Bureau of Consumer Financial Protection Final Rule

Similar documents
What is the ECOA Valuations Rule?

Equal Credit Opportunity Act (ECOA) Valuations Rule

TRUTH IN LENDING ACT - APPRAISER INDEPENDENCE REQUIREMENTS (TILA-AIR)

Announcement SEL October 15, 2010

Automation for easy compliance

Arkansas. Appraiser Licensing and Certification Board. Appraisal Management Company Statutes. Subchapter 1 General Provisions

SUBCHAPTER 58B TIME SHARES SECTION.0100 TIME SHARE PROJECT REGISTRATION

A Bill Regular Session, 2017 HOUSE BILL 1730

THE BLACKSTONE REAL ESTATE

Internet Data Exchange (IDX)

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

NEVADA. Leases of Personal Property with Option to Purchase

HERO Financing Program Registered Contractor Participation Agreement Reference Materials September 2016 Version 3.0

Buyer s Initials Seller s Initials DRAFT G. SHORT SALE APPROVAL CONTINGENCY

New Appraisal Requirements Affect Lenders and AMCs

KRS 324A A.150 Definitions for KRS 324A.150 to 324A.164. Effective: June 25, 2013

Ì Î LEGISLATIVE ACTION... The Committee on Finance and Tax (Storms) recommended the following:

PRESS FIRMLY you are writing through 4 copies.

PRESS FIRMLY you are writing through 4 copies. PURCHASE AGREEMENT RESIDENTIAL PROPERTY

"Advertisement" means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease- purchase agreement.

Internet Data Exchange TM

Appendix B. North Carolina Parks and Recreation Trust Fund. Submitting Requests for Reimbursement for Land Acquisition

(1) "Lessor" means an owner, lessor, sublessor, or managing agent of a self-service storage facility.

FOR MIAAOR USE FIRM NAME & NUMBER PROVIDER FAR MARKETLINX MIAAOR TYPE OR FEED RETS FTP PURPOSE IDX VOW FIRM SPECIFIC AGENT MIAAOR INFORMATION PAGE AND

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

Minnesota Department of Health Grant Agreement

Understanding. Clean and Green

Understanding the Clean and Green Program

HP0144, LD 165, item 1, 124th Maine State Legislature An Act To Supervise and Regulate Escrow Agents in Order To Protect Consumers

Finding AMP Content in the Missouri Courses

FOR DISCUSSION PURPOSES ONLY

HOUSE AMENDMENT Bill No. CS/HB 411

Table of Contents. Appraiser Independence Policy Forms

Understanding the Clean and Green Program

Unauthorized. Chapter 5 1. CSST Lightning Safety Awareness

Appraiser Independence Requirements (AIR) Policy

Residential Property Owner Program Handbook

IC Chapter 6. Manufactured Homes

CONTRACT TO BUY AND SELL REAL ESTATE (LAND)

CONFIRMATION OF REPRESENTATION In representing the parties in the negotiations for the purchase and sale of the Property:

Section 16. Virtual Office Website (VOW) Rules

CVR MLS 2015 New and Revised Forms Reference Guide

IC Repealed (As added by P.L , SEC.16. Repealed by P.L , SEC.2.)

Billing Code DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 24 CFR Part 203. [Docket No. FR-5744-F-02] RIN 2502-AJ20

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009

OFFER AND PURCHASE AND SALE AGREEMENT. OFFER This Offer is given by

Rapaport Buyer Agreement

IC Chapter 1.7. Abandoned Manufactured Homes in Mobile Home Communities

VIRGINIA ASSOCIATION OF REALTORS EXCLUSIVE AUTHORIZATION TO SELL

CHAPTER 51-A. APPRAISAL MANAGEMENT COMPANY LICENSING AND REGULATION ACT

No An act relating to transfers of mobile homes and rent-to-own transactions. (H.542)

CITY OF LAREDO ECONOMIC DEVELOPMENT INCENTIVE PROGRAM ALONG ITURBIDE IT STREET (PHASE I) FOR RESTAURANTS AND BARS

Property Tax Administration Bulletin: PTA 07-06

VIRTUAL OFFICE WEBSITES (VOWs)

SAMPLE NO BROKERAGE RELATIONSHIP NOTICE

GARDEN CITY COMMERCIAL REVITALIZATION GRANT PROGRAM

located in the 14. City/Township of CLEARWATER, County of WRIGHT, 15. State of Minnesota, PID # (s) 16.

C O N F I D E N T I A L 2016 BUSINESS PERSONAL PROPERTY RENDITION OF TAXABLE PROPERTY

INITIAL AGENCY DISCLOSURE PAMPHLET INSTRUCTIONS

HOUSING FOR OLDER PERSONS APPLICATION FOR EXEMPTION OF EDUCATIONAL SYSTEM IMPACT FEES

Residential Evaluation Report (RER) April, 2016

State Revolving Fund Loan Programs Guidance for Project Land Acquisition For SRF Financed Projects

SOUTH DAKOTA. Lease-Purchase Agreements

Section 13 IDX Defined: IDX affords MLS participants the ability to authorize limited electronic display of their listings by other participants.

GAINESVILLE MULTIPLE LISTING, INC Exclusive Right of Sale Listing Agreement Single Agency

Internet Data Exchange (IDX)

CITY OF VERONA. Request for Proposals (RFP) Assessment Services For the Assessment Years

MANUFACTURED HOME COMMUNITY RIGHTS ACT

SECTION 2 REPUBLICATION OF BROKER RECIPROCITY DATABASE ON INTERNET PERMITTED..

ACTION: 30-day notice of submission of information collection for approval from Office of Management and Budget.

The Listing Agent is representing the Seller and the Buyer s Agent is representing the Buyer. Buyer Initial Date Seller Initial Date

Educational Version. Broker (Firm) Mailing Address: City, State, and Zip Code:

VACANT LAND PURCHASE AGREEMENT

IDX Display Checklist

Manufactured Home Community Rights Act

EXCLUSIVE PROPERTY MANAGEMENT AGREEMENT Long-term Rental Property

II. Policies Applicable to Principal Broker Subscribers VOWs.

Sample Engagement Letter

NELA USA Terms and Conditions of Sale

Clean and Green LEBANON COUNTY UNDERSTANDING THE PROGRAM

BLAIR COUNTY. UNDERSTANDING THE Clean and Green PROGRAM. COUNTY OF BLAIR Blair County Courthouse 423 Allegheny Street Hollidaysburg, PA

30 Thompson Street, New York, NY

Foreclosure and Blighted Property: Tools for Municipal Officials

LISTING OF RESIDENTIAL VACANT LAND EXCLUSIVE RIGHT AND AUTHORITY TO SELL CONTRACT

APPRAISAL MANAGEMENT COMPANY

Guide to the 2017 CABR/DABR Contract to Purchase

WB-36 BUYER AGENCY/TENANT REPRESENTATION AGREEMENT

COMMERICAL PURCHASE AGREEMENT

KSS Sales Proposal Terms & Conditions

Australian Standard. Inspection of buildings. Part 1: Pre-purchase inspections Residential buildings AS

UNITED ETHANOL LLC UNIT TRANSFER POLICY. Updated August 27, 2013

DRE Sponsor ID #S0156. Real Estate Correspondence Course Descriptions

Lease-Purchase Agreement Act. Washington Revised Code, As added by Laws 1992, Ch. 134, approved March 31, 1992, effective June 11, 1992.

Clean and Green ADAMS COUNTY UNDERSTANDING THE PROGRAM. COUNTY OF ADAMS Adams County Courthouse Baltimore Street Gettysburg, PA 17325

CHAPTER APPRAISAL MANAGEMENT COMPANIES

Lesson Eight: Clarifying Agency Relationships

National Exam Content Outline for Salesperson and Broker

K & R Properties of Fayetteville, Inc. PO Box Fayetteville, NC (910)

DEPARTMENT OF HUMAN SERVICES, PUBLIC HEALTH DIVISION

EXCLUSIVE PROPERTY MANAGEMENT AGREEMENT Long-term Rental Property

Transcription:

Bureau of Consumer Financial Protection Final Rule August 26, 2013

Bureau of Consumer Financial Protection Final Rule TABLE OF CONTENTS Summary Analysis of the Final Rule 1 Detailed Analysis of the Final Rule 2 Compliance Implementation Checklist 5 Sample Policy 6 Model Form / Notice Language 8 DISCLAIMER THE INFORMATION PROVIDED IS GENERAL INFORMATION AND IS NOT TO BE CONSIDERED LEGAL ADVICE ABOUT THE SUBJECT MATTERS COVERED OR ANY SPECIFIC LEGAL ISSUE. THE ADVICE OF AN ATTORNEY SHOULD BE OBTAINED AS APPROPRIATE TO SPECIFIC ISSUES AND FACTUAL SITUATIONS

Bureau of Consumer Financial Protection Final Rule Effective Date: January 18, 2014 12 C.F.R. 1002.14 78 F.R. 7216 (January 31, 2013) The Consumer Financial Protection Bureau (CFPB) is amending Regulation B, which implements the with amendments concerning appraisals and other valuations. In general, the rule requires credit unions to notify applicants in writing that copies of appraisals will be provided promptly, and to provide a free copy of all appraisals and other written valuations developed in connection with an application for a first lien on a dwelling. ECOA applies to consumer credit as well as to business and commercial credit except as provided in Regulation B 1002.3(a)-(d) Dwelling The term DWELLING means a residential structure that contains one to four units whether or not that structure is attached to real property. Valuation VALUATION means any estimate of value of a dwelling developed in connection with an application for credit. CFPB Final Rule- ECOA Valuations Page 1

Bureau of Consumer Financial Protection Final Rule Effective Date: January 18, 2014 12 C.F.R. 1002.14 78 F.R. 7216 (January 31, 2013) I. Definitions a. CONSUMATION means the time that the member becomes contractually obligated on a closed-end credit transaction, or in which the account is being opened for open-end credit. b. DWELLING means a residential structure that contains one to four units whether or not that structure is attached to real property. The term includes, but is not limited to, an individual condominium or cooperative unit, a mobile home or other manufactured home. Motor vehicle is not included in this definition. c. VALUATION means any estimate of value of a dwelling developed in connection with an application for credit. i. Valuation examples include (this is not an all-inclusive list) 1. Report of appraiser s estimate/opinion of property value (whether or not appraiser is licensed or certified) 2. Document prepared by credit union staff that assigns property value 3. Report approved by a government-sponsored enterprise that describes the estimate of the property value developed pursuant to the proprietary methodology of the government-sponsored enterprise 4. Report generated by an automated valuation model (AVM) to estimate property value 5. Broker price opinion prepared by a real estate broker, agent, or sales staff that estimates the property value ii. Valuation examples not included (this is not an all-inclusive list) 1. Internal documents that merely restate the estimated value of the property 2. Government agency statements of property value that are publically available 3. Publically available lists of property valuations (such as sales prices, tax assessments, or retail price ranges) 4. Manufacturers invoices for manufactured homes 5. Inspection reports that do not provide an estimate/opinion of property value CFPB Final Rule- ECOA Valuations Page 2

II. Early disclosure appraisal-related notice. The credit union must provide the following appraisal-related notice for all applications to be secured by a first lien on a dwelling: We may order an appraisal to determine the property s value and charge you for this appraisal. We will promptly give you a copy of any appraisal, even if your loan does not close. You can pay for an additional appraisal for your own use at your own cost. a. Timing of appraisal-related notice i. At the time of the application for a first lien on a dwelling ii. Delivered or mailed not later than the third business day after receipt of application for a first lien on a dwelling iii. If an application is not a first lien on a dwelling when the application is received, but later becomes a request for a first lien on a dwelling subject to the appraisal-related notice, the disclosure shall be delivered or mailed not later than the third business day after the credit union determines the application is for a first lien on a dwelling. b. Delivery of appraisal-related notice i. If there are multiple applicants, the credit union must give notice to at least one of the applicants. If there is a readily apparent primary applicant, notice must be given to the primary applicant. ii. Electronic delivery is permissible if the credit union appropriately administers Electronic Signatures in Global and National Commerce Act (E-Sign Act). III. Copy of appraisal and other written valuations. a. The credit union must promptly provide to the borrower a i. Free copy of any appraisal or other written valuation A credit union may charge a reasonable fee to recover actual costs of obtaining an appraisal or other written valuation, but is prohibited from charging a fee for any copy or delivery of the appraisal or other written valuation ii. Developed in connection with an application for credit to be secured by a first lien on a dwelling iii. Whether or not the credit union closes the loan b. Timing of each written appraisal or other valuation is: i. Promptly upon completion Completion is deemed to have occurred when the last version is received by the credit union, or when the credit union has reviewed and accepted the appraisal or other written valuation, whichever is last. OR ii. Three business days prior to consummation of the transaction, CFPB Final Rule- ECOA Valuations Page 3

whichever is earlier iii. In the case of a loan not closing, not later than 30 days after the credit union determines the loan will not be consummated c. Waiver of timing of each written appraisal or other valuation Applicants may waive the timing requirements established for receiving a copy of an appraisal or other written valuation, except where otherwise prohibited by law, IF i. The credit union provides copies of any appraisals and other written valuations at or before consummation or account opening AND ii. The waiver is received no later than three days prior to consummation or account opening with an affirmative oral or written statement iii. From at least one of the applicants AND iv. If there are multiple applicants with one as the readily apparent primary applicant, the credit union must receive the waiver statement from the readily apparent primary applicant. d. Delivery of appraisal or other written valuation i. If there are multiple applicants, the credit union must give a copy of the appraisal to at least one of the applicants. If there is a readily apparent primary applicant, notice must be given to the primary applicant. ii. Any attachment or exhibit that is an integrated part of the valuation must be included with the delivery of any appraisal or other written valuation iii. Electronic delivery is permissible if the credit union appropriately administers Electronic Signatures in Global and National Commerce Act (E-Sign Act). IV. Renewal of existing credit. This ECOA must be followed IF a. The applicant requests a renewal of existing credit secured by a first lien on a dwelling AND b. The credit union develops a new appraisal or other written valuation CFPB Final Rule- ECOA Valuations Page 4

Bureau of Consumer Financial Protection Final Rule Effective Date: January 18, 2014 12 C.F.R. 1002.14 78 F.R. 7216 (January 31, 2013) Establish the credit union s process for delivering the early disclosure notification, including o procedures for determining if a primary applicant is readily apparent o that the early disclosure will be delivered to all applicants o Special note: If the 2012 TILA-RESPA Proposal becomes final as proposed, this ECOA Appraisal early notification may be satisfied by using the appropriate language in the Loan Estimate. Until that time, a separate disclosure must be provided. Evaluate the credit union s other written valuation methods used, so that appropriate delivery can be established Determine the credit union s process for delivering appraisals and other written valuations, including o procedures for determining if a primary applicant is readily apparent o that all appraisals and other written valuations will be delivered to all applicants Create a review system to ensure appraisals and other written valuations are delivered appropriately o As prescribed in policy o To the appropriate applicant (or apparent primary applicant) AND o Promptly upon completion o At least three business days prior to consummation CFPB Final Rule- ECOA Valuations Page 5

Sample Policy for the Bureau of Consumer Financial Protection Final Rule Effective Date: January 18, 2014 12 C.F.R. 1002.14 78 F.R. 7216 (January 31, 2013) APPRAISAL and VALUATION POLICY Regulation B Dwelling: The term dwelling means a residential structure that contains one to four units whether or not that structure is attached to real property. The term includes but is not limited to an individual condominium or cooperative unit and a mobile home or other manufactured home. It includes credit that is used for a business or a consumer purpose. Notice to Members XYZ Credit Union will mail or deliver to [all applicants] / [readily apparent primary applicant] not later than the third business day after we receive an application for credit that is to be secured by a first lien on a dwelling, a notice in writing of the member s right to receive a copy of all written appraisals developed in connection with the application. If at the time of application, the loan is not to be secured by a first lien on a dwelling and it is later determined the credit will be secured by a first lien on a dwelling, we will mail or deliver the required notice in writing to [all applicants] / [readily apparent primary applicant]. This notice will be mailed or delivered not later than the third business day after we determine the loan is to be secured by a first lien on a dwelling. The notice may be provided to the member in electronic form subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign). Copy of Appraisals to Members XYZ Credit Union will provide [all applicants] / [readily apparent primary applicant] a copy of all appraisals and other written valuations developed in connection with the member s application for credit that is to be secured by a first lien on a dwelling. This applies to applications that were approved, denied, incomplete and withdrawn. Once the appraisal or valuation is completed and reviewed by the credit union it will be promptly provided to the member. If the member has waived this timing requirement, we will deliver the appraisal(s) and other valuation(s) within 3 business days prior to consummation of the CFPB Final Rule- ECOA Valuations Page 6

transaction for closed-end loans or account opening for open end loans. We will not charge the member for providing a copy of the appraisal or other written valuations. We will require the member to reimburse us for the cost of the appraisal or other written valuation as allowed by law. CFPB Final Rule- ECOA Valuations Page 7

Model Forms for the Bureau of Consumer Financial Protection Final Rule Effective Date: January 18, 2014 12 C.F.R. 1002.14 78 F.R. 7216 (January 31, 2013) The credit union must provide the following appraisal-related notifications for applications secured by a first lien on a dwelling. The notice may be provided at the time of application or within three business days after the receipt of a first lien on a dwelling application. We may order an appraisal to determine the property s value and charge you for this appraisal. We will promptly give you a copy of any appraisal, even if your loan does not close. You can pay for an additional appraisal for your own use at your own cost. CFPB Final Rule- ECOA Valuations Page 8