12 C.F.R. §1026.35 - Requirements for higher-priced mortgage loans

Cite as12 C.F.R. §1026.35
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3 cases
  • Fair Hous. Ctr. of Cent. Ind. v. Rainbow Realty Grp., Cause No. 1:17-cv-1782 RLM-TAB
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Southern District of Indiana)
    • March 27, 2020
    ...§ 1026.32(c); and(4) Provide customers with a written appraisal performed by a licensed or certified appraiser. 15 U.S.C. § 1639h; 12 C.F.R. § 1026.35(c)(6).They allege that these are common claims because Rainbow's repayment determination process is "virtually nonexistent" and Rainbow itse......
  • Sahni v. Tajima (In re Tajima), BAP CC-21-1249-TLG
    • United States
    • Bankruptcy Appellate Panels. U.S. Bankruptcy Appellate Panel, Ninth Circuit
    • August 15, 2022
    ...Cir. BAP 2003). [3] Debtors computed interest as the "Average Prime Offer Rate of 4.39% plus 3.5% interest for subordinate lien under 12 CFR 1026.35(a)(iii)." [4] The confirmation order states that this equates to total plan payments of $180,730.92. [5] The parties stipulated to continue th......
  • Sahni v. Tajima (In re Tajima), BAP CC-21-1249-TLG
    • United States
    • Bankruptcy Appellate Panels. U.S. Bankruptcy Appellate Panel, Ninth Circuit
    • August 15, 2022
    ...Cir. BAP 2003). [3] Debtors computed interest as the "Average Prime Offer Rate of 4.39% plus 3.5% interest for subordinate lien under 12 CFR 1026.35(a)(iii)." [4] The confirmation order states that this equates to total plan payments of $180,730.92. [5] The parties stipulated to continue th......
10 firm's commentaries
  • CFPB Ability-to-Repay and Qualified Mortgage Standards under the Truth in Lending Act (Regulation Z) – Full Text Copy
    • United States
    • JD Supra United States
    • January 10, 2013
    ...are determined by higher loan pricing threshold tests. See 12 CFR 226.35(a)(1), since codified in parallel by the Bureau at 12 CFR 1026.35(a)(1). 24 category of loans was designed to include subprime credit. Specifically, the Board exercised its authority to revise HOEPA’s restrictions on h......
  • Can You Keep Up? Emergence of CFPB and Significant Developments Transform Consumer Finance Landscape
    • United States
    • JD Supra United States
    • March 21, 2014
    ...23, 2013. Another rule amending Regulation Z altered the requirement to establish escrow accounts for higher priced mortgage loans. 12 C.F.R. § 1026.35. A joint rule along with the Office of the Comptroller of the Currency, the Federal Reserve Board, the National Credit Union Administration......
  • OCC Revises Comptroller’s Handbook Booklet On TILA
    • United States
    • Mondaq United States
    • January 12, 2015
    ...CFR 1026.32), appraisal-related requirements, loan originator compensation and qualifications, higher-priced mortgage loans (defined in 12 CFR 1026.35), determination of the consumer's ability to repay, adjustable rate mortgage disclosures, mortgage servicing, and pre-loan counseling. With ......
  • OCC Revises Comptroller’s Handbook Booklet on TILA
    • United States
    • LexBlog United States
    • December 30, 2014
    ...CFR 1026.32), appraisal-related requirements, loan originator compensation and qualifications, higher-priced mortgage loans (defined in 12 CFR 1026.35), determination of the consumer’s ability to repay, adjustable rate mortgage disclosures, mortgage servicing, and pre-loan counseling. With ......
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