On Thursday, December 26, 2013, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, National Credit Union Administration, Bureau of Consumer Financial Protection (the “Bureau”), Federal Deposit Insurance Corporation and Federal Housing Finance Agency (collectively, the “Agencies”) published supplemental final rules in the Federal Register amending the Bureau’s Regulation Z, which implements the Truth in Lending Act (the “Act”). Prior changes to the Act and Regulation Z had been made to implement the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act with respect to appraisals for “higher-risk mortgages.” Final rules had been published in the Federal Register in February (see this publication on February 20, 2013), but the final rules indicated that the Agencies would be issuing proposed rules to exempt certain types of higher-risk mortgages. The proposed rules were issued on July 10, 2013.
The Act generally defines a “higher-risk mortgage” as a closed-end consumer transaction secured by a principal dwelling, and having an annual percentage rate (or “APR”) of 1.5% above the average prime offer rate (or “APOR”) for first-lien loans, 2.5% above the APOR for first-lien jumbo loans and 3.5% above the APOR for junior-lien loans. The final rules refer to “higher-risk mortgages” as “higher-priced mortgage loans” (“HPMLs”), the current terminology in Regulation Z, and require the creditor to determine whether a loan is an HPML by comparing the APR to the APOR.
The supplemental final rules exempt the following types of HPMLs from the appraisal requirements of the Act:
Except as set forth above, these supplemental final rules will take effect on January 18, 2014.