Regulation Z The Reg…It Is A Changin’ June 30, 2009

1. Regulation Z The Reg…It Is A Changin’ June 30, 2009

2. Reg. Z Background Promotes the informed use of consumer credit Provides disclosures for terms and costs Enhances advertising intended to assist consumers in comparison shopping for credit

3. History of the Changes Copyright 2009, Integrated Compliance Solutions, LLC • Fed issued new changes for the early TIL to be effective 10-1-09 but…. • Congress passed the Housing and Economic Recovery Act in July 2008, which included the Mortgage Disclosure Improvement Act… • Congress wins! The changes to the early TIL become effective 7-30-09. • Fed issues implementing regulation for the MDIA on May 8, 2009.

4. Goal of Regulation Z Changes • Provide additional consumer protections for mortgage and home-equity loans • Prevent unscrupulous subprime lending; other sections apply to all loans secured by a consumer’s principal dwelling • Protect consumers from unfair credit billing and credit card practices

5. Effective Dates • July 30, 2009: Early disclosure timing, re-disclosures and early fee collection rules • October 1, 2009: Advertising and higher-priced mortgage provisions (except the escrow rules) • April 1, 2010: Escrow requirements for first-lien higher- priced loans and HOEPA-covered loans • October 1, 2010: Escrow requirements for manufactured homes • July 1, 2010: Open-end credit card disclosures

6. Summary of Changes • Creates new category of loans – “higher-priced” mortgage loans and additional protection for these loans • Lenders are now required to evaluate a borrower’s ability to repay the loan. • Prohibits lenders and brokers from coercing a real estate appraiser regarding a home’s value. • Prohibits specific mortgage servicing practices.

7. Changes continued…. Additional advertising disclosures for loan rates, monthly payments Changes the advertising rules, specifically for RE-Secured loan ads New early TIL disclosure within three days after a consumer applies for a loan that will be secured by a consumer’s principal dwelling; early fee restrictions Note – this includes home equity loans, second homes or a loan to refinance a consumer’s existing REM.

8. Are You Ready ? ? Over 800 pages of guidance!

9. For All Mortgage Loans For all consumer purpose closed end secured by a consumer’s principal dwelling – Creditors & Brokers are prohibited from coercing an appraiser regarding value of a dwelling

10. For All Mortgage Loans Prohibits mortgage servicers from “pyramiding” late fees, failing to credit payments as of the date of receipt Mandates mortgage servicers provide loan payoff statements upon request within a reasonable time (5 days after request received)

11. Let’s Get Started! • One of the important concepts for the provision of the early TIL concerns the definition of “business day”…there are 2! • General Definition (as referenced in the preamble to the Reg)-Means a day on which the creditor’s offices are open to the public for carrying on substantially all of its business functions. • Precise Definition (per the preamble)-all calendar days except Sundays and specific legal public holidays’ • This is the definition for rescission purposes as well. • Applies to Sections 226.15, 226.19(a)(1)(ii), 226.19(a)(2), 226.23 and 226.31 Copyright 2009, Integrated Compliance Solutions, LLC 11

12. General Disclosure Requirements • The early disclosure requirements apply to: • Closed end loans that are: • Covered by RESPA and • Secured by a dwelling • Expanded to include any extensions of credit secured by the dwelling of a consumer (i.e., home refinance loans, home equity loans and 2nd homes) • Does not include HELOCs, business purpose, modifications, construction-only loans Copyright 2009, Integrated Compliance Solutions, LLC 12

13. Content of Early Disclosures New Notice Required on TIL Form: • Must include clearly and conspicuously: “You are not required to compete this agreement merely because you have received these disclosures or signed a loan application.” • Must be on Early TILs for all applications received on or after July 30, 2009. Copyright 2009, Integrated Compliance Solutions, LLC 13

14. Timing of Early Disclosures • Must be provided no later than 3 days (“general” definition) after receipt of a written application (received on or after July 30, 2009.) • The consumer cannot be required to pay any fee except for obtaining a credit report until the early TIL is received: • If given in person-received when handed to applicant • If mailed, deemed received 3 business days after mailing • Business day definition is that used for rescission. (Precise) • Must wait a minimum of 7 business days before loan can close • Begins when disclosures are delivered or placed in the mail • Closing can occur any time on 7th day after delivery Copyright 2009, Integrated Compliance Solutions, LLC 14

15. Counting the Days… Business day (Precise Definition) –Monday through Saturday, excluding Sundays and Federal Holidays. Period begins when early disclosures are delivered by the bank not when received by the consumer. Count like you would for rescission. Copyright 2009, Integrated Compliance Solutions, LLC 15

16. My Early TIL is Wrong!! • Triggered by APR outside of tolerance • No new disclosure required if APR is originally overstated or within tolerance (.125% fixed, .25% ARM/construction) • Need to provide • New set of disclosures • Do not need to highlight changes • Re-disclose only the changed terms • Must disclose all new terms. • For example, a different APR will probably require disclosure of a new finance charge and payment schedule Copyright 2009, Integrated Compliance Solutions, LLC 16

17. My Early TIL is Wrong!! • Corrected disclosure must be received by consumer no later than 3 business days before consummation • Depending on timing of discovery of error, creditor may be required to delay closing • If delivered in person, consummation may occur any time on the 3rd business day following delivery (Precise definition) • If provided by mail, the consumer is considered to have received disclosures 3 business days after they are placed in the mail • This also applies to electronic mail or courier delivery • If electronic disclosures are provided consistent with the E-SIGN Act or overnight courier is used, creditor can rely on evidence of actual delivery such as a certified mail receipt or email to determine start of 3 business day waiting period. Copyright 2009, Integrated Compliance Solutions, LLC 17

18. My Early TIL is Wrong!! • Assume loan is to close June 11 with a disclosed APR of 7.00%. • On June 11, the APR will be 7.10%. A corrected disclosure is not needed • On June 11, the APR will be 7.15%. A corrected disclosure is needed Copyright 2009, Integrated Compliance Solutions, LLC 18

19. My Early TIL is Wrong!! What happens in revised disclosure is mailed? Copyright 2009, Integrated Compliance Solutions, LLC 19

20. My Early TIL is Wrong!! Remember! Consummation may not occur until both the 7 business day waiting period and the 3 business day waiting periods have expired. Copyright 2009, Integrated Compliance Solutions, LLC 20

21. My Early TIL is Wrong!! Remember! Consummation may not occur until both the 7 business day waiting period and the 3 business day waiting periods have expired. Copyright 2009, Integrated Compliance Solutions, LLC 21

22. Consumer Waiver • A consumer may waive or modify the right to the 7 or additional 3-day waiting period after disclosures are made, provided… • Consumer must have a bona fide personal financial emergency • Bona fide personal financial emergency is to be based on the facts of each case. No examples given in regulation. • Should not be used routinely • Waiver must • Be written (preprinted forms not allowed) • Consistent with the requirements of waiver for a rescission period • Signed by each consumer who will be primarily liable on the legal obligation • If multiple consumers are liable, creditor may provide disclosures to one Copyright 2009, Integrated Compliance Solutions, LLC 22

23. Rules for Timeshares If the APR becomes inaccurate, creditor must disclose all changed terms no later than consummation or settlement. (3 days does not apply) General definition of business days apply: days creditors offices are open to the public for carrying on substantially all of its business functions. Copyright 2009, Integrated Compliance Solutions, LLC 23

24. Let’s Summarize…. Provide early TIL disclosures to all consumer dwelling-related applicants within three days of receipt of the application (old timing) Can only charge a fee for a credit report prior to the consumer’s receipt of the TIL disclosure Must include the statement “You are not required to complete this agreement merely because you have received these disclosures or signed a loan application.” on the early TIL Must re-disclose if a TIL disclosure is inaccurate Consummation of the loan cannot take place any earlier than the seventh business day (“precise”) from the day the early TIL was provided If a corrected TIL was provided, consummation of the loan may not occur until three business days (“precise”) after the consumer receives the corrected TIL Can waive waiting periods for only bona fide personal financial emergency For timeshares, provide the TIL the earlier of within three business days of receipt of an application or before consummation occurs, whichever is earlier Copyright 2009, Integrated Compliance Solutions, LLC 24

25. New Category of Loan “Higher Priced” Mortgage Loan – Is a consumer-purpose closed-end loan secured by a consumer’s principal dwelling and having an annual percentage rate (APR) that exceeds the “average prime offer rate” for a comparable transaction published by the Board by at least 1.5 percentage points for first-lien loans, or 3.5 percentage points for subordinate lien loans. Determine after Rate Lock or the last time the rate is set prior to closing (has to be “final” APR).

26. Business Day Requirements General Precise Definition Regulatory Requirement • Initial disclosures: 3 BD of application • Consumer presumed receipt: 3 BD after mailing disclosures • Consummation can occur: 7 BD from providing or mailing disclosures • Corrected disclosure received: 3 BD before consummation • Time share disclosures: 3 BD of application • Right of rescission: 3 BD from consummation • Reverse mortgage consummation: 3 BD after receipt of disclosures BD=Business Day Copyright 2009, Integrated Compliance Solutions, LLC 26

27. Average Prime Offer Rate? For the foreseeable future, the Board will obtain or, as applicable, derive average prime offer rates from the Freddie Mac Primary Mortgage Market Survey. They will be published each Thursday. Comparable Transaction Tables are now available on the FFIEC’s Rate Spread Calculator page in Excel format: http://www.ffiec.gov/ratespread/default.aspx

28. “Higher Priced” Mortgage Loan Includes home purchase loans, refinances and equity installment loans (all typical closed-end RE products, all lien positions) Excludes: reverse mortgages, construction-only loans, HELOCs and Bridge loans

29. Higher Priced Mortgage Loans Protections for these loans include – Must verify consumer’s ability to repay from sources other than the collateral Must verify income and assets you are relying on to repay the debt (with documents!) Prohibits prepayment penalties – with a few exceptions Requires lenders to establish escrow accounts for taxes and insurance

30. Higher Priced Mortgage Loans WARNING: You cannot make an equity loan that would fail the HPM test into a HELOC to avoid the rules. That would be a serious violation under the revised regulation!

31. Ability to Pay Verifying repayment ability has been made a requirement (most of you are already doing this anyway) Sources of repayment ability include current and reasonably expected income, employment, and assets other than the collateral Verify using 3rd party documents: W-2, tax returns, bank statements, etc.

32. Ability to Pay Rule requires assessing not just the consumer’s ability to pay loan principal and interest, but also the consumer’s ability to pay property taxes, homeowners insurance, homeowner’s association dues, condominiumfees and similar mortgage-related expenses. Creditor is responsible for assessing repayment ability as of consummation.

33. Ability to Pay A creditor is presumed to have complied if each of three requirements are satisfied: Verifying repayment ability; Determining the repayment ability using “largest scheduled payment” of principal and interest in the first 7 years following consummation and taking into account property tax and insurance obligations and similar mortgage-related expenses; and

34. Ability to Pay Assessing the consumer’s repayment ability using at least one of the following measures: a ratio of total debt obligations to income, or the income the consumer will have left over after paying debt obligations.

35. Largest Scheduled Payment Creditor will have a presumption of compliance if the creditor uses the largest scheduled payment of principal and interest in the first 7 years This payment could be higher, or lower, than the payment determined according to the fully indexed rate and fully-amortizing payment

36. Pre-Payment Penalties For both higher-priced mortgage loans and HOEPA loans prepayment penalties are prohibited on 4-year fixed term or lower ARMs Higher-priced mortgage loans & HOEPA loans—greater than 4/1 ARMs—have limited prepayment penalty periods to a maximum of two years following consummation

37. Pre-Payment Penalties Warning – The penalty must be permitted by other applicable state law, and it must not apply in the case of a refinancing by the same creditor or its affiliate.

38. Pre-Payment Penalties A higher priced mortgage loan (whether or not it is a HOEPA loan) having a prepayment penalty that does not conform to these requirements is subject to a three-year right of rescission The right of rescission, however, does not extend to home purchase loans, and construction loans

39. Escrow Requirement Must establish an escrow account for property taxes and homeowners insurance on a higher priced mortgage loan secured by a first lien on a principal dwelling (watch 1st lien “equity loans”!)

40. Escrow Requirement A creditor may allow a consumer to cancel the escrow account, but no sooner than 12 months after consummation

41. Escrow Requirement Escrows required for all covered loans secured by site-built homes for which creditors receive applications on or after April 1, 2010 and for all covered loans secured by manufactured housing for which creditors receive applications on or after October 1, 2010.

42. Servicing No servicer shall: Fail to credit a consumer’s periodic payment as of the date received;

43. Prompt Credit of Payment Rule does not require a servicer to physically enter the payment on the date received, but requires only that it be credited as of the date received.

44. Servicing No servicer shall – Impose a late fee or delinquency charge where the late fee or delinquency charge is due only to a consumer’s failure to include in a current payment a late fee or delinquency charge imposed on earlier payments (“pyramiding” late charges);

45. Servicing No servicer shall – Fail to provide an accurate payoff statement within a reasonable time of request Five business days would normally be a reasonable time to provide the statements under most circumstances

46. Servicing A Servicer may specify reasonable requirements for making payoff requests such as requiring requests to be in writing and directed to a specific address, e-mail address or fax number specified by the servicer, or orally to a specified telephone number, or any other reasonable requirement or method.

47. New Advertising Rules All Mortgage loan advertisements must provide accurate and balanced information Can not contain misleading or deceptive representations

48. Advertising Rules Apply to open-end and closed-end mortgage loans Must provide accurate and balanced information, in a clear and conspicuous manner, about rates and monthly payments Closed-end installment ad rules did not change (auto, personal, etc.)

49. Advertising Rules WEBSITE: You may use a clear link to “triggered” terms rather than having all of the disclosures on the same page as the “triggering terms”. Note: Unlike Truth In Savings, there is no dispensation for indoor signs and other media for Reg. Z. All commercial message media are subject to the above (radio, TV, brochures, signs, POS displays, etc.). TV and Radio: TV and Radio Ads that contain “triggering terms” may comply one of two ways: 1. Include all of the “triggered” information required; or 2. Provide the APR and then provide a toll-free number for consumers to call and instructions that they call that number to obtain more information about credit costs and terms. This should be clearly spoken or legible.

50. Advertising Rules Prohibition for seven deceptive or misleading practices in advertisements for closed end mortgage loans: