12 CFR 226.32 - Requirements for certain closed-end home mortgages

Cite as12 CFR 226.32
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165 practice notes
  • Part III
    • United States
    • Federal Register July 30, 2008
    • July 30, 2008
    ...at consummation does not exceed 50 percent; and the penalty is not prohibited under other applicable law. 15 U.S.C. 1639(c); see also 12 CFR 226.32(d)(6) and (7). In addition, the Board proposed, for both HOEPA loans and higher-priced mortgage loans, to require that the penalty period expir......
  • Truth in Lending,
    • United States
    • Federal Register January 09, 2008
    • January 9, 2008
    ...not exceed five years from loan consummation; and the penalty is not prohibited under other applicable law. 15 U.S.C. 1639(c); see also 12 CFR 226.32(d)(6) and (7). The Board proposes to apply these restrictions to higher-priced mortgage loans. In addition, the Board proposes to require tha......
  • Part II
    • United States
    • Federal Register January 09, 2008
    • January 9, 2008
    ...not exceed five years from loan consummation; and the penalty is not prohibited under other applicable law. 15 U.S.C. 1639(c); see also 12 CFR 226.32(d)(6) and (7). The Board proposes to apply these restrictions to higher-priced mortgage loans. In addition, the Board proposes to require tha......
  • In re Strong, Bankruptcy No. 01-35854F.
    • United States
    • United States Bankruptcy Courts. Third Circuit. U.S. Bankruptcy Court — Eastern District of Pennsylvania
    • August 31, 2004
    ...codified, in part, at 15 U.S.C. § 1639, because the "points and fees" did not exceed 8% of the loan amount. See 15 U.S.C. § 1602(aa); 12 C.F.R. § 226.32(a)(1)(ii). 4. The defendant did not violate the provisions of the federal Truth in Lending Act (TILA), 15 U.S.C. §§ 1601 et seq., and Regu......
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135 cases
  • In re Strong, Bankruptcy No. 01-35854F.
    • United States
    • United States Bankruptcy Courts. Third Circuit. U.S. Bankruptcy Court — Eastern District of Pennsylvania
    • August 31, 2004
    ...codified, in part, at 15 U.S.C. § 1639, because the "points and fees" did not exceed 8% of the loan amount. See 15 U.S.C. § 1602(aa); 12 C.F.R. § 226.32(a)(1)(ii). 4. The defendant did not violate the provisions of the federal Truth in Lending Act (TILA), 15 U.S.C. §§ 1601 et seq., and Regu......
  • Short v. Wells Fargo Bank Minnesota, N.A., No. CIV.A. 3:04-1096.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • November 18, 2005
    ...or before closing will exceed the greater of — (i) 8 percent of the total loan amount; or (ii) $400. 15 U.S.C. § 1602(aa). See also 12 C.F.R. § 226.32(a)(1)(ii). Regulation Z, 12 C.F.R. § 226.1, et seq., which implements TILA and HOEPA, defines points and fees as including the Page 557 (1) ......
  • In re Macklin, Case No.: 05-12750-BGC-13 (Bankr. N.D. Ala. 9/23/2009), Case No.: 05-12750-BGC-13.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Northern District of Alabama
    • September 23, 2009
    ...mortgage loans, that she was entitled to the disclosures required by the Home Ownership and Equity Protection Act. 15 U.S.C. § 1639; 12 C.F.R. § 226.32. She claims that she was entitled to those disclosures in connection with the June 7, 2005, mortgage loan because the interest rate of 19.7......
  • Hamilton v. Bank of Blue Valley, Case No. CV F 10–1740 LJO SKO.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • October 20, 2010
    ...payable by the consumer exceed eight percent of the “total loan amount,” or $400, whichever is greater. 15 U.S.C. § 1602(aa)(1), (3); 12 C.F.R. § 226.32(a)(1). A plaintiff “must allege facts supporting a conclusion that HOEPA applies to the Loan, under the requirements of [15 U.S.C.] § 1602......
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3 firm's commentaries
  • A Cure for What Ails You – Or At Least One Thing That Does: CFPB’s Cure for “Points and Fees” Mistakes
    • United States
    • JD Supra United States
    • November 18, 2014
    ...(Regulation Z); Final Rule,” 78 Fed. Reg. 6,408 (Jan. 30, 2013) (initially provided on the CFPB’s website on Jan. 10, 2013). [6] See 12 C.F.R. § 226.32(b)(1) [7] See 12 C.F.R. § 1026.32(b)(1). [8] The reasonableness of the charge determines, in part, whether a real-estate related fee (or “4......
  • Final Rule Governing Loan Originator Compensation Practices
    • United States
    • JD Supra United States
    • September 1, 2010
    ...is controlled by, or is under common control with another company, citing the definition in the Bank Holding Company Act of 1956. See 12 C.F.R. §226.32(b)(2). • Prohibition on Steering (Section 226.36(e)(1) of Regulation Z)  A loan originator may not direct (“steer”) a consumer into a cred......
  • Final Rule Governing Loan Originator Compensation Practices
    • United States
    • Mondaq United States
    • September 8, 2010
    ...is controlled by, or is under common control with another company, citing the definition in the Bank Holding Company Act of 1956. See 12 C.F.R. §226.32(b)(2). Prohibition on Steering (Section 226.36(e)(1) of Regulation Z) A loan originator may not direct ("steer") a consumer into a credit t......
2 books & journal articles
  • Vol. 28, No. 5 #9 (October 2005). Predatory Lending: The Hidden Scourge of the Housing Boom.
    • United States
    • Wyoming Bar Journal Nbr. 2005, January 2005
    • January 1, 2005
    ...(N.D. Ill. 2003); Bynum v. Equitable Mortgage Group, 2005 WL 818619 (D.D.C. 2005). 11 12 U.S.C. 2601-16. 12 15 U.S.C. 1602(aa)(1); 12 C.F.R. 226.32(a). 13 12 C.F.R. 226.31(c) (HOEPA timing), 12 C.F.R. 226,17(b) (TILA timing for closed-end 14 15 U.S.C. 1639; 12 C.F.R. 226.32(c) and .34. For ......
  • CITIES AS ENGINES OF JUSTICE.
    • United States
    • Fordham Urban Law Journal Vol. 45 Nbr. 5, November 2018
    • November 1, 2018
    ...(11.) See, e.g., Federal Trade Commission Act, 15 U.S.C. ch. 2 [section][section] 41-58 (2006); Home Ownership and Equity Protection Act, 12 CFR 226.32; Truth in Lending Act, 15 U.S.C. [section] 1601 et seq. (12.) See, e.g., Clean Air Act, 42 U.S.C. [section] 7401 et seq. (1970); Clean Wate......
1 provisions
  • Chapter 24, HB 393 – An act relating to reorganization
    • United States
    • Kentucky Session Laws
    • January 1, 2010
    ...1602(aa), as the same may be amended from time to time, and regulations adopted pursuant thereto by the Federal Reserve Board, including 12 C.F.R. 226.32, as the same may be amended from time to time; b. The total points and fees payable by the borrower at or before the loan closing exceed ......

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