af-
                                                                     the consumer at consummation with                         firmative or negative answer to the
                                                                     an itemization of that amount into the                    question ‘‘Interest Only Payments?’’
                                                                     following component amounts:                              and, if an affirmative answer is dis-
                                                                       (i) Loan amount. The amount dis-                        closed, the period during which inter-
                                                                     closed under paragraph (b)(1) of this                     est only periodic payments are sched-
                                                                     section, labeled ‘‘Loan Amount’’;                         uled.
                                                                       (ii) Total closing costs. The amount                      (2) Optional payments. Whether the
                                                                     disclosed under paragraph (g)(6) of this                  terms of the legal obligation expressly
                                                                     section, disclosed as a negative number                   provide that the consumer may elect to
                                                                     if the amount disclosed under para-                       pay a specified periodic principal and
                                                                     graph (g)(6) of this section is a positive                interest payment in an amount other
                                                                     number and disclosed as a positive                        than the scheduled amount of the pay-
                                                                     number if the amount disclosed under                      ment, as an affirmative or negative an-
                                                                     paragraph (g)(6) of this section is a neg-                swer to the question ‘‘Optional Pay-
                                                                     ative number, labeled ‘‘Total Closing                     ments?’’ and, if an affirmative answer
                                                                     Costs’’;                                                  is disclosed, the period during which
                                                                       (iii) Payoffs and payments. The total                   the consumer may elect to make such
                                                                     amount of payoffs and payments to be                      payments.
                                                                     made to third parties not otherwise                         (3) Step payments. Whether the trans-
                                                                     disclosed under paragraphs (f) and (g)                    action is a step payment product pur-




jspears on DSK121TN23PROD with CFR
                                                                     of this section, labeled ‘‘Total Payoffs                  suant to paragraph (a)(10)(ii)(C) of this
                                                                     and Payments’’;                                           section as an affirmative or negative

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.37

                                                                     answer to the question ‘‘Step Pay-                        the interest rate, if any, labeled ‘‘Index
                                                                     ments?’’ and, if an affirmative answer                    + Margin.’’
                                                                     is disclosed, the period during which                       (2) Increases in interest rate. If the
                                                                     the regular periodic payments are                         product type is a ‘‘Step Rate’’ and not
                                                                     scheduled to increase.                                    also an ‘‘Adjustable Rate’’ under para-
                                                                       (4) Seasonal payments. Whether the                      graph (a)(10)(i)(A) of this section, the
                                                                     transaction is a seasonal payment                         maximum amount of any adjustments
                                                                     product      pursuant     to     paragraph                to the interest rate that are scheduled
                                                                     (a)(10)(ii)(E) of this section as an af-                  and pre-determined, labeled ‘‘Interest
                                                                     firmative or negative answer to the                       Rate Adjustments.’’
                                                                     question ‘‘Seasonal Payments?’’ and, if                     (3) Initial interest rate. The interest
                                                                     an affirmative answer is disclosed, the                   rate at consummation of the loan
                                                                     period during which periodic payments                     transaction, labeled ‘‘Initial Interest
                                                                     are not scheduled.
                                                                                                                               Rate.’’
                                                                       (5) Principal and interest payments.
                                                                                                                                 (4) Minimum and maximum interest
                                                                     Under the subheading ‘‘Principal and
                                                                                                                               rate. The minimum and maximum in-
                                                                     Interest Payments,’’ which subheading
                                                                                                                               terest rates for the loan, after any in-
                                                                     is immediately preceded by the appli-
                                                                                                                               troductory period expires, labeled
                                                                     cable unit-period, the following infor-
                                                                     mation:                                                   ‘‘Minimum/Maximum Interest Rate.’’
                                                                       (i) The number of the payment of the                      (5) Frequency of adjustments. The fol-
                                                                     first periodic principal and interest                     lowing information, under the sub-
                                                                     payment that may change under the                         heading ‘‘Change Frequency’’:
                                                                     terms of the legal obligation disclosed                     (i) The month when the interest rate
                                                                     under this paragraph (i), counting from                   after consummation may first change,
                                                                     the first periodic payment due after                      calculated from the date interest for
                                                                     consummation, and the amount or                           the first scheduled periodic payment
                                                                     range of the periodic principal and in-                   begins to accrue, labeled ‘‘First
                                                                     terest payment for such payment, la-                      Change’’; and
                                                                     beled ‘‘First Change/Amount’’;                              (ii) The frequency of interest rate ad-
                                                                       (ii) The frequency of subsequent                        justments after the initial adjustment
                                                                     changes to the periodic principal and                     to the interest rate, labeled, ‘‘Subse-
                                                                     interest payment, labeled ‘‘Subsequent                    quent Changes.’’
                                                                     Changes’’; and                                              (6) Limits on interest rate changes. The
                                                                       (iii) The maximum periodic principal                    following information, under the sub-
                                                                     and interest payment that may occur                       heading ‘‘Limits on Interest Rate
                                                                     during the term of the transaction, and                   Changes’’:
                                                                     the first periodic principal and interest                   (i) The maximum possible change for
                                                                     payment that can reach such max-                          the first adjustment of the interest
                                                                     imum, counting from the first periodic                    rate after consummation, labeled
                                                                     payment due after consummation, la-                       ‘‘First Change’’; and
                                                                     beled ‘‘Maximum Payment.’’                                  (ii) The maximum possible change for
                                                                       (j) Adjustable interest rate table. If the              subsequent adjustments of the interest
                                                                     interest rate may increase after con-                     rate after consummation, labeled
                                                                     summation, a separate table under the                     ‘‘Subsequent Changes.’’
                                                                     master heading ‘‘Closing Cost Details’’
                                                                                                                                 (k) Contact information. Under the
                                                                     required by paragraph (f) of this sec-
                                                                                                                               master heading, ‘‘Additional Informa-
                                                                     tion and under the heading ‘‘Adjustable
                                                                     Interest Rate (AIR) Table’’ that con-                     tion About This Loan,’’ the following
                                                                     tains the following information and                       information:
                                                                     satisfies the following requirements:                       (1) The name and Nationwide Mort-
                                                                       (1) Index and margin. If the interest                   gage Licensing System and Registry
                                                                     rate may adjust and the product type                      identification number (NMLSR ID) (la-
                                                                     is not a ‘‘Step Rate’’ under paragraph                    beled ‘‘NMLS ID/License ID’’) for the
                                                                     (a)(10)(i)(B) of this section, the index                  creditor (labeled ‘‘Lender’’) and the
                                                                     upon which the adjustments to the in-                     mortgage broker (labeled ‘‘Mortgage




jspears on DSK121TN23PROD with CFR
                                                                     terest rate are based and the margin                      Broker’’), if any. In the event the cred-
                                                                     that is added to the index to determine                   itor or the mortgage broker has not

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                                                                     § 1026.37                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     been assigned an NMLSR ID, the li-                        lowing statement: ‘‘Your costs over the
                                                                     cense number or other unique identi-                      loan term expressed as a rate. This is
                                                                     fier issued by the applicable jurisdic-                   not your interest rate.’’
                                                                     tion or regulating body with which the                      (3) Total interest percentage. The total
                                                                     creditor or mortgage broker is licensed                   amount of interest that the consumer
                                                                     and/or registered shall be disclosed,                     will pay over the life of the loan, ex-
                                                                     with the abbreviation for the State of                    pressed as a percentage of the amount
                                                                     the applicable jurisdiction or regu-                      of credit extended, using the term
                                                                     latory body stated before the word                        ‘‘Total Interest Percentage,’’ the ab-
                                                                     ‘‘License’’ in the label, if any;                         breviation ‘‘TIP,’’ and the statement
                                                                       (2) The name and NMLSR ID of the                        ‘‘The total amount of interest that you
                                                                     individual loan officer (labeled ‘‘Loan                   will pay over the loan term as a per-
                                                                     Officer’’ and ‘‘NMLS ID/License ID,’’                     centage of your loan amount.’’
                                                                     respectively) of the creditor and the                       (m) Other considerations. Under the
                                                                     mortgage broker, if any, who is the pri-                  master heading ‘‘Additional Informa-
                                                                     mary contact for the consumer. In the                     tion About This Loan’’ required by
                                                                     event the individual loan officer has                     paragraph (k) of this section and under
                                                                     not been assigned an NMLSR ID, the li-                    the heading ‘‘Other Considerations’’:
                                                                     cense number or other unique identi-                        (1) Appraisal. For transactions sub-
                                                                     fier issued by the applicable jurisdic-                   ject to 15 U.S.C. 1639h or 1691(e), as im-
                                                                     tion or regulating body with which the                    plemented in this part or Regulation B,
                                                                     loan officer is licensed and/or reg-                      12 CFR part 1002, respectively, a state-
                                                                     istered shall be disclosed with the ab-                   ment, labeled ‘‘Appraisal,’’ that:
                                                                     breviation for the State of the applica-
                                                                                                                                 (i) The creditor may order an ap-
                                                                     ble jurisdiction or regulatory body
                                                                                                                               praisal to determine the value of the
                                                                     stated before the word ‘‘License’’ in the
                                                                                                                               property identified in paragraph (a)(6)
                                                                     label, if any; and
                                                                                                                               of this section and may charge the con-
                                                                       (3) The email address and telephone
                                                                                                                               sumer for that appraisal;
                                                                     number of the loan officer (labeled
                                                                                                                                 (ii) The creditor will promptly pro-
                                                                     ‘‘Email’’ and ‘‘Phone,’’ respectively).
                                                                                                                               vide the consumer a copy of any ap-
                                                                       (l) Comparisons. Under the master
                                                                                                                               praisal, even if the transaction is not
                                                                     heading,      ‘‘Additional     Information
                                                                                                                               consummated; and
                                                                     About This Loan’’ required by para-
                                                                     graph (k) of this section, in a separate                    (iii) The consumer may choose to pay
                                                                     table under the heading ‘‘Comparisons’’                   for an additional appraisal of the prop-
                                                                     along with the statement ‘‘Use these                      erty for the consumer’s use.
                                                                     measures to compare this loan with                          (2) Assumption. A statement of wheth-
                                                                     other loans’’:                                            er a subsequent purchaser of the prop-
                                                                       (1) In five years. Using the label ‘‘In 5               erty may be permitted to assume the
                                                                     Years’’:                                                  remaining loan obligation on its origi-
                                                                       (i) The total principal, interest,                      nal terms, labeled ‘‘Assumption.’’
                                                                     mortgage insurance, and loan costs                          (3) Homeowner’s insurance. At the op-
                                                                     scheduled to be paid through the end of                   tion of the creditor, a statement that
                                                                     the 60th month after the due date of                      homeowner’s insurance is required on
                                                                     the first periodic payment, expressed                     the property and that the consumer
                                                                     as a dollar amount, along with the                        may choose the insurance provider, la-
                                                                     statement ‘‘Total you will have paid in                   beled ‘‘Homeowner’s Insurance.’’
                                                                     principal, interest, mortgage insur-                        (4) Late payment. A statement detail-
                                                                     ance, and loan costs’’; and                               ing any charge that may be imposed
                                                                       (ii) The principal scheduled to be                      for a late payment, stated as a dollar
                                                                     paid through the end of the 60th month                    amount or percentage charge of the
                                                                     after the due date of the first periodic                  late payment amount, and the number
                                                                     payment, expressed as a dollar amount,                    of days that a payment must be late to
                                                                     along with the statement ‘‘Principal                      trigger the late payment fee, labeled
                                                                     you will have paid off.’’                                 ‘‘Late Payment.’’
                                                                       (2) Annual percentage rate. The ‘‘An-                     (5) Refinance. The following state-
                                                                     nual Percentage Rate,’’ using that                        ment, labeled ‘‘Refinance’’: ‘‘Refi-




jspears on DSK121TN23PROD with CFR
                                                                     term and the abbreviation ‘‘APR’’ and                     nancing this loan will depend on your
                                                                     expressed as a percentage, and the fol-                   future financial situation, the property

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.37

                                                                     value, and market conditions. You may                     together and segregated from every-
                                                                     not be able to refinance this loan.’’                     thing else.
                                                                        (6) Servicing. A statement of whether                     (ii) Except as provided in paragraph
                                                                     the creditor intends to service the loan                  (o)(5) of this section, the disclosures
                                                                     or transfer the loan to another                           shall contain only the information re-
                                                                     servicer, labeled ‘‘Servicing.’’                          quired by paragraphs (a) through (n) of
                                                                        (7) Liability after foreclosure. If the                this section and shall be made in the
                                                                     purpose of the credit transaction is to                   same order, and positioned relative to
                                                                     refinance an extension of credit as de-                   the master headings, headings, sub-
                                                                     scribed in paragraph (a)(9)(ii) of this                   headings, labels, and similar designa-
                                                                     section, a brief statement that certain                   tions in the same manner, as shown in
                                                                     State law protections against liability                   form H–24, set forth in appendix H to
                                                                     for any deficiency after foreclosure                      this part.
                                                                     may be lost, the potential con-                              (2) Headings and labels. If a master
                                                                     sequences of the loss of such protec-                     heading, heading, subheading, label, or
                                                                     tions, and a statement that the con-                      similar designation contains the word
                                                                     sumer should consult an attorney for                      ‘‘estimated’’ or a capital letter des-
                                                                     additional information, labeled ‘‘Li-                     ignation in form H–24, set forth in ap-
                                                                     ability after Foreclosure.’’                              pendix H to this part, that heading,
                                                                        (8) Construction loans. In transactions                label, or similar designation shall con-
                                                                     involving new construction, where the                     tain the word ‘‘estimated’’ and the ap-
                                                                     creditor reasonably expects that settle-                  plicable capital letter designation.
                                                                     ment will occur more than 60 days                            (3) Form. Except as provided in para-
                                                                     after the provision of the loan esti-                     graph (o)(5) of this section:
                                                                     mate, at the creditor’s option, a clear                      (i) For a transaction subject to
                                                                     and conspicuous statement that the                        § 1026.19(e) that is a federally related
                                                                     creditor may issue a revised disclosure                   mortgage loan, as defined in Regula-
                                                                     any time prior to 60 days before con-                     tion X, 12 CFR 1024.2, the disclosures
                                                                     summation,              pursuant        to                must be made using form H–24, set
                                                                     § 1026.19(e)(3)(iv)(F).                                   forth in appendix H to this part.
                                                                        (n) Signature statement. (1) At the                       (ii) For any other transaction subject
                                                                     creditor’s option, under the master                       to this section, the disclosures must be
                                                                     heading required by paragraph (k) of                      made with headings, content, and for-
                                                                     this section and under the heading                        mat substantially similar to form H–24,
                                                                     ‘‘Confirm Receipt,’’ a line for the sig-                  set forth in appendix H to this part.
                                                                     natures of the consumers in the trans-                       (iii) The disclosures required by this
                                                                     action. If the creditor includes a line                   section may be provided to the con-
                                                                     for the consumer’s signature, the cred-                   sumer in electronic form, subject to
                                                                     itor must disclose the following above                    compliance with the consumer consent
                                                                     the signature line: ‘‘By signing, you                     and other applicable provisions of the
                                                                     are only confirming that you have re-                     Electronic Signatures in Global and
                                                                     ceived this form. You do not have to                      National Commerce Act (15 U.S.C. 7001
                                                                     accept this loan because you have                         et seq.).
                                                                     signed or received this form.’’                              (4) Rounding—(i) Nearest dollar. (A)
                                                                        (2) If the creditor does not include a                 The dollar amounts required to be dis-
                                                                     line for the consumer’s signature, the                    closed by paragraphs (b)(6) and (7),
                                                                     creditor must disclose the following                      (c)(1)(iii), (c)(2)(ii) and (iii), (c)(4)(ii),
                                                                     statement under the heading ‘‘Other                       (f), (g), (h), (i), and (l) of this section
                                                                     Considerations’’ required by paragraph                    shall be rounded to the nearest whole
                                                                     (m) of this section, labeled ‘‘Loan Ac-                   dollar, except that the per-diem dollar
                                                                     ceptance’’: ‘‘You do not have to accept                   amount required to be disclosed by
                                                                     this loan because you have received                       paragraph (g)(2)(iii) of this section and
                                                                     this form or signed a loan application.’’                 the monthly dollar amounts required
                                                                        (o) Form of disclosures—(1) General re-                to be disclosed by paragraphs (g)(3)(i)
                                                                     quirements. (i) The creditor shall make                   through (iii) and (g)(3)(v) of this sec-
                                                                     the disclosures required by this section                  tion shall not be rounded.
                                                                     clearly and conspicuously in writing,                        (B) The dollar amount required to be




jspears on DSK121TN23PROD with CFR
                                                                     in a form that the consumer may keep.                     disclosed by paragraph (b)(1) of this
                                                                     The disclosures also shall be grouped                     section shall not be rounded, and if the

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                                                                     § 1026.38                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     amount is a whole number then the                           (v) Administrative information. The
                                                                     amount disclosed shall be truncated at                    creditor may insert at the bottom of
                                                                     the decimal point.                                        each page under the disclosures re-
                                                                        (C) The dollar amounts required to be                  quired by this section as illustrated by
                                                                     disclosed by paragraph (c)(2)(iv) of this                 form H–24 of appendix H to this part,
                                                                     section shall be rounded to the nearest                   any administrative information, text,
                                                                     whole dollar, if any of the component                     or codes that assist in identification of
                                                                     amounts are required by paragraph                         the form or the information disclosed
                                                                     (o)(4)(i)(A) of this section to be rounded                on the form, provided that the space
                                                                     to the nearest whole dollar.                              provided on form H–24 of appendix H to
                                                                        (ii) Percentages. The percentage                       this part for any of the information re-
                                                                     amounts required to be disclosed under                    quired by this section is not altered.
                                                                     paragraphs (b)(2) and (6), (f)(1)(i),                     [78 FR 80113, Dec. 31, 2013, as amended at 80
                                                                     (g)(2)(iii), (j), and (l)(2) and (3) of this              FR 8776, Feb. 19, 2015; 82 FR 37769, Aug. 11,
                                                                     section shall be disclosed by rounding                    2017]
                                                                     the exact amounts to three decimal
                                                                     places and then dropping any trailing                     § 1026.38 Content of disclosures for
                                                                     zeros that occur to the right of the dec-                     certain    mortgage   transactions
                                                                     imal place.                                                   (Closing Disclosure).
                                                                        (5) Exceptions—(i) Unit-period. Wher-                     For each transaction subject to
                                                                     ever the form or this section uses                        § 1026.19(f), the creditor shall disclose
                                                                     ‘‘monthly’’ to describe the frequency of                  the information in this section:
                                                                     any payments or uses ‘‘month’’ to de-                        (a) General information—(1) Form title.
                                                                     scribe the applicable unit-period, the                    The title of the form, ‘‘Closing Disclo-
                                                                     creditor shall substitute the appro-                      sure,’’ using that term.
                                                                     priate term to reflect the fact that the                     (2) Form purpose. The following state-
                                                                     transaction’s terms provide for other                     ment: ‘‘This form is a statement of
                                                                     than monthly periodic payments, such                      final loan terms and closing costs.
                                                                     as bi-weekly or quarterly payments.                       Compare this document with your
                                                                        (ii) Translation. The form may be                      Loan Estimate.’’
                                                                     translated into languages other than                         (3) Closing information. Under the
                                                                     English, and creditors may modify                         heading ‘‘Closing Information’’:
                                                                     form H–24 of appendix H to this part to                      (i) Date issued. The date the disclo-
                                                                     the extent that translation prevents                      sures required by this section are deliv-
                                                                     the headings, labels, designations, and                   ered to the consumer, labeled ‘‘Date
                                                                     required disclosure items under this                      Issued.’’
                                                                     section from fitting in the space pro-                       (ii) Closing date. The date of con-
                                                                     vided on form H–24.                                       summation, labeled ‘‘Closing Date.’’
                                                                        (iii) Logo or slogan. The creditor pro-                   (iii) Disbursement date. The date the
                                                                     viding the form may use a logo for, and                   amount disclosed under paragraph
                                                                     include a slogan with, the information                    (j)(3)(iii) (cash to close from or to bor-
                                                                     required by paragraph (a)(3) of this sec-                 rower) or (k)(3)(iii) (cash from or to
                                                                     tion in any font size or type, provided                   seller) of this section is expected to be
                                                                     that such logo or slogan does not cause                   paid in a purchase transaction under
                                                                     the information required by paragraph                     § 1026.37(a)(9)(i) to the consumer or sell-
                                                                     (a)(3) of this section to exceed the                      er, respectively, as applicable, except
                                                                     space provided for that information, as                   as provided in comment 38(a)(3)(iii)–1,
                                                                     illustrated in form H–24 of appendix H                    or the date some or all of the loan
                                                                     to this part. If the creditor does not                    amount disclosed under paragraph (b)
                                                                     use a logo for the information required                   of this section is expected to be paid to
                                                                     by paragraph (a)(3) of this section, the                  the consumer or a third party other
                                                                     information shall be disclosed in a                       than a settlement agent in a trans-
                                                                     similar format as form H–24.                              action that is not a purchase trans-
                                                                        (iv) Business card. The creditor may                   action under § 1026.37(a)(9)(i), labeled
                                                                     physically attach a business card over                    ‘‘Disbursement Date.’’
                                                                     the information required to be dis-                          (iv) Settlement agent. The name of the




jspears on DSK121TN23PROD with CFR
                                                                     closed by paragraph (a)(3) of this sec-                   settlement agent conducting the clos-
                                                                     tion.                                                     ing, labeled ‘‘Settlement Agent.’’

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.38

                                                                        (v) File number. The number assigned                   the following information and require-
                                                                     to the transaction by the settlement                      ments:
                                                                     agent for identification purposes, la-                       (1) Projected payments or range of pay-
                                                                     beled ‘‘File #.’’                                         ments. The information required to be
                                                                        (vi) Property. The address or location                 disclosed pursuant to § 1026.37(c)(1)
                                                                     of the property required to be disclosed                  through          (4),      other       than
                                                                     under § 1026.37(a)(6), labeled ‘‘Prop-                    § 1026.37(c)(4)(vi). In disclosing esti-
                                                                     erty.’’                                                   mated escrow payments as described in
                                                                        (vii) Sale price. (A) In credit trans-                 § 1026.37(c)(2)(iii) and (c)(4)(ii), the
                                                                     actions where there is a seller, the con-                 amount disclosed on the Closing Dis-
                                                                     tract sale price of the property identi-                  closure:
                                                                     fied in paragraph (a)(3)(vi) of this sec-                    (i) For transactions subject to
                                                                     tion, labeled ‘‘Sale Price.’’                             RESPA, is determined under the es-
                                                                        (B) In credit transactions where                       crow account analysis described in
                                                                     there is no seller, the appraised value                   Regulation X, 12 CFR 1024.17;
                                                                     of the property identified in paragraph                      (ii) For transactions not subject to
                                                                     (a)(3)(vi) of this section, labeled ‘‘Ap-                 RESPA, may be determined under the
                                                                     praised Prop. Value.’’                                    escrow account analysis described in
                                                                        (4) Transaction information. Under the                 Regulation X, 12 CFR 1024.17 or in the
                                                                     heading ‘‘Transaction Information’’:                      manner set forth in § 1026.37(c)(5).
                                                                        (i) Borrower. The consumer’s name                         (2) Estimated taxes, insurance, and as-
                                                                     and mailing address, labeled ‘‘Bor-                       sessments. A reference to the disclosure
                                                                     rower.’’                                                  required by paragraph (l)(7) of this sec-
                                                                        (ii) Seller. Where applicable, the sell-               tion.
                                                                     er’s name and mailing address, labeled                       (d) Costs at closing—(1) Costs at closing
                                                                     ‘‘Seller.’’                                               table. In a separate table, under the
                                                                        (iii) Lender. The name of the creditor                 heading ‘‘Costs at Closing’’:
                                                                     making the disclosure, labeled ‘‘Lend-                       (i) Labeled ‘‘Closing Costs,’’ the sum
                                                                     er.’’                                                     of the dollar amounts disclosed pursu-
                                                                        (5) Loan information. Under the head-                  ant to paragraphs (f)(4), (g)(5), and
                                                                     ing ‘‘Loan Information’’:                                 (h)(3) of this section, together with:
                                                                        (i) Loan term. The information re-                        (A) A statement that the amount dis-
                                                                     quired       to    be    disclosed     under              closed pursuant to paragraph (d)(1)(i) of
                                                                     § 1026.37(a)(8), labeled ‘‘Loan Term.’’                   this section includes the amounts dis-
                                                                        (ii) Purpose. The information re-                      closed pursuant to paragraphs (f)(4),
                                                                     quired       to    be    disclosed     under              (g)(5), and (h)(3) of this section;
                                                                     § 1026.37(a)(9), labeled ‘‘Purpose.’’                        (B) The dollar amount disclosed pur-
                                                                        (iii) Product. The information re-                     suant to paragraph (f)(4) of this sec-
                                                                     quired       to    be    disclosed     under              tion, labeled ‘‘Loan Costs’’;
                                                                     § 1026.37(a)(10), labeled ‘‘Product.’’                       (C) The dollar amount disclosed pur-
                                                                        (iv) Loan type. The information re-                    suant to paragraph (g)(5) of this sec-
                                                                     quired       to    be    disclosed     under              tion, labeled ‘‘Other Costs’’;
                                                                     § 1026.37(a)(11), labeled ‘‘Loan Type.’’                     (D) The dollar amount disclosed pur-
                                                                        (v) Loan identification number. The in-                suant to paragraph (h)(3) of this sec-
                                                                     formation required to be disclosed                        tion, labeled ‘‘Lender Credits’’; and
                                                                     under § 1026.37(a)(12), labeled ‘‘Loan ID                    (E) A statement referring the con-
                                                                     #.’’                                                      sumer to the tables disclosed pursuant
                                                                        (vi) Mortgage insurance case number.                   to paragraphs (f) and (g) of this section
                                                                     The case number for any mortgage in-                      for details.
                                                                     surance policy, if required by the cred-                     (ii) Labeled ‘‘Cash to Close,’’ the sum
                                                                     itor, labeled ‘‘MIC #.’’                                  of the dollar amounts calculated in ac-
                                                                        (b) Loan terms. A separate table under                 cordance with paragraph (i)(9)(ii) of
                                                                     the heading ‘‘Loan Terms’’ that in-                       this section, together with:
                                                                     cludes the information required by                           (A) A statement that the amount dis-
                                                                     § 1026.37(b).                                             closed pursuant to paragraph (d)(1)(ii)
                                                                        (c) Projected payments. A separate                     of this section includes the amount dis-




jspears on DSK121TN23PROD with CFR
                                                                     table, under the heading ‘‘Projected                      closed pursuant to paragraph (d)(1)(i) of
                                                                     Payments,’’ that includes and satisfies                   this section; and

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                                                                     § 1026.38                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (B) A statement referring the con-                     with a statement of whether this
                                                                     sumer to the table required pursuant                      amount increased or decreased; or
                                                                     to paragraph (i) of this section for de-                     (B) If the amount disclosed under
                                                                     tails.                                                    paragraph (e)(1)(i) of this section is
                                                                        (2) Alternative table for transactions                 equal to the amount disclosed under
                                                                     without a seller or for simultaneous subor-               paragraph (e)(1)(ii) of this section a
                                                                     dinate financing. For transactions that                   statement of that fact.
                                                                     do not involve a seller or for simulta-                      (2) Total closing costs. Labeled ‘‘Total
                                                                     neous subordinate financing, if the                       Closing Costs’’:
                                                                     creditor disclosed the optional alter-                       (i) Under the subheading ‘‘Loan Esti-
                                                                     native table under § 1026.37(d)(2), the                   mate,’’ the amount disclosed on the
                                                                     creditor shall disclose, with the label                   Loan Estimate under § 1026.37(h)(2)(ii);
                                                                     ‘‘Cash to Close,’’ instead of the sum of                     (ii) Under the subheading ‘‘Final,’’
                                                                     the dollar amounts described in para-                     the amount disclosed under paragraph
                                                                     graph (d)(1)(ii) of this section:                         (h)(1) of this section, disclosed as a neg-
                                                                        (i) The amount calculated in accord-                   ative number if the amount disclosed
                                                                     ance with paragraph (e)(5)(ii) of this                    under paragraph (h)(1) of this section is
                                                                     section;                                                  a positive number and disclosed as a
                                                                        (ii) A statement of whether the dis-                   positive number if the amount dis-
                                                                     closed amount is due from or to the                       closed under paragraph (h)(1) of this
                                                                     consumer; and                                             section is a negative number; and
                                                                        (iii) A statement referring the con-                      (iii) Disclosed more prominently
                                                                     sumer to the table required pursuant                      than the other disclosures under this
                                                                     to paragraph (e) of this section for de-                  paragraph (e)(2)(i) and (ii) of this sec-
                                                                     tails.                                                    tion, under the subheading ‘‘Did this
                                                                        (e) Alternative calculating cash to close              change?’’:
                                                                     table for transactions without a seller or                   (A) If the amount disclosed under
                                                                     for simultaneous subordinate financing.                   paragraph (e)(2)(ii) of this section is
                                                                     For transactions that do not involve a                    different than the amount disclosed
                                                                     seller or for simultaneous subordinate                    under paragraph (e)(2)(i) of this section
                                                                     financing, if the creditor disclosed the                  (unless the difference is due to round-
                                                                     optional      alternative    table    under               ing):
                                                                     § 1026.37(h)(2), the creditor shall dis-                     (1) A statement of that fact;
                                                                     close, instead of the table described in                     (2) If the difference in the amounts
                                                                     paragraph (i) of this section, in a sepa-                 disclosed under paragraphs (e)(2)(i) and
                                                                     rate table, under the heading ‘‘Calcu-                    (e)(2)(ii) is attributable to differences
                                                                     lating Cash to Close,’’ together with                     in itemized charges that are included
                                                                     the statement ‘‘Use this table to see                     in either or both subtotals, a state-
                                                                     what has changed from your Loan Esti-                     ment that the consumer should see the
                                                                     mate’’:                                                   total loan costs and total other costs
                                                                        (1) Loan amount. Labeled ‘‘Loan                        subtotals disclosed under paragraphs
                                                                     Amount’’:                                                 (f)(4) and (g)(5) of this section (together
                                                                        (i) Under the subheading ‘‘Loan Esti-                  with references to such disclosures), as
                                                                     mate,’’ the loan amount disclosed on                      applicable; and
                                                                     the Loan Estimate under § 1026.37(b)(1);                     (3) If the increase exceeds the limita-
                                                                        (ii) Under the subheading ‘‘Final,’’                   tions on increases in closing costs
                                                                     the loan amount disclosed under para-                     under § 1026.19(e)(3), a statement that
                                                                     graph (b) of this section;                                such increase exceeds the legal limits
                                                                        (iii) Disclosed more prominently                       by the dollar amount of the excess and,
                                                                     than the other disclosures under para-                    if any refund is provided under
                                                                     graph (e)(1)(i) and (ii) of this section,                 § 1026.19(f)(2)(v), a statement directing
                                                                     under the subheading ‘‘Did this                           the consumer to the disclosure re-
                                                                     change?’’:                                                quired under paragraph (h)(3) of this
                                                                        (A) If the amount disclosed under                      section or, if applicable, a statement
                                                                     paragraph (e)(1)(ii) of this section is                   directing the consumer to the principal
                                                                     different than the amount disclosed                       reduction disclosure under paragraph
                                                                     under paragraph (e)(1)(i) of this section                 (t)(5)(vii)(B) of this section. Such dollar




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                                                                     (unless the difference is due to round-                   amount shall equal the sum total of all
                                                                     ing), a statement of that fact along                      excesses of the limitations on increases

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.38

                                                                     in closing costs under § 1026.19(e)(3),                   paragraph (e)(4)(i) and (ii), under the
                                                                     taking into account the different meth-                   subheading ‘‘Did this change?’’:
                                                                     ods of calculating excesses of the limi-                    (A) If the amount disclosed under
                                                                     tations on increases in closing costs                     paragraph (e)(4)(ii) of this section is
                                                                     under § 1026.19(e)(3)(i) and (ii).                        different than the amount disclosed
                                                                        (B) If the amount disclosed under                      under paragraph (e)(4)(i) of this section
                                                                     paragraph (e)(2)(i) of this section is                    (unless the difference is due to round-
                                                                     equal to the amount disclosed under                       ing), a statement of that fact along
                                                                     paragraph (e)(2)(ii) of this section, a                   with a reference to the table disclosed
                                                                     statement of that fact.                                   under paragraph (t)(5)(vii)(B) of this
                                                                        (3) Closing costs paid before closing. La-             section; or
                                                                     beled ‘‘Closing Costs Paid Before Clos-                     (B) If the amount disclosed under
                                                                     ing:’’                                                    paragraph (e)(4)(ii) of this section is
                                                                        (i) Under the subheading ‘‘Loan Esti-                  equal to the amount disclosed under
                                                                     mate,’’ the amount of $0;                                 paragraph (e)(4)(i) of this section, a
                                                                        (ii) Under the subheading ‘‘Final,’’                   statement of that fact.
                                                                     any amount designated as borrower-                          (5) Cash to or from consumer. Labeled
                                                                     paid before closing under paragraph                       ‘‘Cash to Close:’’
                                                                     (h)(2) of this section, disclosed as a
                                                                                                                                 (i) Under the subheading ‘‘Loan Esti-
                                                                     positive number; and
                                                                                                                               mate,’’ the estimated cash to close on
                                                                        (iii) Disclosed more prominently
                                                                                                                               the Loan Estimate together with the
                                                                     than the other disclosures under this
                                                                                                                               statement of whether the estimated
                                                                     paragraph (e)(3)(i) and (ii) of this sec-
                                                                                                                               amount is due from or to the consumer
                                                                     tion, under the subheading ‘‘Did this
                                                                     change?’’:                                                as disclosed under § 1026.37(h)(2)(iv);
                                                                        (A) If the amount disclosed under                        (ii) Under the subheading ‘‘Final,’’
                                                                     paragraph (e)(3)(ii) of this section is                   the amount due from or to the con-
                                                                     different than the amount disclosed                       sumer, calculated by the sum of the
                                                                     under paragraph (e)(3)(i) of this section                 amounts disclosed under paragraphs
                                                                     (unless the difference is due to round-                   (e)(1)(ii),   (e)(2)(ii),  (e)(3)(ii),  and
                                                                     ing), a statement of that fact, along                     (e)(4)(ii) of this section, disclosed as a
                                                                     with a statement that the consumer                        positive number, together with a state-
                                                                     paid such amounts prior to consumma-                      ment of whether the disclosed amount
                                                                     tion of the transaction; or                               is due from or to the consumer.
                                                                        (B) If the amount disclosed under                        (6) Closing costs financed. Labeled
                                                                     paragraph (e)(3)(ii) of this section is                   ‘‘Closing Costs Financed (Paid from
                                                                     equal to the amount disclosed under                       your Loan Amount),’’ the sum of the
                                                                     paragraph (e)(3)(i) of this section, a                    amounts disclosed under paragraphs
                                                                     statement of that fact.                                   (e)(1)(ii) and (e)(4)(ii) of this section,
                                                                        (4) Payoffs and payments. Labeled                      but only to the extent that the sum is
                                                                     ‘‘Total Payoffs and Payments,’’                           greater than zero and less than or
                                                                        (i) Under the subheading ‘‘Loan Esti-                  equal to the sum disclosed under para-
                                                                     mate,’’ the total payoffs and payments                    graph (h)(1) of this section minus the
                                                                     disclosed on the Loan Estimate under                      sum disclosed under paragraph (h)(2) of
                                                                     § 1026.37(h)(2)(iii);                                     this section designated borrower-paid
                                                                        (ii) Under the subheading ‘‘Final,’’                   before closing.
                                                                     the total amount of payoffs and pay-                        (f) Closing cost details; loan costs.
                                                                     ments made to third parties disclosed                     Under the master heading ‘‘Closing
                                                                     under paragraph (t)(5)(vii)(B) of this                    Cost Details’’ with columns stating
                                                                     section, to the extent known, disclosed                   whether the charge was borrower-paid
                                                                     as a negative number if the total                         at or before closing, seller-paid at or
                                                                     amount disclosed under paragraph                          before closing, or paid by others, all
                                                                     (t)(5)(vii)(B) of this section is a positive              loan costs associated with the trans-
                                                                     number and disclosed as a positive                        action, listed in a table under the head-
                                                                     number if the total amount disclosed                      ing ‘‘Loan Costs.’’ The table shall con-
                                                                     under paragraph (t)(5)(vii)(B) of this                    tain the items and amounts listed
                                                                     section is a negative number;                             under four subheadings, described in




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                                                                        (iii) Disclosed more prominently                       paragraphs (f)(1) through (5) of this sec-
                                                                     than the other disclosures under this                     tion.

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                                                                     § 1026.38                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (1) Origination charges. Under the sub-                did not select a settlement service pro-
                                                                     heading ‘‘Origination Charges,’’ and in                   vider contained on that written list.
                                                                     the applicable columns as described in                      (4) Total loan costs. Under the sub-
                                                                     paragraph (f) of this section, an                         heading ‘‘Total Loan Costs (Borrower-
                                                                     itemization of each amount paid for                       Paid),’’ the sum of the amounts dis-
                                                                     charges described in § 1026.37(f)(1), the                 closed as borrower-paid pursuant to
                                                                     amount of compensation paid by the                        paragraph (f)(5) of this section.
                                                                     creditor to a third-party loan origi-                       (5) Subtotal of loan costs. The sum of
                                                                     nator along with the name of the loan                     loan costs, calculated by totaling the
                                                                     originator ultimately receiving the                       amounts described in paragraphs (f)(1)
                                                                     payment, and the total of all such                        through (3) of this section for costs des-
                                                                     itemized amounts that are designated                      ignated borrower-paid at or before clos-
                                                                     borrower-paid at or before closing.                       ing, labeled ‘‘Loan Costs Subtotals.’’
                                                                        (2) Services borrower did not shop for.                  (g) Closing cost details; other costs.
                                                                     Under the subheading ‘‘Services Bor-                      Under the master heading ‘‘Closing
                                                                     rower Did Not Shop For’’ and in the ap-                   Cost Details’’ disclosed pursuant to
                                                                     plicable columns as described in para-                    paragraph (f) of this section, with col-
                                                                     graph (f) of this section, an itemization                 umns stating whether the charge was
                                                                     of the services and corresponding costs                   borrower-paid at or before closing, sell-
                                                                     for each of the settlement services re-                   er-paid at or before closing, or paid by
                                                                     quired by the creditor for which the                      others, all costs in connection with the
                                                                     consumer did not shop in accordance                       transaction, other than those disclosed
                                                                     with § 1026.19(e)(1)(vi)(A) and that are                  under paragraph (f) of this section, list-
                                                                     provided by persons other than the                        ed in a table with a heading disclosed
                                                                     creditor or mortgage broker, the name                     as ‘‘Other Costs.’’ The table shall con-
                                                                     of the person ultimately receiving the                    tain the items and amounts listed
                                                                     payment for each such amount, and the                     under five subheadings, described in
                                                                     total of all such itemized amounts that                   paragraphs (g)(1) through (6) of this
                                                                     are designated borrower-paid at or be-                    section.
                                                                     fore closing. Items that were disclosed                     (1) Taxes and other government fees.
                                                                     pursuant to § 1026.37(f)(3) must be dis-                  Under the subheading ‘‘Taxes and
                                                                     closed under this paragraph (f)(2) if the                 Other      Government       Fees,’’    an
                                                                     consumer was provided a written list of                   itemization of each amount that is ex-
                                                                     settlement service providers under                        pected to be paid to State and local
                                                                     § 1026.19(e)(1)(vi)(C) and the consumer                   governments for taxes and government
                                                                     selected a settlement service provider                    fees and the total of all such itemized
                                                                     contained on that written list.                           amounts that are designated borrower-
                                                                        (3) Services borrower did shop for.                    paid at or before closing, as follows:
                                                                     Under the subheading ‘‘Services Bor-                        (i) On the first line:
                                                                     rower Did Shop For’’ and in the appli-                      (A) Before the columns described in
                                                                     cable column as described in paragraph                    paragraph (g) of this section, the total
                                                                     (f) of this section, an itemization of the                amount of fees for recording deeds and,
                                                                     services and corresponding costs for                      separately, the total amount of fees for
                                                                     each of the settlement services re-                       recording security instruments; and
                                                                     quired by the creditor for which the                        (B) In the applicable column as de-
                                                                     consumer shopped in accordance with                       scribed in paragraph (g) of this section,
                                                                     § 1026.19(e)(1)(vi)(A) and that are pro-                  the total amounts paid for recording
                                                                     vided by persons other than the cred-                     fees (including, but not limited to, the
                                                                     itor or mortgage broker, the name of                      amounts in paragraph (g)(1)(i)(A) of
                                                                     the person ultimately receiving the                       this section); and
                                                                     payment for each such amount, and the                       (ii) On subsequent lines, in the appli-
                                                                     total of all such itemized costs that are                 cable column as described in paragraph
                                                                     designated borrower-paid at or before                     (g) of this section, an itemization of
                                                                     closing. Items that were disclosed pur-                   transfer taxes, with the name of the
                                                                     suant to § 1026.37(f)(3) must be disclosed                government entity assessing the trans-
                                                                     under this paragraph (f)(3) if the con-                   fer tax.
                                                                     sumer was provided a written list of                        (2) Prepaids. Under the subheading




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                                                                     settlement service providers under                        ‘‘Prepaids’’ and in the applicable col-
                                                                     § 1026.19(e)(1)(vi)(C) and the consumer                   umn as described in paragraph (g) of

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.38

                                                                     this section, an itemization of each                        (6) Subtotal of costs. The sum of other
                                                                     amount for charges described in                           costs, calculated by totaling the costs
                                                                     § 1026.37(g)(2), the name of the person                   disclosed in paragraphs (g)(1) through
                                                                     ultimately receiving the payment or                       (4) of this section designated borrower-
                                                                     government entity assessing the prop-                     paid at or before closing, labeled
                                                                     erty tax, provided that the person ulti-                  ‘‘Other Costs Subtotals.’’
                                                                     mately receiving the payment need not                       (h) Closing cost totals. (1) The sum of
                                                                     be disclosed for the disclosure required                  the costs disclosed as borrower-paid
                                                                     by § 1026.37(g)(2)(iii) when disclosed pur-               pursuant to paragraph (h)(2) of this
                                                                     suant to this paragraph, and the total                    section and the amount disclosed in
                                                                     of all such itemized amounts that are                     paragraph (h)(3) of this section, under
                                                                     designated borrower-paid at or before                     the subheading ‘‘Total Closing Costs
                                                                     closing.                                                  (Borrower-Paid).’’
                                                                        (3) Initial escrow payment at closing.                   (2) The sum of the amounts disclosed
                                                                     Under the subheading ‘‘Initial escrow                     in paragraphs (f)(5) and (g)(6) of this
                                                                     payment at closing’’ and in the appli-                    section, designated borrower-paid at or
                                                                     cable column as described in paragraph                    before closing, and the sum of the costs
                                                                     (g) of this section, an itemization of                    designated seller-paid at or before clos-
                                                                     each amount for charges described in                      ing or paid by others disclosed pursu-
                                                                     § 1026.37(g)(3), the applicable aggregate                 ant to paragraphs (f) and (g) of this sec-
                                                                     adjustment pursuant to 12 CFR                             tion, labeled ‘‘Closing Costs Sub-
                                                                     1024.17(d)(2) along with the label ‘‘ag-                  totals.’’
                                                                     gregate adjustment,’’ and the total of                      (3) The amount of lender credits as a
                                                                     all such itemized amounts that are des-                   negative number, labeled ‘‘Lender
                                                                     ignated borrower-paid at or before clos-                  Credits’’ and designated borrower-paid
                                                                     ing.                                                      at closing, and if a refund is provided
                                                                        (4) Other. Under the subheading                        pursuant to § 1026.19(f)(2)(v), a state-
                                                                                                                               ment that this amount includes a cred-
                                                                     ‘‘Other’’ and in the applicable column
                                                                                                                               it for an amount that exceeds the limi-
                                                                     as described in paragraph (g) of this
                                                                                                                               tations on increases in closing costs
                                                                     section, an itemization of each amount
                                                                                                                               under § 1026.19(e)(3), and the amount of
                                                                     for charges in connection with the
                                                                                                                               such credit under § 1026.19(f)(2)(v).
                                                                     transaction that are in addition to the
                                                                                                                                 (4) The services and costs disclosed
                                                                     charges disclosed under paragraphs (f)
                                                                                                                               pursuant to paragraphs (f) and (g) of
                                                                     and (g)(1) through (3) for services that
                                                                                                                               this section on the Closing Disclosure
                                                                     are required or obtained in the real es-
                                                                                                                               shall be labeled using terminology that
                                                                     tate closing by the consumer, the sell-
                                                                                                                               describes the item disclosed, in a man-
                                                                     er, or other party, the name of the per-
                                                                                                                               ner that is consistent with the descrip-
                                                                     son ultimately receiving the payment,                     tions or prescribed labels, as applica-
                                                                     and the total of all such itemized                        ble, used for such items on the Loan
                                                                     amounts that are designated borrower-                     Estimate pursuant to § 1026.37. The
                                                                     paid at or before closing.                                creditor must also list the items on the
                                                                        (i) For any cost that is a component                   Closing Disclosure in the same sequen-
                                                                     of title insurance services, the intro-                   tial order as on the Loan Estimate pur-
                                                                     ductory description ‘‘Title —’’ shall ap-                 suant to § 1026.37.
                                                                     pear at the beginning of the label for                      (i) Calculating cash to close. In a sepa-
                                                                     that actual cost.                                         rate table, under the heading ‘‘Calcu-
                                                                        (ii) The parenthetical description                     lating Cash to Close,’’ together with
                                                                     ‘‘(optional)’’ shall appear at the end of                 the statement ‘‘Use this table to see
                                                                     the label for costs designated borrower-                  what has changed from your Loan Esti-
                                                                     paid at or before closing for any pre-                    mate’’:
                                                                     miums paid for separate insurance,                          (1) Total closing costs. (i) Under the
                                                                     warranty, guarantee, or event-coverage                    subheading ‘‘Loan Estimate,’’ the
                                                                     products.                                                 ‘‘Total Closing Costs’’ disclosed on the
                                                                        (5) Total other costs. Under the sub-                  Loan Estimate under § 1026.37(h)(1)(i),
                                                                     heading ‘‘Total Other Costs (Borrower-                    labeled using that term.
                                                                     Paid),’’ the sum of the amounts dis-                        (ii) Under the subheading ‘‘Final,’’




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                                                                     closed as borrower-paid pursuant to                       the amount disclosed under paragraph
                                                                     paragraph (g)(6) of this section.                         (h)(1) of this section.

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                                                                     § 1026.38                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (iii) Under the subheading ‘‘Did this                  than the other disclosures under this
                                                                     change?,’’ disclosed more prominently                     paragraph (i)(2):
                                                                     than the other disclosures under this                        (A) If the amount disclosed under
                                                                     paragraph (i)(1):                                         paragraph (i)(2)(ii) of this section is dif-
                                                                        (A) If the amount disclosed under                      ferent than the amount disclosed under
                                                                     paragraph (i)(1)(ii) of this section is dif-              paragraph (i)(2)(i) of this section (un-
                                                                     ferent than the amount disclosed under                    less the difference is due to rounding),
                                                                     paragraph (i)(1)(i) of this section (un-                  a statement of that fact, along with a
                                                                     less the difference is due to rounding):                  statement that the consumer paid such
                                                                        (1) A statement of that fact;                          amounts prior to consummation of the
                                                                        (2) If the difference in the ‘‘Total                   transaction; or
                                                                     Closing Costs’’ is attributable to dif-                      (B) If the amount disclosed under
                                                                     ferences in itemized charges that are                     paragraph (i)(2)(ii) of this section is
                                                                     included in either or both subtotals, a                   equal to the amount disclosed under
                                                                     statement that the consumer should                        paragraph (i)(2)(i) of this section, a
                                                                     see the total loan costs and total other                  statement of that fact.
                                                                     costs subtotals disclosed under para-                        (3) Closing costs financed. (i) Under the
                                                                     graphs (f)(4) and (g)(5) of this section                  subheading ‘‘Loan Estimate,’’ the
                                                                     (together with references to such dis-                    amount              disclosed          under
                                                                     closures), as applicable; and                             § 1026.37(h)(1)(ii), labeled ‘‘Closing Costs
                                                                                                                               Financed (Paid from your Loan
                                                                        (3) If the increase exceeds the limita-
                                                                                                                               Amount).’’
                                                                     tions on increases in closing costs
                                                                                                                                  (ii) Under the subheading ‘‘Final,’’
                                                                     under § 1026.19(e)(3), a statement that
                                                                                                                               the actual amount of the closing costs
                                                                     such increase exceeds the legal limits                    that are to be paid out of loan pro-
                                                                     by the dollar amount of the excess, and                   ceeds, if any, stated as a negative num-
                                                                     if any refund is provided under                           ber.
                                                                     § 1026.19(f)(2)(v), a statement directing                    (iii) Under the subheading ‘‘Did this
                                                                     the consumer to the disclosure re-                        change?,’’ disclosed more prominently
                                                                     quired under paragraph (h)(3) of this                     than the other disclosures under this
                                                                     section or, if a principal reduction is                   paragraph (i)(3):
                                                                     used to provide the refund, a statement                      (A) If the amount disclosed under
                                                                     directing the consumer to the principal                   paragraph (i)(3)(ii) of this section is dif-
                                                                     reduction disclosure under paragraph                      ferent than the amount disclosed under
                                                                     (j)(1)(v) of this section. Such dollar                    paragraph (i)(3)(i) of this section (un-
                                                                     amount shall equal the sum total of all                   less the difference is due to rounding),
                                                                     excesses of the limitations on increases                  a statement of that fact, along with a
                                                                     in closing costs under § 1026.19(e)(3),                   statement that the consumer included
                                                                     taking into account the different meth-                   the closing costs in the loan amount,
                                                                     ods of calculating excesses of the limi-                  which increased the loan amount; or
                                                                     tations on increases in closing costs                        (B) If the amount disclosed under
                                                                     under § 1026.19(e)(3)(i) and (ii).                        paragraph (i)(3)(ii) of this section is
                                                                        (B) If the amount disclosed under                      equal to the amount disclosed under
                                                                     paragraph (i)(1)(ii) of this section is                   paragraph (i)(3)(i) of this section, a
                                                                     equal to the amount disclosed under                       statement of that fact.
                                                                     paragraph (i)(1)(i) of this section, a                       (4) Down payment/funds from borrower.
                                                                     statement of that fact.                                   (i) Under the subheading ‘‘Loan Esti-
                                                                        (2) Closing costs paid before closing. (i)             mate,’’ the amount disclosed under
                                                                     Under the subheading ‘‘Loan Esti-                         § 1026.37(h)(1)(iii), labeled ‘‘Down Pay-
                                                                     mate,’’ the dollar amount ‘‘$0,’’ labeled                 ment/Funds from Borrower.’’
                                                                     ‘‘Closing Costs Paid Before Closing.’’                       (ii) Under the subheading ‘‘Final’’:
                                                                        (ii) Under the subheading ‘‘Final,’’                      (A)(1) In a purchase transaction as
                                                                     the amount of ‘‘Total Closing Costs’’                     defined in § 1026.37(a)(9)(i), the amount
                                                                     disclosed under paragraph (h)(2) of this                  determined by subtracting the sum of
                                                                     section and designated as borrower-                       the loan amount disclosed under para-
                                                                     paid before closing, stated as a nega-                    graph (b) of this section and any
                                                                     tive number.                                              amount of existing loans assumed or




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                                                                        (iii) Under the subheading ‘‘Did this                  taken subject to that is disclosed under
                                                                     change?,’’ disclosed more prominently                     paragraph (j)(2)(iv) of this section from

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.38

                                                                     the sale price of the property disclosed                  than the other disclosures under this
                                                                     under paragraph (a)(3)(vii)(A) of this                    paragraph (i)(5):
                                                                     section, labeled ‘‘Down Payment/Funds                        (A) If the amount disclosed under
                                                                     from Borrower,’’ except as required by                    paragraph (i)(5)(ii) of this section is dif-
                                                                     paragraph (i)(4)(ii)(A)(2) of this section;               ferent than the amount disclosed under
                                                                        (2) In a purchase transaction as de-                   paragraph (i)(5)(i) of this section (un-
                                                                     fined in § 1026.37(a)(9)(i) that is a simul-              less the difference is due to rounding),
                                                                     taneous subordinate financing trans-                      a statement of that fact, along with a
                                                                     action or that involves improvements                      statement that the consumer increased
                                                                     to be made on the property, or when                       or decreased this payment, as applica-
                                                                     the sum of the loan amount disclosed                      ble, and that the consumer should see
                                                                     under paragraph (b) of this section and                   the details disclosed under paragraph
                                                                     any amount of existing loans assumed                      (j)(2)(ii) of this section; or
                                                                     or taken subject to that is disclosed                        (B) If the amount disclosed under
                                                                     under paragraph (j)(2)(iv) of this sec-                   paragraph (i)(5)(ii) of this section is
                                                                     tion exceeds the sale price disclosed                     equal to the amount disclosed under
                                                                     under paragraph (a)(3)(vii)(A) of this                    paragraph (i)(5)(i) of this section, a
                                                                     section, the amount of funds from the                     statement of that fact.
                                                                     consumer as determined in accordance                         (6) Funds for borrower. (i) Under the
                                                                     with paragraph (i)(6)(iv) of this section                 subheading ‘‘Loan Estimate,’’ the
                                                                     labeled ‘‘Down Payment/Funds from                         amount              disclosed        under
                                                                     Borrower;’’ or                                            § 1026.37(h)(1)(v), labeled ‘‘Funds for
                                                                        (B) In all transactions not subject to                 Borrower.’’
                                                                     paragraph (i)(4)(ii)(A) of this section,                     (ii) Under the subheading ‘‘Final,’’
                                                                     the amount of funds from the consumer                     the ‘‘Funds for Borrower,’’ labeled
                                                                     as determined in accordance with para-                    using that term, as determined in ac-
                                                                     graph (i)(6)(iv) of this section, labeled                 cordance with paragraph (i)(6)(iv) of
                                                                     ‘‘Down Payment/Funds from Bor-                            this section.
                                                                     rower.’’                                                     (iii) Under the subheading ‘‘Did this
                                                                        (iii) Under the subheading ‘‘Did this                  change?,’’ disclosed more prominently
                                                                     change?,’’ disclosed more prominently                     than the other disclosures under this
                                                                     than the other disclosures under this                     paragraph (i)(6):
                                                                     paragraph (i)(4):                                            (A) If the amount disclosed under
                                                                        (A) If the amount disclosed under                      paragraph (i)(6)(ii) of this section is dif-
                                                                     paragraph (i)(4)(ii) of this section is dif-              ferent than the amount disclosed under
                                                                     ferent than the amount disclosed under                    paragraph (i)(6)(i) of this section (un-
                                                                     paragraph (i)(4)(i) of this section (un-                  less the difference is due to rounding),
                                                                     less the difference is due to rounding),                  a statement of that fact, along with a
                                                                     a statement of that fact, along with a                    statement that the consumer’s avail-
                                                                     statement that the consumer increased                     able funds from the loan amount have
                                                                     or decreased this payment and that the                    increased or decreased, as applicable;
                                                                     consumer should see the details dis-                      or
                                                                     closed under paragraph (j)(1) or (j)(2) of                   (B) If the amount disclosed under
                                                                     this section, as applicable; or                           paragraph (i)(6)(ii) of this section is
                                                                        (B) If the amount disclosed under                      equal to the amount disclosed under
                                                                     paragraph (i)(4)(ii) of this section is                   paragraph (i)(6)(i) of this section, a
                                                                     equal to the amount disclosed under                       statement of that fact.
                                                                     paragraph (i)(4)(i) of this section, a                       (iv) The ‘‘Down Payment/Funds from
                                                                     statement of that fact.                                   Borrower’’ to be disclosed under para-
                                                                        (5) Deposit. (i) Under the subheading                  graph (i)(4)(ii)(A)(2) or (B) of this sec-
                                                                     ‘‘Loan Estimate,’’ the amount dis-                        tion, as applicable, and ‘‘Funds for Bor-
                                                                     closed under § 1026.37(h)(1)(iv), labeled                 rower’’ to be disclosed under paragraph
                                                                     ‘‘Deposit.’’                                              (i)(6)(ii) of this section are determined
                                                                        (ii) Under the subheading ‘‘Final,’’                   by subtracting the sum of the loan
                                                                     the amount disclosed under paragraph                      amount disclosed under paragraph (b)
                                                                     (j)(2)(ii) of this section, stated as a neg-              of this section and any amount for ex-
                                                                     ative number.                                             isting loans assumed or taken subject




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                                                                        (iii) Under the subheading ‘‘Did this                  to that is disclosed under paragraph
                                                                     change?,’’ disclosed more prominently                     (j)(2)(iv) of this section (excluding any

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                                                                     § 1026.38                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     closing costs financed disclosed under                       (B) If the amount disclosed under
                                                                     paragraph (i)(3)(ii) of this section) from                paragraph (i)(7)(ii) of this section is
                                                                     the total amount of all existing debt                     equal to the amount disclosed under
                                                                     being satisfied in the transaction dis-                   paragraph (i)(7)(i) of this section, a
                                                                     closed under paragraphs (j)(1)(ii), (iii),                statement of that fact.
                                                                     and (v) of this section.                                     (8) Adjustments and other credits. (i)
                                                                        (A) If the calculation under this para-                Under the subheading ‘‘Loan Esti-
                                                                     graph (i)(6)(iv) yields an amount that is                 mate,’’ the amount disclosed on the
                                                                     a positive number, such amount shall                      Loan Estimate under § 1026.37(h)(1)(vii),
                                                                     be       disclosed     under     paragraph                labeled ‘‘Adjustments and Other Cred-
                                                                     (i)(4)(ii)(A)(2) or (B) of this section, as               its.’’
                                                                     applicable, and $0 shall be disclosed                        (ii) Under the subheading ‘‘Final,’’
                                                                     under paragraph (i)(6)(ii) of this sec-                   the amount equal to the total of the
                                                                     tion.                                                     amounts disclosed under paragraphs
                                                                        (B) If the calculation under this para-                (j)(1)(iii) and (v) of this section, to the
                                                                     graph (i)(6)(iv) yields an amount that is                 extent amounts in paragraphs (j)(1)(iii)
                                                                     a negative number, such amount shall                      and (v) were not included in the cal-
                                                                     be disclosed under paragraph (i)(6)(ii)                   culation required by paragraph (i)(4) or
                                                                     of this section, stated as a negative                     (6) of this section, and paragraphs
                                                                     number, and $0 shall be disclosed under                   (j)(1)(vi) through (x) of this section, re-
                                                                     paragraph (i)(4)(ii)(A)(2) or (i)(4)(ii)(B)               duced by the total of the amounts dis-
                                                                     of this section, as applicable.                           closed      under    paragraphs    (j)(2)(vi)
                                                                                                                               through (xi) of this section.
                                                                        (C) If the calculation under this para-
                                                                                                                                  (iii) Under the subheading ‘‘Did this
                                                                     graph (i)(6)(iv) yields $0, $0 shall be dis-
                                                                                                                               change?,’’ disclosed more prominently
                                                                     closed under paragraph (i)(4)(ii)(A)(2)
                                                                                                                               than the other disclosures under this
                                                                     or (i)(4)(ii)(B) of this section, as appli-
                                                                                                                               paragraph (i)(8):
                                                                     cable, and under paragraph (i)(6)(ii) of
                                                                                                                                  (A) If the amount disclosed under
                                                                     this section.
                                                                                                                               paragraph (i)(8)(ii) of this section is dif-
                                                                        (7) Seller credits. (i) Under the sub-
                                                                                                                               ferent than the amount disclosed under
                                                                     heading ‘‘Loan Estimate,’’ the amount
                                                                                                                               paragraph (i)(8)(i) of this section (un-
                                                                     disclosed under § 1026.37(h)(1)(vi), la-
                                                                                                                               less the difference is due to rounding),
                                                                     beled ‘‘Seller Credits.’’
                                                                                                                               a statement of that fact, along with a
                                                                        (ii) Under the subheading ‘‘Final,’’                   statement that the consumer should
                                                                     the amount disclosed under paragraph                      see the details disclosed under para-
                                                                     (j)(2)(v) of this section, stated as a neg-               graphs (j)(1)(iii) and (v) through (x) and
                                                                     ative number.                                             (j)(2)(vi) through (xi) of this section, as
                                                                        (iii) Under the subheading ‘‘Did this                  applicable; or
                                                                     change?,’’ disclosed more prominently                        (B) If the amount disclosed under
                                                                     than the other disclosures under this                     paragraph (i)(8)(ii) of this section is
                                                                     paragraph (i)(7):                                         equal to the amount disclosed under
                                                                        (A) If the amount disclosed under                      paragraph (i)(8)(i) of this section, a
                                                                     paragraph (i)(7)(ii) of this section is dif-              statement of that fact.
                                                                     ferent than the amount disclosed under                       (9) Cash to close. (i) Under the sub-
                                                                     paragraph (i)(7)(i) of this section (un-                  heading ‘‘Loan Estimate,’’ the amount
                                                                     less the difference is due to rounding),                  disclosed on the Loan Estimate under
                                                                     a statement of that fact, along with a                    § 1026.37(h)(1)(viii), labeled ‘‘Cash to
                                                                     statement that the consumer should                        Close’’ and disclosed more prominently
                                                                     see the details disclosed:                                than the other disclosures under this
                                                                        (1) Under paragraph (j)(2)(v) of this                  paragraph (i).
                                                                     section and in the seller-paid column                        (ii) Under the subheading ‘‘Final,’’
                                                                     under paragraphs (f) and (g) of this sec-                 the sum of the amounts disclosed under
                                                                     tion; or                                                  paragraphs (i)(1) through (i)(8) of this
                                                                        (2) Under either paragraph (j)(2)(v) of                section under the subheading ‘‘Final,’’
                                                                     this section or in the seller-paid col-                   and disclosed more prominently than
                                                                     umn under paragraphs (f) or (g) of this                   the other disclosures under this para-
                                                                     section, if the details are only dis-                     graph (i).




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                                                                     closed under paragraph (j)(2)(v) or                          (j) Summary of borrower’s transaction.
                                                                     paragraph (f) or (g); or                                  Under the heading ‘‘Summaries of

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.38

                                                                     Transactions,’’ with a statement to                       closing, and the time period cor-
                                                                     ‘‘Use this table to see a summary of                      responding to that amount, labeled
                                                                     your transaction,’’ two separate tables                   ‘‘County Taxes’’;
                                                                     are disclosed. The first table shall in-                    (ix) The prorated amount of any pre-
                                                                     clude, under the subheading ‘‘Bor-                        paid assessments due from the con-
                                                                     rower’s Transaction,’’ the following in-                  sumer to reimburse the seller at the
                                                                     formation and shall satisfy the fol-                      real estate closing, and the time period
                                                                     lowing requirements:                                      corresponding to that amount, labeled
                                                                       (1) Itemization of amounts due from bor-                ‘‘Assessments’’; and
                                                                     rower. (i) The total amount due from                        (x) A description and the amount of
                                                                     the consumer at closing, calculated as                    any additional items paid by the seller
                                                                     the sum of items required to be dis-                      prior to the real estate closing that are
                                                                     closed by paragraph (j)(1)(ii) through                    due from the consumer at the real es-
                                                                     (x) of this section, excluding items paid                 tate closing.
                                                                     from funds other than closing funds as                      (2) Itemization of amounts already paid
                                                                     described in paragraph (j)(4)(i) of this                  by or on behalf of borrower. (i) The sum
                                                                     section, labeled ‘‘Due from Borrower at                   of the amounts disclosed in this para-
                                                                     Closing’’;                                                graphs (j)(2)(ii) through (xi) of this sec-
                                                                       (ii) The amount of the contract sales                   tion, excluding items paid from funds
                                                                     price of the property being sold in a                     other than closing funds as described in
                                                                     purchase real estate transaction, ex-
                                                                                                                               paragraph (j)(4)(i) of this section, la-
                                                                     cluding the price of any tangible per-
                                                                                                                               beled ‘‘Paid Already by or on Behalf of
                                                                     sonal property if the consumer and
                                                                                                                               Borrower at Closing’’;
                                                                     seller have agreed to a separate price
                                                                     for such items, labeled ‘‘Sale Price of                     (ii) Any amount that is paid to the
                                                                     Property’’;                                               seller or held in trust or escrow by an
                                                                       (iii) The amount of the sales price of                  attorney or other party under the
                                                                     any tangible personal property ex-                        terms of the agreement for the sale of
                                                                     cluded from the contract sales price                      the property, labeled ‘‘Deposit’’;
                                                                     pursuant to paragraph (j)(1)(ii) of this                    (iii) The amount of the consumer’s
                                                                     section, labeled ‘‘Sale Price of Any                      new loan amount or first user loan as
                                                                     Personal Property Included in Sale’’;                     disclosed pursuant to paragraph (b) of
                                                                       (iv) The total amount of closing costs                  this section, labeled ‘‘Loan Amount’’;
                                                                     disclosed that are designated borrower-                     (iv) The amount of any existing loans
                                                                     paid at closing, as the sum of the                        that the consumer is assuming, or any
                                                                     amounts calculated pursuant to para-                      loans subject to which the consumer is
                                                                     graphs (h)(2) and (3) of this section, la-                taking title to the property, labeled
                                                                     beled ‘‘Closing Costs Paid at Closing’’;                  ‘‘Existing Loan(s) Assumed or Taken
                                                                       (v) A description and the amount of                     Subject to’’;
                                                                     any additional items that the seller                        (v) The total amount of money that
                                                                     has paid prior to the real estate clos-                   the seller will provide at the real es-
                                                                     ing, but reimbursed by the consumer at                    tate closing as a lump sum not other-
                                                                     the real estate closing, and a descrip-                   wise itemized to pay for loan costs as
                                                                     tion and the amount of any other items                    determined by paragraph (f) of this sec-
                                                                     owed by the consumer at the real es-                      tion and other costs as determined by
                                                                     tate closing not otherwise disclosed                      paragraph (g) of this section and any
                                                                     pursuant to paragraph (f), (g), or (j) of                 other obligations of the seller to be
                                                                     this section;                                             paid directly to the consumer, labeled
                                                                       (vi) The description ‘‘Adjustments for                  ‘‘Seller Credit’’;
                                                                     Items Paid by Seller in Advance’’;                          (vi) Descriptions and amounts of
                                                                       (vii) The prorated amount of any pre-                   other items paid by or on behalf of the
                                                                     paid taxes due from the consumer to                       consumer and not otherwise disclosed
                                                                     reimburse the seller at the real estate                   under paragraphs (f), (g), (h), and (j)(2)
                                                                     closing, and the time period cor-                         of this section, labeled ‘‘Other Cred-
                                                                     responding to that amount, labeled                        its,’’ and descriptions and the amounts
                                                                     ‘‘City/Town Taxes’’;                                      of any additional amounts owed the
                                                                       (viii) The prorated amount of any                       consumer but payable to the seller be-




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                                                                     prepaid taxes due from the consumer to                    fore the real estate closing, under the
                                                                     reimburse the seller at the real estate                   heading ‘‘Adjustments’’;

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                                                                     § 1026.38                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (vii) The description ‘‘Adjustments                       (k) Summary of seller’s transaction.
                                                                     for Items Unpaid by Seller’’;                             Under the heading ‘‘Summaries of
                                                                        (viii) The prorated amount of any un-                  Transactions’’ required by paragraph
                                                                     paid taxes due from the seller to reim-                   (j) of this section, a separate table
                                                                     burse the consumer at the real estate                     under the subheading ‘‘Seller’s Trans-
                                                                     closing, and the time period cor-                         action,’’ that includes the following in-
                                                                     responding to that amount, labeled                        formation and satisfies the following
                                                                     ’’City/Town Taxes’’;                                      requirements:
                                                                        (ix) The prorated amount of any un-                       (1) Itemization of amounts due to seller.
                                                                     paid taxes due from the seller to reim-                   (i) The total amount due to the seller
                                                                     burse the consumer at the real estate                     at the real estate closing, calculated as
                                                                     closing, and the time period cor-                         the sum of items required to be dis-
                                                                     responding to that amount, labeled                        closed pursuant to paragraphs (k)(1)(ii)
                                                                     ‘‘County Taxes’’;                                         through (ix) of this section, excluding
                                                                        (x) The prorated amount of any un-                     items paid from funds other than clos-
                                                                     paid assessments due from the seller to                   ing funds as described in paragraph
                                                                     reimburse the consumer at the real es-                    (k)(4)(i) of this section, labeled ‘‘Due to
                                                                     tate closing, and the time period cor-                    Seller at Closing’’;
                                                                     responding to that amount, labeled                           (ii) The amount of the contract sales
                                                                     ‘‘Assessments’’; and                                      price of the property being sold, ex-
                                                                                                                               cluding the price of any tangible per-
                                                                        (xi) A description and the amount of
                                                                                                                               sonal property if the consumer and
                                                                     any additional items which have not
                                                                                                                               seller have agreed to a separate price
                                                                     yet been paid and which the consumer
                                                                                                                               for such items, labeled ‘‘Sale Price of
                                                                     is expected to pay after the real estate
                                                                                                                               Property’’;
                                                                     closing, but which are attributable in
                                                                                                                                  (iii) The amount of the sales price of
                                                                     part to a period of time prior to the
                                                                                                                               any tangible personal property ex-
                                                                     real estate closing.
                                                                                                                               cluded from the contract sales price
                                                                        (3) Calculation of borrower’s trans-                   pursuant to paragraph (k)(1)(ii) of this
                                                                     action. Under the label ‘‘Calculation’’:                  section, labeled ‘‘Sale Price of Any
                                                                        (i) The amount disclosed pursuant to                   Personal Property Included in Sale’’;
                                                                     paragraph (j)(1)(i) of this section, la-                     (iv) A description and the amount of
                                                                     beled ‘‘Total Due from Borrower at                        other items paid to the seller by the
                                                                     Closing’’;                                                consumer pursuant to the contract of
                                                                        (ii) The amount disclosed pursuant to                  sale or other agreement, such as
                                                                     paragraph (j)(2)(i) of this section, if                   charges that were not disclosed pursu-
                                                                     any, disclosed as a negative number,                      ant to § 1026.37 on the Loan Estimate or
                                                                     labeled ‘‘Total Paid Already by or on                     items paid by the seller prior to the
                                                                     Behalf of Borrower at Closing’’; and                      real estate closing but reimbursed by
                                                                        (iii) A statement that the disclosed                   the consumer at the real estate clos-
                                                                     amount is due from or to the con-                         ing;
                                                                     sumer, and the amount due from or to                         (v) The description ‘‘Adjustments for
                                                                     the consumer at the real estate clos-                     Items Paid by Seller in Advance’’;
                                                                     ing, calculated by the sum of the                            (vi) The prorated amount of any pre-
                                                                     amounts disclosed under paragraphs                        paid taxes due from the consumer to
                                                                     (j)(3)(i) and (ii) of this section, labeled               reimburse the seller at the real estate
                                                                     ‘‘Cash to Close.’’                                        closing, and the time period cor-
                                                                        (4) Items paid outside of closing funds.               responding to that amount, labeled
                                                                     (i) Costs that are not paid from closing                  ‘‘City/Town Taxes’’;
                                                                     funds but that would otherwise be dis-                       (vii) The prorated amount of any pre-
                                                                     closed in the table required pursuant to                  paid taxes due from the consumer to
                                                                     paragraph (j) of this section, should be                  reimburse the seller at the real estate
                                                                     marked with the phrase ‘‘Paid Outside                     closing, and the time period cor-
                                                                     of Closing’’ or the abbreviation                          responding to that amount, labeled
                                                                     ‘‘P.O.C.’’ and include the name of the                    ‘‘County Taxes’’;
                                                                     party making the payment.                                    (viii) The prorated amount of any
                                                                        (ii) For purposes of this paragraph (j),               prepaid assessments due from the con-




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                                                                     ‘‘closing funds’’ means funds collected                   sumer to reimburse the seller at the
                                                                     and disbursed at real estate closing.                     real estate closing, and the time period

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.38

                                                                     corresponding to that amount, labeled                        (x) The prorated amount of any un-
                                                                     ‘‘Assessments’’; and                                      paid taxes due from the seller to reim-
                                                                       (ix) A description and the amount of                    burse the consumer at the real estate
                                                                     additional items paid by the seller                       closing, and the time period cor-
                                                                     prior to the real estate closing that are                 responding to that amount, labeled
                                                                     reimbursed by the consumer at the real                    ‘‘City/Town Taxes’’;
                                                                     estate closing.                                              (xi) The prorated amount of any un-
                                                                       (2) Itemization of amounts due from                     paid taxes due from the seller to the
                                                                     seller. (i) The total amount due from                     consumer at the real estate closing,
                                                                     the seller at the real estate closing,                    and the time period corresponding to
                                                                     calculated as the sum of items required                   that amount, labeled ‘‘County Taxes’’;
                                                                     to be disclosed pursuant to paragraphs
                                                                                                                                  (xii) The prorated amount of any un-
                                                                     (k)(2)(ii) through (xiii) of this section,
                                                                                                                               paid assessments due from the seller to
                                                                     excluding items paid from funds other
                                                                                                                               reimburse the consumer at the real es-
                                                                     than closing funds as described in para-
                                                                                                                               tate closing, and the time period cor-
                                                                     graph (k)(4)(i) of this section, labeled
                                                                                                                               responding to that amount, labeled
                                                                     ‘‘Due from Seller at Closing’’;
                                                                       (ii) The amount of any excess deposit                   ‘‘Assessments’’; and
                                                                     disbursed to the seller prior to the real                    (xiii) A description and the amount
                                                                     estate closing, labeled ‘‘Excess De-                      of any additional items which have not
                                                                     posit’’;                                                  yet been paid and which the consumer
                                                                       (iii) The amount of closing costs des-                  is expected to pay after the real estate
                                                                     ignated seller-paid at closing disclosed                  closing, but which are attributable in
                                                                     pursuant to paragraph (h)(2) of this                      part to a period of time prior to the
                                                                     section, labeled ‘‘Closing Costs Paid at                  real estate closing.
                                                                     Closing’’;                                                   (3) Calculation of seller’s transaction.
                                                                       (iv) The amount of any existing loans                   Under the label ‘‘Calculation’’:
                                                                     that the consumer is assuming, or any                        (i) The amount described in para-
                                                                     loans subject to which the consumer is                    graph (k)(1)(i) of this section, labeled
                                                                     taking title to the property, labeled                     ‘‘Total Due to Seller at Closing’’;
                                                                     ‘‘Existing Loan(s) Assumed or Taken                          (ii) The amount described in para-
                                                                     Subject to’’;                                             graph (k)(2)(i) of this section, disclosed
                                                                       (v) The amount of any loan secured                      as a negative number, labeled ‘‘Total
                                                                     by a first lien on the property that will                 Due from Seller at Closing’’; and
                                                                     be paid off as part of the real estate                       (iii) A statement that the disclosed
                                                                     closing, labeled ‘‘Payoff of First Mort-                  amount is due from or to the seller,
                                                                     gage Loan’’;                                              and the amount due from or to the sell-
                                                                       (vi) The amount of any loan secured                     er at closing, calculated by the sum of
                                                                     by a second lien on the property that                     the amounts disclosed pursuant to
                                                                     will be paid off as part of the real es-                  paragraphs (k)(3)(i) and (ii) of this sec-
                                                                     tate closing, labeled ‘‘Payoff of Second                  tion, labeled ‘‘Cash.’’
                                                                     Mortgage Loan’’;
                                                                                                                                  (4) Items paid outside of closing funds.
                                                                       (vii) The total amount of money that
                                                                                                                               (i) Charges that are not paid from clos-
                                                                     the seller will provide at the real es-
                                                                                                                               ing funds but that would otherwise be
                                                                     tate closing as a lump sum not other-
                                                                     wise itemized to pay for loan costs as                    disclosed in the table described in para-
                                                                     determined by paragraph (f) of this sec-                  graph (k) of this section, should be
                                                                     tion and other costs as determined by                     marked with the phrase ‘‘Paid Outside
                                                                     paragraph (g) of this section and any                     of Closing’’ or the acronym ‘‘P.O.C.’’
                                                                     other obligations of the seller to be                     and include a statement of the party
                                                                     paid directly to the consumer, labeled                    making the payment.
                                                                     ‘‘Seller Credit’’;                                           (ii) For purposes of this paragraph
                                                                       (viii) A description and amount of                      (k), ‘‘closing funds’’ are defined as
                                                                     any and all other obligations required                    funds collected and disbursed at real
                                                                     to be paid by the seller at the real es-                  estate closing.
                                                                     tate closing, including any lien-related                     (l) Loan disclosures. Under the master
                                                                     payoffs, fees, or obligations;                            heading       ‘‘Additional    Information




jspears on DSK121TN23PROD with CFR
                                                                       (ix) The description ‘‘Adjustments for                  About This Loan’’ and under the head-
                                                                     Items Unpaid by Seller’’;                                 ing ‘‘Loan Disclosures’’:

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                                                                     § 1026.38                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (1) Assumption. Under the subheading                   accepted, a statement that the cred-
                                                                     ‘‘Assumption,’’ the information re-                       itor, using the term ‘‘lender,’’ does not
                                                                     quired by § 1026.37(m)(2).                                accept any partial payments; and
                                                                        (2) Demand feature. Under the sub-                        (iv) A statement that, if the loan is
                                                                     heading ‘‘Demand Feature,’’ a state-                      sold, the new creditor, using the term
                                                                     ment of whether the legal obligation                      ‘‘lender,’’ may have a different policy.
                                                                     permits the creditor to demand early                         (6) Security interest. Under the sub-
                                                                     repayment of the loan and, if the state-                  heading ‘‘Security Interest,’’ a state-
                                                                     ment is affirmative, a reference to the                   ment that the consumer is granting a
                                                                     note or other loan contract for details.                  security interest in the property secur-
                                                                        (3) Late payment. Under the sub-                       ing the transaction, the property ad-
                                                                     heading ‘‘Late Payment,’’ the informa-                    dress including a zip code, and a state-
                                                                     tion required by § 1026.37(m)(4).                         ment that the consumer may lose the
                                                                        (4) Negative amortization. Under the                   property if the consumer does not
                                                                     subheading ‘‘Negative Amortization                        make the required payments or satisfy
                                                                     (Increase in Loan Amount),’’ a state-                     other requirements under the legal ob-
                                                                     ment of whether the regular periodic                      ligation.
                                                                     payments may cause the principal bal-                        (7) Escrow account. Under the sub-
                                                                     ance to increase.                                         heading ‘‘Escrow Account’’:
                                                                        (i) If the regular periodic payments                      (i) Under the reference ‘‘For now,’’ a
                                                                     do not cover all of the interest due, the                 statement that an escrow account may
                                                                     creditor must provide a statement that                    also be called an impound or trust ac-
                                                                     the principal balance will increase,                      count, a statement of whether the
                                                                     such balance will likely become larger                    creditor has established or will estab-
                                                                     than the original loan amount, and in-                    lish (at or before consummation) an es-
                                                                     creases in such balance lower the con-                    crow account in connection with the
                                                                     sumer’s equity in the property.                           transaction, and the information re-
                                                                        (ii) If the consumer may make reg-                     quired under paragraphs (l)(7)(i)(A) and
                                                                     ular periodic payments that do not                        (B) of this section:
                                                                     cover all of the interest due, the cred-                     (A) A statement that the creditor
                                                                     itor must provide a statement that, if                    may be liable for penalties and interest
                                                                     the consumer chooses a monthly pay-                       if it fails to make a payment for any
                                                                     ment option that does not cover all of                    cost for which the escrow account is es-
                                                                     the interest due, the principal balance                   tablished, a statement that the con-
                                                                     may become larger than the original                       sumer would have to pay such costs di-
                                                                     loan amount and the increases in the                      rectly in the absence of the escrow ac-
                                                                     principal balance lower the consumer’s                    count, and a table, titled ‘‘Escrow,’’
                                                                     equity in the property.                                   that contains, if an escrow account is
                                                                        (5) Partial payment policy. Under the                  or will be established, an itemization
                                                                     subheading ‘‘Partial Payments’’:                          of the amounts listed in paragraphs
                                                                        (i) If periodic payments that are less                 (l)(7)(i)(A)(1) through (4) of this section;
                                                                     than the full amount due are accepted,                       (1) The total amount the consumer
                                                                     a statement that the creditor, using                      will be required to pay into an escrow
                                                                     the term ‘‘lender,’’ may accept partial                   account over the first year after con-
                                                                     payments and apply such payments to                       summation, labeled ‘‘Escrowed Prop-
                                                                     the consumer’s loan;                                      erty Costs over Year 1,’’ together with
                                                                        (ii) If periodic payments that are less                a descriptive name of each charge to be
                                                                     than the full amount due are accepted                     paid (in whole or in part) from the es-
                                                                     but not applied to a consumer’s loan                      crow account, calculated as the
                                                                     until the consumer pays the remainder                     amount disclosed under paragraph
                                                                     of the full amount due, a statement                       (l)(7)(i)(A)(4) of this section multiplied
                                                                     that the creditor, using the term                         by the number of periodic payments
                                                                     ‘‘lender,’’ may hold partial payments                     scheduled to be made to the escrow ac-
                                                                     in a separate account until the con-                      count during the first year after con-
                                                                     sumer pays the remainder of the pay-                      summation;
                                                                     ment and then apply the full periodic                        (2) The estimated amount the con-
                                                                     payment to the consumer’s loan;                           sumer is likely to pay during the first




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                                                                        (iii) If periodic payments that are                    year after consummation for the mort-
                                                                     less than the full amount due are not                     gage-related obligations described in

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.38

                                                                     § 1026.43(b)(8) that are known to the                       (A) A statement that the consumer’s
                                                                     creditor and that will not be paid using                  property costs may change and that, as
                                                                     escrow account funds, labeled ‘‘Non-                      a result, the consumer’s escrow pay-
                                                                     Escrowed Property Costs over Year 1,’’                    ment may change;
                                                                     together with a descriptive name of                         (B) A statement that the consumer
                                                                     each such charge and a statement that                     may be able to cancel any escrow ac-
                                                                     the consumer may have to pay other                        count that has been established, but
                                                                     costs that are not listed;                                that the consumer is responsible for di-
                                                                        (3) The total amount disclosed under                   rectly paying all property costs in the
                                                                     paragraph (g)(3) of this section, a state-                absence of an escrow account; and
                                                                     ment that the payment is a cushion for                      (C) A description of the consequences
                                                                     the escrow account, labeled ‘‘Initial Es-                 if the consumer fails to pay property
                                                                     crow Payment,’’ and a reference to the                    costs, including the actions that a
                                                                     information disclosed under paragraph                     State or local government may take if
                                                                     (g)(3) of this section;                                   property taxes are not paid and the ac-
                                                                        (4) The amount the consumer will be                    tions the creditor may take if the con-
                                                                     required to pay into the escrow ac-                       sumer does not pay some or all prop-
                                                                     count with each periodic payment dur-                     erty costs, such as adding amounts to
                                                                     ing the first year after consummation,                    the loan balance, adding an escrow ac-
                                                                     labeled ‘‘Monthly Escrow Payment.’’                       count to the loan, or purchasing a
                                                                        (5) A creditor complies with the re-                   property insurance policy on the con-
                                                                     quirements of paragraphs (l)(7)(i)(A)(1)                  sumer’s behalf that may be more ex-
                                                                     and (4) of this section if the creditor                   pensive and provide fewer benefits than
                                                                     bases the numerical disclosures re-                       what the consumer could obtain di-
                                                                     quired by those paragraphs on amounts                     rectly.
                                                                     derived from the escrow account anal-                       (m) Adjustable payment table. Under
                                                                     ysis required under Regulation X, 12                      the master heading ‘‘Additional Infor-
                                                                     CFR 1024.17.                                              mation About This Loan’’ required by
                                                                        (B) A statement of whether the con-                    paragraph (l) of this section, and under
                                                                     sumer will not have an escrow account,                    the heading ‘‘Adjustable Payment (AP)
                                                                     the reason why an escrow account will                     Table,’’ the table required to be dis-
                                                                     not be established, a statement that                      closed by § 1026.37(i).
                                                                     the consumer must pay all property                          (n) Adjustable interest rate table. Under
                                                                     costs, such as taxes and homeowner’s                      the master heading ‘‘Additional Infor-
                                                                     insurance, directly, a statement that                     mation About This Loan’’ required by
                                                                     the consumer may contact the creditor                     paragraph (l) of this section, and under
                                                                     to inquire about the availability of an                   the heading ‘‘Adjustable Interest Rate
                                                                     escrow account, and a table, titled ‘‘No                  (AIR) Table,’’ the table required to be
                                                                     Escrow,’’ that contains, if an escrow                     disclosed by § 1026.37(j).
                                                                     account will not be established, an                         (o) Loan calculations. In a separate
                                                                     itemization of the following:                             table under the heading ‘‘Loan Calcula-
                                                                        (1) The estimated total amount the                     tions’’:
                                                                     consumer will pay directly for the                          (1) Total of payments. The ‘‘Total of
                                                                     mortgage-related obligations described                    Payments,’’ using that term and ex-
                                                                     in § 1026.43(b)(8) during the first year                  pressed as a dollar amount, and a
                                                                     after consummation that are known to                      statement that the disclosure is the
                                                                     the creditor and a statement that,                        total the consumer will have paid after
                                                                     without an escrow account, the con-                       making all payments of principal, in-
                                                                     sumer must pay the identified costs,                      terest, mortgage insurance, and loan
                                                                     possibly in one or two large payments,                    costs, as scheduled. The disclosed total
                                                                     labeled ‘‘Property Costs over Year 1’’;                   of payments shall be treated as accu-
                                                                     and                                                       rate if the amount disclosed as the
                                                                        (2) The amount of any fee the cred-                    total of payments:
                                                                     itor imposes on the consumer for not                        (i) Is understated by no more than
                                                                     establishing an escrow account in con-                    $100; or
                                                                     nection with the transaction, labeled                       (ii) Is greater than the amount re-
                                                                     ‘‘Escrow Waiver Fee.’’                                    quired to be disclosed.




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                                                                        (ii) Under the reference ‘‘In the fu-                    (2) Finance charge. The ‘‘Finance
                                                                     ture’’:                                                   Charge,’’ using that term and expressed

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                                                                     § 1026.38                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     as a dollar amount, and the following                     may accelerate the maturity of the ob-
                                                                     statement: ‘‘The dollar amount the                        ligation, and prepayment rebates and
                                                                     loan will cost you.’’ The disclosed fi-                   penalties, under the subheading ‘‘Con-
                                                                     nance charge and other disclosures af-                    tract Details.’’
                                                                     fected by the disclosed financed charge                     (3) Liability after foreclosure. A brief
                                                                     (including the amount financed and the                    statement of whether, and the condi-
                                                                     annual percentage rate) shall be treat-                   tions under which, the consumer may
                                                                     ed as accurate if the amount disclosed                    remain responsible for any deficiency
                                                                     as the finance charge:                                    after foreclosure under applicable
                                                                       (i) Is understated by no more than                      State law, a brief statement that cer-
                                                                     $100; or                                                  tain protections may be lost if the con-
                                                                       (ii) Is greater than the amount re-                     sumer refinances or incurs additional
                                                                     quired to be disclosed.                                   debt on the property, and a statement
                                                                       (3) Amount financed. The ‘‘Amount                       that the consumer should consult an
                                                                     Financed,’’ using that term and ex-                       attorney for additional information,
                                                                     pressed as a dollar amount, and the fol-                  under the subheading ‘‘Liability after
                                                                     lowing statement: ‘‘The loan amount                       Foreclosure.’’
                                                                     available after paying your upfront fi-                     (4) Refinance. Under the subheading
                                                                     nance charge.’’                                           ‘‘Refinance,’’ the statement required
                                                                       (4) Annual percentage rate. The ‘‘An-                   by § 1026.37(m)(5).
                                                                     nual Percentage Rate,’’ using that                          (5) Tax deductions. Under the sub-
                                                                     term and the abbreviation ‘‘APR’’ and                     heading ‘‘Tax Deductions,’’ a state-
                                                                     expressed as a percentage, and the fol-                   ment that, if the extension of credit ex-
                                                                     lowing statement: ‘‘Your costs over the                   ceeds the fair market value of the prop-
                                                                     loan term expressed as a rate. This is                    erty, the interest on the portion of the
                                                                     not your interest rate.’’                                 credit extension that is greater than
                                                                       (5) Total interest percentage. The                      the fair market value of the property is
                                                                     ‘‘Total Interest Percentage,’’ using                      not tax deductible for Federal income
                                                                     that term and the abbreviation ‘‘TIP’’                    tax purposes and a statement that the
                                                                     and expressed as a percentage, and the                    consumer should consult a tax adviser
                                                                     following     statement:    ‘‘The    total                for further information.
                                                                     amount of interest that you will pay                        (q) Questions notice. In a separate no-
                                                                     over the loan term as a percentage of                     tice labeled ‘‘Questions?’’:
                                                                     your loan amount.’’                                         (1) A statement directing the con-
                                                                       (p) Other disclosures. Under the head-                  sumer to use the contact information
                                                                     ing ‘‘Other Disclosures’’:                                disclosed under paragraph (r) of this
                                                                       (1) Appraisal. For transactions sub-                    section if the consumer has any ques-
                                                                     ject to 15 U.S.C. 1639h or 1691(e), as im-                tions about the disclosures required
                                                                     plemented in this part or Regulation B,                   pursuant to § 1026.19(f);
                                                                     12 CFR part 1002, respectively, under                       (2) A reference to the Bureau’s Web
                                                                     the subheading ‘‘Appraisal,’’ that:                       site to obtain more information or to
                                                                       (i) If there was an appraisal of the                    submit a complaint; and the link or
                                                                     property in connection with the loan,                     uniform resource locator address to the
                                                                     the creditor is required to provide the                   Web     site:   www.consumerfinance.gov/
                                                                     consumer with a copy at no additional                     mortgage-closing; and
                                                                     cost to the consumer at least three                         (3) A prominent question mark.
                                                                     days prior to consummation; and                             (r) Contact information. In a separate
                                                                       (ii) If the consumer has not yet re-                    table, under the heading ‘‘Contact In-
                                                                     ceived a copy of the appraisal, the con-                  formation,’’ the following information
                                                                     sumer should contact the creditor                         for each creditor (under the subheading
                                                                     using the information disclosed pursu-                    ‘‘Lender’’), mortgage broker (under the
                                                                     ant to paragraph (r) of this section.                     subheading ‘‘Mortgage Broker’’), con-
                                                                       (2) Contract details. A statement that                  sumer’s real estate broker (under the
                                                                     the consumer should refer to the appro-                   subheading ‘‘Real Estate Broker (B)’’),
                                                                     priate loan document and security in-                     seller’s real estate broker (under the
                                                                     strument for information about non-                       subheading ‘‘Real Estate Broker (S)’’),
                                                                     payment, what constitutes a default                       and settlement agent (under the sub-




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                                                                     under     the   legal   obligation,    cir-               heading ‘‘Settlement Agent’’) partici-
                                                                     cumstances under which the creditor                       pating in the transaction:

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.38

                                                                       (1) Name of the person, labeled                         The disclosures also shall be grouped
                                                                     ‘‘Name’’;                                                 together and segregated from every-
                                                                       (2) Address, using that label;                          thing else.
                                                                       (3) Nationwide Mortgage Licensing                          (ii) Except as provided in paragraph
                                                                     System & Registry (NMLSR ID) identi-                      (t)(5), the disclosures shall contain
                                                                     fication number, labeled ‘‘NMLS ID,’’                     only the information required by para-
                                                                     or, if none, license number or other                      graphs (a) through (s) of this section
                                                                     unique identifier issued by the applica-                  and shall be made in the same order,
                                                                     ble jurisdiction or regulating body with                  and positioned relative to the master
                                                                     which the person is licensed and/or reg-                  headings, headings, subheadings, la-
                                                                     istered, labeled ‘‘License ID,’’ with the                 bels, and similar designations in the
                                                                     abbreviation for the State of the appli-                  same manner, as shown in form H–25,
                                                                     cable jurisdiction or regulatory body                     set forth in appendix H to this part.
                                                                     stated before the word ‘‘License’’ in the                    (2) Headings and labels. If a master
                                                                     label, for the persons identified in                      heading, heading, subheading, label, or
                                                                     paragraph (r)(1) of this section;                         similar designation contains the word
                                                                       (4) Name of the natural person who is                   ‘‘estimated’’ or a capital letter des-
                                                                     the primary contact for the consumer                      ignation in form H–25, set forth in ap-
                                                                     with the person identified in paragraph                   pendix H to this part, that heading,
                                                                     (r)(1) of this section, labeled ‘‘Con-                    label, or similar designation shall con-
                                                                     tact’’;                                                   tain the word ‘‘estimated’’ and the ap-
                                                                       (5) NMLSR ID, labeled ‘‘Contact                         plicable capital letter designation.
                                                                     NMLS ID,’’ or, if none, license number                       (3) Form. Except as provided in para-
                                                                     or other unique identifier issued by the                  graph (t)(5) of this section:
                                                                     applicable jurisdiction or regulating                        (i) For a transaction subject to
                                                                     body with which the person is licensed                    § 1026.19(f) that is a federally related
                                                                     and/or registered, labeled ‘‘Contact Li-                  mortgage loan, as defined in Regula-
                                                                     cense ID,’’ with the abbreviation for                     tion X, 12 CFR 1024.2, the disclosures
                                                                     the State of the applicable jurisdiction                  must be made using form H–25, set
                                                                     or regulatory body stated before the                      forth in appendix H to this part.
                                                                     word ‘‘License’’ in the label, for the                       (ii) For any other transaction subject
                                                                     natural person identified in paragraph                    to this section, the disclosures must be
                                                                     (r)(4) of this section,                                   made with headings, content, and for-
                                                                       (6) Email address for the person iden-                  mat substantially similar to form H–25,
                                                                     tified in paragraph (r)(4) of this sec-                   set forth in appendix H to this part.
                                                                     tion, labeled ‘‘Email’’; and                                 (iii) The disclosures required by this
                                                                       (7) Telephone number for the person                     section may be provided to the con-
                                                                     identified in paragraph (r)(4) of this                    sumer in electronic form, subject to
                                                                     section, labeled ‘‘Phone.’’                               compliance with the consumer consent
                                                                       (s) Signature statement. (1) At the                     and other applicable provisions of the
                                                                     creditor’s option, under the heading                      Electronic Signatures in Global and
                                                                     ‘‘Confirm Receipt,’’ a line for the sig-                  National Commerce Act (15 U.S.C. 7001
                                                                     natures of the consumers in the trans-                    et seq.).
                                                                     action. If the creditor provides a line                      (4) Rounding—(i) Nearest dollar. The
                                                                     for the consumer’s signature, the cred-                   following dollar amounts are required
                                                                     itor must disclose above the signature                    to be rounded to the nearest whole dol-
                                                                     line the statement required to be dis-                    lar:
                                                                     closed under § 1026.37(n)(1).                                (A) The dollar amounts required to
                                                                       (2) If the creditor does not provide a                  be disclosed by paragraph (b) of this
                                                                     line for the consumer’s signature, the                    section that are required to be rounded
                                                                     statement required to be disclosed                        by § 1026.37(o)(4)(i)(A) when disclosed
                                                                     under § 1026.37(n)(2) under the heading                   under § 1026.37(b)(6) and (7);
                                                                     ‘‘Other Disclosures’’ required by para-                      (B) The dollar amounts required to be
                                                                     graph (p) of this section.                                disclosed by paragraph (c) of this sec-
                                                                       (t) Form of disclosures—(1) General re-                 tion that are required to be rounded by
                                                                     quirements. (i) The creditor shall make                   § 1026.37(o)(4)(i)(A) when disclosed under
                                                                     the disclosures required by this section                  § 1026.37(c)(1)(iii);




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                                                                     clearly and conspicuously in writing,                        (C) The dollar amounts required to be
                                                                     in a form that the consumer may keep.                     disclosed by paragraphs (e) and (i) of

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                                                                     § 1026.38                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     this section under the subheading                         that are not used may be deleted and
                                                                     ‘‘Loan Estimate’’;                                        the deleted line numbers added to the
                                                                        (D) The dollar amounts required to                     space provided for any other of those
                                                                     be disclosed by paragraph (m) of this                     paragraphs as necessary to accommo-
                                                                     section; and                                              date the disclosure of additional items.
                                                                        (E) The dollar amounts required to be                     (B) Two pages. To the extent that
                                                                     disclosed by paragraph (c) of this sec-                   adding or deleting line numbers pro-
                                                                     tion that are required to be rounded by                   vided on form H–25 of appendix H to
                                                                     § 1026.37(o)(4)(i)(C) when disclosed under                this part, as permitted by paragraph
                                                                     § 1026.37(c)(2)(iv).                                      (t)(5)(iv)(A) of this section, does not ac-
                                                                        (ii) Percentages. The percentage                       commodate an itemization of all infor-
                                                                     amounts required to be disclosed under                    mation required to be disclosed by
                                                                     paragraphs (b), (f)(1), (n), and (o)(4) and
                                                                                                                               paragraphs (f) through (h) on one page,
                                                                     (5) of this section shall be disclosed by
                                                                                                                               the information required to be dis-
                                                                     rounding the exact amounts to three
                                                                                                                               closed by paragraphs (f) through (h) of
                                                                     decimal places and then dropping any
                                                                                                                               this section may be disclosed on two
                                                                     trailing zeros to the right of the dec-
                                                                     imal point.                                               pages, provided that the information
                                                                        (iii) Loan amount. The dollar amount                   required by paragraph (f) is disclosed
                                                                     required to be disclosed by paragraph                     on a page separate from the informa-
                                                                     (b) of this section as required by                        tion required by paragraph (g). The in-
                                                                     § 1026.37(b)(1) shall be disclosed as an                  formation required by paragraph (g), if
                                                                     unrounded number, except that if the                      disclosed on a page separate from para-
                                                                     amount is a whole number then the                         graph (f), shall be disclosed on the
                                                                     amount disclosed shall be truncated at                    same page as the information required
                                                                     the decimal point.                                        by paragraph (h).
                                                                        (5) Exceptions—(i) Unit-period. Wher-                     (v) Separation of consumer and seller
                                                                     ever the form or this section uses                        information. The creditor or settlement
                                                                     ‘‘monthly’’ to describe the frequency of                  agent preparing the form may use form
                                                                     any payments or uses ‘‘month’’ to de-                     H–25 of appendix H to this part for the
                                                                     scribe the applicable unit-period, the                    disclosure provided to both the con-
                                                                     creditor shall substitute the appro-                      sumer and the seller, with the fol-
                                                                     priate term to reflect the fact that the                  lowing modifications to separate the
                                                                     transaction’s terms provide for other                     information of the consumer and seller,
                                                                     than monthly periodic payments, such                      as necessary:
                                                                     as bi-weekly or quarterly payments.                          (A) The information required to be
                                                                        (ii) Lender credits. The amount re-                    disclosed by paragraphs (j) and (k) of
                                                                     quired to be disclosed by paragraph                       this section may be disclosed on sepa-
                                                                     (d)(1)(i)(D) of this section may be omit-                 rate pages to the consumer and the
                                                                     ted from the form if the amount is                        seller, respectively, with the informa-
                                                                     zero.
                                                                                                                               tion required by the other paragraph
                                                                        (iii) Administrative information. The
                                                                                                                               left blank. The information disclosed
                                                                     creditor may insert at the bottom of
                                                                                                                               to the consumer pursuant to paragraph
                                                                     each page under the disclosures re-
                                                                     quired by this section as illustrated by                  (j) of this section must be disclosed on
                                                                     form H–25 of appendix H to this part,                     the same page as the information re-
                                                                     any administrative information, text,                     quired by paragraph (i) of this section.
                                                                     or codes that assist in identification of                    (B) The information required to be
                                                                     the form or the information disclosed                     disclosed by paragraphs (f) and (g) of
                                                                     on the form, provided that the space                      this section with respect to costs paid
                                                                     provided on form H–25 for any of the in-                  by the consumer may be left blank on
                                                                     formation required by this section is                     the disclosure provided to the seller.
                                                                     not altered.                                                 (C) The information required by para-
                                                                        (iv) Closing cost details—(A) Additional               graphs (a)(2), (a)(4)(iii), (a)(5), (b)
                                                                     line numbers. Line numbers provided on                    through (d), (i), (l) through (p), (r) with
                                                                     form H–25 of appendix H to this part for                  respect to the creditor and mortgage
                                                                     the disclosure of the information re-                     broker, and (s)(2) of this section may be




jspears on DSK121TN23PROD with CFR
                                                                     quired by paragraphs (f)(1) through (3)                   left blank on the disclosure provided to
                                                                     and (g)(1) through (4) of this section                    the seller.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.39

                                                                        (vi) Modified version of the form for a                mation used locally in real estate set-
                                                                     seller or third-party. The information re-                tlements.
                                                                     quired by paragraphs (a)(2), (a)(4)(iii),                 [78 FR 80120, Dec. 31, 2013, as amended at 80
                                                                     (a)(5), (b) through (d), (f), and (g) with                FR 8776, Feb. 19, 2015; 80 FR 43920, July 24,
                                                                     respect to costs paid by the consumer,                    2015; 82 FR 37770, Aug. 11, 2017]
                                                                     (i), (j), (l) through (p), (q)(1), and (r)
                                                                     with respect to the creditor and mort-                    § 1026.39 Mortgage        transfer   disclo-
                                                                     gage broker, and (s) of this section may                        sures.
                                                                     be deleted from the form provided to                         (a) Scope. The disclosure require-
                                                                     the seller or a third-party, as illus-                    ments of this section apply to any cov-
                                                                     trated by form H–25(I) of appendix H to                   ered person except as otherwise pro-
                                                                     this part.                                                vided in this section. For purposes of
                                                                        (vii) Transaction without a seller or si-              this section:
                                                                     multaneous subordinate financing trans-                      (1) A ‘‘covered person’’ means any per-
                                                                     action. The following modifications to                    son, as defined in § 1026.2(a)(22), that be-
                                                                     form H–25 of appendix H to this part                      comes the owner of an existing mort-
                                                                     may be made for a transaction that                        gage loan by acquiring legal title to
                                                                     does not involve a seller or for simulta-                 the debt obligation, whether through a
                                                                     neous subordinate financing, and for                      purchase, assignment or other transfer,
                                                                     which the alternative tables are dis-                     and who acquires more than one mort-
                                                                     closed under paragraphs (d)(2) and (e)                    gage loan in any twelve-month period.
                                                                     of this section, as illustrated by form                   For purposes of this section, a servicer
                                                                     H–25(J) of appendix H to this part:                       of a mortgage loan shall not be treated
                                                                        (A) The information required by                        as the owner of the obligation if the
                                                                     paragraph (a)(4)(ii), and paragraphs (f),                 servicer holds title to the loan, or title
                                                                     (g), and (h) of this section with respect                 is assigned to the servicer, solely for
                                                                     to costs paid by the seller, may be de-                   the administrative convenience of the
                                                                     leted.                                                    servicer in servicing the obligation.
                                                                        (B) A table under the master heading                      (2) A ‘‘mortgage loan’’ means:
                                                                     ‘‘Closing Cost Details’’ required by                         (i) An open-end consumer credit
                                                                     paragraph (f) of this section may be                      transaction that is secured by the prin-
                                                                     added with the heading ‘‘Payoffs and                      cipal dwelling of a consumer; and
                                                                     Payments’’ that itemizes the amounts                         (ii) A closed-end consumer credit
                                                                     of payments made at closing to other                      transaction secured by a dwelling or
                                                                     parties from the credit extended to the                   real property.
                                                                     consumer or funds provided by the con-                       (b) Disclosure required. Except as pro-
                                                                     sumer in connection with the trans-                       vided in paragraph (c) of this section,
                                                                     action, including designees of the con-                   each covered person is subject to the
                                                                     sumer; the payees and a description of                    requirements of this section and shall
                                                                     the purpose of such disbursements                         mail or deliver the disclosures required
                                                                     under the subheading ‘‘To’’; and the                      by this section to the consumer on or
                                                                     total amount of such payments labeled                     before the 30th calendar day following
                                                                     ‘‘Total Payoffs and Payments.’’                           the date of transfer.
                                                                        (C) The tables required to be dis-                        (1) Form of disclosures. The disclosures
                                                                     closed by paragraphs (j) and (k) of this                  required by this section shall be pro-
                                                                     section may be deleted.                                   vided clearly and conspicuously in
                                                                        (viii) Translation. The form may be                    writing, in a form that the consumer
                                                                     translated into languages other than                      may keep. The disclosures required by
                                                                     English, and creditors may modify                         this section may be provided to the
                                                                     form H–25 of appendix H to this part to                   consumer in electronic form, subject to
                                                                     the extent that translation prevents                      compliance with the consumer consent
                                                                     the headings, labels, designations, and                   and other applicable provisions of the
                                                                     required disclosure items under this                      Electronic Signatures in Global and
                                                                     section from fitting in the space pro-                    National Commerce Act (E-Sign Act)
                                                                     vided on form H–25.                                       (15 U.S.C. 7001 et seq.).
                                                                        (ix) Customary recitals and informa-                      (2) The date of transfer. For purposes
                                                                     tion. An additional page may be at-                       of this section, the date of transfer to




jspears on DSK121TN23PROD with CFR
                                                                     tached to the form for the purpose of                     the covered person may, at the covered
                                                                     including customary recitals and infor-                   person’s option, be either the date of

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                                                                     § 1026.39                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     acquisition recognized in the books and                   ferred, and state the following, except
                                                                     records of the acquiring party, or the                    that the information required by para-
                                                                     date of transfer recognized in the books                  graph (d)(5) of this section shall be
                                                                     and records of the transferring party.                    stated only for a mortgage loan that is
                                                                       (3) Multiple consumers. If more than                    a closed-end consumer credit trans-
                                                                     one consumer is liable on the obliga-                     action secured by a dwelling or real
                                                                     tion, a covered person may mail or de-                    property other than a reverse mortgage
                                                                     liver the disclosures to any consumer                     transaction subject to § 1026.33 of this
                                                                     who is primarily liable.                                  part:
                                                                       (4) Multiple transfers. If a mortgage                     (1) The name, address, and telephone
                                                                     loan is acquired by a covered person                      number of the covered person.
                                                                     and subsequently sold, assigned, or                         (i) If a single disclosure is provided
                                                                     otherwise transferred to another cov-                     on behalf of more than one covered per-
                                                                     ered person, a single disclosure may be                   son, the information required by this
                                                                     provided on behalf of both covered per-                   paragraph shall be provided for each of
                                                                     sons if the disclosure satisfies the tim-                 them unless paragraph (d)(1)(ii) of this
                                                                     ing and content requirements applica-                     section applies.
                                                                     ble to each covered person.                                 (ii) If a single disclosure is provided
                                                                       (5) Multiple covered persons. If an ac-                 on behalf of more than one covered per-
                                                                     quisition involves multiple covered                       son and one of them has been author-
                                                                     persons who jointly acquire the loan, a                   ized in accordance with paragraph
                                                                     single disclosure must be provided on                     (d)(3) of this section to receive the con-
                                                                     behalf of all covered persons.                            sumer’s notice of the right to rescind
                                                                       (c) Exceptions. Notwithstanding para-                   and resolve issues concerning the con-
                                                                     graph (b) of this section, a covered per-                 sumer’s payments on the loan, the in-
                                                                     son is not subject to the requirements                    formation required by paragraph (d)(1)
                                                                     of this section with respect to a par-                    of this section may be provided only
                                                                     ticular mortgage loan if:                                 for that covered person.
                                                                       (1) The covered person sells, or other-                   (2) The date of transfer.
                                                                     wise transfers or assigns legal title to                    (3) The name, address and telephone
                                                                     the mortgage loan on or before the 30th                   number of an agent or party authorized
                                                                     calendar day following the date that                      to receive notice of the right to rescind
                                                                     the covered person acquired the mort-                     and resolve issues concerning the con-
                                                                     gage loan which shall be the date of                      sumer’s payments on the loan. How-
                                                                     transfer recognized for purposes of                       ever, no information is required to be
                                                                     paragraph (b)(2) of this section;                         provided under this paragraph if the
                                                                       (2) The mortgage loan is transferred                    consumer can use the information pro-
                                                                     to the covered person in connection                       vided under paragraph (d)(1) of this sec-
                                                                     with a repurchase agreement that obli-                    tion for these purposes.
                                                                     gates the transferor to repurchase the                      (4) Where transfer of ownership of the
                                                                     loan. However, if the transferor does                     debt to the covered person is or may be
                                                                     not repurchase the loan, the covered                      recorded in public records, or, alter-
                                                                     person must provide the disclosures re-                   natively, that the transfer of owner-
                                                                     quired by this section within 30 days                     ship has not been recorded in public
                                                                     after the date that the transaction is                    records at the time the disclosure is
                                                                     recognized as an acquisition on its                       provided.
                                                                     books and records; or                                       (5) Partial payment policy. Under the
                                                                       (3) The covered person acquires only                    subheading ‘‘Partial Payment’’:
                                                                     a partial interest in the loan and the                      (i) If periodic payments that are less
                                                                     party authorized to receive the con-                      than the full amount due are accepted,
                                                                     sumer’s notice of the right to rescind                    a statement that the covered person,
                                                                     and resolve issues concerning the con-                    using the term ‘‘lender,’’ may accept
                                                                     sumer’s payments on the loan does not                     partial payments and apply such pay-
                                                                     change as a result of the transfer of the                 ments to the consumer’s loan;
                                                                     partial interest.                                           (ii) If periodic payments that are less
                                                                       (d) Content of required disclosures. The                than the full amount due are accepted
                                                                     disclosures required by this section                      but not applied to a consumer’s loan




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                                                                     shall identify the mortgage loan that                     until the consumer pays the remainder
                                                                     was sold, assigned or otherwise trans-                    of the full amount due, a statement

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.40

                                                                     that the covered person, using the term                   be provided on the application form or
                                                                     ‘‘lender,’’ may hold partial payments                     on a separate form. The disclosure de-
                                                                     in a separate account until the con-                      scribed in paragraph (d)(4)(iii), the
                                                                     sumer pays the remainder of the pay-                      itemization of third-party fees de-
                                                                     ment and then apply the full periodic                     scribed in paragraph (d)(8), and the
                                                                     payment to the consumer’s loan;                           variable-rate information described in
                                                                        (iii) If periodic payments that are                    paragraph (d)(12) of this section may be
                                                                     less than the full amount due are not                     provided separately from the other re-
                                                                     accepted, a statement that the covered                    quired disclosures.
                                                                     person, using the term ‘‘lender,’’ does                     (2) Precedence of certain disclosures.
                                                                     not accept any partial payments; and                      The disclosures described in paragraph
                                                                        (iv) A statement that, if the loan is                  (d)(1) through (4)(ii) of this section
                                                                     sold, the new covered person, using the                   shall precede the other required disclo-
                                                                     term ‘‘lender,’’ may have a different                     sures.
                                                                     policy.                                                     (3) For an application that is
                                                                        (e) Optional disclosures. In addition to               accessed by the consumer in electronic
                                                                     the information required to be dis-                       form, the disclosures required under
                                                                     closed under paragraph (d) of this sec-                   this section may be provided to the
                                                                     tion, a covered person may, at its op-                    consumer in electronic form on or with
                                                                     tion, provide any other information re-                   the application.
                                                                     garding the transaction.                                    (b) Time of disclosures. The disclosures
                                                                        (f) Successor in interest. If, upon con-               and brochure required by paragraphs
                                                                     firmation, a servicer provides a con-                     (d) and (e) of this section shall be pro-
                                                                     firmed successor in interest who is not                   vided at the time an application is pro-
                                                                     liable on the mortgage loan obligation                    vided to the consumer. The disclosures
                                                                     with a written notice and acknowledg-                     and the brochure may be delivered or
                                                                     ment form in accordance with Regula-                      placed in the mail not later than three
                                                                     tion X, § 1024.32(c)(1) of this chapter,                  business days following receipt of a
                                                                     the servicer is not required to provide                   consumer’s application in the case of
                                                                     to the confirmed successor in interest                    applications contained in magazines or
                                                                     any written disclosure required by                        other publications, or when the appli-
                                                                     paragraph (b) of this section unless and                  cation is received by telephone or
                                                                     until the confirmed successor in inter-                   through an intermediary agent or
                                                                     est either assumes the mortgage loan                      broker.
                                                                     obligation under State law or has pro-                      (c) Duties of third parties. Persons
                                                                     vided the servicer an executed ac-                        other than the creditor who provide ap-
                                                                     knowledgment in accordance with Reg-                      plications to consumers for home eq-
                                                                     ulation X, § 1024.32(c)(1)(iv) of this chap-              uity plans must provide the brochure
                                                                     ter, that the confirmed successor in in-                  required under paragraph (e) of this
                                                                     terest has not revoked.                                   section at the time an application is
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 78             provided. If such persons have the dis-
                                                                     FR 80130, Dec. 31, 2013; 81 FR 72388, Oct. 19,            closures required under paragraph (d)
                                                                     2016]                                                     of this section for a creditor’s home eq-
                                                                                                                               uity plan, they also shall provide the
                                                                     § 1026.40 Requirements for home eq-                       disclosures at such time. The disclo-
                                                                          uity plans.                                          sures and the brochure may be deliv-
                                                                        The requirements of this section                       ered or placed in the mail not later
                                                                     apply to open-end credit plans secured                    than three business days following re-
                                                                     by the consumer’s dwelling. For pur-                      ceipt of a consumer’s application in the
                                                                     poses of this section, an annual per-                     case of applications contained in maga-
                                                                     centage rate is the annual percentage                     zines or other publications, or when
                                                                     rate corresponding to the periodic rate                   the application is received by tele-
                                                                     as determined under § 1026.14(b).                         phone or through an intermediary
                                                                        (a) Form of disclosures—(1) General.                   agent or broker.
                                                                     The disclosures required by paragraph                       (d) Content of disclosures. The creditor
                                                                     (d) of this section shall be made clearly                 shall provide the following disclosures,
                                                                     and conspicuously and shall be grouped                    as applicable:




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                                                                     together and segregated from all unre-                      (1) Retention of information. A state-
                                                                     lated information. The disclosures may                    ment that the consumer should make

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                                                                     § 1026.40                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     or otherwise retain a copy of the dis-                    balloon payment may result. A balloon
                                                                     closures.                                                 payment results if paying the min-
                                                                       (2) Conditions for disclosed terms. (i) A               imum periodic payments does not fully
                                                                     statement of the time by which the                        amortize the outstanding balance by a
                                                                     consumer must submit an application                       specified date or time, and the con-
                                                                     to obtain specific terms disclosed and                    sumer must repay the entire out-
                                                                     an identification of any disclosed term                   standing balance at such time.
                                                                     that is subject to change prior to open-                    (iii) An example, based on a $10,000
                                                                     ing the plan.                                             outstanding balance and a recent an-
                                                                       (ii) A statement that, if a disclosed                   nual percentage rate, showing the min-
                                                                     term changes (other than a change due
                                                                                                                               imum periodic payment, any balloon
                                                                     to fluctuations in the index in a vari-
                                                                                                                               payment, and the time it would take to
                                                                     able-rate plan) prior to opening the
                                                                     plan and the consumer therefore elects                    repay the $10,000 outstanding balance if
                                                                     not to open the plan, the consumer                        the consumer made only those pay-
                                                                     may receive a refund of all fees paid in                  ments and obtained no additional ex-
                                                                     connection with the application.                          tensions of credit. For fixed-rate plans,
                                                                       (3) Security interest and risk to home. A               a recent annual percentage rate is a
                                                                     statement that the creditor will ac-                      rate that has been in effect under the
                                                                     quire a security interest in the con-                     plan within the twelve months pre-
                                                                     sumer’s dwelling and that loss of the                     ceding the date the disclosures are pro-
                                                                     dwelling may occur in the event of de-                    vided to the consumer. For variable-
                                                                     fault.                                                    rate plans, a recent annual percentage
                                                                       (4) Possible actions by creditor. (i) A                 rate is the most recent rate provided in
                                                                     statement that, under certain condi-                      the historical example described in
                                                                     tions, the creditor may terminate the                     paragraph (d)(12)(xi) of this section or a
                                                                     plan and require payment of the out-                      rate that has been in effect under the
                                                                     standing balance in full in a single pay-                 plan since the date of the most recent
                                                                     ment and impose fees upon termi-                          rate in the table.
                                                                     nation; prohibit additional extensions                      (6) Annual percentage rate. For fixed-
                                                                     of credit or reduce the credit limit;                     rate plans, a recent annual percentage
                                                                     and, as specified in the initial agree-                   rate imposed under the plan and a
                                                                     ment, implement certain changes in
                                                                                                                               statement that the rate does not in-
                                                                     the plan.
                                                                                                                               clude costs other than interest. A re-
                                                                       (ii) A statement that the consumer
                                                                                                                               cent annual percentage rate is a rate
                                                                     may receive, upon request, information
                                                                     about the conditions under which such                     that has been in effect under the plan
                                                                     actions may occur.                                        within the twelve months preceding
                                                                       (iii) In lieu of the disclosure required                the date the disclosures are provided to
                                                                     under paragraph (d)(4)(ii) of this sec-                   the consumer.
                                                                     tion, a statement of such conditions.                       (7) Fees imposed by creditor. An
                                                                       (5) Payment terms. The payment terms                    itemization of any fees imposed by the
                                                                     of the plan. If different payment terms                   creditor to open, use, or maintain the
                                                                     may apply to the draw and any repay-                      plan, stated as a dollar amount or per-
                                                                     ment period, or if different payment                      centage, and when such fees are pay-
                                                                     terms may apply within either period,                     able.
                                                                     the disclosures shall reflect the dif-                      (8) Fees imposed by third parties to open
                                                                     ferent payment terms. The payment                         a plan. A good faith estimate, stated as
                                                                     terms of the plan include:                                a single dollar amount or range, of any
                                                                       (i) The length of the draw period and                   fees that may be imposed by persons
                                                                     any repayment period.                                     other than the creditor to open the
                                                                       (ii) An explanation of how the min-                     plan, as well as a statement that the
                                                                     imum periodic payment will be deter-                      consumer may receive, upon request, a
                                                                     mined and the timing of the payments.                     good faith itemization of such fees. In
                                                                     If paying only the minimum periodic
                                                                                                                               lieu of the statement, the itemization
                                                                     payments may not repay any of the
                                                                                                                               of such fees may be provided.
                                                                     principal or may repay less than the




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                                                                     outstanding balance, a statement of                         (9) Negative amortization. A statement
                                                                     this fact, as well as a statement that a                  that negative amortization may occur

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.40

                                                                     and that negative amortization in-                        that may be imposed under each pay-
                                                                     creases the principal balance and re-                     ment option.
                                                                     duces the consumer’s equity in the                           (x) The minimum periodic payment
                                                                     dwelling.                                                 required when the maximum annual
                                                                       (10) Transaction requirements. Any                      percentage rate for each payment op-
                                                                     limitations on the number of exten-                       tion is in effect for a $10,000 out-
                                                                     sions of credit and the amount of credit                  standing balance, and a statement of
                                                                     that may be obtained during any time                      the earliest date or time the maximum
                                                                     period, as well as any minimum out-                       rate may be imposed.
                                                                     standing balance and minimum draw                            (xi) An historical example, based on a
                                                                     requirements, stated as dollar amounts                    $10,000 extension of credit, illustrating
                                                                     or percentages.                                           how annual percentage rates and pay-
                                                                       (11) Tax implications. A statement                      ments would have been affected by
                                                                     that the consumer should consult a tax                    index value changes implemented ac-
                                                                     advisor regarding the deductibility of                    cording to the terms of the plan. The
                                                                     interest and charges under the plan.                      historical example shall be based on
                                                                       (12) Disclosures for variable-rate plans.               the most recent 15 years of index val-
                                                                     For a plan in which the annual per-                       ues (selected for the same time period
                                                                     centage rate is variable, the following                   each year) and shall reflect all signifi-
                                                                     disclosures, as applicable:                               cant plan terms, such as negative am-
                                                                       (i) The fact that the annual percent-                   ortization, rate carryover, rate dis-
                                                                     age rate, payment, or term may change                     counts, and rate and payment limita-
                                                                     due to the variable-rate feature.                         tions, that would have been affected by
                                                                       (ii) A statement that the annual per-                   the index movement during the period.
                                                                     centage rate does not include costs                          (xii) A statement that rate informa-
                                                                     other than interest.                                      tion will be provided on or with each
                                                                       (iii) The index used in making rate                     periodic statement.
                                                                     adjustments and a source of informa-                         (e) Brochure. The home equity bro-
                                                                     tion about the index.                                     chure entitled ‘‘What You Should
                                                                       (iv) An explanation of how the an-                      Know About Home Equity Lines of
                                                                     nual percentage rate will be deter-                       Credit’’ or a suitable substitute shall
                                                                     mined, including an explanation of how                    be provided.
                                                                     the index is adjusted, such as by the                        (f) Limitations on home equity plans.
                                                                     addition of a margin.                                     No creditor may, by contract or other-
                                                                       (v) A statement that the consumer                       wise:
                                                                     should ask about the current index                           (1) Change the annual percentage
                                                                     value, margin, discount or premium,                       rate unless:
                                                                     and annual percentage rate.                                  (i) Such change is based on an index
                                                                       (vi) A statement that the initial an-                   that is not under the creditor’s control;
                                                                     nual percentage rate is not based on                      and
                                                                     the index and margin used to make                            (ii) Such index is available to the
                                                                     later rate adjustments, and the period                    general public.
                                                                     of time such initial rate will be in ef-                     (2) Terminate a plan and demand re-
                                                                     fect.                                                     payment of the entire outstanding bal-
                                                                       (vii) The frequency of changes in the                   ance in advance of the original term
                                                                     annual percentage rate.                                   (except for reverse mortgage trans-
                                                                       (viii) Any rules relating to changes in                 actions that are subject to paragraph
                                                                     the index value and the annual per-                       (f)(4) of this section) unless:
                                                                     centage rate and resulting changes in                        (i) There is fraud or material mis-
                                                                     the payment amount, including, for ex-                    representation by the consumer in con-
                                                                     ample, an explanation of payment limi-                    nection with the plan;
                                                                     tations and rate carryover.                                  (ii) The consumer fails to meet the
                                                                       (ix) A statement of any annual or                       repayment terms of the agreement for
                                                                     more frequent periodic limitations on                     any outstanding balance;
                                                                     changes in the annual percentage rate                        (iii) Any action or inaction by the
                                                                     (or a statement that no annual limita-                    consumer adversely affects the credi-




jspears on DSK121TN23PROD with CFR
                                                                     tion exists), as well as a statement of                   tor’s security for the plan, or any right
                                                                     the maximum annual percentage rate                        of the creditor in such security; or

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                                                                     § 1026.40                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (iv) Federal law dealing with credit                    index is newly established and there-
                                                                     extended by a depository institution to                   fore does not have any rate history, it
                                                                     its executive officers specifically re-                   may be used if the replacement index
                                                                     quires that as a condition of the plan                    value in effect on October 18, 2021, and
                                                                     the credit shall become due and pay-                      the replacement margin will produce
                                                                     able on demand, provided that the                         an annual percentage rate substan-
                                                                     creditor includes such a provision in                     tially similar to the rate calculated
                                                                     the initial agreement.                                    using the LIBOR index value in effect
                                                                       (3) Change any term, except that a                      on October 18, 2021, and the margin
                                                                     creditor may:                                             that applied to the variable rate imme-
                                                                       (i) Provide in the initial agreement                    diately prior to the replacement of the
                                                                     that it may prohibit additional exten-                    LIBOR index used under the plan. If
                                                                     sions of credit or reduce the credit                      the replacement index is not published
                                                                     limit during any period in which the                      on October 18, 2021, the creditor gen-
                                                                     maximum annual percentage rate is                         erally must use the next calendar day
                                                                     reached. A creditor also may provide in                   for which both the LIBOR index and
                                                                     the initial agreement that specified                      the replacement index are published as
                                                                     changes will occur if a specified event                   the date for selecting indices values in
                                                                     takes place (for example, that the an-                    determining whether the annual per-
                                                                     nual percentage rate will increase a                      centage rate based on the replacement
                                                                     specified amount if the consumer                          index is substantially similar to the
                                                                     leaves the creditor’s employment).                        rate based on the LIBOR index. The
                                                                       (ii)(A) Change the index and margin                     one exception is that if the replace-
                                                                     used under the plan if the original                       ment index is the Board-selected
                                                                     index is no longer available, the re-                     benchmark replacement for consumer
                                                                     placement index has historical fluctua-                   loans to replace the 1-month, 3-month,
                                                                     tions substantially similar to that of                    6-month, or 12-month U.S. Dollar
                                                                     the original index, and the replacement                   LIBOR index, the creditor must use the
                                                                     index and replacement margin would                        index value on June 30, 2023, for the
                                                                     have resulted in an annual percentage                     LIBOR index and, for the Board-se-
                                                                     rate substantially similar to the rate                    lected benchmark replacement for con-
                                                                     in effect at the time the original index                  sumer loans, must use the index value
                                                                     became unavailable. If the replacement                    on the first date that index is pub-
                                                                     index is newly established and there-                     lished, in determining whether the an-
                                                                     fore does not have any rate history, it                   nual percentage rate based on the re-
                                                                     may be used if it and the replacement                     placement index is substantially simi-
                                                                     margin will produce an annual percent-                    lar to the rate based on the LIBOR
                                                                     age rate substantially similar to the                     index.
                                                                     rate in effect when the original index
                                                                                                                                 (iii) Make a specified change if the
                                                                     became unavailable; or
                                                                                                                               consumer specifically agrees to it in
                                                                       (B) If a variable rate on the plan is
                                                                                                                               writing at that time.
                                                                     calculated using a LIBOR index,
                                                                     change the LIBOR index and the mar-                         (iv) Make a change that will un-
                                                                     gin for calculating the variable rate on                  equivocally benefit the consumer
                                                                     or after April 1, 2022, to a replacement                  throughout the remainder of the plan.
                                                                     index and a replacement margin, as                          (v) Make an insignificant change to
                                                                     long as historical fluctuations in the                    terms.
                                                                     LIBOR index and replacement index                           (vi) Prohibit additional extensions of
                                                                     were substantially similar, and as long                   credit or reduce the credit limit appli-
                                                                     as the replacement index value in ef-                     cable to an agreement during any pe-
                                                                     fect on October 18, 2021, and replace-                    riod in which:
                                                                     ment margin will produce an annual                          (A) The value of the dwelling that se-
                                                                     percentage rate substantially similar                     cures the plan declines significantly
                                                                     to the rate calculated using the LIBOR                    below the dwelling’s appraised value
                                                                     index value in effect on October 18,                      for purposes of the plan;
                                                                     2021, and the margin that applied to                        (B) The creditor reasonably believes
                                                                     the variable rate immediately prior to                    that the consumer will be unable to




jspears on DSK121TN23PROD with CFR
                                                                     the replacement of the LIBOR index                        fulfill the repayment obligations under
                                                                     used under the plan. If the replacement                   the plan because of a material change

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.41

                                                                     in the consumer’s financial cir-                          § 1026.41 Periodic statements for resi-
                                                                     cumstances;                                                     dential mortgage loans.
                                                                       (C) The consumer is in default of any                      (a) In general—(1) Scope. This section
                                                                     material obligation under the agree-                      applies to a closed-end consumer credit
                                                                     ment;                                                     transaction secured by a dwelling, un-
                                                                       (D) The creditor is precluded by gov-                   less an exemption in paragraph (e) of
                                                                     ernment action from imposing the an-                      this section applies. A closed-end con-
                                                                     nual percentage rate provided for in                      sumer credit transaction secured by a
                                                                     the agreement;                                            dwelling is referred to as a mortgage
                                                                       (E) The priority of the creditor’s se-                  loan for purposes of this section.
                                                                     curity interest is adversely affected by                     (2) Periodic statements. A servicer of a
                                                                     government action to the extent that                      transaction subject to this section
                                                                                                                               shall provide the consumer, for each
                                                                     the value of the security interest is
                                                                                                                               billing cycle, a periodic statement
                                                                     less than 120 percent of the credit line;                 meeting the requirements of para-
                                                                     or                                                        graphs (b), (c), and (d) of this section. If
                                                                       (F) The creditor is notified by its reg-                a mortgage loan has a billing cycle
                                                                     ulatory agency that continued ad-                         shorter than a period of 31 days (for ex-
                                                                     vances constitute an unsafe and un-                       ample, a bi-weekly billing cycle), a
                                                                     sound practice.                                           periodic statement covering an entire
                                                                       (4) For reverse mortgage transactions                   month may be used. For the purposes
                                                                     that are subject to § 1026.33, terminate                  of this section, servicer includes the
                                                                     a plan and demand repayment of the                        creditor, assignee, or servicer, as appli-
                                                                     entire outstanding balance in advance                     cable. A creditor or assignee that does
                                                                     of the original term except:                              not currently own the mortgage loan
                                                                       (i) In the case of default;                             or the mortgage servicing rights is not
                                                                       (ii) If the consumer transfers title to                 subject to the requirement in this sec-
                                                                     the property securing the note;                           tion to provide a periodic statement.
                                                                                                                                  (b) Timing of the periodic statement.
                                                                       (iii) If the consumer ceases using the
                                                                                                                               The periodic statement must be deliv-
                                                                     property securing the note as the pri-
                                                                                                                               ered or placed in the mail within a rea-
                                                                     mary dwelling; or
                                                                                                                               sonably prompt time after the payment
                                                                       (iv) Upon the consumer’s death.                         due date or the end of any courtesy pe-
                                                                       (g) Refund of fees. A creditor shall re-                riod provided for the previous billing
                                                                     fund all fees paid by the consumer to                     cycle.
                                                                     anyone in connection with an applica-                        (c) Form of the periodic statement. The
                                                                     tion if any term required to be dis-                      servicer must make the disclosures re-
                                                                     closed under paragraph (d) of this sec-                   quired by this section clearly and con-
                                                                     tion changes (other than a change due                     spicuously in writing, or electronically
                                                                     to fluctuations in the index in a vari-                   if the consumer agrees, and in a form
                                                                     able-rate plan) before the plan is                        that the consumer may keep. Sample
                                                                     opened and, as a result, the consumer                     forms for periodic statements are pro-
                                                                     elects not to open the plan.                              vided in appendix H–30. Proper use of
                                                                       (h) Imposition of nonrefundable fees.                   these forms complies with the require-
                                                                     Neither a creditor nor any other person                   ments of this paragraph (c) and the
                                                                     may impose a nonrefundable fee in con-                    layout requirements in paragraph (d) of
                                                                     nection with an application until three                   this section.
                                                                     business days after the consumer re-                         (d) Content and layout of the periodic
                                                                                                                               statement. The periodic statement re-
                                                                     ceives the disclosures and brochure re-
                                                                                                                               quired by this section shall include:
                                                                     quired under this section. If the disclo-
                                                                                                                                  (1) Amount due. Grouped together in
                                                                     sures and brochure are mailed to the                      close proximity to each other and lo-
                                                                     consumer, the consumer is considered                      cated at the top of the first page of the
                                                                     to have received them three business                      statement:
                                                                     days after they are mailed.                                  (i) The payment due date;
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 86                (ii) The amount of any late payment
                                                                                                                               fee, and the date on which that fee will




jspears on DSK121TN23PROD with CFR
                                                                     FR 69781, Dec. 8, 2021; 88 FR 30622, May 11,
                                                                     2023]                                                     be imposed if payment has not been re-
                                                                                                                               ceived; and

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                                                                     § 1026.41                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (iii) The amount due, shown more                        funds to be applied. The information
                                                                     prominently than other disclosures on                     must be on the front page of the state-
                                                                     the page and, if the transaction has                      ment or, alternatively, may be in-
                                                                     multiple payment options, the amount                      cluded on a separate page enclosed
                                                                     due under each of the payment options.                    with the periodic statement or in a sep-
                                                                       (2) Explanation of amount due. The fol-                 arate letter.
                                                                     lowing items, grouped together in close                     (6) Contact information. A toll-free
                                                                     proximity to each other and located on                    telephone number and, if applicable, an
                                                                     the first page of the statement:                          electronic mailing address that may be
                                                                       (i) The monthly payment amount, in-                     used by the consumer to obtain infor-
                                                                     cluding a breakdown showing how
                                                                                                                               mation about the consumer’s account,
                                                                     much, if any, will be applied to prin-
                                                                                                                               located on the front page of the state-
                                                                     cipal, interest, and escrow and, if a
                                                                     mortgage loan has multiple payment                        ment.
                                                                     options, a breakdown of each of the                         (7) Account information. The following
                                                                     payment options along with informa-                       information:
                                                                     tion on whether the principal balance                       (i) The amount of the outstanding
                                                                     will increase, decrease, or stay the                      principal balance;
                                                                     same for each option listed;                                (ii) The current interest rate in effect
                                                                       (ii) The total sum of any fees or                       for the mortgage loan;
                                                                     charges imposed since the last state-                       (iii) The date after which the interest
                                                                     ment; and                                                 rate may next change;
                                                                       (iii) Any payment amount past due.                        (iv) The existence of any prepayment
                                                                       (3) Past payment breakdown. The fol-                    penalty, as defined in § 1026.32(b)(6)(i),
                                                                     lowing items, grouped together in close                   that may be charged;
                                                                     proximity to each other and located on                      (v) The Web site to access either the
                                                                     the first page of the statement:                          Bureau list or the HUD list of home-
                                                                       (i) The total of all payments received
                                                                                                                               ownership counselors and counseling
                                                                     since the last statement, including a
                                                                                                                               organizations and the HUD toll-free
                                                                     breakdown showing the amount, if any,
                                                                     that was applied to principal, interest,                  telephone number to access contact in-
                                                                     escrow, fees and charges, and the                         formation for homeownership coun-
                                                                     amount, if any, sent to any suspense or                   selors or counseling organizations; and
                                                                     unapplied funds account; and                                (8) Delinquency information. If the
                                                                       (ii) The total of all payments re-                      consumer is more than 45 days delin-
                                                                     ceived since the beginning of the cur-                    quent, the following items, grouped to-
                                                                     rent calendar year, including a break-                    gether in close proximity to each other
                                                                     down of that total showing the                            and located on the first page of the
                                                                     amount, if any, that was applied to                       statement or, alternatively, on a sepa-
                                                                     principal, interest, escrow, fees and                     rate page enclosed with the periodic
                                                                     charges, and the amount, if any, cur-                     statement or in a separate letter:
                                                                     rently held in any suspense or                              (i) The length of the consumer’s de-
                                                                     unapplied funds account.                                  linquency;
                                                                       (4) Transaction activity. A list of all                   (ii) A notification of possible risks,
                                                                     the transaction activity that occurred                    such as foreclosure, and expenses, that
                                                                     since the last statement. For purposes                    may be incurred if the delinquency is
                                                                     of this paragraph (d)(4), transaction ac-                 not cured;
                                                                     tivity means any activity that causes a
                                                                                                                                 (iii) An account history showing, for
                                                                     credit or debit to the amount currently
                                                                                                                               the previous six months or the period
                                                                     due. This list must include the date of
                                                                     the transaction, a brief description of                   since the last time the account was
                                                                     the transaction, and the amount of the                    current, whichever is shorter, the
                                                                     transaction for each activity on the                      amount remaining past due from each
                                                                     list.                                                     billing cycle or, if any such payment
                                                                       (5) Partial payment information. If a                   was fully paid, the date on which it was
                                                                     statement reflects a partial payment                      credited as fully paid;
                                                                     that was placed in a suspense or                            (iv) A notice indicating any loss




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                                                                     unapplied funds account, information                      mitigation program to which the con-
                                                                     explaining what must be done for the                      sumer has agreed, if applicable;

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.41

                                                                        (v) A notice of whether the servicer                   all of which the servicer (or an affil-
                                                                     has made the first notice or filing re-                   iate) is the creditor or assignee;
                                                                     quired by applicable law for any judi-                      (B) Is a Housing Finance Agency, as
                                                                     cial or non-judicial foreclosure process,                 defined in 24 CFR 266.5; or
                                                                     if applicable;                                              (C) Is a nonprofit entity that services
                                                                        (vi) The total payment amount need-                    5,000 or fewer mortgage loans, includ-
                                                                     ed to bring the account current; and                      ing any mortgage loans serviced on be-
                                                                        (vii) A reference to the homeowner-                    half of associated nonprofit entities,
                                                                     ship counselor information disclosed                      for all of which the servicer or an asso-
                                                                     pursuant to paragraph (d)(7)(v) of this                   ciated nonprofit entity is the creditor.
                                                                     section.                                                  For     purposes     of   this   paragraph
                                                                        (e) Exemptions—(1) Reverse mortgages.                  (e)(4)(ii)(C), the following definitions
                                                                     Reverse mortgage transactions, as de-                     apply:
                                                                     fined by § 1026.33(a), are exempt from                      (1) The term ‘‘nonprofit entity’’
                                                                     the requirements of this section.                         means an entity having a tax exemp-
                                                                        (2) Timeshare plans. Transactions se-                  tion ruling or determination letter
                                                                     cured by consumers’ interests in                          from the Internal Revenue Service
                                                                     timeshare plans, as defined by 11 U.S.C.                  under section 501(c)(3) of the Internal
                                                                     101(53D), are exempt from the require-                    Revenue Code of 1986 (26 U.S.C.
                                                                     ments of this section.                                    501(c)(3); 26 CFR 1.501(c)(3)–1), and;
                                                                        (3) Coupon books. The requirements of                    (2) The term ‘‘associated nonprofit
                                                                     paragraph (a) of this section do not                      entities’’ means nonprofit entities that
                                                                     apply to fixed-rate loans if the                          by agreement operate using a common
                                                                     servicer:                                                 name, trademark, or servicemark to
                                                                        (i) Provides the consumer with a cou-                  further and support a common chari-
                                                                     pon book that includes on each coupon                     table mission or purpose.
                                                                     the information listed in paragraph                         (iii) Small servicer determination. In de-
                                                                     (d)(1) of this section;                                   termining whether a servicer satisfies
                                                                        (ii) Provides the consumer with a                      paragraph (e)(4)(ii)(A) of this section,
                                                                     coupon book that includes anywhere in                     the servicer is evaluated based on the
                                                                     the coupon book:                                          mortgage loans serviced by the servicer
                                                                        (A) The account information listed in                  and any affiliates as of January 1 and
                                                                     paragraph (d)(7) of this section;                         for the remainder of the calendar year.
                                                                        (B) The contact information for the                    In determining whether a servicer sat-
                                                                     servicer, listed in paragraph (d)(6) of                   isfies paragraph (e)(4)(ii)(C) of this sec-
                                                                     this section; and                                         tion, the servicer is evaluated based on
                                                                        (C) Information on how the consumer                    the mortgage loans serviced by the
                                                                     can obtain the information listed in                      servicer as of January 1 and for the re-
                                                                     paragraph (e)(3)(iii) of this section;                    mainder of the calendar year. A
                                                                        (iii) Makes available upon request to                  servicer that ceases to qualify as a
                                                                     the consumer by telephone, in writing,                    small servicer will have six months
                                                                     in person, or electronically, if the con-                 from the time it ceases to qualify or
                                                                     sumer consents, the information listed                    until the next January 1, whichever is
                                                                     in paragraph (d)(2) through (5) of this                   later, to comply with any requirements
                                                                     section; and                                              from which the servicer is no longer ex-
                                                                        (iv) Provides the consumer the infor-                  empt as a small servicer. The following
                                                                     mation listed in paragraph (d)(8) of this                 mortgage loans are not considered in
                                                                     section in writing, for any billing cycle                 determining whether a servicer quali-
                                                                     during which the consumer is more                         fies as a small servicer:
                                                                     than 45 days delinquent.                                    (A) Mortgage loans voluntarily serv-
                                                                        (4) Small servicers—(i) Exemption. A                   iced by the servicer for a non-affiliate
                                                                     creditor, assignee, or servicer is ex-                    of the servicer and for which the
                                                                     empt from the requirements of this                        servicer does not receive any com-
                                                                     section for mortgage loans serviced by                    pensation or fees.
                                                                     a small servicer.                                           (B) Reverse mortgage transactions.
                                                                        (ii) Small servicer defined. A small                     (C) Mortgage loans secured by con-
                                                                     servicer is a servicer that:                              sumers’ interests in timeshare plans.




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                                                                        (A) Services, together with any affili-                  (D) Transactions serviced by the
                                                                     ates, 5,000 or fewer mortgage loans, for                  servicer for a seller financer that

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                                                                     § 1026.41                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     meets all of the criteria identified in                   ing the servicer to cease providing a
                                                                     § 1026.36(a)(5).                                          periodic statement or coupon book.
                                                                        (5) Certain consumers in bankruptcy—                      (iii) Exclusive address. A servicer may
                                                                     (i) Exemption. Except as provided in                      establish an address that a consumer
                                                                     paragraph (e)(5)(ii) of this section, a                   must use to submit a written request
                                                                     servicer is exempt from the require-                      under      paragraph     (e)(5)(i)(B)(1) or
                                                                     ments of this section with regard to a                    (e)(5)(ii) of this section, provided that
                                                                     mortgage loan if:                                         the servicer notifies the consumer of
                                                                        (A) Any consumer on the mortgage                       the address in a manner that is reason-
                                                                     loan is a debtor in bankruptcy under                      ably designed to inform the consumer
                                                                     title 11 of the United States Code or                     of the address. If a servicer designates
                                                                     has discharged personal liability for                     a specific address for requests under
                                                                     the mortgage loan pursuant to 11                          paragraph (e)(5)(i)(B)(1) or (e)(5)(ii) of
                                                                     U.S.C. 727, 1141, 1228, or 1328; and                      this section, the servicer shall des-
                                                                        (B) With regard to any consumer on                     ignate the same address for purposes of
                                                                     the mortgage loan:                                        both paragraphs (e)(5)(i)(B)(1) and
                                                                        (1) The consumer requests in writing                   (e)(5)(ii) of this section.
                                                                     that the servicer cease providing a                          (iv) Timing of compliance following
                                                                     periodic statement or coupon book;                        transition—(A) Triggering events for
                                                                        (2) The consumer’s bankruptcy plan                     transitioning to modified and unmodified
                                                                     provides that the consumer will sur-                      periodic statements. A servicer transi-
                                                                     render the dwelling securing the mort-                    tions to providing a periodic statement
                                                                     gage loan, provides for the avoidance of                  or coupon book with the modifications
                                                                     the lien securing the mortgage loan, or                   set forth in paragraph (f) of this sec-
                                                                     otherwise does not provide for, as ap-                    tion or to providing a periodic state-
                                                                     plicable, the payment of pre-bank-                        ment or coupon book without such
                                                                     ruptcy arrearage or the maintenance of                    modifications when one of the fol-
                                                                     payments due under the mortgage
                                                                                                                               lowing three events occurs:
                                                                     loan;
                                                                                                                                  (1) A mortgage loan becomes subject
                                                                        (3) A court enters an order in the
                                                                                                                               to the requirements of paragraph (f) of
                                                                     bankruptcy case providing for the
                                                                                                                               this section;
                                                                     avoidance of the lien securing the
                                                                     mortgage loan, lifting the automatic                         (2) A mortgage loan ceases to be sub-
                                                                     stay pursuant to 11 U.S.C. 362 with re-                   ject to the requirements of paragraph
                                                                     gard to the dwelling securing the mort-                   (f) of this section; or
                                                                     gage loan, or requiring the servicer to                      (3) A servicer ceases to qualify for an
                                                                     cease providing a periodic statement or                   exemption pursuant to paragraph
                                                                     coupon book; or                                           (e)(5)(i) of this section with respect to a
                                                                        (4) The consumer files with the court                  mortgage loan.
                                                                     overseeing the bankruptcy case a                             (B) Single-statement exemption. As of
                                                                     statement of intention pursuant to 11                     the date on which one of the events
                                                                     U.S.C. 521(a) identifying an intent to                    listed in paragraph (e)(5)(iv)(A) of this
                                                                     surrender the dwelling securing the                       section occurs, a servicer is exempt
                                                                     mortgage loan and a consumer has not                      from the requirements of this section
                                                                     made any partial or periodic payment                      with respect to the next periodic state-
                                                                     on the mortgage loan after the com-                       ment or coupon book that would other-
                                                                     mencement of the consumer’s bank-                         wise be required but thereafter must
                                                                     ruptcy case.                                              provide modified or unmodified peri-
                                                                        (ii) Reaffirmation or consumer request                 odic statements or coupon books that
                                                                     to receive statement or coupon book. A                    comply with the requirements of this
                                                                     servicer ceases to qualify for an exemp-                  section.
                                                                     tion pursuant to paragraph (e)(5)(i) of                      (6) Charged-off loans. (i) A servicer is
                                                                     this section with respect to a mortgage                   exempt from the requirements of this
                                                                     loan if the consumer reaffirms personal                   section for a mortgage loan if the
                                                                     liability for the loan or any consumer                    servicer:
                                                                     on the loan requests in writing that the                     (A) Has charged off the loan in ac-
                                                                     servicer provide a periodic statement                     cordance with loan-loss provisions and




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                                                                     or coupon book, unless a court enters                     will not charge any additional fees or
                                                                     an order in the bankruptcy case requir-                   interest on the account; and

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.41

                                                                       (B) Provides, within 30 days of                         other disclosures on the page shall not
                                                                     charge-off or the most recent periodic                    apply.
                                                                     statement, a periodic statement, clear-                     (2) Bankruptcy notices. The periodic
                                                                     ly and conspicuously labeled ‘‘Suspen-                    statement must include the following:
                                                                     sion of Statements & Notice of Charge                       (i) A statement identifying the con-
                                                                     Off—Retain This Copy for Your                             sumer’s status as a debtor in bank-
                                                                     Records.’’ The periodic statement must                    ruptcy or the discharged status of the
                                                                     clearly and conspicuously explain that,                   mortgage loan; and
                                                                     as applicable, the mortgage loan has                        (ii) A statement that the periodic
                                                                     been charged off and the servicer will                    statement is for informational pur-
                                                                     not charge any additional fees or inter-                  poses only.
                                                                     est on the account; the servicer will no                    (3) Chapter 12 and chapter 13 con-
                                                                     longer provide the consumer a periodic                    sumers. In addition to any other provi-
                                                                     statement for each billing cycle; the                     sions of this paragraph (f) that may
                                                                     lien on the property remains in place                     apply, with regard to a mortgage loan
                                                                     and the consumer remains liable for                       for which any consumer with primary
                                                                     the mortgage loan obligation and any                      liability is a debtor in a chapter 12 or
                                                                     obligations arising from or related to                    chapter 13 bankruptcy case, the re-
                                                                     the property, which may include prop-                     quirements of this section are subject
                                                                     erty taxes; the consumer may be re-                       to the following modifications:
                                                                     quired to pay the balance on the ac-
                                                                                                                                 (i) Requirements not applicable. In ad-
                                                                     count in the future, for example, upon
                                                                                                                               dition to omitting the information set
                                                                     sale of the property; the balance on the
                                                                                                                               forth in paragraph (f)(1) of this section,
                                                                     account is not being canceled or for-
                                                                                                                               the periodic statement may also omit
                                                                     given; and the loan may be purchased,
                                                                                                                               the information set forth in paragraphs
                                                                     assigned, or transferred.
                                                                                                                               (d)(8)(iii), (iv), (vi), and (vii) of this sec-
                                                                       (ii) Resuming compliance. (A) If a
                                                                                                                               tion.
                                                                     servicer fails at any time to treat a
                                                                                                                                 (ii) Amount due. The amount due in-
                                                                     mortgage loan that is exempt under
                                                                                                                               formation set forth in paragraph (d)(1)
                                                                     paragraph (e)(6)(i) of this section as
                                                                                                                               of this section may be limited to the
                                                                     charged off or charges any additional
                                                                                                                               date and amount of the post-petition
                                                                     fees or interest on the account, the ob-
                                                                                                                               payments due and any post-petition
                                                                     ligation to provide a periodic state-
                                                                                                                               fees and charges imposed by the
                                                                     ment pursuant to this section resumes.
                                                                                                                               servicer.
                                                                       (B) Prohibition on retroactive fees. A
                                                                     servicer may not retroactively assess                       (iii) Explanation of amount due. The
                                                                     fees or interest on the account for the                   explanation of amount due information
                                                                     period of time during which the exemp-                    set forth in paragraph (d)(2) of this sec-
                                                                     tion in paragraph (e)(6)(i) of this sec-                  tion may be limited to:
                                                                     tion applied.                                               (A) The monthly post-petition pay-
                                                                       (f) Modified periodic statements and                    ment amount, including a breakdown
                                                                     coupon books for certain consumers in                     showing how much, if any, will be ap-
                                                                     bankruptcy. While any consumer on a                       plied to principal, interest, and escrow;
                                                                     mortgage loan is a debtor in bank-                          (B) The total sum of any post-peti-
                                                                     ruptcy under title 11 of the United                       tion fees or charges imposed since the
                                                                     States Code, or if such consumer has                      last statement; and
                                                                     discharged personal liability for the                       (C)     Any      post-petition     payment
                                                                     mortgage loan pursuant to 11 U.S.C.                       amount past due.
                                                                     727, 1141, 1228, or 1328, the requirements                  (iv) Transaction activity. The trans-
                                                                     of this section are subject to the fol-                   action activity information set forth in
                                                                     lowing modifications with regard to                       paragraph (d)(4) of this section must
                                                                     that mortgage loan:                                       include all payments the servicer has
                                                                       (1) Requirements not applicable. The                    received since the last statement, in-
                                                                     periodic statement may omit the infor-                    cluding all post-petition and pre-peti-
                                                                     mation set forth in paragraphs (d)(1)(ii)                 tion payments and payments of post-
                                                                     and (d)(8)(i), (ii), and (v) of this section.             petition fees and charges, and all post-
                                                                     The requirement in paragraph (d)(1)(iii)                  petition fees and charges the servicer




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                                                                     of this section that the amount due                       has imposed since the last statement.
                                                                     must be shown more prominently than                       The brief description of the activity

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                                                                     § 1026.42                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     need not identify the source of any                          (5) Coupon books. A servicer that pro-
                                                                     payments.                                                 vides a coupon book instead of a peri-
                                                                        (v) Pre-petition arrearage. If applica-                odic statement under paragraph (e)(3)
                                                                     ble, a servicer must disclose, grouped                    of this section must include in the cou-
                                                                     in close proximity to each other and lo-                  pon book the disclosures set forth in
                                                                     cated on the first page of the state-                     paragraphs (f)(2) and (f)(3)(vi) of this
                                                                     ment or, alternatively, on a separate                     section, as applicable. The servicer
                                                                     page enclosed with the periodic state-                    may include these disclosures any-
                                                                     ment or in a separate letter:                             where in the coupon book provided to
                                                                        (A) The total of all pre-petition pay-                 the consumer or on a separate page en-
                                                                     ments received since the last state-                      closed with the coupon book. The
                                                                     ment;                                                     servicer must make available upon re-
                                                                        (B) The total of all pre-petition pay-                 quest to the consumer by telephone, in
                                                                     ments received since the beginning of                     writing, in person, or electronically, if
                                                                     the consumer’s bankruptcy case; and                       the consumer consents, the informa-
                                                                        (C) The current balance of the con-                    tion listed in paragraph (f)(3)(v) of this
                                                                     sumer’s pre-petition arrearage.                           section, as applicable. The modifica-
                                                                        (vi) Additional disclosures. The peri-                 tions set forth in paragraphs (f)(1) and
                                                                     odic statement must include, as appli-                    (f)(3)(i) through (iv) and (vi) of this sec-
                                                                     cable:                                                    tion apply to a coupon book and other
                                                                        (A) A statement that the amount due                    information a servicer provides to the
                                                                     includes only post-petition payments                      consumer under paragraph (e)(3) of this
                                                                     and does not include other payments                       section.
                                                                     that may be due under the terms of the                       (g) Successor in interest. If, upon con-
                                                                     consumer’s bankruptcy plan;                               firmation, a servicer provides a con-
                                                                        (B) If the consumer’s bankruptcy                       firmed successor in interest who is not
                                                                     plan requires the consumer to make                        liable on the mortgage loan obligation
                                                                     the post-petition mortgage payments                       with a written notice and acknowledg-
                                                                     directly to a bankruptcy trustee, a                       ment form in accordance with Regula-
                                                                     statement that the consumer should                        tion X, § 1024.32(c)(1) of this chapter,
                                                                     send the payment to the trustee and                       the servicer is not required to provide
                                                                     not to the servicer;                                      to the confirmed successor in interest
                                                                        (C) A statement that the information                   any written disclosure required by this
                                                                     disclosed on the periodic statement                       section unless and until the confirmed
                                                                     may not include payments the con-                         successor in interest either assumes
                                                                     sumer has made to the trustee and may                     the mortgage loan obligation under
                                                                     not be consistent with the trustee’s                      State law or has provided the servicer
                                                                     records;                                                  an executed acknowledgment in ac-
                                                                        (D) A statement that encourages the                    cordance        with     Regulation       X,
                                                                     consumer to contact the consumer’s                        § 1024.32(c)(1)(iv) of this chapter, that
                                                                     attorney or the trustee with questions                    the confirmed successor in interest has
                                                                     regarding the application of payments;                    not revoked.
                                                                     and
                                                                        (E) If the consumer is more than 45                    [78 FR 11007, Feb. 14, 2013, as amended at 78
                                                                     days delinquent on post-petition pay-                     FR 44718, July 24, 2013; 78 FR 63005, Oct. 23,
                                                                                                                               2013; 79 FR 65322, Nov. 3, 2014; 81 FR 72388,
                                                                     ments, a statement that the servicer
                                                                                                                               Oct. 19, 2016; 83 FR 10559, Mar. 12, 2018]
                                                                     has not received all the payments that
                                                                     became due since the consumer filed                       § 1026.42     Valuation independence.
                                                                     for bankruptcy.
                                                                        (4) Multiple obligors. If this paragraph                 (a) Scope. This section applies to any
                                                                     (f) applies in connection with a mort-                    consumer credit transaction secured by
                                                                     gage loan with more than one primary                      the consumer’s principal dwelling.
                                                                     obligor, the servicer may provide the                       (b) Definitions. For purposes of this
                                                                     modified statement to any or all of the                   section:
                                                                     primary obligors, even if a primary ob-                     (1) ‘‘Covered person’’ means a cred-
                                                                     ligor to whom the servicer provides the                   itor with respect to a covered trans-




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                                                                     modified statement is not a debtor in                     action or a person that provides ‘‘set-
                                                                     bankruptcy.                                               tlement services,’’ as defined in 12

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.42

                                                                     U.S.C. 2602(3) and implementing regula-                   consumer’s principal dwelling at or
                                                                     tions, in connection with a covered                       above a certain amount;
                                                                     transaction.                                                 (C) Implying to a person that pre-
                                                                        (2) ‘‘Covered transaction’’ means an                   pares valuations that current or future
                                                                     extension of consumer credit that is or                   retention of the person depends on the
                                                                     will be secured by the consumer’s prin-                   amount at which the person estimates
                                                                     cipal      dwelling,   as    defined    in                the value of the consumer’s principal
                                                                     § 1026.2(a)(19).                                          dwelling;
                                                                        (3) ‘‘Valuation’’ means an estimate of                    (D) Excluding a person that prepares
                                                                     the value of the consumer’s principal                     a valuation from consideration for fu-
                                                                     dwelling in written or electronic form,                   ture engagement because the person re-
                                                                     other than one produced solely by an                      ports a value for the consumer’s prin-
                                                                     automated model or system.                                cipal dwelling that does not meet or
                                                                        (4) ‘‘Valuation management func-                       exceed a predetermined threshold; and
                                                                     tions’’ means:                                               (E) Conditioning the compensation
                                                                        (i) Recruiting, selecting, or retaining                paid to a person that prepares a valu-
                                                                     a person to prepare a valuation;                          ation on consummation of the covered
                                                                        (ii) Contracting with or employing a                   transaction.
                                                                     person to prepare a valuation;                               (2) Mischaracterization of value—(i)
                                                                        (iii) Managing or overseeing the proc-                 Misrepresentation. In connection with a
                                                                     ess of preparing a valuation, including                   covered transaction, no person that
                                                                     by providing administrative services                      prepares valuations shall materially
                                                                     such as receiving orders for and receiv-                  misrepresent the value of the con-
                                                                     ing a valuation, submitting a com-                        sumer’s principal dwelling in a valu-
                                                                     pleted valuation to creditors and un-                     ation. A misrepresentation is material
                                                                     derwriters, collecting fees from credi-                   for purposes of this paragraph (c)(2)(i)
                                                                     tors and underwriters for services pro-                   if it is likely to significantly affect the
                                                                     vided in connection with a valuation,                     value assigned to the consumer’s prin-
                                                                     and compensating a person that pre-                       cipal dwelling. A bona fide error shall
                                                                     pares valuations; or                                      not be a misrepresentation.
                                                                        (iv) Reviewing or verifying the work                      (ii) Falsification or alteration. In con-
                                                                     of a person that prepares valuations.                     nection with a covered transaction, no
                                                                        (c) Valuation of consumer’s principal                  covered person shall falsify and no cov-
                                                                     dwelling—(1) Coercion. In connection                      ered person other than a person that
                                                                     with a covered transaction, no covered                    prepares valuations shall materially
                                                                     person shall or shall attempt to di-                      alter a valuation. An alteration is ma-
                                                                     rectly or indirectly cause the value as-                  terial for purposes of this paragraph
                                                                     signed to the consumer’s principal                        (c)(2)(ii) if it is likely to significantly
                                                                     dwelling to be based on any factor                        affect the value assigned to the con-
                                                                     other than the independent judgment                       sumer’s principal dwelling.
                                                                     of a person that prepares valuations,                        (iii) Inducement of mischaracterization.
                                                                     through coercion, extortion, induce-                      In connection with a covered trans-
                                                                     ment, bribery, or intimidation of, com-                   action, no covered person shall induce
                                                                     pensation or instruction to, or collu-                    a person to violate paragraph (c)(2)(i)
                                                                     sion with a person that prepares valu-                    or (ii) of this section.
                                                                     ations or performs valuation manage-                         (3) Permitted actions. Examples of ac-
                                                                     ment functions.                                           tions that do not violate paragraph
                                                                        (i) Examples of actions that violate                   (c)(1) or (c)(2) include:
                                                                     paragraph (c)(1) include:                                    (i) Asking a person that prepares a
                                                                        (A) Seeking to influence a person                      valuation to consider additional, ap-
                                                                     that prepares a valuation to report a                     propriate property information, includ-
                                                                     minimum or maximum value for the                          ing information about comparable
                                                                     consumer’s principal dwelling;                            properties, to make or support a valu-
                                                                        (B) Withholding or threatening to                      ation;
                                                                     withhold timely payment to a person                          (ii) Requesting that a person that
                                                                     that prepares a valuation or performs                     prepares a valuation provide further




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                                                                     valuation management functions be-                        detail, substantiation, or explanation
                                                                     cause the person does not value the                       for the person’s conclusion about the

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                                                                     § 1026.42                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     value of the consumer’s principal                         not part of the creditor’s loan produc-
                                                                     dwelling;                                                 tion function, as defined in paragraph
                                                                       (iii) Asking a person that prepares a                   (d)(5)(i) of this section, and whose com-
                                                                     valuation to correct errors in the valu-                  pensation is not based on the closing of
                                                                     ation;                                                    the transaction to which the valuation
                                                                       (iv) Obtaining multiple valuations                      relates; and
                                                                     for the consumer’s principal dwelling                        (iii) No employee, officer or director
                                                                     to select the most reliable valuation;                    in the creditor’s loan production func-
                                                                       (v) Withholding compensation due to                     tion, as defined in paragraph (d)(5)(i) of
                                                                     breach of contract or substandard per-                    this section, is directly or indirectly
                                                                     formance of services; and                                 involved in selecting, retaining, recom-
                                                                       (vi) Taking action permitted or re-                     mending or influencing the selection of
                                                                     quired by applicable Federal or state                     the person to prepare a valuation or
                                                                     statute, regulation, or agency guid-                      perform valuation management func-
                                                                     ance.                                                     tions, or to be included in or excluded
                                                                       (d) Prohibition on conflicts of interest—               from a list of approved persons who
                                                                     (1)(i) In general. No person preparing a                  prepare valuations or perform valu-
                                                                     valuation or performing valuation                         ation management functions.
                                                                     management functions for a covered                           (3) Employees and affiliates of creditors
                                                                     transaction may have a direct or indi-                    with assets of $250 million or less for ei-
                                                                     rect interest, financial or otherwise, in                 ther of the past two calendar years. For
                                                                     the property or transaction for which                     any covered transaction in which the
                                                                     the valuation is or will be performed.                    creditor had assets of $250 million or
                                                                       (ii) Employees and affiliates of credi-                 less as of December 31st for either of
                                                                     tors; providers of multiple settlement serv-              the past two calendar years, a person
                                                                     ices. In any covered transaction, no                      subject to paragraph (d)(1)(i) of this
                                                                     person violates paragraph (d)(1)(i) of                    section who is employed by or affili-
                                                                     this section based solely on the fact
                                                                                                                               ated with the creditor does not have a
                                                                     that the person:
                                                                                                                               conflict of interest in violation of para-
                                                                       (A) Is an employee or affiliate of the
                                                                                                                               graph (d)(1)(i) of this section based on
                                                                     creditor; or
                                                                                                                               the person’s employment or affiliate
                                                                       (B) Provides a settlement service in
                                                                                                                               relationship with the creditor if:
                                                                     addition to preparing valuations or
                                                                     performing      valuation     management                     (i) The compensation of the person
                                                                     functions, or based solely on the fact                    preparing a valuation or performing
                                                                     that the person’s affiliate performs an-                  valuation management functions is not
                                                                     other settlement service.                                 based on the value arrived at in any
                                                                       (2) Employees and affiliates of creditors               valuation; and
                                                                     with assets of more than $250 million for                    (ii) The creditor requires that any
                                                                     both of the past two calendar years. For                  employee, officer or director of the
                                                                     any covered transaction in which the                      creditor who orders, performs, or re-
                                                                     creditor had assets of more than $250                     views a valuation for a covered trans-
                                                                     million as of December 31st for both of                   action abstain from participating in
                                                                     the past two calendar years, a person                     any decision to approve, not approve,
                                                                     subject to paragraph (d)(1)(i) of this                    or set the terms of that transaction.
                                                                     section who is employed by or affili-                        (4) Providers of multiple settlement serv-
                                                                     ated with the creditor does not have a                    ices. For any covered transaction, a
                                                                     conflict of interest in violation of para-                person who prepares a valuation or per-
                                                                     graph (d)(1)(i) of this section based on                  forms valuation management functions
                                                                     the person’s employment or affiliate                      in addition to performing another set-
                                                                     relationship with the creditor if:                        tlement service for the transaction, or
                                                                       (i) The compensation of the person                      whose affiliate performs another set-
                                                                     preparing a valuation or performing                       tlement service for the transaction,
                                                                     valuation management functions is not                     does not have a conflict of interest in
                                                                     based on the value arrived at in any                      violation of paragraph (d)(1)(i) of this
                                                                     valuation;                                                section as a result of the person or the
                                                                       (ii) The person preparing a valuation                   person’s affiliate performing another




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                                                                     or performing valuation management                        settlement service for the transaction
                                                                     functions reports to a person who is                      if:

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.42

                                                                        (i) The creditor had assets of more                    of paragraph (f) of this section,
                                                                     than $250 million as of December 31st                     ‘‘agents’’ of the creditor do not include
                                                                     for both of the past two calendar years                   any fee appraiser as defined in para-
                                                                     and the conditions in paragraph                           graph (f)(4)(i) of this section.
                                                                     (d)(2)(i)-(iii) are met; or                                  (2) Presumption of compliance. A cred-
                                                                        (ii) The creditor had assets of $250                   itor and its agents shall be presumed to
                                                                     million or less as of December 31st for                   comply with paragraph (f)(1) of this
                                                                     either of the past two calendar years                     section if:
                                                                     and the conditions in paragraph                              (i) The creditor or its agents com-
                                                                     (d)(3)(i)-(ii) are met.                                   pensate the fee appraiser in an amount
                                                                        (5) Definitions. For purposes of this                  that is reasonably related to recent
                                                                     paragraph (d), the following definitions                  rates paid for comparable appraisal
                                                                     apply:                                                    services performed in the geographic
                                                                        (i) Loan production function. The term                 market of the property being ap-
                                                                     ‘‘loan production function’’ means an                     praised. In determining this amount, a
                                                                     employee, officer, director, depart-                      creditor or its agents shall review the
                                                                     ment, division, or other unit of a cred-                  factors below and make any adjust-
                                                                     itor with responsibility for generating                   ments to recent rates paid in the rel-
                                                                     covered transactions, approving cov-                      evant geographic market necessary to
                                                                     ered transactions, or both.                               ensure that the amount of compensa-
                                                                        (ii) Settlement service. The term ‘‘set-               tion is reasonable:
                                                                     tlement service’’ has the same meaning                       (A) The type of property,
                                                                     as in the Real Estate Settlement Pro-                        (B) The scope of work,
                                                                     cedures Act, 12 U.S.C. 2601 et seq.                          (C) The time in which the appraisal
                                                                        (iii) Affiliate. The term ‘‘affiliate’’                services are required to be performed,
                                                                     has the same meaning as in Regulation                        (D) Fee appraiser qualifications,
                                                                     Y of the Board of Governors of the Fed-                      (E) Fee appraiser experience and pro-
                                                                     eral Reserve System, 12 CFR 225.2(a).                     fessional record, and
                                                                        (e) When extension of credit prohibited.                  (F) Fee appraiser work quality; and
                                                                     In connection with a covered trans-                          (ii) The creditor and its agents do not
                                                                     action, a creditor that knows, at or be-                  engage in any anticompetitive acts in
                                                                     fore consummation, of a violation of                      violation of state or Federal law that
                                                                     paragraph (c) or (d) of this section in                   affect the compensation paid to fee ap-
                                                                     connection with a valuation shall not                     praisers, including:
                                                                     extend credit based on the valuation,                        (A) Entering into any contracts or
                                                                     unless the creditor documents that it                     engaging in any conspiracies to re-
                                                                     has acted with reasonable diligence to                    strain trade through methods such as
                                                                     determine that the valuation does not                     price fixing or market allocation, as
                                                                     materially misstate or misrepresent                       prohibited under section 1 of the Sher-
                                                                     the value of the consumer’s principal                     man Antitrust Act, 15 U.S.C. 1, or any
                                                                     dwelling. For purposes of this para-                      other relevant antitrust laws; or
                                                                     graph (e), a valuation materially mis-                       (B) Engaging in any acts of monopo-
                                                                     states or misrepresents the value of the                  lization such as restricting any person
                                                                     consumer’s principal dwelling if the                      from entering the relevant geographic
                                                                     valuation contains a misstatement or                      market or causing any person to leave
                                                                     misrepresentation that affects the                        the relevant geographic market, as
                                                                     credit decision or the terms on which                     prohibited under section 2 of the Sher-
                                                                     credit is extended.                                       man Antitrust Act, 15 U.S.C. 2, or any
                                                                        (f) Customary and reasonable com-                      other relevant antitrust laws.
                                                                     pensation—(1) Requirement to provide                         (3) Alternative presumption of compli-
                                                                     customary and reasonable compensation                     ance. A creditor and its agents shall be
                                                                     to fee appraisers. In any covered trans-                  presumed to comply with paragraph
                                                                     action, the creditor and its agents shall                 (f)(1) of this section if the creditor or
                                                                     compensate a fee appraiser for per-                       its agents determine the amount of
                                                                     forming appraisal services at a rate                      compensation paid to the fee appraiser
                                                                     that is customary and reasonable for                      by relying on information about rates
                                                                     comparable appraisal services per-                        that:




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                                                                     formed in the geographic market of the                       (i) Is based on objective third-party
                                                                     property being appraised. For purposes                    information, including fee schedules,

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                                                                     § 1026.42, Nt.                                                          12 CFR Ch. X (1–1–25 Edition)

                                                                     studies, and surveys prepared by inde-                       (C) Manage the process of having an
                                                                     pendent third parties such as govern-                     appraisal performed, including pro-
                                                                     ment agencies, academic institutions,                     viding administrative services such as
                                                                     and private research firms;                               receiving appraisal orders and ap-
                                                                       (ii) Is based on recent rates paid to a                 praisal reports, submitting completed
                                                                     representative sample of providers of                     appraisal reports to creditors and un-
                                                                     appraisal services in the geographic                      derwriters, collecting fees from credi-
                                                                     market of the property being appraised                    tors and underwriters for services pro-
                                                                     or the fee schedules of those providers;                  vided, and compensating fee appraisers
                                                                     and                                                       for services performed; or
                                                                       (iii) In the case of information based                     (D) Review and verify the work of fee
                                                                     on fee schedules, studies, and surveys,                   appraisers.
                                                                     such fee schedules, studies, or surveys,                     (g) Mandatory reporting—(1) Reporting
                                                                     or the information derived therefrom,                     required. Any covered person that rea-
                                                                     excludes compensation paid to fee ap-                     sonably believes an appraiser has not
                                                                     praisers for appraisals ordered by ap-                    complied with the Uniform Standards
                                                                     praisal management companies, as de-                      of Professional Appraisal Practice or
                                                                     fined in paragraph (f)(4)(iii) of this sec-               ethical or professional requirements
                                                                     tion.                                                     for appraisers under applicable state or
                                                                       (4) Definitions. For purposes of this                   Federal statutes or regulations shall
                                                                     paragraph (f), the following definitions                  refer the matter to the appropriate
                                                                     apply:                                                    state agency if the failure to comply is
                                                                       (i) Fee appraiser. The term ‘‘fee ap-                   material. For purposes of this para-
                                                                     praiser’’ means:                                          graph (g)(1), a failure to comply is ma-
                                                                                                                               terial if it is likely to significantly af-
                                                                       (A) A natural person who is a state-
                                                                                                                               fect the value assigned to the con-
                                                                     licensed or state-certified appraiser
                                                                                                                               sumer’s principal dwelling.
                                                                     and receives a fee for performing an ap-
                                                                                                                                  (2) Timing of reporting. A covered per-
                                                                     praisal, but who is not an employee of
                                                                                                                               son shall notify the appropriate state
                                                                     the person engaging the appraiser; or
                                                                                                                               agency within a reasonable period of
                                                                       (B) An organization that, in the ordi-
                                                                                                                               time after the person determines that
                                                                     nary course of business, employs state-
                                                                                                                               there is a reasonable basis to believe
                                                                     licensed or state-certified appraisers to
                                                                                                                               that a failure to comply required to be
                                                                     perform appraisals, receives a fee for
                                                                                                                               reported under paragraph (g)(1) of this
                                                                     performing appraisals, and is not sub-
                                                                                                                               section has occurred.
                                                                     ject to the requirements of section 1124
                                                                                                                                  (3) Definition. For purposes of this
                                                                     of the Financial Institutions Reform,
                                                                                                                               paragraph (g), ‘‘state agency’’ means
                                                                     Recovery, and Enforcement Act of 1989
                                                                                                                               ‘‘state appraiser certifying and licens-
                                                                     (12 U.S.C. 3353).
                                                                                                                               ing agency’’ under 12 U.S.C. 3350(1) and
                                                                       (ii) Appraisal services. The term ‘‘ap-                 any implementing regulations. The ap-
                                                                     praisal services’’ means the services re-                 propriate state agency to which a cov-
                                                                     quired to perform an appraisal, includ-                   ered person must refer a matter under
                                                                     ing defining the scope of work, inspect-                  paragraph (g)(1) of this section is the
                                                                     ing the property, reviewing necessary                     agency for the state in which the con-
                                                                     and appropriate public and private data                   sumer’s principal dwelling is located.
                                                                     sources (for example, multiple listing
                                                                                                                                  (h) The Bureau issued a joint rule to
                                                                     services, tax assessment records and
                                                                                                                               implement the appraisal management
                                                                     public land records), developing and
                                                                                                                               company minimum requirements in
                                                                     rendering an opinion of value, and pre-
                                                                                                                               the Financial Institutions Reform, Re-
                                                                     paring and submitting the appraisal re-
                                                                                                                               covery, and Enforcement Act, as
                                                                     port.
                                                                                                                               amended by section 1473 of the Dodd-
                                                                       (iii) Appraisal management company.                     Frank Wall Street Reform and Con-
                                                                     The term ‘‘appraisal management com-                      sumer Protection Act. See 12 CFR part
                                                                     pany’’ means any person authorized to                     34.
                                                                     perform one or more of the following
                                                                     actions on behalf of the creditor:                        [76 FR 79772, Dec. 22, 2011, as amended at 80
                                                                       (A) Recruit, select, and retain fee ap-                 FR 32687, June 9, 2015]




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                                                                     praisers;(B) Contract with fee apprais-                     EFFECTIVE DATE NOTE: At 89 FR 64577, Aug.
                                                                     ers to perform appraisal services;                        7, 2024, § 1026.42 was amended by revising

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                                                                     Consumer Financial Protection Bureau                                                        § 1026.42, Nt.
                                                                     paragraph (a) and adding paragraph (i), effec-            tion with its potential sale or transfer to a
                                                                     tive Oct. 1, 2025. For the convenience of the             secondary market issuer; or
                                                                     user, the added and revised text is set forth               (B) Structuring, preparing disclosures for,
                                                                     as follows:                                               or marketing initial offerings of mortgage-
                                                                                                                               backed securitizations.
                                                                     § 1026.42 Valuation independence.                           (iv) Credit decision means a decision regard-
                                                                        (a) Scope. Except for paragraph (i) of this            ing whether and under what terms to origi-
                                                                     section, this section applies to any consumer             nate, modify, terminate, or make other
                                                                     credit transaction secured by the consumer’s              changes to a mortgage, including a decision
                                                                     principal dwelling. Paragraph (i) of this sec-            whether to extend new or additional credit
                                                                     tion applies to any mortgage, as defined in               or change the credit limit on a line of credit.
                                                                     paragraph (i)(2)(v) of this section, secured by             (v) Mortgage means a transaction in which
                                                                     the consumer’s principal dwelling, even if                a mortgage, deed of trust, purchase money
                                                                     the mortgage is primarily for business, com-              security interest arising under an install-
                                                                     mercial, agricultural, or organizational pur-             ment sales contract, or equivalent consen-
                                                                     poses.                                                    sual security interest is created or retained
                                                                                                                               in a consumer’s principal dwelling.
                                                                                                                                 (vi) Mortgage originator means:
                                                                            *          *        *         *         *            (A) Any person who, for direct or indirect
                                                                        (i) Quality Control Standards for Automated            compensation or gain, or in the expectation
                                                                     Valuation Models—(1) Scope. The purpose of                of direct or indirect compensation or gain—
                                                                     this paragraph (i) is to implement quality                  (1) Takes a mortgage application;
                                                                     control standards for the use of automated                  (2) Assists a consumer in obtaining or ap-
                                                                     valuation models in determining the value of              plying to obtain a mortgage; or
                                                                     collateral in connection with making a cred-                (3) Offers or negotiates terms of a mort-
                                                                     it decision or covered securitization deter-              gage;
                                                                     mination regarding a mortgage or mortgage-                  (B) Includes any person who represents to
                                                                     backed security. This paragraph (i) applies               the public, through advertising or other
                                                                     to the use of automated valuation models by               means of communicating or providing infor-
                                                                     any mortgage originator or secondary mar-                 mation (including the use of business cards,
                                                                     ket issuer, other than either a financial in-             stationery, brochures, signs, rate lists, or
                                                                     stitution as defined in 12 U.S.C. 3350(7), or a           other promotional items), that such person
                                                                     subsidiary owned and controlled by such a fi-             can or will provide any of the services or per-
                                                                     nancial institution and regulated by one of               form any of the activities described in para-
                                                                     the Federal financial institutions regulatory             graph (A) of this definition;
                                                                     agencies as defined in 12 U.S.C. 3350(6). This              (C) Does not include any person who is not
                                                                     paragraph (i) does not apply to the use of                otherwise described in paragraph (A) or (B)
                                                                     automated valuation models in:                            of this definition and who performs purely
                                                                        (i) Monitoring of the quality or perform-              administrative or clerical tasks on behalf of
                                                                     ance of mortgages or mortgage-backed secu-                a person who is described in any such para-
                                                                     rities;                                                   graph;
                                                                        (ii) Reviews of the quality of already com-              (D) Does not include a retailer of manufac-
                                                                     pleted determinations of the value of collat-             tured or modular homes or an employee of
                                                                     eral; or                                                  the retailer if the retailer or employee, as
                                                                        (iii) The development of an appraisal by a             applicable—
                                                                     certified or licensed appraiser as defined in               (1) Does not receive compensation or gain
                                                                     § 1026.35(c)(1)(i).                                       for engaging in activities described in para-
                                                                        (2) Definitions. As used in this paragraph             graph (A) of this definition that is in excess
                                                                     (i):                                                      of any compensation or gain received in a
                                                                        (i) Automated valuation model means any                comparable cash transaction;
                                                                     computerized model used by mortgage origi-                  (2) Discloses to the consumer in writing
                                                                     nators and secondary market issuers to de-                any corporate affiliation with any creditor
                                                                     termine the value of a consumer’s principal               and, if the retailer has a corporate affiliation
                                                                     dwelling collateralizing a mortgage.                      with any creditor, at least 1 unaffiliated
                                                                        (ii) Control systems means the functions               creditor; and
                                                                     (such as internal and external audits, risk                 (3) Does not directly negotiate with the
                                                                     review, quality control, and quality assur-               consumer or lender on loan terms (including
                                                                     ance) and information systems that are used               rates, fees, and other costs);
                                                                     to measure performance, make decisions                      (E) Does not include a person or entity
                                                                     about risk, and assess the effectiveness of               that only performs real estate brokerage ac-
                                                                     processes and personnel, including with re-               tivities and is licensed or registered in ac-
                                                                     spect to compliance with statutes and regu-               cordance with applicable State law, unless
                                                                     lations.                                                  such person or entity is compensated by a
                                                                        (iii) Covered securitization determination             lender, a mortgage broker, or other mort-




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                                                                     means a determination regarding:                          gage originator or by any agent of such lend-
                                                                        (A) Whether to waive an appraisal require-             er, mortgage broker, or other mortgage
                                                                     ment for a mortgage origination in connec-                originator;

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                                                                     § 1026.43                                                               12 CFR Ch. X (1–1–25 Edition)
                                                                        (F) Does not include a person that meets                 (iv) An extension of credit made pur-
                                                                     the criteria for seller financers provided in             suant to a program administered by a
                                                                     § 1026.36(a)(4) and (5); and                              Housing Finance Agency, as defined
                                                                        (G) Does not include a servicer or servicer
                                                                     employees, agents and contractors, including
                                                                                                                               under 24 CFR 266.5;
                                                                     but not limited to those who offer or nego-                 (v) An extension of credit made by:
                                                                     tiate terms of a mortgage for purposes of re-               (A) A creditor designated as a Com-
                                                                     negotiating, modifying, replacing and subor-              munity Development Financial Insti-
                                                                     dinating principal of existing mortgages                  tution, as defined under 12 CFR
                                                                     where borrowers are behind in their pay-                  1805.104(h);
                                                                     ments, in default or have a reasonable likeli-              (B) A creditor designated as a Down-
                                                                     hood of being in default or falling behind.               payment Assistance through Sec-
                                                                        (vii) Secondary market issuer means any
                                                                     party that creates, structures, or organizes a
                                                                                                                               ondary Financing Provider, pursuant
                                                                     mortgage-backed securities transaction.                   to 24 CFR 200.194(a), operating in ac-
                                                                        (3) Quality control standards. Mortgage                cordance with regulations prescribed
                                                                     originators and secondary market issuers                  by the U.S. Department of Housing and
                                                                     that engage in credit decisions or covered                Urban Development applicable to such
                                                                     securitization determinations themselves, or              persons;
                                                                     through or in cooperation with a third-party                (C) A creditor designated as a Com-
                                                                     or affiliate, must adopt and maintain poli-
                                                                                                                               munity Housing Development Organi-
                                                                     cies, practices, procedures, and control sys-
                                                                     tems to ensure that automated valuation                   zation provided that the creditor has
                                                                     models used in these transactions adhere to               entered into a commitment with a par-
                                                                     quality control standards designed to:                    ticipating jurisdiction and is under-
                                                                        (i) Ensure a high level of confidence in the           taking a project under the HOME pro-
                                                                     estimates produced;                                       gram, pursuant to the provisions of 24
                                                                        (ii) Protect against the manipulation of               CFR 92.300(a), and as the terms commu-
                                                                     data;                                                     nity housing development organiza-
                                                                        (iii) Seek to avoid conflicts of interest;
                                                                        (iv) Require random sample testing and re-
                                                                                                                               tion, commitment, participating juris-
                                                                     views; and                                                diction, and project are defined under
                                                                        (v) Comply with applicable nondiscrimina-              24 CFR 92.2; or
                                                                     tion laws.                                                  (D) A creditor with a tax exemption
                                                                                                                               ruling or determination letter from the
                                                                     § 1026.43 Minimum         standards    for                Internal Revenue Service under section
                                                                           transactions secured by a dwelling.                 501(c)(3) of the Internal Revenue Code
                                                                        (a) Scope. This section applies to any                 of 1986 (26 U.S.C. 501(c)(3); 26 CFR
                                                                     consumer credit transaction that is se-                   1.501(c)(3)–1), provided that:
                                                                     cured by a dwelling, as defined in                          (1) During the calendar year pre-
                                                                     § 1026.2(a)(19), including any real prop-                 ceding receipt of the consumer’s appli-
                                                                     erty attached to a dwelling, other                        cation, the creditor extended credit se-
                                                                     than:                                                     cured by a dwelling no more than 200
                                                                        (1) A home equity line of credit sub-                  times, except as provided in paragraph
                                                                     ject to § 1026.40;                                        (a)(3)(vii) of this section;
                                                                        (2) A mortgage transaction secured                       (2) During the calendar year pre-
                                                                     by a consumer’s interest in a timeshare                   ceding receipt of the consumer’s appli-
                                                                     plan, as defined in 11 U.S.C. 101(53(D));                 cation, the creditor extended credit se-
                                                                     or                                                        cured by a dwelling only to consumers
                                                                        (3) For purposes of paragraphs (c)                     with income that did not exceed the
                                                                     through (f) of this section:                              low- and moderate-income household
                                                                        (i) A reverse mortgage subject to                      limit as established pursuant to sec-
                                                                     § 1026.33;                                                tion 102 of the Housing and Community
                                                                        (ii) A temporary or ‘‘bridge’’ loan                    Development Act of 1974 (42 U.S.C.
                                                                     with a term of 12 months or less, such                    5302(a)(20)) and amended from time to
                                                                     as a loan to finance the purchase of a                    time by the U.S. Department of Hous-
                                                                     new dwelling where the consumer plans                     ing and Urban Development, pursuant
                                                                     to sell a current dwelling within 12                      to 24 CFR 570.3;
                                                                     months or a loan to finance the initial                     (3) The extension of credit is to a
                                                                     construction of a dwelling;                               consumer with income that does not
                                                                        (iii) A construction phase of 12                       exceed the household limit specified in




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                                                                     months or less of a construction-to-                      paragraph (a)(3)(v)(D)(2) of this section;
                                                                     permanent loan;                                           and

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.43

                                                                       (4) The creditor determines, in ac-                        (3) A bona fide and reasonable fee for
                                                                     cordance with written procedures, that                    housing counseling services; and
                                                                     the consumer has a reasonable ability                        (F) The creditor complies with all
                                                                     to repay the extension of credit.                         other applicable requirements of this
                                                                       (vi) An extension of credit made pur-                   part in connection with the trans-
                                                                     suant to a program authorized by sec-                     action.
                                                                     tions 101 and 109 of the Emergency Eco-                      (b) Definitions. For purposes of this
                                                                     nomic Stabilization Act of 2008 (12                       section:
                                                                     U.S.C. 5211; 5219);                                          (1) Covered transaction means a con-
                                                                       (vii) Consumer credit transactions                      sumer credit transaction that is se-
                                                                     that meet the following criteria are                      cured by a dwelling, as defined in
                                                                     not considered in determining whether                     § 1026.2(a)(19), including any real prop-
                                                                     a creditor exceeds the credit extension                   erty attached to a dwelling, other than
                                                                     limitation in paragraph (a)(3)(v)(D)(1)                   a transaction exempt from coverage
                                                                     of this section:                                          under paragraph (a) of this section.
                                                                       (A) The transaction is secured by a                        (2) Fully amortizing payment means a
                                                                     subordinate lien;                                         periodic payment of principal and in-
                                                                       (B) The transaction is for the purpose                  terest that will fully repay the loan
                                                                     of:                                                       amount over the loan term.
                                                                       (1) Downpayment, closing costs, or                         (3) Fully indexed rate means the inter-
                                                                     other similar home buyer assistance,                      est rate calculated using the index or
                                                                     such as principal or interest subsidies;                  formula that will apply after recast, as
                                                                       (2) Property rehabilitation assist-                     determined at the time of consumma-
                                                                     ance;                                                     tion, and the maximum margin that
                                                                       (3) Energy efficiency assistance; or                    can apply at any time during the loan
                                                                       (4) Foreclosure avoidance or preven-                    term.
                                                                     tion;                                                        (4) Higher-priced covered transaction
                                                                       (C) The credit contract does not re-                    means a covered transaction with an
                                                                     quire payment of interest;                                annual percentage rate that exceeds
                                                                       (D) The credit contract provides that                   the average prime offer rate for a com-
                                                                     repayment of the amount of the credit                     parable transaction as of the date the
                                                                     extended is:                                              interest rate is set by 1.5 or more per-
                                                                       (1) Forgiven either incrementally or                    centage points for a first-lien covered
                                                                     in whole, at a date certain, and subject                  transaction, other than a qualified
                                                                     only to specified ownership and occu-                     mortgage under paragraph (e)(5), (e)(6),
                                                                     pancy conditions, such as a require-                      or (f) of this section; by 3.5 or more per-
                                                                     ment that the consumer maintain the                       centage points for a first-lien covered
                                                                     property as the consumer’s principal                      transaction that is a qualified mort-
                                                                     dwelling for five years;                                  gage under paragraph (e)(5), (e)(6), or
                                                                       (2) Deferred for a minimum of 20                        (f) of this section; or by 3.5 or more per-
                                                                     years after consummation of the trans-                    centage points for a subordinate-lien
                                                                     action;                                                   covered transaction. For purposes of a
                                                                       (3) Deferred until sale of the property                 qualified mortgage under paragraph
                                                                     securing the transaction; or                              (e)(2) of this section, for a loan for
                                                                       (4) Deferred until the property secur-                  which the interest rate may or will
                                                                     ing the transaction is no longer the                      change within the first five years after
                                                                     principal dwelling of the consumer;                       the date on which the first regular
                                                                       (E) The total of costs payable by the                   periodic payment will be due, the cred-
                                                                     consumer in connection with the trans-                    itor must determine the annual per-
                                                                     action at consummation is less than 1                     centage rate for purposes of this para-
                                                                     percent of the amount of credit ex-                       graph (b)(4) by treating the maximum
                                                                     tended and includes no charges other                      interest rate that may apply during
                                                                     than:                                                     that five-year period as the interest
                                                                       (1) Fees for recordation of security                    rate for the full term of the loan.
                                                                     instruments, deeds, and similar docu-                        (5) Loan amount means the principal
                                                                     ments;                                                    amount the consumer will borrow as




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                                                                       (2) A bona fide and reasonable appli-                   reflected in the promissory note or
                                                                     cation fee; and                                           loan contract.

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                                                                     § 1026.43                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (6) Loan term means the period of                      fined in § 1026.36(a)(2), or an agent of
                                                                     time to repay the obligation in full.                     the creditor or mortgage broker;
                                                                        (7) Maximum loan amount means the                        (ii) A copy of a tax return filed with
                                                                     loan amount plus any increase in prin-                    the Internal Revenue Service or a
                                                                     cipal balance that results from nega-                     State taxing authority;
                                                                     tive amortization, as defined in                            (iii) A record the creditor maintains
                                                                     § 1026.18(s)(7)(v), based on the terms of                 for an account of the consumer held by
                                                                     the legal obligation assuming:                            the creditor; or
                                                                        (i) The consumer makes only the                          (iv) If the consumer is an employee of
                                                                     minimum periodic payments for the                         the creditor or the mortgage broker, a
                                                                     maximum possible time, until the con-                     document or other record maintained
                                                                     sumer must begin making fully amor-                       by the creditor or mortgage broker re-
                                                                     tizing payments; and                                      garding the consumer’s employment
                                                                        (ii) The maximum interest rate is                      status or employment income.
                                                                     reached at the earliest possible time.                      (c) Repayment ability—(1) General re-
                                                                        (8) Mortgage-related obligations mean                  quirement. A creditor shall not make a
                                                                     property taxes; premiums and similar                      loan that is a covered transaction un-
                                                                     charges identified in § 1026.4(b)(5), (7),                less the creditor makes a reasonable
                                                                     (8), and (10) that are required by the                    and good faith determination at or be-
                                                                     creditor; fees and special assessments                    fore consummation that the consumer
                                                                     imposed by a condominium, coopera-                        will have a reasonable ability to repay
                                                                     tive,    or    homeowners       association;              the loan according to its terms.
                                                                     ground rent; and leasehold payments.                        (2) Basis for determination. Except as
                                                                        (9) Points and fees has the same mean-                 provided otherwise in paragraphs (d),
                                                                     ing as in § 1026.32(b)(1).                                (e), and (f) of this section, in making
                                                                        (10) Prepayment penalty has the same                   the repayment ability determination
                                                                     meaning as in § 1026.32(b)(6).                            required under paragraph (c)(1) of this
                                                                        (11) Recast means:                                     section, a creditor must consider the
                                                                        (i) For an adjustable-rate mortgage,                   following:
                                                                     as defined in § 1026.18(s)(7)(i), the expi-
                                                                                                                                 (i) The consumer’s current or reason-
                                                                     ration of the period during which pay-
                                                                                                                               ably expected income or assets, other
                                                                     ments based on the introductory fixed
                                                                                                                               than the value of the dwelling, includ-
                                                                     interest rate are permitted under the
                                                                                                                               ing any real property attached to the
                                                                     terms of the legal obligation;
                                                                                                                               dwelling, that secures the loan;
                                                                        (ii) For an interest-only loan, as de-
                                                                                                                                 (ii) If the creditor relies on income
                                                                     fined in § 1026.18(s)(7)(iv), the expiration
                                                                                                                               from the consumer’s employment in
                                                                     of the period during which interest-
                                                                                                                               determining repayment ability, the
                                                                     only payments are permitted under the
                                                                                                                               consumer’s current employment sta-
                                                                     terms of the legal obligation; and
                                                                                                                               tus;
                                                                        (iii) For a negative amortization
                                                                     loan, as defined in § 1026.18(s)(7)(v), the                 (iii) The consumer’s monthly pay-
                                                                     expiration of the period during which                     ment on the covered transaction, cal-
                                                                     negatively amortizing payments are                        culated in accordance with paragraph
                                                                     permitted under the terms of the legal                    (c)(5) of this section;
                                                                     obligation.                                                 (iv) The consumer’s monthly pay-
                                                                        (12) Simultaneous loan means another                   ment on any simultaneous loan that
                                                                     covered transaction or home equity                        the creditor knows or has reason to
                                                                     line of credit subject to § 1026.40 that                  know will be made, calculated in ac-
                                                                     will be secured by the same dwelling                      cordance with paragraph (c)(6) of this
                                                                     and made to the same consumer at or                       section;
                                                                     before consummation of the covered                          (v) The consumer’s monthly payment
                                                                     transaction or, if to be made after con-                  for mortgage-related obligations;
                                                                     summation, will cover closing costs of                      (vi) The consumer’s current debt ob-
                                                                     the first covered transaction.                            ligations, alimony, and child support;
                                                                        (13) Third-party record means:                           (vii) The consumer’s monthly debt-
                                                                        (i) A document or other record pre-                    to-income ratio or residual income in
                                                                     pared or reviewed by an appropriate                       accordance with paragraph (c)(7) of this




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                                                                     person other than the consumer, the                       section; and
                                                                     creditor, or the mortgage broker, as de-                    (viii) The consumer’s credit history.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.43

                                                                        (3)   Verification   using    third-party                (vii) Receipts from the consumer’s
                                                                     records. A creditor must verify the in-                   use of check cashing services; and
                                                                     formation that the creditor relies on in                    (viii) Receipts from the consumer’s
                                                                     determining a consumer’s repayment                        use of a funds transfer service.
                                                                     ability under § 1026.43(c)(2) using rea-                    (5) Payment calculation—(i) General
                                                                     sonably reliable third-party records,                     rule. Except as provided in paragraph
                                                                     except that:                                              (c)(5)(ii) of this section, a creditor must
                                                                        (i) For purposes of paragraph (c)(2)(i)                make the consideration required under
                                                                     of this section, a creditor must verify a                 paragraph (c)(2)(iii) of this section
                                                                     consumer’s income or assets that the                      using:
                                                                     creditor relies on in accordance with                       (A) The fully indexed rate or any in-
                                                                     § 1026.43(c)(4);                                          troductory interest rate, whichever is
                                                                        (ii) For purposes of paragraph                         greater; and
                                                                     (c)(2)(ii) of this section, a creditor may                  (B) Monthly, fully amortizing pay-
                                                                     verify a consumer’s employment status                     ments that are substantially equal.
                                                                     orally if the creditor prepares a record                    (ii) Special rules for loans with a bal-
                                                                     of the information obtained orally; and                   loon payment, interest-only loans, and
                                                                        (iii) For purposes of paragraph                        negative amortization loans. A creditor
                                                                     (c)(2)(vi) of this section, if a creditor                 must make the consideration required
                                                                     relies on a consumer’s credit report to                   under paragraph (c)(2)(iii) of this sec-
                                                                     verify a consumer’s current debt obli-                    tion for:
                                                                     gations and a consumer’s application                        (A) A loan with a balloon payment,
                                                                     states a current debt obligation not                      as defined in § 1026.18(s)(5)(i), using:
                                                                     shown in the consumer’s credit report,                      (1) The maximum payment scheduled
                                                                     the creditor need not independently                       during the first five years after the
                                                                     verify such an obligation.                                date on which the first regular periodic
                                                                                                                               payment will be due for a loan that is
                                                                        (4) Verification of income or assets. A
                                                                                                                               not a higher-priced covered trans-
                                                                     creditor must verify the amounts of in-
                                                                                                                               action; or
                                                                     come or assets that the creditor relies
                                                                                                                                 (2) The maximum payment in the
                                                                     on under § 1026.43(c)(2)(i) to determine a
                                                                                                                               payment schedule, including any bal-
                                                                     consumer’s ability to repay a covered
                                                                                                                               loon payment, for a higher-priced cov-
                                                                     transaction using third-party records
                                                                                                                               ered transaction;
                                                                     that provide reasonably reliable evi-
                                                                                                                                 (B) An interest-only loan, as defined
                                                                     dence of the consumer’s income or as-
                                                                                                                               in § 1026.18(s)(7)(iv), using:
                                                                     sets. A creditor may verify the con-
                                                                                                                                 (1) The fully indexed rate or any in-
                                                                     sumer’s income using a tax-return
                                                                                                                               troductory interest rate, whichever is
                                                                     transcript issued by the Internal Rev-
                                                                                                                               greater; and
                                                                     enue Service (IRS). Examples of other
                                                                                                                                 (2) Substantially equal, monthly pay-
                                                                     records the creditor may use to verify
                                                                                                                               ments of principal and interest that
                                                                     the consumer’s income or assets in-
                                                                                                                               will repay the loan amount over the
                                                                     clude:
                                                                                                                               term of the loan remaining as of the
                                                                        (i) Copies of tax returns the con-                     date the loan is recast.
                                                                     sumer filed with the IRS or a State                         (C) A negative amortization loan, as
                                                                     taxing authority;                                         defined in § 1026.18(s)(7)(v), using:
                                                                        (ii) IRS Form W–2s or similar IRS                        (1) The fully indexed rate or any in-
                                                                     forms used for reporting wages or tax                     troductory interest rate, whichever is
                                                                     withholding;                                              greater; and
                                                                        (iii) Payroll statements, including                      (2) Substantially equal, monthly pay-
                                                                     military Leave and Earnings State-                        ments of principal and interest that
                                                                     ments;                                                    will repay the maximum loan amount
                                                                        (iv) Financial institution records;                    over the term of the loan remaining as
                                                                        (v) Records from the consumer’s em-                    of the date the loan is recast.
                                                                     ployer or a third party that obtained                       (6) Payment calculation for simulta-
                                                                     information from the employer;                            neous loans. For purposes of making
                                                                        (vi) Records from a Federal, State, or                 the evaluation required under para-
                                                                     local government agency stating the                       graph (c)(2)(iv) of this section, a cred-




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                                                                     consumer’s income from benefits or en-                    itor must consider, taking into account
                                                                     titlements;                                               any mortgage-related obligations, a

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                                                                     § 1026.43                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     consumer’s payment on a simultaneous                        (A) An adjustable-rate mortgage, as
                                                                     loan that is:                                             defined in § 1026.18(s)(7)(i), with an in-
                                                                       (i) A covered transaction, by fol-                      troductory fixed interest rate for a pe-
                                                                     lowing paragraph (c)(5)of this section;                   riod of one year or longer;
                                                                     or                                                          (B) An interest-only loan, as defined
                                                                       (ii) A home equity line of credit sub-                  in § 1026.18(s)(7)(iv); or
                                                                     ject to § 1026.40, by using the periodic                    (C) A negative amortization loan, as
                                                                     payment required under the terms of                       defined in § 1026.18(s)(7)(v).
                                                                     the plan and the amount of credit to be                     (ii) Standard mortgage. The term
                                                                     drawn at or before consummation of                        standard mortgage means a covered
                                                                     the covered transaction.                                  transaction:
                                                                       (7) Monthly debt-to-income ratio or re-                   (A) That provides for regular periodic
                                                                     sidual income—(i) Definitions. For pur-                   payments that do not:
                                                                     poses of this paragraph (c)(7), the fol-                    (1) Cause the principal balance to in-
                                                                     lowing definitions apply:                                 crease;
                                                                                                                                 (2) Allow the consumer to defer re-
                                                                       (A) Total monthly debt obligations. The
                                                                                                                               payment of principal; or
                                                                     term total monthly debt obligations
                                                                                                                                 (3) Result in a balloon payment, as
                                                                     means the sum of: the payment on the
                                                                                                                               defined in § 1026.18(s)(5)(i);
                                                                     covered transaction, as required to be
                                                                                                                                 (B) For which the total points and
                                                                     calculated by paragraphs (c)(2)(iii) and
                                                                                                                               fees payable in connection with the
                                                                     (c)(5) of this section; simultaneous
                                                                                                                               transaction do not exceed the amounts
                                                                     loans, as required by paragraphs
                                                                                                                               specified in paragraph (e)(3) of this sec-
                                                                     (c)(2)(iv) and (c)(6) of this section;
                                                                                                                               tion;
                                                                     mortgage-related obligations, as re-
                                                                                                                                 (C) For which the term does not ex-
                                                                     quired by paragraph (c)(2)(v) of this
                                                                                                                               ceed 40 years;
                                                                     section; and current debt obligations,
                                                                                                                                 (D) For which the interest rate is
                                                                     alimony, and child support, as required
                                                                                                                               fixed for at least the first five years
                                                                     by paragraph (c)(2)(vi) of this section.
                                                                                                                               after consummation; and
                                                                       (B) Total monthly income. The term                        (E) For which the proceeds from the
                                                                     total monthly income means the sum of                     loan are used solely for the following
                                                                     the consumer’s current or reasonably                      purposes:
                                                                     expected income, including any income                       (1) To pay off the outstanding prin-
                                                                     from assets, as required by paragraphs                    cipal balance on the non-standard
                                                                     (c)(2)(i) and (c)(4) of this section.                     mortgage; and
                                                                       (ii) Calculations—(A) Monthly debt-to-                    (2) To pay closing or settlement
                                                                     income ratio. If a creditor considers the                 charges required to be disclosed under
                                                                     consumer’s monthly debt-to-income                         the Real Estate Settlement Procedures
                                                                     ratio under paragraph (c)(2)(vii) of this                 Act, 12 U.S.C. 2601 et seq.
                                                                     section, the creditor must consider the                     (iii) Refinancing. The term refinancing
                                                                     ratio of the consumer’s total monthly                     has the same meaning as in § 1026.20(a).
                                                                     debt obligations to the consumer’s                          (2) Scope. The provisions of this para-
                                                                     total monthly income.                                     graph (d) apply to the refinancing of a
                                                                       (B) Monthly residual income. If a cred-                 non-standard mortgage into a standard
                                                                     itor considers the consumer’s monthly                     mortgage when the following condi-
                                                                     residual     income      under    paragraph               tions are met:
                                                                     (c)(2)(vii) of this section, the creditor                   (i) The creditor for the standard
                                                                     must consider the consumer’s remain-                      mortgage is the current holder of the
                                                                     ing income after subtracting the con-                     existing non-standard mortgage or the
                                                                     sumer’s total monthly debt obligations                    servicer acting on behalf of the current
                                                                     from the consumer’s total monthly in-                     holder;
                                                                     come.                                                       (ii) The monthly payment for the
                                                                       (d) Refinancing of non-standard mort-                   standard mortgage is materially lower
                                                                     gages—(1) Definitions. For purposes of                    than the monthly payment for the non-
                                                                     this paragraph (d), the following defini-                 standard mortgage, as calculated under
                                                                     tions apply:                                              paragraph (d)(5) of this section.
                                                                       (i) Non-standard mortgage. The term                       (iii) The creditor receives the con-




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                                                                     non-standard mortgage means a covered                     sumer’s written application for the
                                                                     transaction that is:                                      standard mortgage no later than two

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.43

                                                                     months after the non-standard mort-                       the date on which the creditor receives
                                                                     gage has recast.                                          the consumer’s written application for
                                                                       (iv) The consumer has made no more                      the standard mortgage;
                                                                     than one payment more than 30 days                          (B) The term of the loan remaining
                                                                     late on the non-standard mortgage dur-                    as of the date on which the recast oc-
                                                                     ing the 12 months immediately pre-                        curs, assuming all scheduled payments
                                                                     ceding the creditor’s receipt of the con-                 have been made up to the recast date
                                                                     sumer’s written application for the                       and the payment due on the recast date
                                                                     standard mortgage.                                        is made and credited as of that date;
                                                                       (v) The consumer has made no pay-                       and
                                                                     ments more than 30 days late during                         (C) A remaining loan amount that is:
                                                                     the six months immediately preceding                        (1) For an adjustable-rate mortgage
                                                                     the creditor’s receipt of the consumer’s                  under paragraph (d)(1)(i)(A) of this sec-
                                                                     written application for the standard                      tion, the outstanding principal balance
                                                                     mortgage; and                                             as of the date of the recast, assuming
                                                                       (vi) If the non-standard mortgage was                   all scheduled payments have been
                                                                     consummated on or after January 10,                       made up to the recast date and the
                                                                     2014, the non-standard mortgage was                       payment due on the recast date is
                                                                     made in accordance with paragraph (c)                     made and credited as of that date;
                                                                     or (e) of this section, as applicable.                      (2) For an interest-only loan under
                                                                       (3) Exemption from repayment ability                    paragraph (d)(1)(i)(B) of this section,
                                                                     requirements. A creditor is not required                  the outstanding principal balance as of
                                                                     to comply with the requirements of                        the date of the recast, assuming all
                                                                     paragraph (c) of this section if:                         scheduled payments have been made up
                                                                       (i) The conditions in paragraph (d)(2)                  to the recast date and the payment due
                                                                     of this section are met; and                              on the recast date is made and credited
                                                                       (ii) The creditor has considered                        as of that date; or
                                                                     whether the standard mortgage likely                        (3) For a negative amortization loan
                                                                     will prevent a default by the consumer                    under paragraph (d)(1)(i)(C) of this sec-
                                                                     on the non-standard mortgage once the                     tion, the maximum loan amount, de-
                                                                     loan is recast.                                           termined after adjusting for the out-
                                                                       (4) Offer of rate discounts and other fa-               standing principal balance.
                                                                     vorable terms. A creditor making a cov-                     (ii) Standard mortgage. For purposes
                                                                     ered transaction under this paragraph                     of the comparison conducted pursuant
                                                                     (d) may offer to the consumer rate dis-                   to paragraph (d)(2)(ii) of this section,
                                                                     counts and terms that are the same as,                    the monthly payment for a standard
                                                                     or better than, the rate discounts and                    mortgage must be based on substan-
                                                                     terms that the creditor offers to new                     tially equal, monthly, fully amortizing
                                                                     consumers, consistent with the credi-                     payments based on the maximum in-
                                                                     tor’s documented underwriting prac-                       terest rate that may apply during the
                                                                     tices and to the extent not prohibited                    first five years after consummation.
                                                                     by applicable State or Federal law.                         (e) Qualified mortgages—(1) Safe harbor
                                                                       (5) Payment calculations. For purposes                  and presumption of compliance—(i) Safe
                                                                     of determining whether the consumer’s                     harbor for loans that are not higher-
                                                                     monthly payment for a standard mort-                      priced covered transactions and for sea-
                                                                     gage will be materially lower than the                    soned loans. A creditor or assignee of a
                                                                     monthly payment for the non-standard                      qualified mortgage complies with the
                                                                     mortgage, the following provisions                        repayment ability requirements of
                                                                     shall be used:                                            paragraph (c) of this section if:
                                                                       (i) Non-standard mortgage. For pur-                       (A) The loan is a qualified mortgage
                                                                     poses of the comparison conducted pur-                    as defined in paragraph (e)(2), (4), (5),
                                                                     suant to paragraph (d)(2)(ii) of this sec-                (6), or (f) of this section that is not a
                                                                     tion, the creditor must calculate the                     higher-priced covered transaction, as
                                                                     monthly payment for a non-standard                        defined in paragraph (b)(4) of this sec-
                                                                     mortgage based on substantially equal,                    tion; or
                                                                     monthly, fully amortizing payments of                       (B) The loan is a qualified mortgage
                                                                     principal and interest using:                             as defined in paragraph (e)(7) of this




jspears on DSK121TN23PROD with CFR
                                                                       (A) The fully indexed rate as of a rea-                 section, regardless of whether the loan
                                                                     sonable period of time before or after                    is a higher-priced covered transaction.

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                                                                     § 1026.43                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (ii) Presumption of compliance for high-                  (ii) For which the loan term does not
                                                                     er-priced covered transactions. (A) A                     exceed 30 years;
                                                                     creditor or assignee of a qualified                         (iii) For which the total points and
                                                                     mortgage, as defined in paragraph                         fees payable in connection with the
                                                                     (e)(2), (e)(4), (e)(5), (e)(6), or (f) of this            loan do not exceed the amounts speci-
                                                                     section, that is a higher-priced covered                  fied in paragraph (e)(3) of this section;
                                                                     transaction, as defined in paragraph                        (iv) For which the creditor under-
                                                                     (b)(4) of this section, is presumed to                    writes the loan, taking into account
                                                                     comply with the repayment ability re-                     the monthly payment for mortgage-re-
                                                                     quirements of paragraph (c) of this sec-                  lated obligations, using:
                                                                     tion.                                                       (A) The maximum interest rate that
                                                                       (B) To rebut the presumption of com-                    may apply during the first five years
                                                                     pliance      described       in    paragraph              after the date on which the first reg-
                                                                     (e)(1)(ii)(A) of this section, it must be                 ular periodic payment will be due; and
                                                                     proven that, despite meeting the pre-                       (B) Periodic payments of principal
                                                                     requisites of paragraph (e)(2), (e)(4),                   and interest that will repay either:
                                                                     (e)(5), (e)(6), or (f) of this section, the                 (1) The outstanding principal balance
                                                                     creditor did not make a reasonable and                    over the remaining term of the loan as
                                                                     good faith determination of the con-                      of the date the interest rate adjusts to
                                                                     sumer’s repayment ability at the time                     the maximum interest rate set forth in
                                                                     of consummation, by showing that the                      paragraph (e)(2)(iv)(A) of this section,
                                                                     consumer’s income, debt obligations,                      assuming the consumer will have made
                                                                     alimony, child support, and the con-                      all required payments as due prior to
                                                                     sumer’s monthly payment (including                        that date; or
                                                                     mortgage-related obligations) on the                        (2) The loan amount over the loan
                                                                     covered transaction and on any simul-                     term;
                                                                     taneous loans of which the creditor was                     (v) For which the creditor, at or be-
                                                                     aware at consummation would leave                         fore consummation:
                                                                     the consumer with insufficient residual                     (A) Considers the consumer’s current
                                                                     income or assets other than the value                     or reasonably expected income or as-
                                                                     of the dwelling (including any real                       sets other than the value of the dwell-
                                                                     property attached to the dwelling) that                   ing (including any real property at-
                                                                     secures the loan with which to meet                       tached to the dwelling) that secures
                                                                     living expenses, including any recur-                     the loan, debt obligations, alimony,
                                                                     ring and material non-debt obligations                    child support, and monthly debt-to-in-
                                                                     of which the creditor was aware at the                    come ratio or residual income, using
                                                                     time of consummation.                                     the amounts determined from para-
                                                                       (2) Qualified mortgage defined—general.                 graph (e)(2)(v)(B) of this section. For
                                                                     Except as provided in paragraph (e)(4),                   purposes of this paragraph (e)(2)(v)(A),
                                                                     (5), (6), (7), or (f) of this section, a                  the consumer’s monthly debt-to-in-
                                                                     qualified mortgage is a covered trans-                    come ratio or residual income is deter-
                                                                     action:                                                   mined in accordance with paragraph
                                                                       (i) That provides for regular periodic                  (c)(7) of this section, except that the
                                                                     payments that are substantially equal,                    consumer’s monthly payment on the
                                                                     except for the effect that any interest                   covered transaction, including the
                                                                     rate change after consummation has on                     monthly payment for mortgage-related
                                                                     the payment in the case of an adjust-                     obligations, is calculated in accordance
                                                                     able-rate or step-rate mortgage, that                     with paragraph (e)(2)(iv) of this sec-
                                                                     do not:                                                   tion.
                                                                       (A) Result in an increase of the prin-                    (B)(1) Verifies the consumer’s current
                                                                     cipal balance;                                            or reasonably expected income or as-
                                                                       (B) Allow the consumer to defer re-                     sets other than the value of the dwell-
                                                                     payment of principal, except as pro-                      ing (including any real property at-
                                                                     vided in paragraph (f) of this section;                   tached to the dwelling) that secures
                                                                     or                                                        the loan using third-party records that
                                                                       (C) Result in a balloon payment, as                     provide reasonably reliable evidence of
                                                                     defined in § 1026.18(s)(5)(i), except as                  the consumer’s income or assets, in ac-




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                                                                     provided in paragraph (f) of this sec-                    cordance with paragraph (c)(4) of this
                                                                     tion;                                                     section; and

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.43

                                                                       (2) Verifies the consumer’s current                        (3) Limits on points and fees for quali-
                                                                     debt obligations, alimony, and child                      fied mortgages. (i) Except as provided in
                                                                     support using reasonably reliable                         paragraph (e)(3)(iii) of this section, a
                                                                     third-party records in accordance with                    covered transaction is not a qualified
                                                                     paragraph (c)(3) of this section.                         mortgage unless the transaction’s total
                                                                       (vi) For which the annual percentage                    points and fees, as defined in
                                                                     rate does not exceed the average prime                    § 1026.32(b)(1), do not exceed:
                                                                     offer rate for a comparable transaction                      (A) For a loan amount greater than
                                                                     as of the date the interest rate is set by                or equal to $100,000 (indexed for infla-
                                                                     the amounts specified in paragraphs                       tion): 3 percent of the total loan
                                                                     (e)(2)(vi)(A) through (F) of this section.                amount;
                                                                     The amounts specified here shall be ad-                      (B) For a loan amount greater than
                                                                     justed annually on January 1 by the                       or equal to $60,000 (indexed for infla-
                                                                     annual percentage change in the Con-                      tion) but less than $100,000 (indexed for
                                                                     sumer Price Index for All Urban Con-                      inflation): $3,000 (indexed for inflation);
                                                                     sumers (CPI–U) that was reported on                          (C) For a loan amount greater than
                                                                     the preceding June 1. For purposes of                     or equal to $20,000 (indexed for infla-
                                                                     this paragraph (e)(2)(vi), the creditor                   tion) but less than $60,000 (indexed for
                                                                     must determine the annual percentage                      inflation): 5 percent of the total loan
                                                                     rate for a loan for which the interest                    amount;
                                                                     rate may or will change within the                           (D) For a loan amount greater than
                                                                     first five years after the date on which                  or equal to $12,500 (indexed for infla-
                                                                     the first regular periodic payment will                   tion) but less than $20,000 (indexed for
                                                                     be due by treating the maximum inter-                     inflation): $1,000 (indexed for inflation);
                                                                     est rate that may apply during that                          (E) For a loan amount less than
                                                                     five-year period as the interest rate for                 $12,500 (indexed for inflation): 8 percent
                                                                     the full term of the loan. See the offi-                  of the total loan amount.
                                                                     cial commentary to this paragraph                            (ii) The dollar amounts, including the
                                                                     (e)(2)(vi)   for  the    current    dollar                loan amounts, in paragraph (e)(3)(i) of
                                                                     amounts.                                                  this section shall be adjusted annually
                                                                       (A) For a first-lien covered trans-                     on January 1 by the annual percentage
                                                                     action with a loan amount greater                         change in the Consumer Price Index for
                                                                     than or equal to $110,260 (indexed for                    All Urban Consumers (CPI–U) that was
                                                                     inflation), 2.25 or more percentage                       reported on the preceding June 1. See
                                                                     points;                                                   the official commentary to this para-
                                                                       (B) For a first-lien covered trans-                     graph (e)(3)(ii) for the current dollar
                                                                     action with a loan amount greater                         amounts.
                                                                     than or equal to $66,156 (indexed for in-                    (iii) For covered transactions con-
                                                                     flation) but less than $110,260 (indexed                  summated on or before January 10,
                                                                     for inflation), 3.5 or more percentage                    2021, if the creditor or assignee deter-
                                                                     points;                                                   mines after consummation that the
                                                                       (C) For a first-lien covered trans-                     transaction’s total points and fees ex-
                                                                     action with a loan amount less than                       ceed the applicable limit under para-
                                                                     $66,156 (indexed for inflation), 6.5 or                   graph (e)(3)(i) of this section, the loan
                                                                     more percentage points;                                   is not precluded from being a qualified
                                                                       (D) For a first-lien covered trans-                     mortgage, provided:
                                                                     action secured by a manufactured                             (A) The loan otherwise meets the re-
                                                                     home with a loan amount less than                         quirements of paragraphs (e)(2), (e)(4),
                                                                     $110,260 (indexed for inflation), 6.5 or                  (e)(5), (e)(6), or (f) of this section, as ap-
                                                                     more percentage points;                                   plicable;
                                                                       (E) For a subordinate-lien covered                         (B) The creditor or assignee pays to
                                                                     transaction with a loan amount great-                     the consumer the amount described in
                                                                     er than or equal to $66,156 (indexed for                  paragraph (e)(3)(iv) of this section
                                                                     inflation), 3.5 or more percentage                        within 210 days after consummation
                                                                     points;                                                   and prior to the occurrence of any of
                                                                       (F) For a subordinate-lien covered                      the following events:
                                                                     transaction with a loan amount less                          (1) The institution of any action by




jspears on DSK121TN23PROD with CFR
                                                                     than $66,156 (indexed for inflation), 6.5                 the consumer in connection with the
                                                                     or more percentage points.                                loan;

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                                                                     § 1026.43                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (2) The receipt by the creditor, as-                    the loan, in accordance with para-
                                                                     signee, or servicer of written notice                     graphs (c)(2)(i) and (c)(4) of this sec-
                                                                     from the consumer that the trans-                         tion;
                                                                     action’s total points and fees exceed                        (2) Considers and verifies at or before
                                                                     the applicable limit under paragraph                      consummation the consumer’s current
                                                                     (e)(3)(i) of this section; or                             debt obligations, alimony, and child
                                                                       (3) The consumer becoming 60 days                       support in accordance with paragraphs
                                                                     past due on the legal obligation; and                     (c)(2)(vi) and (c)(3) of this section;
                                                                       (C) The creditor or assignee, as appli-                    (3) Considers at or before consumma-
                                                                     cable, maintains and follows policies                     tion the consumer’s monthly debt-to-
                                                                     and procedures for post-consummation                      income ratio or residual income and
                                                                     review of points and fees and for mak-                    verifies the debt obligations and in-
                                                                     ing payments to consumers in accord-                      come used to determine that ratio in
                                                                     ance with paragraphs (e)(3)(iii)(B) and                   accordance with paragraph (c)(7) of this
                                                                     (e)(3)(iv) of this section.                               section, except that the calculation of
                                                                       (iv) For purposes of paragraph                          the payment on the covered trans-
                                                                     (e)(3)(iii) of this section, the creditor or              action for purposes of determining the
                                                                     assignee must pay to the consumer an                      consumer’s total monthly debt obliga-
                                                                     amount that is not less than the sum of                   tions in paragraph (c)(7)(i)(A) shall be
                                                                     the following:                                            determined in accordance with para-
                                                                       (A) The dollar amount by which the                      graph (e)(2)(iv) of this section instead
                                                                     transaction’s total points and fees ex-                   of paragraph (c)(5) of this section;
                                                                     ceeds the applicable limit under para-
                                                                                                                                  (C) That is not subject, at con-
                                                                     graph (e)(3)(i) of this section; and
                                                                                                                               summation, to a commitment to be ac-
                                                                       (B) Interest on the dollar amount de-
                                                                                                                               quired by another person, other than a
                                                                     scribed in paragraph (e)(3)(iv)(A) of this
                                                                                                                               person that satisfies the requirements
                                                                     section, calculated using the contract
                                                                                                                               of paragraph (e)(5)(i)(D) of this section;
                                                                     interest rate applicable during the pe-
                                                                                                                               and
                                                                     riod from consummation until the pay-
                                                                     ment described in this paragraph                             (D) For which the creditor satisfies
                                                                     (e)(3)(iv) is made to the consumer.                       the       requirements         stated   in
                                                                       (4) Qualified mortgage defined—other                    § 1026.35(b)(2)(iii)(B) and (C).
                                                                     agencies. Notwithstanding paragraph                          (ii) A qualified mortgage extended
                                                                     (e)(2) of this section, a qualified mort-                 pursuant to paragraph (e)(5)(i) of this
                                                                     gage is a covered transaction that is                     section immediately loses its status as
                                                                     defined as a qualified mortgage by the                    a qualified mortgage under paragraph
                                                                     U.S. Department of Housing and Urban                      (e)(5)(i) if legal title to the qualified
                                                                     Development under 24 CFR 201.7 and 24                     mortgage is sold, assigned, or other-
                                                                     CFR 203.19, the U.S. Department of                        wise transferred to another person ex-
                                                                     Veterans Affairs under 38 CFR 36.4300                     cept when:
                                                                     and 38 CFR 36.4500, or the U.S. Depart-                      (A) The qualified mortgage is sold,
                                                                     ment of Agriculture under 7 CFR                           assigned, or otherwise transferred to
                                                                     3555.109.                                                 another person three years or more
                                                                       (5) Qualified mortgage defined—small                    after consummation of the qualified
                                                                     creditor portfolio loans. (i) Notwith-                    mortgage;
                                                                     standing paragraph (e)(2) of this sec-                       (B) The qualified mortgage is sold,
                                                                     tion, a qualified mortgage is a covered                   assigned, or otherwise transferred to a
                                                                     transaction:                                              creditor that satisfies the requirements
                                                                       (A) That satisfies the requirements of                  of paragraph (e)(5)(i)(D) of this section;
                                                                     paragraph (e)(2) of this section other                       (C) The qualified mortgage is sold,
                                                                     than the requirements of paragraphs                       assigned, or otherwise transferred to
                                                                     (e)(2)(v) and (vi) of this section;                       another person pursuant to a capital
                                                                       (B) For which the creditor:                             restoration plan or other action under
                                                                       (1) Considers and verifies at or before                 12 U.S.C. 1831o, actions or instructions
                                                                     consummation the consumer’s current                       of any person acting as conservator, re-
                                                                     or reasonably expected income or as-                      ceiver, or bankruptcy trustee, an order
                                                                     sets other than the value of the dwell-                   of a State or Federal government agen-




jspears on DSK121TN23PROD with CFR
                                                                     ing (including any real property at-                      cy with jurisdiction to examine the
                                                                     tached to the dwelling) that secures                      creditor pursuant to State or Federal

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.43

                                                                     law, or an agreement between the cred-                       (A) The covered transaction is not
                                                                     itor and such an agency; or                               subject, at consummation, to a com-
                                                                        (D) The qualified mortgage is sold,                    mitment to be acquired by another per-
                                                                     assigned, or otherwise transferred pur-                   son, except for a sale, assignment, or
                                                                     suant to a merger of the creditor with                    transfer      permitted     by    paragraph
                                                                     another person or acquisition of the                      (e)(7)(iii)(B)(3) of this section; and
                                                                     creditor by another person or of an-                         (B) Legal title to the covered trans-
                                                                     other person by the creditor.                             action is not sold, assigned, or other-
                                                                        (6) Qualified mortgage defined—tem-                    wise transferred to another person be-
                                                                     porary balloon-payment qualified mort-                    fore the end of the seasoning period,
                                                                     gage rules. (i) Notwithstanding para-                     except that:
                                                                     graph (e)(2) of this section, a qualified
                                                                                                                                  (1) The covered transaction may be
                                                                     mortgage is a covered transaction:
                                                                                                                               sold, assigned, or otherwise transferred
                                                                        (A) That satisfies the requirements of
                                                                                                                               to another person pursuant to a capital
                                                                     paragraph (f) of this section other than
                                                                     the      requirements       of    paragraph               restoration plan or other action under
                                                                     (f)(1)(vi); and                                           12 U.S.C. 1831o, actions or instructions
                                                                        (B) For which the creditor satisfies                   of any person acting as conservator, re-
                                                                     the       requirements         stated     in              ceiver, or bankruptcy trustee, an order
                                                                     § 1026.35(b)(2)(iii)(B) and (C).                          of a State or Federal government agen-
                                                                        (ii) The provisions of this paragraph                  cy with jurisdiction to examine the
                                                                     (e)(6) apply only to covered trans-                       creditor pursuant to State or Federal
                                                                     actions for which the application was                     law, or an agreement between the cred-
                                                                     received before April 1, 2016.                            itor and such an agency;
                                                                        (7) Qualified mortgage defined—sea-                       (2) The covered transaction may be
                                                                     soned loans—(i) General. Notwith-                         sold, assigned, or otherwise transferred
                                                                     standing paragraph (e)(2) of this sec-                    pursuant to a merger of the creditor
                                                                     tion, and except as provided in para-                     with another person or acquisition of
                                                                     graph (e)(7)(iv) of this section, a quali-                the creditor by another person or of an-
                                                                     fied mortgage is a first-lien covered                     other person by the creditor; or
                                                                     transaction that:                                            (3) The covered transaction may be
                                                                        (A) Is a fixed-rate mortgage as de-                    sold, assigned, or otherwise transferred
                                                                     fined in § 1026.18(s)(7)(iii) with fully am-              once before the end of the seasoning pe-
                                                                     ortizing payments as defined in para-                     riod, provided that the covered trans-
                                                                     graph (b)(2) of this section;                             action is not securitized as part of the
                                                                        (B) Satisfies the requirements in                      sale, assignment, or transfer or at any
                                                                     paragraphs (e)(2)(i) through (v) of this                  other time before the end of the sea-
                                                                     section;                                                  soning       period     as     defined   in
                                                                        (C) Has met the requirements in                        § 1026.43(e)(7)(iv)(C).
                                                                     paragraph (e)(7)(ii) of this section at                      (iv) Definitions. For purposes of para-
                                                                     the end of the seasoning period as de-                    graph (e)(7) of this section:
                                                                     fined in paragraph (e)(7)(iv)(C) of this
                                                                                                                                  (A) Delinquency means the failure to
                                                                     section;
                                                                                                                               make a periodic payment (in one full
                                                                        (D) Satisfies the requirements in
                                                                                                                               payment or in two or more partial pay-
                                                                     paragraph (e)(7)(iii) of this section; and
                                                                        (E) Is not a high-cost mortgage as de-                 ments) sufficient to cover principal, in-
                                                                     fined in § 1026.32(a).                                    terest, and escrow (if applicable) for a
                                                                        (ii) Performance requirements. To be a                 given billing cycle by the date the peri-
                                                                     qualified mortgage under this para-                       odic payment is due under the terms of
                                                                     graph (e)(7) of this section, the covered                 the legal obligation. Other amounts,
                                                                     transaction must have no more than                        such as any late fees, are not consid-
                                                                     two delinquencies of 30 or more days                      ered for this purpose.
                                                                     and no delinquencies of 60 or more days                      (1) A periodic payment is 30 days de-
                                                                     at the end of the seasoning period.                       linquent when it is not paid before the
                                                                        (iii) Portfolio requirements. To be a                  due date of the following scheduled
                                                                     qualified mortgage under this para-                       periodic payment.
                                                                     graph (e)(7) of this section, the covered                    (2) A periodic payment is 60 days de-




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                                                                     transaction must satisfy the following                    linquent if the consumer is more than
                                                                     requirements:                                             30 days delinquent on the first of two

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                                                                     § 1026.43                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     sequential scheduled periodic pay-                        paragraph (e)(7)(iv)(A)(3)(ii) of this sec-
                                                                     ments and does not make both sequen-                      tion, payments from the following
                                                                     tial scheduled periodic payments be-                      sources are not considered in assessing
                                                                     fore the due date of the next scheduled                   delinquency         under       paragraph
                                                                     periodic payment after the two sequen-                    (e)(7)(iv)(A) of this section:
                                                                     tial scheduled periodic payments.                           (i) Funds in escrow in connection
                                                                       (3) For any given billing cycle for                     with the covered transaction; or
                                                                     which a consumer’s payment is less                          (ii) Funds paid on behalf of the con-
                                                                     than the periodic payment due, a con-                     sumer by the creditor, servicer, or as-
                                                                     sumer is not delinquent as defined in                     signee of the covered transaction, or
                                                                     this paragraph (e)(7) if:                                 any other person acting on behalf of
                                                                       (i) The servicer chooses not to treat                   such creditor, servicer, or assignee.
                                                                     the payment as delinquent for purposes                      (B) Qualifying change means an agree-
                                                                     of any section of subpart C of Regula-                    ment that meets the following condi-
                                                                     tion X, 12 CFR part 1024, if applicable;                  tions:
                                                                       (ii) The payment is deficient by $50 or
                                                                                                                                 (1) The agreement is entered into
                                                                     less; and
                                                                                                                               during or after a temporary payment
                                                                       (iii) There are no more than three
                                                                                                                               accommodation in connection with a
                                                                     such deficient payments treated as not
                                                                                                                               disaster or pandemic-related national
                                                                     delinquent during the seasoning period.
                                                                                                                               emergency as defined in paragraph
                                                                       (4) The principal and interest used in
                                                                                                                               (e)(7)(iv)(D) of this section and ends
                                                                     determining the date a periodic pay-
                                                                                                                               any pre-existing delinquency on the
                                                                     ment sufficient to cover principal, in-
                                                                                                                               loan obligation upon taking effect;
                                                                     terest, and escrow (if applicable) for a
                                                                                                                                 (2) The amount of interest charged
                                                                     given billing cycle becomes due and un-
                                                                                                                               over the full term of the loan does not
                                                                     paid are the principal and interest pay-
                                                                                                                               increase as a result of the agreement;
                                                                     ment amounts established by the terms
                                                                     and payment schedule of the loan obli-                      (3) The servicer does not charge any
                                                                     gation at consummation, except:                           fee in connection with the agreement;
                                                                       (i) If a qualifying change as defined                   and
                                                                     in paragraph (e)(7)(iv)(B) of this section                  (4) Promptly upon the consumer’s ac-
                                                                     is made to the loan obligation, the                       ceptance of the agreement, the servicer
                                                                     principal and interest used in deter-                     waives all late charges, penalties, stop
                                                                     mining the date a periodic payment                        payment fees, or similar charges in-
                                                                     sufficient to cover principal, interest,                  curred during a temporary payment ac-
                                                                     and escrow (if applicable) for a given                    commodation in connection with a dis-
                                                                     billing cycle becomes due and unpaid                      aster or pandemic-related national
                                                                     are the principal and interest payment                    emergency, as well as all late charges,
                                                                     amounts established by the terms and                      penalties, stop payment fees, or similar
                                                                     payment schedule of the loan obliga-                      charges incurred during the delin-
                                                                     tion at consummation as modified by                       quency that led to a temporary pay-
                                                                     the qualifying change.                                    ment accommodation in connection
                                                                       (ii) If, due to reasons related to the                  with a disaster or pandemic-related na-
                                                                     timing of delivery, set up, or avail-                     tional emergency.
                                                                     ability for occupancy of the dwelling                       (C) Seasoning period means a period of
                                                                     securing the obligation, the first pay-                   36 months beginning on the date on
                                                                     ment due date is modified before the                      which the first periodic payment is due
                                                                     first payment due date in the legal ob-                   after consummation of the covered
                                                                     ligation at consummation, the modi-                       transaction, except that:
                                                                     fied first payment due date shall be                        (1) Notwithstanding any other provi-
                                                                     considered in lieu of the first payment                   sion of this section, if there is a delin-
                                                                     due date in the legal obligation at con-                  quency of 30 days or more at the end of
                                                                     summation in determining the date a                       the 36th month of the seasoning period,
                                                                     periodic payment sufficient to cover                      the seasoning period does not end until
                                                                     principal, interest, and escrow (if appli-                there is no delinquency; and
                                                                     cable) for a given billing cycle becomes                    (2) The seasoning period does not in-
                                                                     due and unpaid.                                           clude any period during which the con-




jspears on DSK121TN23PROD with CFR
                                                                       (5) Except for purposes of making up                    sumer is in a temporary payment ac-
                                                                     the deficiency amount set forth in                        commodation extended in connection

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.43

                                                                     with a disaster or pandemic-related na-                   expected income or assets other than
                                                                     tional emergency, provided that during                    the dwelling that secures the loan;
                                                                     or at the end of the temporary pay-                          (iii) The creditor:
                                                                     ment accommodation there is a quali-                         (A) Considers and verifies at or before
                                                                     fying change as defined in paragraph                      consummation the consumer’s current
                                                                     (e)(7)(iv)(B) of this section or the con-                 or reasonably expected income or as-
                                                                     sumer cures the loan’s delinquency                        sets other than the value of the dwell-
                                                                     under its original terms. If during or at                 ing (including any real property at-
                                                                     the end of the temporary payment ac-                      tached to the dwelling) that secures
                                                                     commodation in connection with a dis-                     the loan, in accordance with para-
                                                                     aster or pandemic-related national                        graphs (c)(2)(i) and (c)(4) of this sec-
                                                                     emergency there is a qualifying change                    tion;
                                                                     or the consumer cures the loan’s delin-                      (B) Considers and verifies at or before
                                                                     quency under its original terms, the                      consummation the consumer’s current
                                                                     seasoning period consists of the period                   debt obligations, alimony, and child
                                                                     from the date on which the first peri-                    support in accordance with paragraphs
                                                                     odic payment was due after consumma-                      (c)(2)(vi) and (c)(3) of this section;
                                                                     tion of the covered transaction to the                       (C) Considers at or before consumma-
                                                                     beginning of the temporary payment                        tion the consumer’s monthly debt-to-
                                                                     accommodation and an additional pe-                       income ratio or residual income and
                                                                     riod immediately after the temporary                      verifies the debt obligations and in-
                                                                     payment accommodation ends, which                         come used to determine that ratio in
                                                                     together must equal at least 36                           accordance with paragraph (c)(7) of this
                                                                     months.                                                   section, except that the calculation of
                                                                        (D) Temporary payment accommodation                    the payment on the covered trans-
                                                                     in connection with a disaster or pan-                     action for purposes of determining the
                                                                     demic-related national emergency means                    consumer’s total monthly debt obliga-
                                                                     temporary payment relief granted to a                     tions in (c)(7)(i)(A) shall be determined
                                                                     consumer due to financial hardship                        in       accordance       with     paragraph
                                                                                                                               (f)(1)(iv)(A) of this section, together
                                                                     caused directly or indirectly by a presi-
                                                                                                                               with the consumer’s monthly pay-
                                                                     dentially declared emergency or major
                                                                                                                               ments for all mortgage-related obliga-
                                                                     disaster under the Robert T. Stafford
                                                                                                                               tions and excluding the balloon pay-
                                                                     Disaster Relief and Emergency Assist-
                                                                                                                               ment;
                                                                     ance Act (42 U.S.C. 5121 et seq.) or a
                                                                                                                                  (iv) The legal obligation provides for:
                                                                     presidentially declared pandemic-re-
                                                                                                                                  (A) Scheduled payments that are sub-
                                                                     lated national emergency under the
                                                                                                                               stantially equal, calculated using an
                                                                     National Emergencies Act (50 U.S.C.
                                                                                                                               amortization period that does not ex-
                                                                     1601 et seq.).
                                                                                                                               ceed 30 years;
                                                                        (f) Balloon-payment qualified mortgages                   (B) An interest rate that does not in-
                                                                     made by certain creditors—(1) Exemption.                  crease over the term of the loan; and
                                                                     Notwithstanding paragraph (e)(2) of                          (C) A loan term of five years or
                                                                     this section, a qualified mortgage may                    longer.
                                                                     provide for a balloon payment, pro-                          (v) The loan is not subject, at con-
                                                                     vided:                                                    summation, to a commitment to be ac-
                                                                        (i) The loan satisfies the require-                    quired by another person, other than a
                                                                     ments for a qualified mortgage in para-                   person that satisfies the requirements
                                                                     graphs (e)(2)(i)(A) and (e)(2)(ii) and (iii)              of paragraph (f)(1)(vi) of this section;
                                                                     of this section;                                          and
                                                                        (ii) The creditor determines at or be-                    (vi) The creditor satisfies the re-
                                                                     fore consummation that the consumer                       quirements                stated          in
                                                                     can make all of the scheduled pay-                        § 1026.35(b)(2)(iii)(A), (B), and (C).
                                                                     ments under the terms of the legal ob-                       (2) Post-consummation transfer of bal-
                                                                     ligation, as described in paragraph                       loon-payment qualified mortgage. A bal-
                                                                     (f)(1)(iv) of this section, together with                 loon-payment qualified mortgage, ex-
                                                                     the consumer’s monthly payments for                       tended pursuant to paragraph (f)(1), im-
                                                                     all mortgage-related obligations and                      mediately loses its status as a qualified




jspears on DSK121TN23PROD with CFR
                                                                     excluding the balloon payment, from                       mortgage under paragraph (f)(1) if legal
                                                                     the consumer’s current or reasonably                      title to the balloon-payment qualified

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                                                                     § 1026.43                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     mortgage is sold, assigned, or other-                       (A) 2 percent, if incurred during the
                                                                     wise transferred to another person ex-                    first two years following consumma-
                                                                     cept when:                                                tion; and
                                                                        (i) The balloon-payment qualified                        (B) 1 percent, if incurred during the
                                                                     mortgage is sold, assigned, or other-                     third year following consummation.
                                                                     wise transferred to another person                          (3) Alternative offer required. A cred-
                                                                     three years or more after consumma-                       itor must not offer a consumer a cov-
                                                                     tion of the balloon-payment qualified                     ered transaction with a prepayment
                                                                     mortgage;                                                 penalty unless the creditor also offers
                                                                        (ii) The balloon-payment qualified                     the consumer an alternative covered
                                                                     mortgage is sold, assigned, or other-                     transaction without a prepayment pen-
                                                                     wise transferred to a creditor that sat-                  alty and the alternative covered trans-
                                                                     isfies the requirements of paragraph                      action:
                                                                     (f)(1)(vi) of this section;                                 (i) Has an annual percentage rate
                                                                        (iii) The balloon-payment qualified                    that cannot increase after consumma-
                                                                     mortgage is sold, assigned, or other-                     tion and has the same type of interest
                                                                     wise transferred to another person pur-                   rate as the covered transaction with a
                                                                     suant to a capital restoration plan or                    prepayment penalty; for purposes of
                                                                     other action under 12 U.S.C. 1831o, ac-                   this paragraph (g), the term ‘‘type of
                                                                     tions or instructions of any person act-                  interest rate’’ refers to whether a
                                                                     ing as conservator, receiver or bank-                     transaction:
                                                                     ruptcy trustee, an order of a State or                      (A) Is a fixed-rate mortgage, as de-
                                                                     Federal governmental agency with ju-                      fined in § 1026.18(s)(7)(iii); or
                                                                     risdiction to examine the creditor pur-                     (B) Is a step-rate mortgage, as de-
                                                                     suant to State or Federal law, or an                      fined in § 1026.18(s)(7)(ii);
                                                                     agreement between the creditor and                          (ii) Has the same loan term as the
                                                                     such an agency; or                                        loan term for the covered transaction
                                                                        (iv) The balloon-payment qualified                     with a prepayment penalty;
                                                                     mortgage is sold, assigned, or other-                       (iii) Satisfies the periodic payment
                                                                     wise transferred pursuant to a merger                     conditions under paragraph (e)(2)(i) of
                                                                     of the creditor with another person or                    this section;
                                                                     acquisition of the creditor by another                      (iv) Satisfies the points and fees con-
                                                                     person or of another person by the                        ditions under paragraph (e)(2)(iii) of
                                                                     creditor.                                                 this section, based on the information
                                                                        (g) Prepayment penalties—(1) When                      known to the creditor at the time the
                                                                     permitted. A covered transaction must                     transaction is offered; and
                                                                     not include a prepayment penalty un-                        (v) Is a transaction for which the
                                                                     less:                                                     creditor has a good faith belief that the
                                                                                                                               consumer likely qualifies, based on the
                                                                        (i) The prepayment penalty is other-
                                                                                                                               information known to the creditor at
                                                                     wise permitted by law; and
                                                                                                                               the time the creditor offers the covered
                                                                        (ii) The transaction:                                  transaction without a prepayment pen-
                                                                        (A) Has an annual percentage rate                      alty.
                                                                     that cannot increase after consumma-                        (4) Offer through a mortgage broker. If
                                                                     tion;                                                     the creditor offers a covered trans-
                                                                        (B) Is a qualified mortgage under                      action with a prepayment penalty to
                                                                     paragraph (e)(2), (e)(4), (e)(5), (e)(6), or              the consumer through a mortgage
                                                                     (f) of this section; and                                  broker, as defined in § 1026.36(a)(2), the
                                                                        (C) Is not a higher-priced mortgage                    creditor must:
                                                                     loan, as defined in § 1026.35(a).                           (i) Present the mortgage broker an
                                                                        (2) Limits on prepayment penalties. A                  alternative covered transaction with-
                                                                     prepayment penalty:                                       out a prepayment penalty that satis-
                                                                        (i) Must not apply after the three-                    fies the requirements of paragraph
                                                                     year period following consummation;                       (g)(3) of this section; and
                                                                     and                                                         (ii) Establish by agreement that the
                                                                        (ii) Must not exceed the following                     mortgage broker must present the con-




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                                                                     percentages of the amount of the out-                     sumer an alternative covered trans-
                                                                     standing loan balance prepaid:                            action without a prepayment penalty

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.46

                                                                     that satisfies the requirements of para-                  loans as defined in § 1026.46(b)(5). A
                                                                     graph (g)(3) of this section, offered by:                 creditor may, at its option, comply
                                                                        (A) The creditor; or                                   with the requirements of this subpart
                                                                        (B) Another creditor, if the trans-                    for an extension of credit subject to
                                                                     action offered by the other creditor has                  §§ 1026.17 and 1026.18 that is extended to
                                                                     a lower interest rate or a lower total                    a consumer for expenses incurred after
                                                                     dollar amount of discount points and                      graduation from a law, medical, dental,
                                                                     origination points or fees.                               veterinary, or other graduate school
                                                                        (5) Creditor that is a loan originator. If             and related to relocation, study for a
                                                                     the creditor is a loan originator, as de-                 bar or other examination, participation
                                                                     fined in § 1026.36(a)(1), and the creditor                in an internship or residency program,
                                                                     presents the consumer a covered trans-                    or similar purposes.
                                                                     action offered by a person to which the                      (1) Relation to other subparts in this
                                                                     creditor would assign the covered                         part. Except as otherwise specifically
                                                                     transaction after consummation, the                       provided, the requirements and limita-
                                                                     creditor must present the consumer an                     tions of this subpart are in addition to
                                                                     alternative covered transaction with-                     and not in lieu of those contained in
                                                                     out a prepayment penalty that satis-                      other subparts of this part.
                                                                     fies the requirements of paragraph                           (2) [Reserved]
                                                                     (g)(3) of this section, offered by:                          (b) Definitions. For purposes of this
                                                                        (i) The assignee; or                                   subpart, the following definitions
                                                                        (ii) Another person, if the trans-                     apply:
                                                                     action offered by the other person has
                                                                                                                                  (1) Covered educational institution
                                                                     a lower interest rate or a lower total
                                                                                                                               means:
                                                                     dollar amount of origination discount
                                                                     points and points or fees.                                   (i) An educational institution that
                                                                        (6) Applicability. This paragraph (g)                  meets the definition of an institution
                                                                     applies only if a covered transaction is                  of higher education, as defined in para-
                                                                     consummated with a prepayment pen-                        graph (b)(2) of this section, without re-
                                                                     alty and is not violated if:                              gard to the institution’s accreditation
                                                                        (i) A covered transaction is con-                      status; and
                                                                     summated without a prepayment pen-                           (ii) Includes an agent, officer, or em-
                                                                     alty; or                                                  ployee of the institution of higher edu-
                                                                        (ii) The creditor and consumer do not                  cation. An agent means an institution-
                                                                     consummate a covered transaction.                         affiliated organization as defined by
                                                                        (h) Evasion; open-end credit. In con-                  section 151 of the Higher Education Act
                                                                     nection with credit secured by a con-                     of 1965 (20 U.S.C. 1019) or an officer or
                                                                     sumer’s dwelling that does not meet                       employee of an institution-affiliated
                                                                     the definition of open-end credit in                      organization.
                                                                     § 1026.2(a)(20), a creditor shall not struc-                 (2) Institution of higher education has
                                                                     ture the loan as an open-end plan to                      the same meaning as in sections 101
                                                                     evade the requirements of this section.                   and 102 of the Higher Education Act of
                                                                                                                               1965 (20 U.S.C. 1001–1002) and the imple-
                                                                     [78 FR 6584, Jan. 30, 2013, as amended at 78              menting regulations published by the
                                                                     FR 35502, June 12, 2013; 78 FR 44718, July 24,
                                                                     2013; 78 FR 60442, Oct. 1, 2013; 78 FR 63005,
                                                                                                                               U.S. Department of Education.
                                                                     Oct. 23, 2013; 79 FR 65323, Nov. 3, 2014; 80 FR              (3) Postsecondary educational expenses
                                                                     59968, Oct. 2, 2015; 85 FR 67958, Oct. 26, 2020; 85       means any of the expenses that are
                                                                     FR 86394, 86452, Dec. 29, 2020; 86 FR 8283, Feb.          listed as part of the cost of attendance,
                                                                     5, 2021; 86 FR 60360, Nov. 2, 2021]                       as defined under section 472 of the
                                                                                                                               Higher Education Act of 1965 (20 U.S.C.
                                                                     §§ 1026.44–1026.45         [Reserved]                     1087ll), of a student at a covered edu-
                                                                                                                               cational institution. These expenses in-
                                                                           Subpart F—Special Rules for                         clude tuition and fees, books, supplies,
                                                                             Private Education Loans                           miscellaneous personal expenses, room
                                                                                                                               and board, and an allowance for any
                                                                     § 1026.46 Special disclosure require-                     loan fee, origination fee, or insurance
                                                                          ments for private education loans.                   premium charged to a student or par-




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                                                                        (a) Coverage. The requirements of this                 ent for a loan incurred to cover the
                                                                     subpart apply to private education                        cost of the student’s attendance.

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                                                                     § 1026.46                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                        (4) Preferred lender arrangement has                   closed under §§ 1026.47(b)(1)(i) and (c)(1),
                                                                     the same meaning as in section 151 of                     shall be more conspicuous than any
                                                                     the Higher Education Act of 1965 (20                      other disclosure, except the creditor’s
                                                                     U.S.C. 1019).                                             identity under § 1026.18(a).
                                                                        (5) Private education loan means an                       (3) Electronic disclosures. The disclo-
                                                                     extension of credit that:                                 sures required under §§ 1026.47(b) and (c)
                                                                        (i) Is not made, insured, or guaran-                   may be provided to the consumer in
                                                                     teed under title IV of the Higher Edu-                    electronic form, subject to compliance
                                                                     cation Act of 1965 (20 U.S.C. 1070 et                     with the consumer consent and other
                                                                     seq.);                                                    applicable provisions of the Electronic
                                                                        (ii) Is extended to a consumer ex-                     Signatures in Global and National
                                                                     pressly, in whole or in part, for post-                   Commerce Act (E-Sign Act) (15 U.S.C.
                                                                     secondary educational expenses, re-                       7001 et seq.). The disclosures required by
                                                                     gardless of whether the loan is pro-                      § 1026.47(a) may be provided to the con-
                                                                     vided by the educational institution                      sumer in electronic form on or with an
                                                                     that the student attends;                                 application or solicitation that is
                                                                        (iii) Does not include open-end credit                 accessed by the consumer in electronic
                                                                     or any loan that is secured by real                       form without regard to the consumer
                                                                     property or a dwelling; and                               consent or other provisions of the E-
                                                                        (iv) Does not include an extension of                  Sign Act. The form required to be re-
                                                                     credit in which the covered educational                   ceived under § 1026.48(e) may be accept-
                                                                     institution is the creditor if:                           ed by the creditor in electronic form as
                                                                        (A) The term of the extension of cred-                 provided for in that section.
                                                                     it is 90 days or less; or                                    (d) Timing of disclosures—(1) Applica-
                                                                        (B) an interest rate will not be ap-                   tion or solicitation disclosures. (i) The
                                                                     plied to the credit balance and the                       disclosures required by § 1026.47(a) shall
                                                                     term of the extension of credit is one                    be provided on or with any application
                                                                     year or less, even if the credit is pay-                  or solicitation. For purposes of this
                                                                     able in more than four installments.                      subpart, the term solicitation means
                                                                        (c) Form of disclosures—(1) Clear and                  an offer of credit that does not require
                                                                     conspicuous. The disclosures required                     the consumer to complete an applica-
                                                                     by this subpart shall be made clearly                     tion. A ‘‘firm offer of credit’’ as defined
                                                                     and conspicuously.                                        in section 603(l) of the Fair Credit Re-
                                                                        (2) Transaction disclosures. (i) The dis-              porting Act (15 U.S.C. 1681a(l)) is a so-
                                                                     closures required under §§ 1026.47(b) and                 licitation for purposes of this section.
                                                                     (c) shall be made in writing, in a form                      (ii) The creditor may, at its option,
                                                                     that the consumer may keep. The dis-                      disclose orally the information in
                                                                     closures shall be grouped together,                       § 1026.47(a) in a telephone application or
                                                                     shall be segregated from everything                       solicitation. Alternatively, if the cred-
                                                                     else, and shall not contain any infor-                    itor does not disclose orally the infor-
                                                                     mation not directly related to the dis-                   mation in § 1026.47(a), the creditor must
                                                                     closures required under §§ 1026.47(b) and                 provide the disclosures or place them
                                                                     (c), which include the disclosures re-                    in the mail no later than three busi-
                                                                     quired under § 1026.18.                                   ness days after the consumer has ap-
                                                                        (ii) The disclosures may include an                    plied for the credit, except that, if the
                                                                     acknowledgement of receipt, the date                      creditor either denies the consumer’s
                                                                     of the transaction, and the consumer’s                    application or provides or places in the
                                                                     name, address, and account number.                        mail the disclosures in § 1026.47(b) no
                                                                     The following disclosures may be made                     later than three business days after the
                                                                     together with or separately from other                    consumer requests the credit, the cred-
                                                                     required disclosures: the creditor’s                      itor need not also provide the
                                                                     identity under § 1026.18(a), insurance or                 § 1026.47(a) disclosures.
                                                                     debt cancellation under § 1026.18(n), and                    (iii)   Notwithstanding       paragraph
                                                                     certain security interest charges under                   (d)(1)(i) of this section, for a loan that
                                                                     § 1026.18(o).                                             the consumer may use for multiple
                                                                        (iii) The term ‘‘finance charge’’ and                  purposes including, but not limited to,
                                                                     corresponding amount, when required                       postsecondary educational expenses,




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                                                                     to be disclosed under § 1026.18(d), and                   the creditor need not provide the dis-
                                                                     the interest rate required to be dis-                     closures required by § 1026.47(a).

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.47

                                                                        (2) Approval disclosures. The creditor                 itor delivers the required disclosures,
                                                                     shall provide the disclosures required                    the inaccuracy is not a violation of
                                                                     by § 1026.47(b) before consummation on                    Regulation Z (12 CFR part 1026), al-
                                                                     or with any notice of approval provided                   though new disclosures may be re-
                                                                     to the consumer. If the creditor mails                    quired under § 1026.48(c).
                                                                     notice of approval, the disclosures                         (2) Final disclosures. If a disclosure
                                                                     must be mailed with the notice. If the                    under § 1026.47(c) becomes inaccurate
                                                                     creditor communicates notice of ap-                       because of an event that occurs after
                                                                     proval by telephone, the creditor must                    the creditor delivers the required dis-
                                                                     mail the disclosures within three busi-                   closures, the inaccuracy is not a viola-
                                                                     ness days of providing the notice of ap-                  tion of Regulation Z (12 CFR part 1026).
                                                                     proval. If the creditor communicates
                                                                     notice of approval electronically, the                    § 1026.47 Content of disclosures.
                                                                     creditor may provide the disclosures in                      (a) Application or solicitation disclo-
                                                                     electronic form in accordance with                        sures. A creditor shall provide the dis-
                                                                     § 1026.46(d)(3); otherwise the creditor                   closures required under paragraph (a)
                                                                     must mail the disclosures within three                    of this section on or with a solicitation
                                                                     business days of communicating the                        or an application for a private edu-
                                                                     notice of approval. If the creditor com-                  cation loan.
                                                                     municates approval in person, the cred-                      (1) Interest Rates. (i) The interest rate
                                                                     itor must provide the disclosures to the                  or range of interest rates applicable to
                                                                     consumer at that time.                                    the loan and actually offered by the
                                                                        (3) Final disclosures. The disclosures                 creditor at the time of application or
                                                                     required by § 1026.47(c) shall be provided                solicitation. If the rate will depend, in
                                                                     after the consumer accepts the loan in                    part, on a later determination of the
                                                                     accordance with § 1026.48(c)(1).                          consumer’s creditworthiness or other
                                                                        (4) Receipt of mailed disclosures. If the              factors, a statement that the rate for
                                                                     disclosures under paragraphs (d)(1),                      which the consumer may qualify will
                                                                     (d)(2) or (d)(3) of this section are mailed               depend on the consumer’s creditworthi-
                                                                     to the consumer, the consumer is con-                     ness and other factors, if applicable.
                                                                     sidered to have received them three                          (ii) Whether the interest rates appli-
                                                                     business days after they are mailed.                      cable to the loan are fixed or variable.
                                                                        (e) Basis of disclosures and use of esti-                 (iii) If the interest rate may increase
                                                                     mates—(1) Legal obligation. Disclosures                   after consummation of the transaction,
                                                                     shall reflect the terms of the legal obli-                any limitations on the interest rate ad-
                                                                     gation between the parties.                               justments, or lack thereof; a statement
                                                                        (2) Estimates. If any information nec-                 that the consumer’s actual rate could
                                                                     essary for an accurate disclosure is un-                  be higher or lower than the rates dis-
                                                                     known to the creditor, the creditor                       closed under paragraph (a)(1)(i) of this
                                                                     shall make the disclosure based on the                    section, if applicable; and, if the limi-
                                                                     best information reasonably available                     tation is determined by applicable law,
                                                                     at the time the disclosure is provided,                   that fact.
                                                                     and shall state clearly that the disclo-                     (iv) Whether the applicable interest
                                                                     sure is an estimate.                                      rates typically will be higher if the
                                                                        (f) Multiple creditors; multiple con-                  loan is not co-signed or guaranteed.
                                                                     sumers. If a transaction involves more                       (2) Fees and default or late payment
                                                                     than one creditor, only one set of dis-                   costs. (i) An itemization of the fees or
                                                                     closures shall be given and the credi-                    range of fees required to obtain the pri-
                                                                     tors shall agree among themselves                         vate education loan.
                                                                     which creditor will comply with the re-                      (ii) Any fees, changes to the interest
                                                                     quirements that this part imposes on                      rate, and adjustments to principal
                                                                     any or all of them. If there is more                      based on the consumer’s defaults or
                                                                     than one consumer, the disclosures                        late payments.
                                                                     may be made to any consumer who is                           (3) Repayment terms. (i) The term of
                                                                     primarily liable on the obligation.                       the loan, which is the period during
                                                                        (g) Effect of subsequent events—(1) Ap-                which regularly scheduled payments of
                                                                     proval disclosures. If a disclosure under                 principal and interest will be due.




jspears on DSK121TN23PROD with CFR
                                                                     § 1026.47(b) becomes inaccurate because                      (ii) A description of any payment de-
                                                                     of an event that occurs after the cred-                   ferral options, or, if the consumer does

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                                                                     § 1026.47                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     not have the option to defer payments,                    will not change for 30 days except as a
                                                                     that fact.                                                result of adjustments to the interest
                                                                        (iii) For each payment deferral op-                    rate and other changes permitted by
                                                                     tion applicable while the student is en-                  law.
                                                                     rolled at a covered educational institu-                     (8) Self-certification information. A
                                                                     tion:                                                     statement that, before the loan may be
                                                                        (A) Whether interest will accrue dur-                  consummated, the consumer must
                                                                     ing the deferral period; and                              complete the self-certification form
                                                                        (B) If interest accrues, whether pay-                  and that the form may be obtained
                                                                     ment of interest may be deferred and                      from the institution of higher edu-
                                                                     added to the principal balance.                           cation that the student attends.
                                                                        (iv) A statement that if the consumer                     (b) Approval disclosures. On or with
                                                                     files for bankruptcy, the consumer may                    any notice of approval provided to the
                                                                     still be required to pay back the loan.                   consumer, the creditor shall disclose
                                                                        (4) Cost estimates. An example of the                  the information required under § 1026.18
                                                                     total cost of the loan calculated as the                  and the following information:
                                                                     total of payments over the term of the                       (1) Interest rate. (i) The interest rate
                                                                     loan:                                                     applicable to the loan.
                                                                        (i) Using the highest rate of interest                    (ii) Whether the interest rate is fixed
                                                                     disclosed under paragraph (a)(1) of this                  or variable.
                                                                     section and including all finance                            (iii) If the interest rate may increase
                                                                     charges applicable to loans at that                       after consummation of the transaction,
                                                                     rate;                                                     any limitations on the rate adjust-
                                                                        (ii) Using an amount financed of                       ments, or lack thereof.
                                                                     $10,000, or $5000 if the creditor only of-
                                                                                                                                  (2) Fees and default or late payment
                                                                     fers loans of this type for less than
                                                                                                                               costs. (i) An itemization of the fees or
                                                                     $10,000; and
                                                                                                                               range of fees required to obtain the pri-
                                                                        (iii) Calculated for each payment op-
                                                                                                                               vate education loan.
                                                                     tion.
                                                                                                                                  (ii) Any fees, changes to the interest
                                                                        (5) Eligibility. Any age or school en-
                                                                                                                               rate, and adjustments to principal
                                                                     rollment eligibility requirements relat-
                                                                                                                               based on the consumer’s defaults or
                                                                     ing to the consumer or cosigner.
                                                                                                                               late payments.
                                                                        (6) Alternatives to private education
                                                                     loans. (i) A statement that the con-                         (3) Repayment terms. (i) The principal
                                                                     sumer may qualify for Federal student                     amount of the loan for which the con-
                                                                     financial assistance through a program                    sumer has been approved.
                                                                     under title IV of the Higher Education                       (ii) The term of the loan, which is the
                                                                     Act of 1965 (20 U.S.C. 1070 et seq.).                     period during which regularly sched-
                                                                        (ii) The interest rates available under                uled payments of principal and interest
                                                                     each program under title IV of the                        will be due.
                                                                     Higher Education Act of 1965 (20 U.S.C.                      (iii) A description of the payment de-
                                                                     1070 et seq.) and whether the rates are                   ferral option chosen by the consumer,
                                                                     fixed or variable.                                        if applicable, and any other payment
                                                                        (iii) A statement that the consumer                    deferral options that the consumer
                                                                     may obtain additional information                         may elect at a later time.
                                                                     concerning Federal student financial                         (iv) Any payments required while the
                                                                     assistance from the institution of high-                  student is enrolled at a covered edu-
                                                                     er education that the student attends,                    cational institution, based on the de-
                                                                     or at the Web site of the U.S. Depart-                    ferral option chosen by the consumer.
                                                                     ment of Education, including an appro-                       (v) The amount of any unpaid inter-
                                                                     priate Web site address.                                  est that will accrue while the student
                                                                        (iv) A statement that a covered edu-                   is enrolled at a covered educational in-
                                                                     cational institution may have school-                     stitution, based on the deferral option
                                                                     specific education loan benefits and                      chosen by the consumer.
                                                                     terms not detailed on the disclosure                         (vi) A statement that if the consumer
                                                                     form.                                                     files for bankruptcy, the consumer may
                                                                        (7) Rights of the consumer. A state-                   still be required to pay back the loan.




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                                                                     ment that if the loan is approved, the                       (vii) An estimate of the total amount
                                                                     terms of the loan will be available and                   of payments calculated based on:

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.48

                                                                       (A) The interest rate applicable to                        (ii) A statement that, except for
                                                                     the loan. Compliance with § 1026.18(h)                    changes to the interest rate and other
                                                                     constitutes compliance with this re-                      changes permitted by law, the rates
                                                                     quirement.                                                and terms of the loan may not be
                                                                       (B) The maximum possible rate of in-                    changed by the creditor during the pe-
                                                                     terest for the loan or, if a maximum                      riod described in paragraph (b)(5)(i) of
                                                                     rate cannot be determined, a rate of                      this section.
                                                                     25%.                                                         (c) Final disclosures. After the con-
                                                                       (C) If a maximum rate cannot be de-                     sumer has accepted the loan in accord-
                                                                     termined, the estimate of the total                       ance with § 1026.48(c)(1), the creditor
                                                                     amount for repayment must include a                       shall disclose to the consumer the in-
                                                                     statement that there is no maximum                        formation required by § 1026.18 and the
                                                                     rate and that the total amount for re-                    following information:
                                                                     payment disclosed under paragraph                            (1) Interest rate. Information required
                                                                     (b)(3)(vii)(B) of this section is an esti-                to be disclosed under § 1026.47(b)(1).
                                                                     mate and will be higher if the applica-                      (2) Fees and default or late payment
                                                                     ble interest rate increases.                              costs. Information required to be dis-
                                                                       (viii) The maximum monthly pay-                         closed under § 1026.47(b)(2).
                                                                     ment based on the maximum rate of in-                        (3) Repayment terms. Information re-
                                                                     terest for the loan or, if a maximum                      quired      to     be    disclosed   under
                                                                     rate cannot be determined, a rate of                      § 1026.47(b)(3).
                                                                     25%. If a maximum cannot be deter-                           (4) Cancellation right. A statement
                                                                     mined, a statement that there is no                       that:
                                                                     maximum rate and that the monthly                            (i) The consumer has the right to
                                                                     payment amount disclosed is an esti-                      cancel the loan, without penalty, at
                                                                     mate and will be higher if the applica-                   any time before the cancellation period
                                                                     ble interest rate increases.                              under § 1026.48(d) expires, and
                                                                       (4) Alternatives to private education                      (ii) Loan proceeds will not be dis-
                                                                     loans. (i) A statement that the con-                      bursed until after the cancellation pe-
                                                                     sumer may qualify for Federal student                     riod under § 1026.48(d) expires. The
                                                                     financial assistance through a program                    statement must include the specific
                                                                     under title IV of the Higher Education                    date on which the cancellation period
                                                                     Act of 1965 (20 U.S.C. 1070 et seq.).                     expires and state that the consumer
                                                                       (ii) The interest rates available under                 may cancel by that date. The state-
                                                                     each program under title IV of the                        ment must also specify the method or
                                                                     Higher Education Act of 1965 (20 U.S.C.                   methods by which the consumer may
                                                                     1070 et seq.), and whether the rates are                  cancel. If the creditor permits can-
                                                                     fixed or variable.                                        cellation by mail, the statement must
                                                                       (iii) A statement that the consumer                     specify that the consumer’s mailed re-
                                                                     may obtain additional information                         quest will be deemed timely if placed
                                                                     concerning Federal student financial                      in the mail not later than the cancella-
                                                                     assistance from the institution of high-                  tion date specified on the disclosure.
                                                                     er education that the student attends,                    The disclosures required by this para-
                                                                     or at the Web site of the U.S. Depart-                    graph (c)(4) must be made more con-
                                                                     ment of Education, including an appro-                    spicuous than any other disclosure re-
                                                                     priate Web site address.                                  quired under this section, except for
                                                                       (5) Rights of the consumer. (i) A state-                the finance charge, the interest rate,
                                                                     ment that the consumer may accept                         and the creditor’s identity, which must
                                                                     the terms of the loan until the accept-                   be disclosed in accordance with the re-
                                                                     ance period under § 1026.48(c)(1) has ex-                 quirements of § 1026.46(c)(2)(iii).
                                                                     pired. The statement must include the
                                                                     specific date on which the acceptance                     § 1026.48 Limitations on private edu-
                                                                     period expires, based on the date upon                         cation loans.
                                                                     which the consumer receives the dis-                         (a) Co-branding prohibited. (1) Except
                                                                     closures required under this subsection                   as provided in paragraph (b) of this sec-
                                                                     for the loan. The disclosure must also                    tion, a creditor, other than the covered
                                                                     specify the method or methods by                          educational institution itself, shall not




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                                                                     which the consumer may communicate                        use the name, emblem, mascot, or logo
                                                                     acceptance.                                               of a covered educational institution, or

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                                                                     § 1026.48                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     other words, pictures, or symbols iden-                   (c)(2) of this section, nothing in this
                                                                     tified with a covered educational insti-                  section prevents the creditor from:
                                                                     tution, in the marketing of private                          (A) Withdrawing an offer before con-
                                                                     education loans in a way that implies                     summation of the transaction if the ex-
                                                                     that the covered education institution                    tension of credit would be prohibited
                                                                     endorses the creditor’s loans.                            by law or if the creditor has reason to
                                                                        (2) A creditor’s marketing of private                  believe that the consumer has com-
                                                                     education loans does not imply that                       mitted fraud in connection with the
                                                                     the covered education institution en-                     loan application;
                                                                     dorses the creditor’s loans if the mar-                      (B) Changing the interest rate based
                                                                     keting includes a clear and conspicuous                   on adjustments to the index used for a
                                                                     disclosure that is equally prominent                      loan;
                                                                     and closely proximate to the reference                       (C) Changing the interest rate and
                                                                     to the covered educational institution                    terms if the change will unequivocally
                                                                     that the covered educational institu-                     benefit the consumer; or
                                                                     tion does not endorse the creditor’s                         (D) Reducing the loan amount based
                                                                     loans and that the creditor is not affili-                upon a certification or other informa-
                                                                     ated with the covered educational in-                     tion received from the covered edu-
                                                                     stitution.                                                cational institution, or from the con-
                                                                        (b) Endorsed lender arrangements. If a                 sumer, indicating that the student’s
                                                                     creditor and a covered educational in-                    cost of attendance has decreased or the
                                                                     stitution have entered into an arrange-                   consumer’s other financial aid has in-
                                                                     ment where the covered educational in-                    creased. A creditor may make cor-
                                                                     stitution agrees to endorse the credi-                    responding changes to the rate and
                                                                     tor’s private education loans, and such                   other terms only to the extent that the
                                                                     arrangement is not prohibited by other                    consumer would have received the
                                                                     applicable law or regulation, paragraph                   terms if the consumer had applied for
                                                                                                                               the reduced loan amount.
                                                                     (a)(1) of this section does not apply if
                                                                                                                                  (ii) If the creditor changes the rate or
                                                                     the private education loan marketing
                                                                                                                               terms of the loan under this paragraph
                                                                     includes a clear and conspicuous dis-
                                                                                                                               (c)(3), the creditor need not provide the
                                                                     closure that is equally prominent and
                                                                                                                               disclosures required under § 1026.47(b)
                                                                     closely proximate to the reference to
                                                                                                                               for the new loan terms, nor need the
                                                                     the covered educational institution
                                                                                                                               creditor provide an additional 30-day
                                                                     that the creditor’s loans are not offered
                                                                                                                               period to the consumer to accept the
                                                                     or made by the covered educational in-
                                                                                                                               new terms of the loan under paragraph
                                                                     stitution, but are made by the creditor.
                                                                                                                               (c)(1) of this section.
                                                                        (c) Consumer’s right to accept. (1) The                   (4) Exceptions requiring re-disclosure.
                                                                     consumer has the right to accept the                      (i) Notwithstanding paragraphs (c)(2)
                                                                     terms of a private education loan at                      or (c)(3) of this section, nothing in this
                                                                     any time within 30 calendar days fol-                     section prevents the creditor, at its op-
                                                                     lowing the date on which the consumer                     tion, from changing the rate or terms
                                                                     receives the disclosures required under                   of the loan to accommodate a specific
                                                                     § 1026.47(b).                                             request by the consumer. For example,
                                                                        (2) Except for changes permitted                       if the consumer requests a different re-
                                                                     under paragraphs (c)(3) and (c)(4), the                   payment option, the creditor may, but
                                                                     rate and terms of the private education                   need not, offer to provide the requested
                                                                     loan that are required to be disclosed                    repayment option and make any other
                                                                     under § 1026.47(b) and (c) may not be                     changes to the rate and terms.
                                                                     changed by the creditor prior to the                         (ii) If the creditor changes the rate or
                                                                     earlier of:                                               terms of the loan under this paragraph
                                                                        (i) The date of disbursement of the                    (c)(4), the creditor shall provide the
                                                                     loan; or                                                  disclosures required under § 1026.47(b)
                                                                        (ii) The expiration of the 30 calendar                 and shall provide the consumer the 30-
                                                                     day period described in paragraph (c)(1)                  day period to accept the loan under
                                                                     of this section if the consumer has not                   paragraph (c)(1) of this section. The
                                                                     accepted the loan within that time.                       creditor shall not make further




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                                                                        (3) Exceptions not requiring re-disclo-                changes to the rates and terms of the
                                                                     sure. (i) Notwithstanding paragraph                       loan, except as specified in paragraphs

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.51

                                                                     (c)(3) and (4) of this section. Except as                 open a credit card account for a con-
                                                                     permitted under § 1026.48(c)(3), unless                   sumer under an open-end (not home-se-
                                                                     the consumer accepts the loan offered                     cured) consumer credit plan, or in-
                                                                     by the creditor in response to the con-                   crease any credit limit applicable to
                                                                     sumer’s request, the creditor may not                     such account, unless the card issuer
                                                                     withdraw or change the rates or terms                     considers the consumer’s ability to
                                                                     of the loan for which the consumer was                    make the required minimum periodic
                                                                     approved prior to the consumer’s re-                      payments under the terms of the ac-
                                                                     quest for a change in loan terms.                         count based on the consumer’s income
                                                                        (d) Consumer’s right to cancel. The                    or assets and the consumer’s current
                                                                     consumer may cancel a private edu-                        obligations.
                                                                     cation loan, without penalty, until                         (ii) Reasonable policies and procedures.
                                                                     midnight of the third business day fol-                   Card issuers must establish and main-
                                                                     lowing the date on which the consumer                     tain reasonable written policies and
                                                                     receives the disclosures required by                      procedures to consider the consumer’s
                                                                     § 1026.47(c). No funds may be disbursed                   ability to make the required minimum
                                                                     for a private education loan until the                    payments under the terms of the ac-
                                                                     three-business day period has expired.                    count based on a consumer’s income or
                                                                        (e) Self-certification form. For a pri-                assets and a consumer’s current obliga-
                                                                     vate education loan intended to be used                   tions. Reasonable policies and proce-
                                                                     for the postsecondary educational ex-                     dures include treating any income and
                                                                     penses of a student while the student is                  assets to which the consumer has a
                                                                     attending an institution of higher edu-                   reasonable expectation of access as the
                                                                     cation, the creditor shall obtain from                    consumer’s income or assets, or lim-
                                                                     the consumer or the institution of                        iting consideration of the consumer’s
                                                                     higher education the form developed by                    income or assets to the consumer’s
                                                                     the Secretary of Education under sec-                     independent income and assets. Rea-
                                                                     tion 155 of the Higher Education Act of                   sonable policies and procedures also in-
                                                                     1965, signed by the consumer, in writ-                    clude consideration of at least one of
                                                                     ten or electronic form, before consum-                    the following: The ratio of debt obliga-
                                                                     mating the private education loan.                        tions to income; the ratio of debt obli-
                                                                        (f) Provision of information by preferred              gations to assets; or the income the
                                                                     lenders. A creditor that has a preferred                  consumer will have after paying debt
                                                                     lender arrangement with a covered                         obligations. It would be unreasonable
                                                                     educational institution shall provide to                  for a card issuer not to review any in-
                                                                     the covered educational institution the                   formation about a consumer’s income
                                                                     information            required       under               or assets and current obligations, or to
                                                                     § 1026.47(a)(1) through (5), for each type                issue a credit card to a consumer who
                                                                     of private education loan that the lend-
                                                                                                                               does not have any income or assets.
                                                                     er plans to offer to consumers for stu-
                                                                                                                                 (2) Minimum periodic payments—(i)
                                                                     dents attending the covered edu-
                                                                                                                               Reasonable method. For purposes of
                                                                     cational institution for the period be-
                                                                                                                               paragraph (a)(1) of this section, a card
                                                                     ginning July 1 of the current year and
                                                                                                                               issuer must use a reasonable method
                                                                     ending June 30 of the following year.
                                                                                                                               for estimating the minimum periodic
                                                                     The creditor shall provide the informa-
                                                                                                                               payments the consumer would be re-
                                                                     tion annually by the later of the 1st
                                                                                                                               quired to pay under the terms of the
                                                                     day of April, or within 30 days after en-
                                                                                                                               account.
                                                                     tering into, or learning the creditor is
                                                                     a party to, a preferred lender arrange-                     (ii) Safe harbor. A card issuer com-
                                                                     ment.                                                     plies with paragraph (a)(2)(i) of this
                                                                                                                               section if it estimates required min-
                                                                                                                               imum periodic payments using the fol-
                                                                     Subpart G—Special Rules Appli-                            lowing method:
                                                                        cable to Credit Card Ac-                                 (A) The card issuer assumes utiliza-
                                                                        counts and Open-End Credit                             tion, from the first day of the billing
                                                                        Offered to College Students                            cycle, of the full credit line that the
                                                                                                                               issuer is considering offering to the
                                                                     § 1026.51 Ability to Pay.                                 consumer; and




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                                                                        (a) General rule—(1)(i) Consideration of                 (B) The card issuer uses a minimum
                                                                     ability to pay. A card issuer must not                    payment formula employed by the

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                                                                     § 1026.52                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     issuer for the product the issuer is con-                 creased limit consistent with para-
                                                                     sidering offering to the consumer or, in                  graph (b)(1)(i) of this section; or
                                                                     the case of an existing account, the                        (B) A cosigner, guarantor, or joint
                                                                     minimum payment formula that cur-                         applicant who is at least 21 years old
                                                                     rently applies to that account, pro-                      agrees in writing to assume liability
                                                                     vided that:                                               for any debt incurred on the account,
                                                                       (1) If the applicable minimum pay-                      consistent with paragraph (b)(1)(ii) of
                                                                     ment      formula     includes    interest                this section.
                                                                     charges, the card issuer estimates                          (ii) If a credit card account has been
                                                                     those charges using an interest rate                      opened pursuant to paragraph (b)(1)(ii)
                                                                     that the issuer is considering offering                   of this section, no increase in the cred-
                                                                     to the consumer for purchases or, in                      it limit may be made on such account
                                                                     the case of an existing account, the in-                  before the consumer attains the age of
                                                                     terest rate that currently applies to                     21 unless the cosigner, guarantor, or
                                                                     purchases; and                                            joint accountholder who assumed li-
                                                                       (2) If the applicable minimum pay-                      ability at account opening agrees in
                                                                     ment formula includes mandatory fees,                     writing to assume liability on the in-
                                                                     the card issuer must assume that such                     crease.
                                                                     fees have been charged to the account.                    [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                       (b) Rules affecting young consumers—                    FR 25837, May 3, 2013]
                                                                     (1) Applications from young consumers. A
                                                                     card issuer may not open a credit card                    § 1026.52     Limitations on fees.
                                                                     account under an open-end (not home-                        (a) Limitations during first year after
                                                                     secured) consumer credit plan for a                       account opening—(1) General rule. Ex-
                                                                     consumer less than 21 years old, unless                   cept as provided in paragraph (a)(2) of
                                                                     the consumer has submitted a written                      this section, the total amount of fees a
                                                                     application and the card issuer has:                      consumer is required to pay with re-
                                                                       (i) Financial information indicating                    spect to a credit card account under an
                                                                     the consumer has an independent abil-                     open-end (not home-secured) consumer
                                                                     ity to make the required minimum                          credit plan during the first year after
                                                                     periodic payments on the proposed ex-                     account opening must not exceed 25
                                                                     tension of credit in connection with                      percent of the credit limit in effect
                                                                     the account; or                                           when the account is opened. For pur-
                                                                       (ii)(A) A signed agreement of a co-                     poses of this paragraph, an account is
                                                                     signer, guarantor, or joint applicant                     considered open no earlier than the
                                                                     who is at least 21 years old to be either                 date on which the account may first be
                                                                     secondarily liable for any debt on the                    used by the consumer to engage in
                                                                     account incurred by the consumer be-                      transactions.
                                                                     fore the consumer has attained the age                      (2) Fees not subject to limitations. Para-
                                                                     of 21 or jointly liable with the con-                     graph (a) of this section does not apply
                                                                     sumer for any debt on the account; and                    to:
                                                                       (B) Financial information indicating                      (i) Late payment fees, over-the-limit
                                                                     such cosigner, guarantor, or joint ap-                    fees, and returned-payment fees; or
                                                                     plicant has the ability to make the re-                     (ii) Fees that the consumer is not re-
                                                                     quired minimum periodic payments on                       quired to pay with respect to the ac-
                                                                     such debts, consistent with paragraph                     count.
                                                                     (a) of this section.                                        (3) Rule of construction. Paragraph (a)
                                                                       (2) Credit line increases for young con-                of this section does not authorize the
                                                                     sumers. (i) If a credit card account has                  imposition or payment of fees or
                                                                     been opened pursuant to paragraph                         charges otherwise prohibited by law.
                                                                     (b)(1)(i) of this section, no increase in                   (b) Limitations on penalty fees. A card
                                                                     the credit limit may be made on such                      issuer must not impose a fee for vio-
                                                                     account before the consumer attains                       lating the terms or other requirements
                                                                     the age of 21 unless:                                     of a credit card account under an open-
                                                                       (A) At the time of the contemplated                     end (not home-secured) consumer cred-
                                                                     increase, the consumer has an inde-                       it plan unless the dollar amount of the




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                                                                     pendent ability to make the required                      fee is consistent with paragraphs (b)(1)
                                                                     minimum periodic payments on the in-                      and (b)(2) of this section.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.52

                                                                       (1) General rule. Except as provided in                 standing the limitation on the amount
                                                                     paragraph (b)(2) of this section, a card                  of a late payment fee in paragraph
                                                                     issuer may impose a fee for violating                     (b)(1)(ii) of this section.
                                                                     the terms or other requirements of a                        (D) The amounts in paragraphs
                                                                     credit card account under an open-end                     (b)(1)(ii)(A) and (B) of this section will
                                                                     (not home-secured) consumer credit                        be adjusted annually by the Bureau to
                                                                     plan if the dollar amount of the fee is                   reflect changes in the Consumer Price
                                                                     consistent      with     either    paragraph              Index.
                                                                     (b)(1)(i) or (b)(1)(ii) of this section.                    (E) A smaller card issuer, as defined
                                                                       (i) Fees based on costs. A card issuer                  in paragraph (b)(3) of this section, may
                                                                     may impose a fee for violating the                        impose a fee for a late payment on an
                                                                     terms or other requirements of an ac-                     account if the dollar amount of the fee
                                                                     count if the card issuer has determined                   does not exceed the amount in para-
                                                                     that the dollar amount of the fee rep-                    graph (b)(1)(ii)(A) or (B) of this section,
                                                                     resents a reasonable proportion of the                    as applicable, notwithstanding the lim-
                                                                     total costs incurred by the card issuer                   itation on the amount of a late pay-
                                                                     as a result of that type of violation. A                  ment fee in this paragraph (b)(1)(ii).
                                                                     card issuer must reevaluate this deter-                     (2) Prohibited fees—(i) Fees that exceed
                                                                     mination at least once every twelve                       dollar amount associated with violation—
                                                                     months. If as a result of the reevalua-                   (A) Generally. A card issuer must not
                                                                     tion the card issuer determines that a                    impose a fee for violating the terms or
                                                                     lower fee represents a reasonable pro-                    other requirements of a credit card ac-
                                                                     portion of the total costs incurred by                    count under an open-end (not home-se-
                                                                     the card issuer as a result of that type                  cured) consumer credit plan that ex-
                                                                     of violation, the card issuer must begin                  ceeds the dollar amount associated
                                                                     imposing the lower fee within 45 days                     with the violation.
                                                                     after completing the reevaluation. If as                    (B) No dollar amount associated with
                                                                     a result of the reevaluation the card                     violation. A card issuer must not im-
                                                                     issuer determines that a higher fee rep-                  pose a fee for violating the terms or
                                                                     resents a reasonable proportion of the                    other requirements of a credit card ac-
                                                                     total costs incurred by the card issuer                   count under an open-end (not home-se-
                                                                     as a result of that type of violation,                    cured) consumer credit plan when there
                                                                     the card issuer may begin imposing the                    is no dollar amount associated with the
                                                                     higher fee after complying with the no-                   violation. For purposes of paragraph
                                                                     tice requirements in § 1026.9.                            (b)(2)(i) of this section, there is no dol-
                                                                       (ii) Safe harbors. Except as provided                   lar amount associated with the fol-
                                                                     in paragraph (b)(1)(ii)(E) of this sec-                   lowing violations:
                                                                     tion, a card issuer may impose a fee for                    (1) Transactions that the card issuer
                                                                     a late payment on an account if the                       declines to authorize;
                                                                     dollar amount of the fee does not ex-                       (2) Account inactivity; and
                                                                     ceed $8. A card issuer may impose a fee                     (3) The closure or termination of an
                                                                     for other types of violations of the                      account.
                                                                     terms or other requirements of an ac-                       (ii) Multiple fees based on a single event
                                                                     count if the dollar amount of the fee                     or transaction. A card issuer must not
                                                                     does not exceed, as applicable:                           impose more than one fee for violating
                                                                       (A) $32;                                                the terms or other requirements of a
                                                                       (B) $43 if the card issuer previously                   credit card account under an open-end
                                                                     imposed a fee pursuant to paragraph                       (not home-secured) consumer credit
                                                                     (b)(1)(ii)(A) of this section for a viola-                plan based on a single event or trans-
                                                                     tion of the same type that occurred                       action. A card issuer may, at its op-
                                                                     during the same billing cycle or one of                   tion, comply with this prohibition by
                                                                     the next six billing cycles; or                           imposing no more than one fee for vio-
                                                                       (C) Three percent of the delinquent                     lating the terms or other requirements
                                                                     balance on a charge card account that                     of an account during a billing cycle.
                                                                     requires payment of outstanding bal-                        (3) Smaller card issuer. (i) Except as
                                                                     ances in full at the end of each billing                  provided in paragraph (b)(3)(ii) of this
                                                                     cycle if the card issuer has not received                 section, a card issuer is a smaller card




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                                                                     the required payment for two or more                      issuer for purposes of paragraph
                                                                     consecutive billing cycles, notwith-                      (b)(1)(ii)(E) of this section if the card

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                                                                     § 1026.53                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     issuer together with its affiliates had                   sistent with paragraph (a) of this sec-
                                                                     fewer than one million open credit card                   tion, except that, during the two bill-
                                                                     accounts, as defined in § 1026.58(b)(6),                  ing cycles immediately preceding expi-
                                                                     for the entire preceding calendar year.                   ration of the specified period, the ex-
                                                                     For purposes of this paragraph (b)(3),                    cess amount must be allocated first to
                                                                     affiliate means any company that con-                     the balance subject to the deferred in-
                                                                     trols, is controlled by, or is under com-                 terest or similar program and any re-
                                                                     mon control with another company, as                      maining portion allocated to any other
                                                                     set forth in the Bank Holding Company                     balances consistent with paragraph (a)
                                                                     Act of 1956 (12 U.S.C. 1841 et seq.).                     of this section; or
                                                                       (ii) If a card issuer together with its
                                                                                                                                 (ii) Consumer request. The card issuer
                                                                     affiliates had fewer than one million
                                                                                                                               may at its option allocate any amount
                                                                     open credit card accounts for the entire
                                                                     preceding calendar year but meets or                      paid by the consumer in excess of the
                                                                     exceeds that number of open credit                        required minimum periodic payment
                                                                     card accounts in the current calendar                     among the balances on the account in
                                                                     year, the card issuer will no longer be                   the manner requested by the consumer.
                                                                     a smaller card issuer for purposes of                       (2) Accounts with secured balances.
                                                                     paragraph (b)(1)(ii)(E) of this section as                When a balance on a credit card ac-
                                                                     of 60 days after meeting or exceeding                     count under an open-end (not home-se-
                                                                     that number of open credit card ac-                       cured) consumer credit plan is secured,
                                                                     counts.                                                   the card issuer may at its option allo-
                                                                                                                               cate any amount paid by the consumer
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 78
                                                                     FR 18797, Mar. 28, 2013; 78 FR 76035, Dec. 16,            in excess of the required minimum
                                                                     2013; 79 FR 48017, Aug. 15, 2014; 80 FR 56898,            periodic payment to that balance if re-
                                                                     Sept. 21, 2015; 81 FR 41421, June 27, 2016; 81 FR         quested by the consumer.
                                                                     84370, Nov. 22, 2016; 83 FR 43505, Aug. 27, 2018;
                                                                     84 FR 37567, Aug. 1, 2019; 86 FR 60360, Nov. 2,           § 1026.54 Limitations on the imposition
                                                                     2021; 89 FR 19202, Mar. 15, 2024]                             of finance charges.
                                                                     § 1026.53      Allocation of payments.                      (a) Limitations on imposing finance
                                                                                                                               charges as a result of the loss of a grace
                                                                       (a) General rule. Except as provided in
                                                                                                                               period—(1) General rule. Except as pro-
                                                                     paragraph (b) of this section, when a
                                                                                                                               vided in paragraph (b) of this section, a
                                                                     consumer makes a payment in excess
                                                                     of the required minimum periodic pay-                     card issuer must not impose finance
                                                                     ment for a credit card account under                      charges as a result of the loss of a
                                                                     an open-end (not home-secured) con-                       grace period on a credit card account
                                                                     sumer credit plan, the card issuer must                   under an open-end (not home-secured)
                                                                     allocate the excess amount first to the                   consumer credit plan if those finance
                                                                     balance with the highest annual per-                      charges are based on:
                                                                     centage rate and any remaining por-                         (i) Balances for days in billing cycles
                                                                     tion to the other balances in descend-                    that precede the most recent billing
                                                                     ing order based on the applicable an-                     cycle; or
                                                                     nual percentage rate.                                       (ii) Any portion of a balance subject
                                                                       (b) Special rules—(1) Accounts with bal-                to a grace period that was repaid prior
                                                                     ances subject to deferred interest or simi-               to the expiration of the grace period.
                                                                     lar program. When a balance on a credit                     (2) Definition of grace period. For pur-
                                                                     card account under an open-end (not                       poses of paragraph (a)(1) of this sec-
                                                                     home-secured) consumer credit plan is                     tion, ‘‘grace period’’ has the same
                                                                     subject to a deferred interest or similar                 meaning as in § 1026.5(b)(2)(ii)(B)(3).
                                                                     program that provides that a consumer
                                                                                                                                 (b) Exceptions. Paragraph (a) of this
                                                                     will not be obligated to pay interest
                                                                                                                               section does not apply to:
                                                                     that accrues on the balance if the bal-
                                                                     ance is paid in full prior to the expira-                   (1) Adjustments to finance charges as
                                                                     tion of a specified period of time:                       a result of the resolution of a dispute
                                                                       (i) Last two billing cycles. The card                   under § 1026.12 or § 1026.13; or
                                                                     issuer must allocate any amount paid                        (2) Adjustments to finance charges as




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                                                                     by the consumer in excess of the re-                      a result of the return of a payment.
                                                                     quired minimum periodic payment con-

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.55

                                                                     § 1026.55 Limitations on increasing an-                   disclosed      pursuant      to   paragraph
                                                                           nual percentage rates, fees, and                    (b)(1)(i) of this section.
                                                                           charges.                                               (2) Variable rate exception. A card
                                                                        (a) General rule. Except as provided in                issuer may increase an annual percent-
                                                                     paragraph (b) of this section, a card                     age rate when:
                                                                     issuer must not increase an annual per-                      (i) The annual percentage rate varies
                                                                     centage rate or a fee or charge required                  according to an index that is not under
                                                                     to be disclosed under § 1026.6(b)(2)(ii),                 the card issuer’s control and is avail-
                                                                     (b)(2)(iii), or (b)(2)(xii) on a credit card              able to the general public; and
                                                                     account under an open-end (not home-                         (ii) The increase in the annual per-
                                                                     secured) consumer credit plan.                            centage rate is due to an increase in
                                                                        (b) Exceptions. A card issuer may in-                  the index.
                                                                     crease an annual percentage rate or a                        (3) Advance notice exception. A card
                                                                     fee or charge required to be disclosed                    issuer may increase an annual percent-
                                                                     under § 1026.6(b)(2)(ii), (b)(2)(iii), or                 age rate or a fee or charge required to
                                                                     (b)(2)(xii) pursuant to an exception set                  be disclosed under § 1026.6(b)(2)(ii),
                                                                     forth in this paragraph even if that in-                  (b)(2)(iii), or (b)(2)(xii) after complying
                                                                     crease would not be permitted under a                     with the applicable notice require-
                                                                     different exception.                                      ments in § 1026.9(b), (c), or (g), provided
                                                                        (1) Temporary rate, fee, or charge ex-                 that:
                                                                     ception. A card issuer may increase an
                                                                                                                                  (i) If a card issuer discloses an in-
                                                                     annual percentage rate or a fee or
                                                                                                                               creased annual percentage rate, fee, or
                                                                     charge required to be disclosed under
                                                                                                                               charge pursuant to § 1026.9(b), the card
                                                                     § 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii)
                                                                                                                               issuer must not apply that rate, fee, or
                                                                     upon the expiration of a specified pe-
                                                                                                                               charge to transactions that occurred
                                                                     riod of six months or longer, provided
                                                                                                                               prior to provision of the notice;
                                                                     that:
                                                                        (i) Prior to the commencement of                          (ii) If a card issuer discloses an in-
                                                                     that period, the card issuer disclosed in                 creased annual percentage rate, fee, or
                                                                     writing to the consumer, in a clear and                   charge pursuant to § 1026.9(c) or (g), the
                                                                     conspicuous manner, the length of the                     card issuer must not apply that rate,
                                                                     period and the annual percentage rate,                    fee, or charge to transactions that oc-
                                                                     fee, or charge that would apply after                     curred prior to or within 14 days after
                                                                     expiration of the period; and                             provision of the notice; and
                                                                        (ii) Upon expiration of the specified                     (iii) This exception does not permit a
                                                                     period:                                                   card issuer to increase an annual per-
                                                                        (A) The card issuer must not apply                     centage rate or a fee or charge required
                                                                     an annual percentage rate, fee, or                        to be disclosed under § 1026.6(b)(2)(ii),
                                                                     charge to transactions that occurred                      (iii), or (xii) during the first year after
                                                                     prior to the period that exceeds the an-                  the account is opened, while the ac-
                                                                     nual percentage rate, fee, or charge                      count is closed, or while the card issuer
                                                                     that applied to those transactions prior                  does not permit the consumer to use
                                                                     to the period;                                            the account for new transactions. For
                                                                        (B) If the disclosures required by                     purposes of this paragraph, an account
                                                                     paragraph (b)(1)(i) of this section are                   is considered open no earlier than the
                                                                     provided pursuant to § 1026.9(c), the                     date on which the account may first be
                                                                     card issuer must not apply an annual                      used by the consumer to engage in
                                                                     percentage rate, fee, or charge to                        transactions.
                                                                     transactions that occurred within 14                         (4) Delinquency exception. A card
                                                                     days after provision of the notice that                   issuer may increase an annual percent-
                                                                     exceeds the annual percentage rate,                       age rate or a fee or charge required to
                                                                     fee, or charge that applied to that cat-                  be disclosed under § 1026.6(b)(2)(ii),
                                                                     egory of transactions prior to provision                  (b)(2)(iii), or (b)(2)(xii) due to the card
                                                                     of the notice; and                                        issuer not receiving the consumer’s re-
                                                                        (C) The card issuer must not apply an                  quired minimum periodic payment
                                                                     annual percentage rate, fee, or charge                    within 60 days after the due date for
                                                                     to transactions that occurred during                      that payment, provided that:




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                                                                     the period that exceeds the increased                        (i) The card issuer must disclose in a
                                                                     annual percentage rate, fee, or charge                    clear and conspicuous manner in the

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                                                                     § 1026.55                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     notice of the increase pursuant to                        app. 527 or a similar Federal or state
                                                                     § 1026.9(c) or (g):                                       statute or regulation, a card issuer
                                                                        (A) A statement of the reason for the                  may increase that annual percentage
                                                                     increase; and                                             rate, fee, or charge once 50 U.S.C. app.
                                                                        (B) That the increased annual per-                     527 or the similar statute or regulation
                                                                     centage rate, fee, or charge will cease                   no longer applies, provided that the
                                                                     to apply if the card issuer receives six                  card issuer must not apply to any
                                                                     consecutive required minimum peri-                        transactions that occurred prior to the
                                                                     odic payments on or before the pay-                       decrease an annual percentage rate,
                                                                     ment due date beginning with the first                    fee, or charge that exceeds the annual
                                                                     payment due following the effective                       percentage rate, fee, or charge that ap-
                                                                     date of the increase; and                                 plied to those transactions prior to the
                                                                        (ii) If the card issuer receives six con-              decrease.
                                                                     secutive required minimum periodic                          (7) Index replacement and margin
                                                                     payments on or before the payment due                     change exception. A card issuer may in-
                                                                     date beginning with the first payment                     crease an annual percentage rate when:
                                                                     due following the effective date of the
                                                                                                                                 (i) The card issuer changes the index
                                                                     increase, the card issuer must reduce
                                                                                                                               and margin used to determine the an-
                                                                     any annual percentage rate, fee, or
                                                                                                                               nual percentage rate if the original
                                                                     charge increased pursuant to this ex-
                                                                                                                               index becomes unavailable, as long as
                                                                     ception to the annual percentage rate,
                                                                                                                               historical fluctuations in the original
                                                                     fee, or charge that applied prior to the
                                                                                                                               and replacement indices were substan-
                                                                     increase with respect to transactions
                                                                                                                               tially similar, and as long as the re-
                                                                     that occurred prior to or within 14 days
                                                                                                                               placement index and replacement mar-
                                                                     after provision of the § 1026.9(c) or (g)
                                                                                                                               gin will produce a rate substantially
                                                                     notice.
                                                                        (5) Workout and temporary hardship ar-                 similar to the rate that was in effect at
                                                                     rangement exception. A card issuer may                    the time the original index became un-
                                                                     increase an annual percentage rate or a                   available. If the replacement index is
                                                                     fee or charge required to be disclosed                    newly established and therefore does
                                                                     under § 1026.6(b)(2)(ii), (b)(2)(iii), or                 not have any rate history, it may be
                                                                     (b)(2)(xii) due to the consumer’s com-                    used if it and the replacement margin
                                                                     pletion of a workout or temporary                         will produce a rate substantially simi-
                                                                     hardship arrangement or the con-                          lar to the rate in effect when the origi-
                                                                     sumer’s failure to comply with the                        nal index became unavailable; or
                                                                     terms of such an arrangement, pro-                          (ii) If a variable rate on the plan is
                                                                     vided that:                                               calculated using a LIBOR index, the
                                                                        (i) Prior to commencement of the ar-                   card issuer changes the LIBOR index
                                                                     rangement (except as provided in                          and the margin for calculating the
                                                                     § 1026.9(c)(2)(v)(D)), the card issuer has                variable rate on or after April 1, 2022,
                                                                     provided the consumer with a clear and                    to a replacement index and a replace-
                                                                     conspicuous written disclosure of the                     ment margin, as long as historical fluc-
                                                                     terms of the arrangement (including                       tuations in the LIBOR index and re-
                                                                     any increases due to the completion or                    placement index were substantially
                                                                     failure of the arrangement); and                          similar, and as long as the replacement
                                                                        (ii) Upon the completion or failure of                 index value in effect on October 18,
                                                                     the arrangement, the card issuer must                     2021, and replacement margin will
                                                                     not apply to any transactions that oc-                    produce an annual percentage rate sub-
                                                                     curred prior to commencement of the                       stantially similar to the rate cal-
                                                                     arrangement an annual percentage                          culated using the LIBOR index value in
                                                                     rate, fee, or charge that exceeds the an-                 effect on October 18, 2021, and the mar-
                                                                     nual percentage rate, fee, or charge                      gin that applied to the variable rate
                                                                     that applied to those transactions prior                  immediately prior to the replacement
                                                                     to commencement of the arrangement.                       of the LIBOR index used under the
                                                                        (6) Servicemembers Civil Relief Act ex-                plan. If the replacement index is newly
                                                                     ception. If an annual percentage rate or                  established and therefore does not have
                                                                     a fee or charge required to be disclosed                  any rate history, it may be used if the




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                                                                     under § 1026.6(b)(2)(ii), (iii), or (xii) has             replacement index value in effect on
                                                                     been decreased pursuant to 50 U.S.C.                      October 18, 2021, and the replacement

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.56

                                                                     margin will produce an annual percent-                      (iii) A required minimum periodic
                                                                     age rate substantially similar to the                     payment that includes a percentage of
                                                                     rate calculated using the LIBOR index                     the balance that is equal to no more
                                                                     value in effect on October 18, 2021, and                  than twice the percentage required be-
                                                                     the margin that applied to the variable                   fore the effective date of the increase.
                                                                     rate immediately prior to the replace-                      (d) Continuing application. This sec-
                                                                     ment of the LIBOR index used under                        tion continues to apply to a balance on
                                                                     the plan. If the replacement index is                     a credit card account under an open-
                                                                     not published on October 18, 2021, the                    end (not home-secured) consumer cred-
                                                                     card issuer generally must use the next                   it plan after:
                                                                     calendar day for which both the LIBOR                       (1) The account is closed or acquired
                                                                     index and the replacement index are                       by another creditor; or
                                                                     published as the date for selecting indi-                   (2) The balance is transferred from a
                                                                     ces values in determining whether the                     credit card account under an open-end
                                                                     annual percentage rate based on the re-                   (not home-secured) consumer credit
                                                                     placement index is substantially simi-                    plan issued by a creditor to another
                                                                     lar to the rate based on the LIBOR                        credit account issued by the same cred-
                                                                     index. The one exception is that if the                   itor or its affiliate or subsidiary (un-
                                                                     replacement index is the Board-se-                        less the account to which the balance
                                                                     lected benchmark replacement for con-                     is transferred is subject to § 1026.40).
                                                                     sumer loans to replace the 1-month, 3-                      (e) Promotional waivers or rebates of in-
                                                                     month, 6-month, or 12-month U.S. Dol-                     terest, fees, and other charges. If a card
                                                                     lar LIBOR index, the card issuer must                     issuer promotes the waiver or rebate of
                                                                     use the index value on June 30, 2023, for                 finance charges due to a periodic inter-
                                                                     the LIBOR index and, for the Board-se-                    est rate or fees or charges required to
                                                                     lected benchmark replacement for con-                     be disclosed under § 1026.6(b)(2)(ii), (iii),
                                                                     sumer loans, must use the index value                     or (xii) and applies the waiver or rebate
                                                                     on the first date that index is pub-                      to a credit card account under an open-
                                                                     lished, in determining whether the an-                    end (not home-secured) consumer cred-
                                                                     nual percentage rate based on the re-                     it plan, any cessation of the waiver or
                                                                     placement index is substantially simi-                    rebate on that account constitutes an
                                                                     lar to the rate based on the LIBOR                        increase in an annual percentage rate,
                                                                     index.                                                    fee, or charge for purposes of this sec-
                                                                       (c) Treatment of protected balances—(1)                 tion.
                                                                     Definition of protected balance. For pur-                 [76 FR 79772, Dec. 22, 2011, as amended at 86
                                                                     poses of this paragraph, ‘‘protected bal-                 FR 69782, Dec. 8, 2021; 88 FR 30622, May 11,
                                                                     ance’’ means the amount owed for a                        2023]
                                                                     category of transactions to which an
                                                                     increased annual percentage rate or an                    § 1026.56 Requirements for over-the-
                                                                     increased fee or charge required to be                          limit transactions.
                                                                     disclosed       under       § 1026.6(b)(2)(ii),              (a) Definition. For purposes of this
                                                                     (b)(2)(iii), or (b)(2)(xii) cannot be ap-                 section, the term ‘‘over-the-limit
                                                                     plied after the annual percentage rate,                   transaction’’ means any extension of
                                                                     fee, or charge for that category of                       credit by a card issuer to complete a
                                                                     transactions has been increased pursu-                    transaction that causes a consumer’s
                                                                     ant to paragraph (b)(3) of this section.                  credit card account balance to exceed
                                                                       (2) Repayment of protected balance.                     the credit limit.
                                                                     The card issuer must not require re-                         (b) Opt-in requirement—(1) General. A
                                                                     payment of the protected balance using                    card issuer shall not assess a fee or
                                                                     a method that is less beneficial to the                   charge on a consumer’s credit card ac-
                                                                     consumer than one of the following                        count under an open-end (not home-se-
                                                                     methods:                                                  cured) consumer credit plan for an
                                                                       (i) The method of repayment for the                     over-the-limit transaction unless the
                                                                     account before the effective date of the                  card issuer:
                                                                     increase;                                                    (i) Provides the consumer with an
                                                                       (ii) An amortization period of not                      oral, written or electronic notice, seg-
                                                                     less than five years, beginning no ear-                   regated from all other information, de-




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                                                                     lier than the effective date of the in-                   scribing the consumer’s right to af-
                                                                     crease; or                                                firmatively consent, or opt in, to the

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                                                                     § 1026.56                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     card issuer’s payment of an over-the-                     issuer’s payment of over-the-limit
                                                                     limit transaction;                                        transactions.
                                                                       (ii) Provides a reasonable oppor-                         (3) Notice of right of revocation. The
                                                                     tunity for the consumer to affirma-                       notice required by paragraph (b)(1)(v)
                                                                     tively consent, or opt in, to the card                    of this section shall be provided on the
                                                                     issuer’s payment of over-the-limit                        front of any page of each periodic
                                                                     transactions;                                             statement that reflects the assessment
                                                                       (iii) Obtains the consumer’s affirma-                   of an over-the-limit fee or charge on a
                                                                     tive consent, or opt-in, to the card                      consumer’s account.
                                                                     issuer’s payment of such transactions;                      (e) Content—(1) Initial notice. The no-
                                                                       (iv) Provides the consumer with con-                    tice required by paragraph (b)(1)(i) of
                                                                     firmation of the consumer’s consent in                    this section shall include all applicable
                                                                     writing, or if the consumer agrees,                       items in this paragraph (e)(1) and may
                                                                     electronically; and                                       not contain any information not speci-
                                                                                                                               fied in or otherwise permitted by this
                                                                       (v) Provides the consumer notice in
                                                                                                                               paragraph.
                                                                     writing of the right to revoke that con-
                                                                                                                                 (i) Fees. The dollar amount of any
                                                                     sent following the assessment of an
                                                                                                                               fees or charges assessed by the card
                                                                     over-the-limit fee or charge.
                                                                                                                               issuer on a consumer’s account for an
                                                                       (2) Completion of over-the-limit trans-                 over-the-limit transaction;
                                                                     actions without consumer consent. Not-                      (ii) APRs. Any increased periodic
                                                                     withstanding the absence of a con-                        rate(s) (expressed as an annual percent-
                                                                     sumer’s affirmative consent under                         age rate(s)) that may be imposed on
                                                                     paragraph (b)(1)(iii) of this section, a                  the account as a result of an over-the-
                                                                     card issuer may pay any over-the-limit                    limit transaction; and
                                                                     transaction on a consumer’s account                         (iii) Disclosure of opt-in right. An ex-
                                                                     provided that the card issuer does not                    planation of the consumer’s right to af-
                                                                     impose any fee or charge on the ac-                       firmatively consent to the card issuer’s
                                                                     count for paying that over-the-limit                      payment      of    over-the-limit    trans-
                                                                     transaction.                                              actions, including the method(s) by
                                                                       (c) Method of election. A card issuer                   which the consumer may consent.
                                                                     may permit a consumer to consent to                         (2) Subsequent notice. The notice re-
                                                                     the card issuer’s payment of any over-                    quired by paragraph (b)(1)(v) of this
                                                                     the-limit transaction in writing, oral-                   section shall describe the consumer’s
                                                                     ly, or electronically, at the card                        right to revoke any consent provided
                                                                     issuer’s option. The card issuer must                     under paragraph (b)(1)(iii) of this sec-
                                                                     also permit the consumer to revoke his                    tion, including the method(s) by which
                                                                     or her consent using the same methods                     the consumer may revoke.
                                                                     available to the consumer for providing                     (3) Safe harbor. Use of Model Forms
                                                                     consent.                                                  G–25(A) or G–25(B) of appendix G to
                                                                       (d) Timing and placement of notices—                    this part, or substantially similar no-
                                                                     (1) Initial notice—(i) General. The notice                tices, constitutes compliance with the
                                                                     required by paragraph (b)(1)(i) of this                   notice content requirements of para-
                                                                     section shall be provided prior to the                    graph (e) of this section.
                                                                     assessment of any over-the-limit fee or                     (f) Joint relationships. If two or more
                                                                     charge on a consumer’s account.                           consumers are jointly liable on a credit
                                                                       (ii) Oral or electronic consent. If a con-              card account under an open-end (not
                                                                     sumer consents to the card issuer’s                       home-secured) consumer credit plan,
                                                                     payment of any over-the-limit trans-                      the card issuer shall treat the affirma-
                                                                     action by oral or electronic means, the                   tive consent of any of the joint con-
                                                                     card issuer must provide the notice re-                   sumers as affirmative consent for that
                                                                     quired by paragraph (b)(1)(i) of this sec-                account. Similarly, the card issuer
                                                                     tion immediately prior to obtaining                       shall treat a revocation of consent by
                                                                     that consent.                                             any of the joint consumers as revoca-
                                                                       (2) Confirmation of opt-in. The notice                  tion of consent for that account.
                                                                     required by paragraph (b)(1)(iv) of this                    (g) Continuing right to opt in or revoke
                                                                     section may be provided no later than                     opt-in. A consumer may affirmatively




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                                                                     the first periodic statement sent after                   consent to the card issuer’s payment of
                                                                     the consumer has consented to the card                    over-the-limit transactions at any time

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.57

                                                                     in the manner described in the notice                        (3) Conditioning. A card issuer may
                                                                     required by paragraph (b)(1)(i) of this                   not condition the amount of a con-
                                                                     section. Similarly, the consumer may                      sumer’s credit limit on the consumer
                                                                     revoke the consent at any time in the                     affirmatively consenting to the card
                                                                     manner described in the notice re-                        issuer’s payment of over-the-limit
                                                                     quired by paragraph (b)(1)(v) of this                     transactions if the card issuer assesses
                                                                     section.                                                  a fee or charge for such service.
                                                                        (h) Duration of opt-in. A consumer’s                      (4) Over-the-limit fees attributed to fees
                                                                     affirmative consent to the card issuer’s                  or interest. A card issuer may not im-
                                                                     payment of over-the-limit transactions                    pose an over-the-limit fee or charge for
                                                                     is effective until revoked by the con-                    a billing cycle if a consumer exceeds a
                                                                     sumer, or until the card issuer decides                   credit limit solely because of fees or in-
                                                                     for any reason to cease paying over-                      terest charged by the card issuer to the
                                                                     the-limit transactions for the con-                       consumer’s account during that billing
                                                                     sumer.                                                    cycle. For purposes of this paragraph
                                                                        (i) Time to comply with revocation re-                 (j)(4), the relevant fees or interest
                                                                     quest. A card issuer must comply with                     charges are charges imposed as part of
                                                                     a consumer’s revocation request as                        the plan under § 1026.6(b)(3).
                                                                     soon as reasonably practicable after
                                                                     the card issuer receives it.                              § 1026.57 Reporting and marketing
                                                                        (j) Prohibited practices. Notwith-                         rules for college student open-end
                                                                     standing a consumer’s affirmative con-                        credit.
                                                                     sent to a card issuer’s payment of over-                     (a) Definitions—(1) College student
                                                                     the-limit transactions, a card issuer is                  credit card. The term ‘‘college student
                                                                     prohibited from engaging in the fol-                      credit card’’ as used in this section
                                                                     lowing practices:                                         means a credit card issued under a
                                                                        (1) Fees or charges imposed per cycle—                 credit card account under an open-end
                                                                     (i) General rule. A card issuer may not                   (not home-secured) consumer credit
                                                                     impose more than one over-the-limit                       plan to any college student.
                                                                     fee or charge on a consumer’s credit                         (2) College student. The term ‘‘college
                                                                     card account per billing cycle, and, in                   student’’ as used in this section means
                                                                     any event, only if the credit limit was                   a consumer who is a full-time or part-
                                                                     exceeded during the billing cycle. In                     time student of an institution of higher
                                                                     addition, except as provided in para-                     education.
                                                                     graph (j)(1)(ii) of this section, a card                     (3) Institution of higher education. The
                                                                     issuer may not impose an over-the-                        term ‘‘institution of higher education’’
                                                                     limit fee or charge on the consumer’s                     as used in this section has the same
                                                                     credit card account for more than                         meaning as in sections 101 and 102 of
                                                                     three billing cycles for the same over-                   the Higher Education Act of 1965 (20
                                                                     the-limit transaction where the con-                      U.S.C. 1001 and 1002).
                                                                     sumer has not reduced the account bal-                       (4) Affiliated organization. The term
                                                                     ance below the credit limit by the pay-                   ‘‘affiliated organization’’ as used in
                                                                     ment due date for either of the last two                  this section means an alumni organiza-
                                                                     billing cycles.                                           tion or foundation affiliated with or re-
                                                                        (ii) Exception. The prohibition in                     lated to an institution of higher edu-
                                                                     paragraph (j)(1)(i) of this section on im-                cation.
                                                                     posing an over-the-limit fee or charge                       (5) College credit card agreement. The
                                                                     in more than three billing cycles for                     term ‘‘college credit card agreement’’
                                                                     the same over-the-limit transaction(s)                    as used in this section means any busi-
                                                                     does not apply if another over-the-                       ness, marketing or promotional agree-
                                                                     limit transaction occurs during either                    ment between a card issuer and an in-
                                                                     of the last two billing cycles.                           stitution of higher education or an af-
                                                                        (2) Failure to promptly replenish. A                   filiated organization in connection
                                                                     card issuer may not impose an over-                       with which college student credit cards
                                                                     the-limit fee or charge solely because                    are issued to college students currently
                                                                     of the card issuer’s failure to promptly                  enrolled at that institution.
                                                                     replenish the consumer’s available                           (b) Public disclosure of agreements. An




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                                                                     credit following the crediting of the                     institution of higher education shall
                                                                     consumer’s payment under § 1026.10.                       publicly disclose any contract or other

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                                                                     § 1026.58                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     agreement made with a card issuer or                      lege credit card agreement during the
                                                                     creditor for the purpose of marketing a                   period covered by the report; and
                                                                     credit card.                                                (vi) The total number of credit card
                                                                       (c) Prohibited inducements. No card                     accounts opened pursuant to any such
                                                                     issuer or creditor may offer a college                    agreement that were open at the end of
                                                                     student any tangible item to induce                       the period covered by the report.
                                                                     such student to apply for or open an                        (3) Timing of reports. Except for the
                                                                     open-end consumer credit plan offered                     initial report described in this para-
                                                                     by such card issuer or creditor, if such                  graph (d)(3), a card issuer must submit
                                                                     offer is made:                                            its annual report for each calendar
                                                                       (1) On the campus of an institution of                  year to the Bureau by the first business
                                                                     higher education;                                         day on or after March 31 of the fol-
                                                                       (2) Near the campus of an institution                   lowing calendar year.
                                                                     of higher education; or
                                                                       (3) At an event sponsored by or re-                     § 1026.58 Internet posting of credit
                                                                     lated to an institution of higher edu-                         card agreements.
                                                                     cation.                                                      (a) Applicability. The requirements of
                                                                       (d) Annual report to the Bureau—(1)                     this section apply to any card issuer
                                                                     Requirement to report. Any card issuer                    that issues credit cards under a credit
                                                                     that was a party to one or more college                   card account under an open-end (not
                                                                     credit card agreements in effect at any                   home-secured) consumer credit plan.
                                                                     time during a calendar year must sub-                        (b) Definitions—(1) Agreement. For
                                                                     mit to the Bureau an annual report re-                    purposes of this section, ‘‘agreement’’
                                                                     garding those agreements in the form                      or ‘‘credit card agreement’’ means the
                                                                     and manner prescribed by the Bureau.                      written document or documents evi-
                                                                       (2) Contents of report. The annual re-                  dencing the terms of the legal obliga-
                                                                     port to the Bureau must include the                       tion, or the prospective legal obliga-
                                                                     following:                                                tion, between a card issuer and a con-
                                                                       (i) Identifying information about the                   sumer for a credit card account under
                                                                     card issuer and the agreements sub-                       an open-end (not home-secured) con-
                                                                     mitted, including the issuer’s name,                      sumer credit plan. ‘‘Agreement’’ or
                                                                     address, and identifying number (such                     ‘‘credit card agreement’’ also includes
                                                                     as an RSSD ID number or tax identi-                       the pricing information, as defined in
                                                                     fication number);                                         § 1026.58(b)(7).
                                                                       (ii) A copy of any college credit card                     (2) Amends. For purposes of this sec-
                                                                     agreement to which the card issuer was                    tion, an issuer ‘‘amends’’ an agreement
                                                                     a party that was in effect at any time                    if it makes a substantive change (an
                                                                     during the period covered by the re-                      ‘‘amendment’’) to the agreement. A
                                                                     port;                                                     change is substantive if it alters the
                                                                       (iii) A copy of any memorandum of                       rights or obligations of the card issuer
                                                                     understanding in effect at any time                       or the consumer under the agreement.
                                                                     during the period covered by the report                   Any change in the pricing information,
                                                                     between the card issuer and an institu-                   as defined in § 1026.58(b)(7), is deemed to
                                                                     tion of higher education or affiliated                    be substantive.
                                                                     organization that directly or indirectly                     (3) Business day. For purposes of this
                                                                     relates to the college credit card agree-                 section, ‘‘business day’’ means a day on
                                                                     ment or that controls or directs any                      which the creditor’s offices are open to
                                                                     obligations or distribution of benefits                   the public for carrying on substantially
                                                                     between any such entities;                                all of its business functions.
                                                                       (iv) The total dollar amount of any                        (4) Card issuer. For purposes of this
                                                                     payments pursuant to a college credit                     section, ‘‘card issuer’’ or ‘‘issuer’’
                                                                     card agreement from the card issuer to                    means the entity to which a consumer
                                                                     an institution of higher education or                     is legally obligated, or would be legally
                                                                     affiliated organization during the pe-                    obligated, under the terms of a credit
                                                                     riod covered by the report, and the                       card agreement.
                                                                     method or formula used to determine                          (5) Offers. For purposes of this sec-
                                                                     such amounts;                                             tion, an issuer ‘‘offers’’ or ‘‘offers to




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                                                                       (v) The total number of credit card                     the public’’ an agreement if the issuer
                                                                     accounts opened pursuant to any col-                      is soliciting or accepting applications

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.58

                                                                     for accounts that would be subject to                       (ii) The credit card agreements that
                                                                     that agreement.                                           the card issuer offered to the public as
                                                                        (6) Open accounts. For purposes of                     of the last business day of the pre-
                                                                     this section and § 1026.52, an account is                 ceding calendar quarter that the card
                                                                     an ‘‘open account’’ or ‘‘open credit card                 issuer has not previously submitted to
                                                                     account’’ if it is a credit card account                  the Bureau;
                                                                     under an open-end (not home-secured)                        (iii) Any credit card agreement pre-
                                                                     consumer credit plan and either:                          viously submitted to the Bureau that
                                                                        (i) The cardholder can obtain exten-                   was amended during the preceding cal-
                                                                     sions of credit on the account; or                        endar quarter and that the card issuer
                                                                        (ii) There is an outstanding balance                   offered to the public as of the last busi-
                                                                     on the account that has not been                          ness day of the preceding calendar
                                                                     charged off. An account that has been                     quarter, as described in § 1026.58(c)(3);
                                                                     suspended temporarily (for example,                       and
                                                                     due to a report by the cardholder of un-                    (iv) Notification regarding any credit
                                                                     authorized use of the card) is consid-                    card agreement previously submitted
                                                                     ered an ‘‘open account’’ or ‘‘open credit                 to the Bureau that the issuer is with-
                                                                     card account.’’                                           drawing, as described in § 1026.58(c)(4),
                                                                                                                               (c)(5), (c)(6), and (c)(7).
                                                                        (7) Pricing information. For purposes
                                                                                                                                 (2) [Reserved]
                                                                     of this section, ‘‘pricing information’’
                                                                                                                                 (3) Amended agreements. If a credit
                                                                     means the information listed in
                                                                                                                               card agreement has been submitted to
                                                                     § 1026.6(b)(2)(i) through (b)(2)(xii). Pric-
                                                                                                                               the Bureau, the agreement has not
                                                                     ing information does not include tem-
                                                                                                                               been amended and the card issuer con-
                                                                     porary or promotional rates and terms
                                                                                                                               tinues to offer the agreement to the
                                                                     or rates and terms that apply only to
                                                                                                                               public, no additional submission re-
                                                                     protected balances.
                                                                                                                               garding that agreement is required. If a
                                                                        (8) Private label credit card account and              credit card agreement that previously
                                                                     private label credit card plan. For pur-                  has been submitted to the Bureau is
                                                                     poses of this section:                                    amended and the card issuer offered
                                                                        (i) ‘‘private label credit card ac-                    the amended agreement to the public
                                                                     count’’ means a credit card account                       as of the last business day of the cal-
                                                                     under an open-end (not home-secured)                      endar quarter in which the change be-
                                                                     consumer credit plan with a credit card                   came effective, the card issuer must
                                                                     that can be used to make purchases                        submit the entire amended agreement
                                                                     only at a single merchant or an affili-                   to the Bureau, in the form and manner
                                                                     ated group of merchants; and                              specified by the Bureau, by the first
                                                                        (ii) ‘‘private label credit card plan’’                quarterly submission deadline after the
                                                                     means all of the private label credit                     last day of the calendar quarter in
                                                                     card accounts issued by a particular                      which the change became effective.
                                                                     issuer with credit cards usable at the                      (4) Withdrawal of agreements. If a card
                                                                     same single merchant or affiliated                        issuer no longer offers to the public a
                                                                     group of merchants.                                       credit card agreement that previously
                                                                        (c) Submission of agreements to Bu-                    has been submitted to the Bureau, the
                                                                     reau—(1) Quarterly submissions. A card                    card issuer must notify the Bureau, in
                                                                     issuer must make quarterly submis-                        the form and manner specified by the
                                                                     sions to the Bureau, in the form and                      Bureau, by the first quarterly submis-
                                                                     manner specified by the Bureau. Quar-                     sion deadline after the last day of the
                                                                     terly submissions must be sent to the                     calendar quarter in which the issuer
                                                                     Bureau no later than the first business                   ceased to offer the agreement.
                                                                     day on or after January 31, April 30,                       (5) De minimis exception. (i) A card
                                                                     July 31, and October 31 of each year.                     issuer is not required to submit any
                                                                     Each submission must contain:                             credit card agreements to the Bureau if
                                                                        (i) Identifying information about the                  the card issuer had fewer than 10,000
                                                                     card issuer and the agreements sub-                       open credit card accounts as of the last
                                                                     mitted, including the issuer’s name,                      business day of the calendar quarter.
                                                                     address, and identifying number (such                       (ii) If an issuer that previously quali-




jspears on DSK121TN23PROD with CFR
                                                                     as an RSSD ID number or tax identi-                       fied for the de minimis exception
                                                                     fication number);                                         ceases to qualify, the card issuer must

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                                                                     § 1026.58                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     begin making quarterly submissions to                     reau no later than the first quarterly
                                                                     the Bureau no later than the first quar-                  submission deadline after the date as of
                                                                     terly submission deadline after the                       which the agreement ceased to qualify.
                                                                     date as of which the issuer ceased to                        (iii) If an agreement that did not pre-
                                                                     qualify.                                                  viously qualify for the product testing
                                                                        (iii) If a card issuer that did not pre-               exception qualifies for the exception,
                                                                     viously qualify for the de minimis ex-                    the card issuer must continue to make
                                                                     ception qualifies for the de minimis ex-                  quarterly submissions to the Bureau
                                                                     ception, the card issuer must continue                    with respect to that agreement until
                                                                     to make quarterly submissions to the                      the issuer notifies the Bureau that the
                                                                     Bureau until the issuer notifies the Bu-                  agreement is being withdrawn.
                                                                     reau that the card issuer is with-                           (8) Form and content of agreements sub-
                                                                     drawing all agreements it previously                      mitted to the Bureau—(i) Form and con-
                                                                     submitted to the Bureau.                                  tent generally. (A) Each agreement
                                                                        (6) Private label credit card exception.               must contain the provisions of the
                                                                     (i) A card issuer is not required to sub-                 agreement and the pricing information
                                                                     mit to the Bureau a credit card agree-                    in effect as of the last business day of
                                                                     ment if, as of the last business day of                   the preceding calendar quarter.
                                                                     the calendar quarter, the agreement:                         (B) Agreements must not include any
                                                                        (A) Is offered for accounts under one                  personally identifiable information re-
                                                                     or more private label credit card plans                   lating to any cardholder, such as name,
                                                                     each of which has fewer than 10,000                       address, telephone number, or account
                                                                     open accounts; and                                        number.
                                                                        (B) Is not offered to the public other                    (C) The following are not deemed to
                                                                     than for accounts under such a plan.                      be part of the agreement for purposes
                                                                        (ii) If an agreement that previously                   of § 1026.58, and therefore are not re-
                                                                     qualified for the private label credit                    quired to be included in submissions to
                                                                     card exception ceases to qualify, the                     the Bureau:
                                                                     card issuer must submit the agreement                        (1) Disclosures required by state or
                                                                     to the Bureau no later than the first                     Federal law, such as affiliate mar-
                                                                     quarterly submission deadline after the                   keting notices, privacy policies, billing
                                                                     date as of which the agreement ceased                     rights notices, or disclosures under the
                                                                     to qualify.                                               E-Sign Act;
                                                                        (iii) If an agreement that did not pre-                   (2) Solicitation materials;
                                                                     viously qualify for the private label                        (3) Periodic statements;
                                                                     credit card exception qualifies for the                      (4) Ancillary agreements between the
                                                                     exception, the card issuer must con-                      issuer and the consumer, such as debt
                                                                     tinue to make quarterly submissions to                    cancellation contracts or debt suspen-
                                                                     the Bureau with respect to that agree-                    sion agreements;
                                                                     ment until the issuer notifies the Bu-                       (5) Offers for credit insurance or
                                                                     reau that the agreement is being with-                    other optional products and other simi-
                                                                     drawn.                                                    lar advertisements; and
                                                                        (7) Product testing exception. (i) A card                 (6) Documents that may be sent to
                                                                     issuer is not required to submit to the                   the consumer along with the credit
                                                                     Bureau a credit card agreement if, as of                  card or credit card agreement such as a
                                                                     the last business day of the calendar                     cover letter, a validation sticker on the
                                                                     quarter, the agreement:                                   card, or other information about card
                                                                        (A) Is offered as part of a product test               security.
                                                                     offered to only a limited group of con-                      (D) Agreements must be presented in
                                                                     sumers for a limited period of time;                      a clear and legible font.
                                                                        (B) Is used for fewer than 10,000 open                    (ii) Pricing information. (A) Pricing in-
                                                                     accounts; and                                             formation must be set forth in a single
                                                                        (C) Is not offered to the public other                 addendum to the agreement. The ad-
                                                                     than in connection with such a product                    dendum must contain all of the pricing
                                                                     test.                                                     information,         as      defined     by
                                                                        (ii) If an agreement that previously                   § 1026.58(b)(7). The addendum may, but
                                                                     qualified for the product testing excep-                  is not required to, contain any other




jspears on DSK121TN23PROD with CFR
                                                                     tion ceases to qualify, the card issuer                   information listed in § 1026.6(b), pro-
                                                                     must submit the agreement to the Bu-                      vided that information is complete and

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.58

                                                                     accurate as of the applicable date                        card plans, an issuer may fulfill this re-
                                                                     under § 1026.58. The addendum may not                     quirement by posting and maintaining
                                                                     contain any other information.                            the agreement in accordance with the
                                                                       (B) Pricing information that may                        requirements of this section on the
                                                                     vary from one cardholder to another                       publicly available Web site of at least
                                                                     depending on the cardholder’s credit-                     one of the merchants at which credit
                                                                     worthiness or state of residence or                       cards issued under each private label
                                                                     other factors must be disclosed either                    credit card plan with 10,000 or more
                                                                     by setting forth all the possible vari-                   open accounts may be used.
                                                                     ations (such as purchase APRs of 13                          (2) Except as provided in § 1026.58(d),
                                                                     percent, 15 percent, 17 percent, and 19                   agreements        posted    pursuant    to
                                                                     percent) or by providing a range of pos-                  § 1026.58(d) must conform to the form
                                                                     sible variations (such as purchase                        and content requirements for agree-
                                                                     APRs ranging from 13 percent to 19                        ments submitted to the Bureau speci-
                                                                     percent).                                                 fied in § 1026.58(c)(8).
                                                                       (C) If a rate included in the pricing                      (3) Agreements posted pursuant to
                                                                     information is a variable rate, the                       § 1026.58(d) may be posted in any elec-
                                                                     issuer must identify the index or for-                    tronic format that is readily usable by
                                                                     mula used in setting the rate and the                     the general public. Agreements must
                                                                     margin. Rates that may vary from one                      be placed in a location that is promi-
                                                                     cardholder to another must be dis-                        nent and readily accessible by the pub-
                                                                     closed by providing the index and the                     lic and must be accessible without sub-
                                                                     possible margins (such as the prime                       mission of personally identifiable in-
                                                                     rate plus 5 percent, 8 percent, 10 per-                   formation.
                                                                     cent, or 12 percent) or range of margins                     (4) The card issuer must update the
                                                                     (such as the prime rate plus from 5 to                    agreements posted on its Web site pur-
                                                                     12 percent). The value of the rate and                    suant to § 1026.58(d) at least as fre-
                                                                     the value of the index are not required                   quently as the quarterly schedule re-
                                                                     to be disclosed.                                          quired for submission of agreements to
                                                                       (iii) Optional variable terms addendum.                 the Bureau under § 1026.58(c). If the
                                                                     Provisions of the agreement other than                    issuer chooses to update the agree-
                                                                     the pricing information that may vary                     ments on its Web site more frequently,
                                                                     from one cardholder to another depend-                    the agreements posted on the issuer’s
                                                                     ing on the cardholder’s creditworthi-                     Web site may contain the provisions of
                                                                     ness or state of residence or other fac-                  the agreement and the pricing informa-
                                                                     tors may be set forth in a single adden-                  tion in effect as of a date other than
                                                                     dum to the agreement separate from                        the last business day of the preceding
                                                                     the pricing information addendum.                         calendar quarter.
                                                                       (iv) Integrated agreement. Issuers may                     (e) Agreements for all open accounts—
                                                                     not provide provisions of the agree-                      (1) Availability of individual cardholder’s
                                                                     ment or pricing information in the                        agreement. With respect to any open
                                                                     form of change-in-terms notices or rid-                   credit card account, a card issuer must
                                                                     ers (other than the pricing information                   either:
                                                                     addendum and the optional variable                           (i) Post and maintain the card-
                                                                     terms addendum). Changes in provi-                        holder’s agreement on its Web site; or
                                                                     sions or pricing information must be                         (ii) Promptly provide a copy of the
                                                                     integrated into the text of the agree-                    cardholder’s agreement to the card-
                                                                     ment, the pricing information adden-                      holder upon the cardholder’s request. If
                                                                     dum or the optional variable terms ad-                    the card issuer makes an agreement
                                                                     dendum, as appropriate.                                   available upon request, the issuer must
                                                                       (d) Posting of agreements offered to the                provide the cardholder with the ability
                                                                     public. (1) Except as provided below, a                   to request a copy of the agreement
                                                                     card issuer must post and maintain on                     both by using the issuer’s Web site
                                                                     its publicly available Web site the                       (such as by clicking on a clearly identi-
                                                                     credit card agreements that the issuer                    fied box to make the request) and by
                                                                     is required to submit to the Bureau                       calling a readily available telephone
                                                                     under § 1026.58(c). With respect to an                    line the number for which is displayed




jspears on DSK121TN23PROD with CFR
                                                                     agreement offered solely for accounts                     on the issuer’s Web site and clearly
                                                                     under one or more private label credit                    identified as to purpose. The card

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                                                                     § 1026.59                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     issuer must send to the cardholder or                        (iv) Agreements posted or otherwise
                                                                     otherwise make available to the card-                     provided pursuant to § 1026.58(e) must
                                                                     holder a copy of the cardholder’s agree-                  set forth the specific provisions and
                                                                     ment in electronic or paper form no                       pricing information applicable to the
                                                                     later than 30 days after the issuer re-                   particular cardholder. Provisions and
                                                                     ceives the cardholder’s request.                          pricing information must be complete
                                                                        (2) Special rule for issuers without                   and accurate as of a date no more than
                                                                     interactive Web sites. An issuer that does                60 days prior to:
                                                                     not maintain a Web site from which                           (A) The date on which the agreement
                                                                     cardholders can access specific infor-                    is posted on the card issuer’s Web site
                                                                     mation about their individual ac-                         under § 1026.58(e)(1)(i); or
                                                                     counts, instead of complying with                            (B) The date the cardholder’s request
                                                                     § 1026.58(e)(1), may make agreements                      is received under § 1026.58(e)(1)(ii) or
                                                                     available upon request by providing the                   (e)(2).
                                                                     cardholder with the ability to request a                     (v) Agreements provided upon card-
                                                                     copy of the agreement by calling a                        holder        request      pursuant      to
                                                                     readily available telephone line, the                     § 1026.58(e)(1)(ii) or (e)(2) may be pro-
                                                                     number for which is displayed on the                      vided by the issuer in either electronic
                                                                     issuer’s Web site and clearly identified                  or paper form, regardless of the form of
                                                                     as to purpose or included on each peri-                   the cardholder’s request.
                                                                     odic statement sent to the cardholder                        (f) E-Sign Act requirements. Card
                                                                     and clearly identified as to purpose.                     issuers may provide credit card agree-
                                                                     The issuer must send to the cardholder                    ments in electronic form under
                                                                     or otherwise make available to the                        § 1026.58(d) and (e) without regard to
                                                                     cardholder a copy of the cardholder’s                     the consumer notice and consent re-
                                                                     agreement in electronic or paper form                     quirements of section 101(c) of the
                                                                     no later than 30 days after the issuer                    Electronic Signatures in Global and
                                                                     receives the cardholder’s request.                        National Commerce Act (E-Sign Act)
                                                                        (3) Form and content of agreements. (i)                (15 U.S.C. 7001 et seq.).
                                                                     Except as provided in § 1026.58(e), agree-
                                                                                                                                  (g) Temporary suspension of agreement
                                                                     ments posted on the card issuer’s Web
                                                                                                                               submission requirement—(1) Quarterly
                                                                     site pursuant to § 1026.58(e)(1)(i) or
                                                                                                                               submissions. The quarterly submission
                                                                     made available upon the cardholder’s
                                                                                                                               requirement in paragraph (c) of this
                                                                     request pursuant to § 1026.58(e)(1)(ii) or
                                                                                                                               section is suspended for the submis-
                                                                     (e)(2) must conform to the form and
                                                                                                                               sions that would otherwise be due to
                                                                     content requirements for agreements
                                                                                                                               the Bureau by the first business day on
                                                                     submitted to the Bureau specified in
                                                                                                                               or after April 30, 2015; July 31, 2015; Oc-
                                                                     § 1026.58(c)(8).
                                                                                                                               tober 31, 2015; and January 31, 2016.
                                                                        (ii) If the card issuer posts an agree-
                                                                                                                                  (2) Posting of agreements offered to the
                                                                     ment on its Web site or otherwise pro-
                                                                                                                               public. Nothing in paragraph (g)(1) of
                                                                     vides an agreement to a cardholder
                                                                                                                               this section shall affect the agreement
                                                                     electronically under § 1026.58(e), the
                                                                                                                               posting requirements in paragraph (d)
                                                                     agreement may be posted or provided
                                                                     in any electronic format that is readily                  of this section.
                                                                     usable by the general public and must                     [76 FR 79772, Dec. 22, 2011, as amended at 80
                                                                     be placed in a location that is promi-                    FR 21158, Apr. 17, 2015; 89 FR 19202, Mar. 15,
                                                                     nent and readily accessible to the card-                  2024]
                                                                     holder.
                                                                        (iii) Agreements posted or otherwise                   § 1026.59 Reevaluation            of      rate   in-
                                                                                                                                   creases.
                                                                     provided pursuant to § 1026.58(e) may
                                                                     contain personally identifiable infor-                      (a) General rule—(1) Evaluation of in-
                                                                     mation relating to the cardholder, such                   creased rate. If a card issuer increases
                                                                     as name, address, telephone number, or                    an annual percentage rate that applies
                                                                     account number, provided that the                         to a credit card account under an open-
                                                                     issuer takes appropriate measures to                      end (not home-secured) consumer cred-
                                                                     make the agreement accessible only to                     it plan, based on the credit risk of the




jspears on DSK121TN23PROD with CFR
                                                                     the cardholder or other authorized per-                   consumer, market conditions, or other
                                                                     sons.                                                     factors, or increased such a rate on or

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.59

                                                                     after January 1, 2009, and 45 days’ ad-                   conducting the first two reviews re-
                                                                     vance notice of the rate increase is re-                  quired under paragraph (a) of this sec-
                                                                     quired pursuant to § 1026.9(c)(2) or (g),                 tion, unless the rate increase subject to
                                                                     the card issuer must:                                     paragraph (a) of this section was based
                                                                       (i) Evaluate the factors described in                   solely upon factors specific to the con-
                                                                     paragraph (d) of this section; and                        sumer, such as a decline in the con-
                                                                       (ii) Based on its review of such fac-                   sumer’s credit risk, the consumer’s de-
                                                                     tors, reduce the annual percentage rate                   linquency or default, or a violation of
                                                                     applicable to the consumer’s account,                     the terms of the account.
                                                                     as appropriate.                                              (e) Rate increases due to delinquency. If
                                                                       (2) Rate reductions—(i) Timing. If a                    an issuer increases a rate applicable to
                                                                     card issuer is required to reduce the                     a consumer’s account pursuant to
                                                                     rate applicable to an account pursuant                    § 1026.55(b)(4) based on the card issuer
                                                                     to paragraph (a)(1) of this section, the                  not receiving the consumer’s required
                                                                     card issuer must reduce the rate not                      minimum periodic payment within 60
                                                                     later than 45 days after completion of                    days after the due date, the issuer is
                                                                     the evaluation described in paragraph                     not required to perform the review de-
                                                                     (a)(1).                                                   scribed in paragraph (a) of this section
                                                                       (ii) Applicability of rate reduction. Any               prior to the sixth payment due date
                                                                     reduction in an annual percentage rate                    after the effective date of the increase.
                                                                     required pursuant to paragraph (a)(1) of                  However, if the annual percentage rate
                                                                     this section shall apply to:                              applicable to the consumer’s account is
                                                                       (A) Any outstanding balances to                         not        reduced        pursuant       to
                                                                     which the increased rate described in                     § 1026.55(b)(4)(ii), the card issuer must
                                                                     paragraph (a)(1) of this section has                      perform the review described in para-
                                                                     been applied; and                                         graph (a) of this section. The first such
                                                                       (B) New transactions that occur after                   review must occur no later than six
                                                                     the effective date of the rate reduction                  months after the sixth payment due
                                                                     that would otherwise have been subject                    following the effective date of the rate
                                                                     to the increased rate.                                    increase.
                                                                       (b) Policies and procedures. A card
                                                                                                                                  (f) Termination of obligation to review
                                                                     issuer must have reasonable written
                                                                                                                               factors. The obligation to review fac-
                                                                     policies and procedures in place to con-
                                                                                                                               tors described in paragraph (a) and (d)
                                                                     duct the review described in paragraph
                                                                                                                               of this section ceases to apply:
                                                                     (a) of this section.
                                                                       (c) Timing. A card issuer that is sub-                     (1) If the issuer reduces the annual
                                                                     ject to paragraph (a) of this section                     percentage rate applicable to a credit
                                                                     must conduct the review described in                      card account under an open-end (not
                                                                     paragraph (a)(1) of this section not less                 home-secured) consumer credit plan to
                                                                     frequently than once every six months                     the rate applicable immediately prior
                                                                     after the rate increase.                                  to the increase, or, if the rate applica-
                                                                       (d) Factors—(1) In general. Except as                   ble immediately prior to the increase
                                                                     provided in paragraph (d)(2) of this sec-                 was a variable rate, to a variable rate
                                                                     tion, a card issuer must review either:                   determined by the same formula (index
                                                                       (i) The factors on which the increase                   and margin) that was used to calculate
                                                                     in an annual percentage rate was origi-                   the rate applicable immediately prior
                                                                     nally based; or                                           to the increase; or
                                                                       (ii) The factors that the card issuer                      (2) If the issuer reduces the annual
                                                                     currently considers when determining                      percentage rate to a rate that is lower
                                                                     the annual percentage rates applicable                    than the rate described in paragraph
                                                                     to similar new credit card accounts                       (f)(1) of this section.
                                                                     under an open-end (not home-secured)                         (3) Effective April 1, 2022, in the case
                                                                     consumer credit plan.                                     where the rate applicable immediately
                                                                       (2) Rate increases imposed between Jan-                 prior to the increase was a variable
                                                                     uary 1, 2009 and February 21, 2010. For                   rate with a formula based on a LIBOR
                                                                     rate increases imposed between Janu-                      index, the card issuer reduces the an-
                                                                     ary 1, 2009 and February 21, 2010, an                     nual percentage rate to a rate deter-




jspears on DSK121TN23PROD with CFR
                                                                     issuer must consider the factors de-                      mined by a replacement formula that
                                                                     scribed in paragraph (d)(1)(ii) when                      is derived from a replacement index

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                                                                     § 1026.60                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     value on October 18, 2021, plus replace-                    (ii) Except as provided in paragraph
                                                                     ment margin that is equal to the                          (g)(2)(iii) of this section, the card
                                                                     LIBOR index value on October 18, 2021,                    issuer is not required to conduct re-
                                                                     plus the margin used to calculate the                     views in accordance with paragraph (a)
                                                                     rate immediately prior to the increase                    of this section for any rate increases
                                                                     (previous formula). A card issuer must                    made prior to the card issuer’s acquisi-
                                                                     satisfy the conditions set forth in                       tion of such accounts.
                                                                     § 1026.55(b)(7)(ii) for selecting a replace-                (iii) If as a result of the card issuer’s
                                                                     ment index. If the replacement index is                   review, an account is subject to, or
                                                                     not published on October 18, 2021, the                    continues to be subject to, an increased
                                                                     card issuer generally must use the val-                   rate as a penalty, or due to the con-
                                                                     ues of the indices on the next calendar                   sumer’s delinquency or default, the re-
                                                                     day for which both the LIBOR index                        quirements of paragraph (a) of this sec-
                                                                     and the replacement index are pub-                        tion apply.
                                                                     lished as the index values to use to de-                    (h) Exceptions—(1) Servicemembers Civil
                                                                     termine the replacement formula. The                      Relief Act exception. The requirements
                                                                     one exception is that if the replace-                     of this section do not apply to in-
                                                                     ment index is the Board-selected                          creases in an annual percentage rate
                                                                     benchmark replacement for consumer                        that was previously decreased pursuant
                                                                     loans to replace the 1-month, 3-month,                    to 50 U.S.C. app. 527, provided that such
                                                                     6-month, or 12-month U.S. Dollar                          a rate increase is made in accordance
                                                                     LIBOR index, the card issuer must use                     with § 1026.55(b)(6).
                                                                     the index value on June 30, 2023, for the                   (2) Charged off accounts. The require-
                                                                     LIBOR index and, for the Board-se-                        ments of this section do not apply to
                                                                     lected benchmark replacement for con-                     accounts that the card issuer has
                                                                     sumer loans, must use the index value                     charged off in accordance with loan-
                                                                     on the first date that index is pub-                      loss provisions.
                                                                     lished, as the index values to use to de-                   (3) Transition from LIBOR. The re-
                                                                     termine the replacement formula.                          quirements of this section do not apply
                                                                        (g) Acquired accounts—(1) General. Ex-                 to increases in an annual percentage
                                                                     cept as provided in paragraph (g)(2) of                   rate that occur as a result of the tran-
                                                                     this section, this section applies to                     sition from the use of a LIBOR index as
                                                                     credit card accounts that have been ac-                   the index in setting a variable rate to
                                                                     quired by the card issuer from another                    the use of a replacement index in set-
                                                                     card issuer. A card issuer that complies                  ting a variable rate if the change from
                                                                     with this section by reviewing the fac-                   the use of the LIBOR index to a re-
                                                                     tors described in paragraph (d)(1)(i)                     placement index occurs in accordance
                                                                     must review the factors considered by                     with § 1026.55(b)(7)(i) or (ii).
                                                                     the card issuer from which it acquired                    [76 FR 79772, Dec. 22, 2011, as amended at 86
                                                                     the accounts in connection with the                       FR 69782, Dec. 8, 2021; 88 FR 30623, May 11,
                                                                     rate increase.                                            2023]
                                                                        (2) Review of acquired portfolio. If, not
                                                                     later than six months after the acquisi-                  § 1026.60 Credit and charge card appli-
                                                                     tion of such accounts, a card issuer re-                      cations and solicitations.
                                                                     views all of the credit card accounts it                    (a) General rules. The card issuer shall
                                                                     acquires in accordance with the factors                   provide the disclosures required under
                                                                     that it currently considers in deter-                     this section on or with a solicitation or
                                                                     mining the rates applicable to its simi-                  an application to open a credit or
                                                                     lar new credit card accounts:                             charge card account.
                                                                        (i) Except as provided in paragraph                      (1) Definition of solicitation. For pur-
                                                                     (g)(2)(iii), the card issuer is required to               poses of this section, the term solicita-
                                                                     conduct reviews described in paragraph                    tion means an offer by the card issuer
                                                                     (a) of this section only for rate in-                     to open a credit or charge card account
                                                                     creases that are imposed as a result of                   that does not require the consumer to
                                                                     its review under this paragraph. See                      complete an application. A ‘‘firm offer
                                                                     §§ 1026.9 and 1026.55 for additional re-                  of credit’’ as defined in section 603(l) of




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                                                                     quirements regarding rate increases on                    the Fair Credit Reporting Act (15
                                                                     acquired accounts.                                        U.S.C. 1681a(l)) for a credit or charge

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.60

                                                                     card is a solicitation for purposes of                       (B) If the table described in para-
                                                                     this section.                                             graph (a)(2)(i) of this section is pro-
                                                                        (2) Form of disclosures; tabular format.               vided electronically, it must be pro-
                                                                     (i) The disclosures in paragraphs (b)(1)                  vided in close proximity to the applica-
                                                                     through (5) (except for (b)(1)(iv)(B)) and                tion or solicitation.
                                                                     (b)(7) through (15) of this section made                     (3) Fees based on a percentage. If the
                                                                     pursuant to paragraph (c), (d)(2), (e)(1)                 amount of any fee required to be dis-
                                                                     or (f) of this section generally shall be                 closed under this section is determined
                                                                     in the form of a table with headings,                     on the basis of a percentage of another
                                                                     content, and format substantially simi-                   amount, the percentage used and the
                                                                     lar to any of the applicable tables                       identification of the amount against
                                                                     found in G–10 in appendix G to this                       which the percentage is applied may be
                                                                     part.                                                     disclosed instead of the amount of the
                                                                        (ii) The table described in paragraph                  fee.
                                                                     (a)(2)(i) of this section shall contain                      (4) Fees that vary by state. Card
                                                                     only the information required or per-                     issuers that impose fees referred to in
                                                                     mitted by this section. Other informa-                    paragraphs (b)(8) through (12) of this
                                                                     tion may be presented on or with an                       section that vary by state may, at the
                                                                     application or solicitation, provided                     issuer’s option, disclose in the table re-
                                                                     such information appears outside the                      quired by paragraph (a)(2)(i) of this sec-
                                                                     required table.                                           tion: The specific fee applicable to the
                                                                        (iii) Disclosures required by para-                    consumer’s account; or the range of the
                                                                     graphs (b)(1)(iv)(B), (b)(1)(iv)(C) and                   fees, if the disclosure includes a state-
                                                                     (b)(6) of this section must be placed di-                 ment that the amount of the fee varies
                                                                     rectly beneath the table.                                 by state and refers the consumer to a
                                                                        (iv) When a tabular format is re-                      disclosure provided with the table
                                                                     quired, any annual percentage rate re-                    where the amount of the fee applicable
                                                                     quired to be disclosed pursuant to para-                  to the consumer’s account is disclosed.
                                                                     graph (b)(1) of this section, any intro-                  A card issuer may not list fees for mul-
                                                                     ductory rate required to be disclosed                     tiple states in the table.
                                                                     pursuant to paragraph (b)(1)(ii) of this                     (5) Exceptions. This section does not
                                                                     section, any rate that will apply after                   apply to:
                                                                     a premium initial rate expires required                      (i) Home-equity plans accessible by a
                                                                     to be disclosed under paragraph                           credit or charge card that are subject
                                                                     (b)(1)(iii) of this section, and any fee or               to the requirements of § 1026.40;
                                                                     percentage amounts or maximum lim-                           (ii) Overdraft lines of credit tied to
                                                                     its on fee amounts disclosed pursuant                     asset accounts accessed by check-guar-
                                                                     to paragraphs (b)(2), (b)(4), (b)(8)                      antee cards or by debit cards;
                                                                     through (b)(13) of this section must be                      (iii) Lines of credit accessed by
                                                                     disclosed in bold text. However, bold                     check-guarantee cards or by debit
                                                                     text shall not be used for: The amount                    cards that can be used only at auto-
                                                                     of any periodic fee disclosed pursuant                    mated teller machines;
                                                                     to paragraph (b)(2) of this section that                     (iv) Lines of credit accessed solely by
                                                                     is not an annualized amount; and other                    account numbers except for a covered
                                                                     annual percentage rates or fee amounts                    separate credit feature solely acces-
                                                                     disclosed in the table.                                   sible by an account number that is a
                                                                        (v) For an application or a solicita-                  hybrid prepaid-credit card as defined in
                                                                     tion that is accessed by the consumer                     § 1026.61;
                                                                     in electronic form, the disclosures re-                      (v) Additions of a credit or charge
                                                                     quired under this section may be pro-                     card to an existing open-end plan;
                                                                     vided to the consumer in electronic                          (vi) General purpose applications un-
                                                                     form on or with the application or so-                    less the application, or material ac-
                                                                     licitation.                                               companying it, indicates that it can be
                                                                        (vi)(A) Except as provided in para-                    used to open a credit or charge card ac-
                                                                     graph (a)(2)(vi)(B) of this section, the                  count; or
                                                                     table described in paragraph (a)(2)(i) of                    (vii) Consumer-initiated requests for
                                                                     this section must be provided in a                        applications.




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                                                                     prominent location on or with an appli-                      (b) Required disclosures. The card
                                                                     cation or a solicitation.                                 issuer shall disclose the items in this

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                                                                     § 1026.60                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     paragraph on or with an application or                    immediate proximity to the introduc-
                                                                     a solicitation in accordance with the                     tory rate. The card issuer also must
                                                                     requirements of paragraphs (c), (d),                      disclose the rate that would otherwise
                                                                     (e)(1), or (f) of this section. A credit                  apply to the account pursuant to para-
                                                                     card issuer shall disclose all applicable                 graph (b)(1) of this section. Where the
                                                                     items in this paragraph except for                        rate is not tied to an index or formula,
                                                                     paragraph (b)(7) of this section. A                       the card issuer must disclose the rate
                                                                     charge card issuer shall disclose the ap-                 that will apply after the introductory
                                                                     plicable items in paragraphs (b)(2), (4),                 rate expires. In a variable-rate ac-
                                                                     (7) through (12), and (15) of this section.               count, the card issuer must disclose a
                                                                     With respect to a covered separate                        rate based on the applicable index or
                                                                     credit feature that is a charge card ac-                  formula in accordance with the accu-
                                                                     count accessible by a hybrid prepaid-                     racy requirements set forth in para-
                                                                     credit card as defined in § 1026.61, a                    graphs (c)(2), (d)(3), or (e)(4) of this sec-
                                                                     charge card issuer also shall disclose
                                                                                                                               tion, as applicable.
                                                                     the applicable items in paragraphs
                                                                                                                                 (iii) Premium initial rate. If the initial
                                                                     (b)(3), (13), and (14) of this section.
                                                                       (1) Annual percentage rate. Each peri-                  rate is temporary and is higher than
                                                                     odic rate that may be used to compute                     the rate that will apply after the tem-
                                                                     the finance charge on an outstanding                      porary rate expires, the card issuer
                                                                     balance for purchases, a cash advance,                    must disclose the premium initial rate
                                                                     or a balance transfer, expressed as an                    pursuant to paragraph (b)(1) of this sec-
                                                                     annual percentage rate (as determined                     tion and the time period during which
                                                                     by § 1026.14(b)). When more than one                      the premium initial rate will remain in
                                                                     rate applies for a category of trans-                     effect. Consistent with paragraph (b)(1)
                                                                     actions, the range of balances to which                   of this section, the premium initial
                                                                     each rate is applicable shall also be dis-                rate for purchases must be in at least
                                                                     closed. The annual percentage rate for                    16-point type. The issuer must also dis-
                                                                     purchases disclosed pursuant to this                      close in the table the rate that will
                                                                     paragraph shall be in at least 16-point                   apply after the premium initial rate
                                                                     type, except for the following: Oral dis-                 expires, in at least 16-point type.
                                                                     closures of the annual percentage rate                      (iv) Penalty rates—(A) In general. Ex-
                                                                     for purchases; or a penalty rate that                     cept     as   provided      in    paragraph
                                                                     may apply upon the occurrence of one                      (b)(1)(iv)(B) and (C) of this section, if a
                                                                     or more specific events.                                  rate may increase as a penalty for one
                                                                       (i) Variable rate information. If a rate                or more events specified in the account
                                                                     disclosed under paragraph (b)(1) of this                  agreement, such as a late payment or
                                                                     section is a variable rate, the card                      an extension of credit that exceeds the
                                                                     issuer shall also disclose the fact that                  credit limit, the card issuer must dis-
                                                                     the rate may vary and how the rate is                     close pursuant to this paragraph (b)(1)
                                                                     determined. In describing how the ap-                     the increased rate that may apply, a
                                                                     plicable rate will be determined, the
                                                                                                                               brief description of the event or events
                                                                     card issuer must identify the type of
                                                                                                                               that may result in the increased rate,
                                                                     index or formula that is used in setting
                                                                                                                               and a brief description of how long the
                                                                     the rate. The value of the index and the
                                                                                                                               increased rate will remain in effect.
                                                                     amount of the margin that are used to
                                                                     calculate the variable rate shall not be                    (B) Introductory rates. If the issuer
                                                                     disclosed in the table. A disclosure of                   discloses an introductory rate, as that
                                                                     any applicable limitations on rate in-                    term is defined in § 1026.16(g)(2)(ii), in
                                                                     creases shall not be included in the                      the table or in any written or elec-
                                                                     table.                                                    tronic promotional materials accom-
                                                                       (ii) Discounted initial rate. If the ini-               panying applications or solicitations
                                                                     tial rate is an introductory rate, as                     subject to paragraph (c) or (e) of this
                                                                     that term is defined in § 1026.16(g)(2)(ii),              section, the issuer must briefly disclose
                                                                     the card issuer must disclose in the                      directly beneath the table the cir-
                                                                     table the introductory rate, the time                     cumstances, if any, under which the in-
                                                                     period during which the introductory                      troductory rate may be revoked, and




jspears on DSK121TN23PROD with CFR
                                                                     rate will remain in effect, and must use                  the type of rate that will apply after
                                                                     the term ‘‘introductory’’ or ‘‘intro’’ in                 the introductory rate is revoked.

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.60

                                                                       (C) Employee preferential rates. If a                   will be imposed; and the annualized
                                                                     card issuer discloses in the table a pref-                amount of the fee.
                                                                     erential annual percentage rate for                         (ii) Any non-periodic fee that relates
                                                                     which only employees of the card                          to opening an account. A card issuer
                                                                     issuer, employees of a third party, or                    must disclose that the fee is a one-time
                                                                     other individuals with similar affili-                    fee.
                                                                     ations with the card issuer or third                        (3) Fixed finance charge; minimum in-
                                                                     party, such as executive officers, direc-                 terest charge. Any fixed finance charge
                                                                     tors, or principal shareholders are eli-                  and a brief description of the charge.
                                                                     gible, the card issuer must briefly dis-                  Any minimum interest charge if it ex-
                                                                     close directly beneath the table the                      ceeds $1.00 that could be imposed dur-
                                                                     circumstances under which such pref-                      ing a billing cycle, and a brief descrip-
                                                                     erential rate may be revoked, and the                     tion of the charge. The $1.00 threshold
                                                                     rate that will apply after such pref-                     amount shall be adjusted periodically
                                                                     erential rate is revoked.                                 by the Bureau to reflect changes in the
                                                                       (v) Rates that depend on consumer’s                     Consumer Price Index. The Bureau
                                                                     creditworthiness. If a rate cannot be de-                 shall calculate each year a price level
                                                                     termined at the time disclosures are                      adjusted minimum interest charge
                                                                     given because the rate depends, at least                  using the Consumer Price Index in ef-
                                                                     in part, on a later determination of the                  fect on June 1 of that year. When the
                                                                     consumer’s creditworthiness, the card                     cumulative change in the adjusted
                                                                     issuer must disclose the specific rates                   minimum value derived from applying
                                                                                                                               the annual Consumer Price level to the
                                                                     or the range of rates that could apply
                                                                                                                               current minimum interest charge
                                                                     and a statement that the rate for
                                                                                                                               threshold has risen by a whole dollar,
                                                                     which the consumer may qualify at ac-
                                                                                                                               the minimum interest charge will be
                                                                     count opening will depend on the con-
                                                                                                                               increased by $1.00. The issuer may, at
                                                                     sumer’s creditworthiness, and other
                                                                                                                               its option, disclose in the table min-
                                                                     factors if applicable. If the rate that
                                                                                                                               imum interest charges below this
                                                                     depends, at least in part, on a later de-
                                                                                                                               threshold.
                                                                     termination of the consumer’s credit-
                                                                                                                                 (4) Transaction charges. Any trans-
                                                                     worthiness is a penalty rate, as de-
                                                                                                                               action charge imposed by the card
                                                                     scribed in paragraph (b)(1)(iv) of this
                                                                                                                               issuer for the use of the card for pur-
                                                                     section, the card issuer at its option                    chases.
                                                                     may disclose the highest rate that                          (5) Grace period. The date by which or
                                                                     could apply, instead of disclosing the                    the period within which any credit ex-
                                                                     specific rates or the range of rates that                 tended for purchases may be repaid
                                                                     could apply.                                              without incurring a finance charge due
                                                                       (vi) APRs that vary by state. Issuers                   to a periodic interest rate and any con-
                                                                     imposing annual percentage rates that                     ditions on the availability of the grace
                                                                     vary by state may, at the issuer’s op-                    period. If no grace period is provided,
                                                                     tion, disclose in the table: the specific                 that fact must be disclosed. If the
                                                                     annual percentage rate applicable to                      length of the grace period varies, the
                                                                     the consumer’s account; or the range of                   card issuer may disclose the range of
                                                                     the annual percentage rates, if the dis-                  days, the minimum number of days, or
                                                                     closure includes a statement that the                     the average number of days in the
                                                                     annual percentage rate varies by state                    grace period, if the disclosure is identi-
                                                                     and refers the consumer to a disclosure                   fied as a range, minimum, or average.
                                                                     provided with the table where the an-                     In disclosing in the tabular format a
                                                                     nual percentage rate applicable to the                    grace period that applies to all types of
                                                                     consumer’s account is disclosed. A card                   purchases, the phrase ‘‘How to Avoid
                                                                     issuer may not list annual percentage                     Paying Interest on Purchases’’ shall be
                                                                     rates for multiple states in the table.                   used as the heading for the row describ-
                                                                       (2) Fees for issuance or availability. (i)              ing the grace period. If a grace period
                                                                     Any annual or other periodic fee that                     is not offered on all types of purchases,
                                                                     may be imposed for the issuance or                        in disclosing this fact in the tabular
                                                                     availability of a credit or charge card,                  format, the phrase ‘‘Paying Interest’’




jspears on DSK121TN23PROD with CFR
                                                                     including any fee based on account ac-                    shall be used as the heading for the row
                                                                     tivity or inactivity; how frequently it                   describing this fact.

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                                                                     § 1026.60                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                       (6) Balance computation method. The                     issuer must only consider fees for
                                                                     name of the balance computation                           issuance or availability of credit, or a
                                                                     method listed in paragraph (g) of this                    security deposit, that are required. If
                                                                     section that is used to determine the                     fees for issuance or availability are op-
                                                                     balance for purchases on which the fi-                    tional, these fees should not be consid-
                                                                     nance charge is computed, or an expla-                    ered in determining whether the disclo-
                                                                     nation of the method used if it is not                    sure must be given. Nonetheless, if the
                                                                     listed. In determining which balance                      15 percent threshold test is met, the
                                                                     computation method to disclose, the                       issuer in providing the disclosure must
                                                                     card issuer shall assume that credit ex-                  disclose the amount of available credit
                                                                     tended for purchases will not be repaid                   calculated by excluding those optional
                                                                     within the grace period, if any.                          fees, and the available credit including
                                                                       (7) Statement on charge card payments.                  those optional fees. This paragraph
                                                                     A statement that charges incurred by                      does not apply with respect to fees or
                                                                     use of the charge card are due when the                   security deposits that are not debited
                                                                     periodic statement is received.                           to the account.
                                                                       (8) Cash advance fee. Any fee imposed                     (15) Web site reference. A reference to
                                                                     for an extension of credit in the form of                 the Web site established by the Bureau
                                                                     cash or its equivalent.                                   and a statement that consumers may
                                                                       (9) Late payment fee. Any fee imposed                   obtain on the Web site information
                                                                     for a late payment.                                       about shopping for and using credit
                                                                       (10) Over-the-limit fee. Any fee im-                    cards. Until January 1, 2013, issuers
                                                                     posed for exceeding a credit limit.                       may substitute for this reference a ref-
                                                                       (11) Balance transfer fee. Any fee im-                  erence to the Web site established by
                                                                     posed to transfer an outstanding bal-                     the Board of Governors of the Federal
                                                                     ance.                                                     Reserve System.
                                                                       (12) Returned-payment fee. Any fee im-                    (c) Direct mail and electronic applica-
                                                                     posed by the card issuer for a returned                   tions and solicitations—(1) General. The
                                                                     payment.                                                  card issuer shall disclose the applicable
                                                                       (13) Required insurance, debt cancella-                 items in paragraph (b) of this section
                                                                     tion or debt suspension coverage. (i) A fee               on or with an application or solicita-
                                                                     for insurance described in § 1026.4(b)(7)                 tion that is mailed to consumers or
                                                                     or debt cancellation or suspension cov-                   provided to consumers in electronic
                                                                     erage described in § 1026.4(b)(10), if the                form.
                                                                     insurance or debt cancellation or sus-                      (2) Accuracy. (i) Disclosures in direct
                                                                     pension coverage is required as part of                   mail applications and solicitations
                                                                     the plan; and                                             must be accurate as of the time the
                                                                       (ii) A cross reference to any addi-                     disclosures are mailed. An accurate
                                                                     tional information provided about the                     variable annual percentage rate is one
                                                                     insurance or coverage accompanying                        in effect within 60 days before mailing.
                                                                     the application or solicitation, as ap-                     (ii) Disclosures provided in electronic
                                                                     plicable.                                                 form must be accurate as of the time
                                                                       (14) Available credit. If a card issuer                 they are sent, in the case of disclosures
                                                                     requires fees for the issuance or avail-                  sent to a consumer’s email address, or
                                                                     ability of credit described in paragraph                  as of the time they are viewed by the
                                                                     (b)(2) of this section, or requires a secu-               public, in the case of disclosures made
                                                                     rity deposit for such credit, and the                     available at a location such as a card
                                                                     total amount of those required fees                       issuer’s Web site. An accurate variable
                                                                     and/or security deposit that will be im-                  annual percentage rate provided in
                                                                     posed and charged to the account when                     electronic form is one in effect within
                                                                     the account is opened is 15 percent or                    30 days before it is sent to a consumer’s
                                                                     more of the minimum credit limit for                      email address, or viewed by the public,
                                                                     the card, a card issuer must disclose                     as applicable.
                                                                     the available credit remaining after                        (d) Telephone applications and solicita-
                                                                     these fees or security deposit are deb-                   tions—(1) Oral disclosure. The card
                                                                     ited to the account, assuming that the                    issuer shall disclose orally the infor-
                                                                     consumer receives the minimum credit                      mation in paragraphs (b)(1) through (7)




jspears on DSK121TN23PROD with CFR
                                                                     limit. In determining whether the 15                      and (b)(14) of this section, to the extent
                                                                     percent threshold test is met, the                        applicable, in a telephone application

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.60

                                                                     or solicitation initiated by the card                       (i) The applicable information in
                                                                     issuer.                                                   paragraph (b) of this section;
                                                                       (2) Alternative disclosure. The oral dis-                 (ii) The date the required informa-
                                                                     closure under paragraph (d)(1) of this                    tion was printed, including a statement
                                                                     section need not be given if the card                     that the required information was ac-
                                                                     issuer either:                                            curate as of that date and is subject to
                                                                       (i)(A) Does not impose a fee described                  change after that date; and
                                                                     in paragraph (b)(2) of this section; or                     (iii) A statement that the consumer
                                                                       (B) Imposes such a fee but provides                     should contact the card issuer for any
                                                                     the consumer with a right to reject the                   change in the required information
                                                                     plan consistent with § 1026.5(b)(1)(iv);                  since it was printed, and a toll-free
                                                                     and                                                       telephone number or a mailing address
                                                                       (ii) The card issuer discloses in writ-                 for that purpose.
                                                                     ing within 30 days after the consumer                       (2) No disclosure of credit information.
                                                                     requests the card (but in no event later                  If none of the items in paragraph (b) of
                                                                     than the delivery of the card) the fol-                   this section is provided on or with the
                                                                     lowing:                                                   application or solicitation, the card
                                                                       (A) The applicable information in                       issuer may state in a prominent loca-
                                                                     paragraph (b) of this section; and                        tion on the application or solicitation
                                                                       (B) As applicable, the fact that the                    the following:
                                                                     consumer has the right to reject the                        (i) There are costs associated with
                                                                     plan and not be obligated to pay fees                     the use of the card; and
                                                                     described in paragraph (b)(2) or any                        (ii) The consumer may contact the
                                                                     other fees or charges until the con-                      card issuer to request specific informa-
                                                                     sumer has used the account or made a                      tion about the costs, along with a toll-
                                                                     payment on the account after receiving                    free telephone number and a mailing
                                                                     a billing statement.                                      address for that purpose.
                                                                       (3) Accuracy. (i) The oral disclosures                    (3) Prompt response to requests for in-
                                                                     under paragraph (d)(1) of this section                    formation. Upon receiving a request for
                                                                     must be accurate as of the time they                      any of the information referred to in
                                                                     are given.                                                this paragraph, the card issuer shall
                                                                       (ii) The alternative disclosures under                  promptly and fully disclose the infor-
                                                                     paragraph (d)(2) of this section gen-                     mation requested.
                                                                     erally must be accurate as of the time                      (4) Accuracy. The disclosures given
                                                                     they are mailed or delivered. A vari-                     pursuant to paragraph (e)(1) of this sec-
                                                                     able annual percentage rate is one that                   tion must be accurate as of the date of
                                                                     is accurate if it was:                                    printing. A variable annual percentage
                                                                       (A) In effect at the time the disclo-                   rate is accurate if it was in effect with-
                                                                     sures are mailed or delivered; or                         in 30 days before printing.
                                                                       (B) In effect as of a specified date                      (f) In-person applications and solicita-
                                                                     (which rate is then updated from time                     tions. A card issuer shall disclose the
                                                                     to time, but no less frequently than                      information in paragraph (b) of this
                                                                     each calendar month).                                     section, to the extent applicable, on or
                                                                       (e) Applications and solicitations made                 with an application or solicitation that
                                                                     available to general public. The card                     is initiated by the card issuer and
                                                                     issuer shall provide disclosures, to the                  given to the consumer in person. A
                                                                     extent applicable, on or with an appli-                   card issuer complies with the require-
                                                                     cation or solicitation that is made                       ments of this paragraph if the issuer
                                                                     available to the general public, includ-                  provides disclosures in accordance with
                                                                     ing one contained in a catalog, maga-                     paragraph (c)(1) or (e)(1) of this section.
                                                                     zine, or other generally available publi-                   (g) Balance computation methods de-
                                                                     cation. The disclosures shall be pro-                     fined. The following methods may be
                                                                     vided in accordance with paragraph                        described by name. Methods that differ
                                                                     (e)(1) or (e)(2) of this section.                         due to variations such as the allocation
                                                                       (1) Disclosure of required credit infor-                of payments, whether the finance
                                                                     mation. The card issuer may disclose in                   charge begins to accrue on the trans-




jspears on DSK121TN23PROD with CFR
                                                                     a prominent location on the applica-                      action date or the date of posting the
                                                                     tion or solicitation the following:                       transaction, the existence or length of

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                                                                     § 1026.60, Nt.                                                          12 CFR Ch. X (1–1–25 Edition)

                                                                     a grace period, and whether the bal-                      card as defined in § 1026.61 or covered over-
                                                                     ance is adjusted by charges such as late                  draft credit accessible by an account number
                                                                     payment fees, annual fees and unpaid                      that is a hybrid debit-credit card;
                                                                     finance charges do not constitute sepa-                     (v) Additions of a credit or charge card to
                                                                     rate balance computation methods.                         an existing open-end plan;
                                                                       (1)(i) Average daily balance (including                   (vi) General purpose applications unless
                                                                                                                               the application, or material accompanying
                                                                     new purchases). This balance is figured                   it, indicates that it can be used to open a
                                                                     by adding the outstanding balance (in-                    credit or charge card account; or
                                                                     cluding new purchases and deducting                         (vii) Consumer-initiated requests for appli-
                                                                     payments and credits) for each day in                     cations.
                                                                     the billing cycle, and then dividing by
                                                                     the number of days in the billing cycle.
                                                                       (ii) Average daily balance (excluding                          *         *       *         *      *
                                                                     new purchases). This balance is figured
                                                                                                                               § 1026.61     Hybrid prepaid-credit cards.
                                                                     by adding the outstanding balance (ex-
                                                                     cluding new purchases and deducting                         (a) Hybrid prepaid-credit card—(1) In
                                                                     payments and credits) for each day in                     general. (i) Credit offered in connection
                                                                     the billing cycle, and then dividing by                   with a prepaid account is subject to
                                                                     the number of days in the billing cycle.                  this section and this regulation as
                                                                       (2) Adjusted balance. This balance is                   specified below.
                                                                     figured by deducting payments and                           (ii) For purposes of this regulation,
                                                                     credits made during the billing cycle                     except as provided in paragraph (a)(4)
                                                                     from the outstanding balance at the                       of this section, a prepaid card is a hy-
                                                                     beginning of the billing cycle.                           brid prepaid-credit card with respect to
                                                                       (3) Previous balance. This balance is                   a separate credit feature as described
                                                                     the outstanding balance at the begin-                     in paragraph (a)(2)(i) of this section
                                                                     ning of the billing cycle.                                when it can access credit from that
                                                                       (4) Daily balance. For each day in the                  credit feature, or with respect to a
                                                                     billing cycle, this balance is figured by                 credit feature structured as a negative
                                                                     taking the beginning balance each day,                    balance on the asset feature of the pre-
                                                                     adding any new purchases, and sub-                        paid account as described in paragraph
                                                                     tracting any payment and credits.                         (a)(3) of this section when it can access
                                                                     [76 FR 79772, Dec. 22, 2011, as amended at 81             credit from that credit feature. A hy-
                                                                     FR 84370, Nov. 22, 2016]                                  brid prepaid-credit card is a credit card
                                                                                                                               for purposes of this regulation with re-
                                                                       EFFECTIVE DATE NOTE: At 89 FR 106837,
                                                                     Dec. 30, 2024, § 1026.60 was amended by revis-            spect to those credit features.
                                                                     ing paragraph (a)(5), effective Oct. 1, 2025.               (iii) With respect to a credit feature
                                                                     For the convenience of the user, the revised              structured as a negative balance on the
                                                                     text is set forth as follows:                             asset feature of the prepaid account as
                                                                                                                               described in paragraph (a)(3) of this
                                                                     § 1026.60 Credit and charge card applica-
                                                                           tions and solicitations.                            section, a prepaid card is not a hybrid
                                                                        (a) * * *                                              prepaid-credit card or a credit card for
                                                                        (5) Exceptions. This section does not apply            purposes of this regulation if the condi-
                                                                     to:                                                       tions set forth in paragraph (a)(4) of
                                                                        (i) Home-equity plans accessible by a cred-            this section are met.
                                                                     it or charge card that are subject to the re-               (2) Prepaid card can access credit from
                                                                     quirements of § 1026.40;                                  a covered separate credit feature—(i) Cov-
                                                                        (ii) Covered overdraft credit as defined in
                                                                     § 1026.62 tied to asset accounts accessed by              ered separate credit feature. (A) A sepa-
                                                                     check-guarantee cards or by debit cards                   rate credit feature that can be accessed
                                                                     other than hybrid debit-credit cards as de-               by a hybrid prepaid-credit card as de-
                                                                     fined in § 1026.62;                                       scribed in this paragraph (a)(2)(i) is de-
                                                                        (iii) Lines of credit accessed by check-               fined as a covered separate credit fea-
                                                                     guarantee cards or by debit cards, other than             ture. A prepaid card is a hybrid pre-
                                                                     covered overdraft credit accessed by hybrid               paid-credit card with respect to a sepa-
                                                                     debit-credit cards, that can be used only at
                                                                                                                               rate credit feature when it is a single
                                                                     automated teller machines;
                                                                        (iv) Lines of credit accessed solely by ac-            device that can be used from time to
                                                                                                                               time to access the separate credit fea-




jspears on DSK121TN23PROD with CFR
                                                                     count numbers except for a covered separate
                                                                     credit feature solely accessible by an ac-                ture where the following two condi-
                                                                     count number that is a hybrid prepaid-credit              tions are both satisfied:

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                                                                     Consumer Financial Protection Bureau                                                                § 1026.61

                                                                       (1) The card can be used to draw,                       through a negative balance on the
                                                                     transfer, or authorize the draw or                        asset feature violates paragraph (b) of
                                                                     transfer of credit from the separate                      this section. A prepaid account issuer
                                                                     credit feature in the course of author-                   can use a negative asset balance struc-
                                                                     izing, settling, or otherwise completing                  ture to extend credit on an asset fea-
                                                                     transactions conducted with the card                      ture of a prepaid account only if the
                                                                     to obtain goods or services, obtain                       prepaid card is not a hybrid prepaid-
                                                                     cash, or conduct person-to-person                         credit card with respect to that credit
                                                                     transfers; and                                            as described in paragraph (a)(4) of this
                                                                       (2) The separate credit feature is of-                  section.
                                                                     fered by the prepaid account issuer, its                    (4) Exception for credit extended
                                                                     affiliate, or its business partner.                       through a negative balance. A prepaid
                                                                       (B) A separate credit feature that                      card is not a hybrid prepaid-credit card
                                                                     meets the conditions set forth in para-                   with respect to credit extended
                                                                     graph (a)(2)(i)(A) of this section is a                   through a negative balance on the
                                                                     covered separate credit feature acces-                    asset feature of the prepaid account
                                                                     sible by a hybrid prepaid-credit card                     and is not a credit card for purposes of
                                                                     even with respect to credit that is                       this regulation with respect to that
                                                                     drawn or transferred, or authorized to                    credit where:
                                                                     be drawn or transferred, from the cred-                     (i) The prepaid card cannot access
                                                                     it feature outside the course of a trans-                 credit from a covered separate credit
                                                                     action conducted with the card to ob-                     feature as described in paragraph
                                                                     tain goods or services, obtain cash, or                   (a)(2)(i) of this section that is offered
                                                                     conduct person-to-person transfers.                       by a prepaid account issuer or its affil-
                                                                       (ii) Non-covered separate credit feature.               iate; and
                                                                     A separate credit feature that does not                     (ii) The prepaid card only can access
                                                                     meet the two conditions set forth in                      credit extended through a negative bal-
                                                                     paragraph (a)(2)(i) of this section is de-                ance on the asset feature of the prepaid
                                                                     fined as a non-covered separate credit                    account      where    both    paragraphs
                                                                     feature. A prepaid card is not a hybrid                   (a)(4)(ii)(A) and (B) of this section are
                                                                     prepaid-credit card with respect to a                     satisfied.
                                                                     non-covered separate credit feature,                        (A) The prepaid account issuer has an
                                                                     even if the prepaid card is a hybrid pre-                 established policy and practice of ei-
                                                                     paid-credit card with respect to a cov-                   ther declining to authorize any trans-
                                                                     ered separate credit feature as de-                       action for which it reasonably believes
                                                                     scribed in paragraph (a)(2)(i) of this                    the consumer has insufficient or un-
                                                                     section. A non-covered separate credit                    available funds in the asset feature of
                                                                     feature is not subject to the rules ap-                   the prepaid account at the time the
                                                                     plicable to hybrid prepaid-credit cards;                  transaction is authorized to cover the
                                                                     however, it may be subject to this reg-                   amount of the transaction, or declining
                                                                     ulation depending on its own terms and                    to authorize any such transactions ex-
                                                                     conditions, independent of the connec-                    cept in one or more of the following
                                                                     tion to the prepaid account.                              circumstances:
                                                                       (3) Prepaid card can access credit ex-                    (1) The amount of the transaction
                                                                     tended through a negative balance on the                  will not cause the asset feature balance
                                                                     asset feature of the prepaid account—(i)                  to become negative by more than $10 at
                                                                     In general. Except as provided in para-                   the time of the authorization; or
                                                                     graph (a)(4) of this section, a prepaid                     (2) In cases where the prepaid ac-
                                                                     card is a hybrid prepaid-credit card                      count issuer has received an instruc-
                                                                     when it is a single device that can be                    tion or confirmation for an incoming
                                                                     used from time to time to access credit                   electronic fund transfer originated
                                                                     extended through a negative balance                       from a separate asset account to load
                                                                     on the asset feature of the prepaid ac-                   funds to the prepaid account or where
                                                                     count.                                                    the prepaid account issuer has received
                                                                       (ii) Negative asset balances. Notwith-                  a request from the consumer to load
                                                                     standing paragraph (a)(3)(i) of this sec-                 funds to the prepaid account from a
                                                                     tion with regard to coverage under this                   separate asset account but in either




jspears on DSK121TN23PROD with CFR
                                                                     regulation, structuring a hybrid pre-                     case the funds from the separate asset
                                                                     paid-credit card to access credit                         account have not yet settled, the

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                                                                     § 1026.61                                                               12 CFR Ch. X (1–1–25 Edition)

                                                                     amount of the transaction will not                          (ii) Asset feature means an asset ac-
                                                                     cause the asset feature balance to be-                    count that is a prepaid account, or an
                                                                     come negative at the time of the au-                      asset subaccount of a prepaid account.
                                                                     thorization by more than the incoming                       (iii) Business partner means a person
                                                                     or requested load amount, as applica-                     (other than the prepaid account issuer
                                                                     ble.                                                      or its affiliates) that can extend credit
                                                                       (B) The following fees or charges are                   through a separate credit feature
                                                                     not imposed on the asset feature of the                   where the person or its affiliate has an
                                                                     prepaid account:                                          arrangement with a prepaid account
                                                                       (1) Any fees or charges for opening,                    issuer or its affiliate except as provided
                                                                     issuing, or holding a negative balance                    in paragraph (a)(5)(iii)(D) of this sec-
                                                                     on the asset feature, or for the avail-                   tion.
                                                                     ability of credit, whether imposed on a                     (A) Arrangement defined. For purposes
                                                                     one-time or periodic basis. This para-                    of paragraph (a)(5)(iii) of this section, a
                                                                     graph does not include fees or charges                    person that can extend credit through
                                                                     to open, issue, or hold the prepaid ac-                   a separate credit feature or the per-
                                                                     count where the amount of the fee or                      son’s affiliate has an arrangement with
                                                                     charge imposed on the asset feature is                    a prepaid account issuer or its affiliate
                                                                     not higher based on whether credit                        if the circumstances in either para-
                                                                     might be offered or has been accepted,                    graph (a)(5)(iii)(B) or (C) of this section
                                                                     whether or how much credit the con-                       are met.
                                                                     sumer has accessed, or the amount of                        (B) Arrangement by agreement. A per-
                                                                     credit available;                                         son that can extend credit through a
                                                                       (2) Any fees or charges that will be                    separate credit feature or its affiliate
                                                                     imposed only when credit is extended                      has an arrangement with a prepaid ac-
                                                                     on the asset feature or when there is a                   count issuer or its affiliate if the par-
                                                                     negative balance on the asset feature,                    ties have an agreement that allows the
                                                                     except that a prepaid account issuer                      prepaid card from time to time to
                                                                     may impose fees or charges for the ac-                    draw, transfer, or authorize a draw or
                                                                     tual costs of collecting the credit ex-                   transfer of credit in the course of au-
                                                                     tended if otherwise permitted by law;                     thorizing, settling, or otherwise com-
                                                                     or                                                        pleting transactions conducted with
                                                                       (3) Any fees or charges where the                       the card to obtain goods or services,
                                                                     amount of the fee or charge is higher                     obtain cash, or conduct person-to-per-
                                                                     when credit is extended on the asset                      son transfers.
                                                                     feature or when there is a negative bal-                    (C) Marketing arrangement. A person
                                                                     ance on the asset feature.                                that can extend credit through a sepa-
                                                                       (C) A prepaid account issuer may                        rate credit feature or its affiliate has
                                                                     still satisfy the exception in paragraph                  an arrangement with a prepaid account
                                                                     (a)(4) of this section even if it debits                  issuer or its affiliate if:
                                                                     fees or charges from the asset feature                      (1) The parties have a business, mar-
                                                                     when there are insufficient or unavail-                   keting, or promotional agreement or
                                                                     able funds in the asset feature to cover                  other arrangement which provides that
                                                                     those fees or charges at the time they                    prepaid accounts offered by the prepaid
                                                                     are imposed, so long as those fees or                     account issuer will be marketed to the
                                                                     charges are not the type of fees or                       customers of the person that can ex-
                                                                     charges enumerated in paragraph                           tend credit; or the separate credit fea-
                                                                     (a)(4)(ii)(B) of this section.                            ture offered by the person who can ex-
                                                                       (5) Definitions. For purposes of this                   tend credit will be marketed to the
                                                                     section and other provisions in the reg-                  holders of prepaid accounts offered by
                                                                     ulation that relate to hybrid prepaid-                    the prepaid account issuer (including
                                                                     credit cards:                                             any marketing to customers to encour-
                                                                       (i) Affiliate means any company that                    age them to authorize the prepaid card
                                                                     controls, is controlled by, or is under                   to access the separate credit feature as
                                                                     common control with another com-                          described in paragraph (a)(5)(iii)(C)(2)
                                                                     pany, as set forth in the Bank Holding                    of this section); and




jspears on DSK121TN23PROD with CFR
                                                                     Company Act of 1956 (12 U.S.C. 1841 et                      (2) At the time of the marketing
                                                                     seq.).                                                    agreement or arrangement described in

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