20 June 2022 9:30

What sort of demands is it reasonable for a home loan lender to make on the borrower, if any?

What are the duties of a lender to a borrower?

Lenders must help borrowers and guarantors to make an informed decision. Lenders must help borrowers and guarantors make informed decisions about whether to enter into the loan or to give the guarantee. Lenders must help borrowers to make informed decisions in all subsequent dealings about the loan.

What are two responsibilities of a lender?

49 CFR § 260.53 – Lenders’ functions and responsibilities.

  • (a) Loan processing. …
  • (1) Processing applications for the loan to be guaranteed;
  • (2) Developing and maintaining adequately documented loan files;
  • (3) Recommending only loan proposals that are eligible and financially feasible;

What are two things you are responsible for as a borrower?

Borrower’s Responsibilities

  • Signing the promissory note means you agree to repay the loan. …
  • Make payments regardless of receiving billing notices. …
  • Continue to pay while waiting for deferment or forbearance approval. …
  • Notify your lender or loan servicer when you… …
  • Remember to keep in touch with your lender or loan servicer.

What is the name of the rule that increases requirements for the consideration of a borrower’s ability to repay?

The ATR rule provides eight specific factors that the lender must consider to make a reasonable, good-faith determination that the borrower has a reasonable ability to repay the loan.

What are the rights of lenders?

Given that a loan agreement is a contract, the lender will have the following contractual rights: The lender can force the borrower to immediately repay the money under the loan, as well as any interest/fees/charges (that have been outlined in the loan agreement);

What are three responsibilities you have to your creditors?

Creditors’ Responsibilities to You: –Assisting consumers in making wise purchases by honestly representing goods and services. -Informing customers about all rules and regulations, interest rates, credit policies, and fees. -Cooperating with established credit reporting agencies.

Can lenders be sued?

Breach of contract – Lenders have long used civil lawsuits to sue borrowers who breached loan agreements. With the rise of lender liability, borrowers now also have a right to sue lenders who breach contractual obligations established in a loan agreement, such as failing to honor a loan commitment.

What are three possible consequences of not meeting your responsibilities as a borrower?

What are the three possible consequences of not meeting your responsibilities as a borrower? You don’t pay on time, lender may have to hire a collection agency to help recover the funds. Never pay it the lender has to write it off and take a loss. Get bad credit history.

What are some of the responsibilities and obligations of borrowing money?

Your responsibilities as a borrower

  • Contact the creditor immediately, before the payment due date. Your call demonstrates your good faith. …
  • Don’t wait until the due date has passed or until the creditor calls you. …
  • Ask for a grace period. …
  • Renegotiate your loan terms.

What are the eight factors a lender must evaluate when underwriting a loan to determine a consumer’s repayment ability?

At a minimum, creditors generally must consider eight underwriting factors: (1) current or reasonably expected income or assets; (2) current employment status; (3) the monthly payment on the covered transaction; (4) the monthly payment on any simultaneous loan; (5) the monthly payment for mortgage-related obligations; …

What are factors that a lender must consider in regard to ATR?

The evaluation relies on at least eight factors, including current or reasonably expected income or assets, current employment status and verified income, the loan payment amount, any simultaneous loans secured by the same property, ongoing expenses related to the property, additional debt, debt-to-income ratio, and …

What does Regulation Z require lenders to disclose?

Created to protect consumers from predatory lending practices, Regulation Z, also known as the Truth in Lending Act, requires that lenders disclose borrowing costs upfront and in clear terminology so consumers can make informed decisions.

What are the requirements of the Truth in Lending Act?

Truth In Lending Act Defined

A federal law that helps promote consumer awareness, it essentially requires lenders to provide standardized disclosures about loan terms and costs, including information such as the annual percentage rate, terms of the loan, and total loan cost.

Under what conditions is a truth in lending statement required?

If you applied for a mortgage before October 3, 2015, or if you are applying for a reverse mortgage, a HELOC, a manufactured housing loan that is not secured by real estate, or a loan through certain types of homebuyer assistance programs, you should receive a Truth-in-Lending disclosure.

What is required in a Truth in Lending Disclosure?

Lenders must provide a Truth in Lending (TIL) disclosure statement that includes information about the amount of your loan, the annual percentage rate (APR), finance charges (including application fees, late charges, prepayment penalties), a payment schedule and the total repayment amount over the lifetime of the loan.

What law or rule requires lenders to disclose to borrowers the actual costs of obtaining credit?

The Fair Credit Reporting Act, or Title VI of the Consumer Credit Protection Act of 1968, requires that lenders: Keep all credit information confidential.

When Should Truth in Lending disclosures be provided to the consumer?

According to the Consumer Financial Protection Bureau, you must be given a written TILA disclosure, before you become legally obligated to pay off the loan. The importance of seeing it before you are obligated cannot be overstated.

Which of the following would be considered a dwelling under the Truth in Lending Act?

Under the Truth-in-Lending Act, a dwelling is defined as a residential structure that contains one to four units, whether or not it is attached to real property. A dwelling includes an individual condominium unit, cooperative unit, mobile home, and trailer, if it is used as a residence.

What does the Truth in Lending Act not apply to?

THE TILA DOES NOT COVER: Ì Student loans Ì Loans over $25,000 made for purposes other than housing Ì Business loans (The TILA only protects consumer loans and credit.) Purchasing a home, vehicle or other assets with credit and loans can greatly impact your financial security.

What transactions are exempt from the Truth in Lending Act?

[i] The following transactions are exempt from Regulation Z: Credit given primarily for a business, commercial, or agricultural purpose; Credit extended to any entity other than a natural person (including credit to government agencies or instrumentalities);

What is the intent of the Truth in Lending Act?

The Truth in Lending Act (TILA) protects you against inaccurate and unfair credit billing and credit card practices. It requires lenders to provide you with loan cost information so that you can comparison shop for certain types of loans.

Which of the following ads would be in violation of the federal Truth-in-Lending laws?

Which of the following advertisements is/are a violation of the Truth-in-Lending when no additional information is given? kickbacks and was created to ensure that the buyer and seller in a residential real estate sale or transfer have knowledge of all settlement costs.

What Act makes it unlawful for any lender to discriminate against any applicant?

The Fair Housing Act (FHAct), which is title VIII of the Civil Rights Act of 1968, as amended (42 USC 3601 et seq.), makes it unlawful for any lender to discriminate in its housing-related lending activities against any person because of race, color, religion, national origin, sex, handicap, or familial status.

What are the 3 types of lending discrimination?

Three lending discrimination types

  • → Overt.
  • → Disparate impact.
  • → Disparate treatment.

What can a lender legally discriminate on?

The Fair Housing Act makes it illegal to discriminate against someone because of race, color, religion, sex (including gender, gender identity, sexual orientation, and sexual harassment), familial status, national origin or disability at any stage of the mortgage process, including: Approvals and denials.