(a) Reverse mortgage transactions subject to RESPA.
(1) (i) Time of disclosures. In a reverse mortgage
transaction subject to both section 1026.33 and the Real Estate Settlement
Procedures Act (12 U.S.C. 2601 et seq.) that is secured by
the consumer’s dwelling, the creditor shall provide the consumer with
good faith estimates of the disclosures required by section 1026.18
and shall deliver or place them in the mail not later than the third
business day after the creditor receives the consumer’s written application.
(ii) Imposition of fees. Except as provided
in paragraph (a)(1)(iii) of this section, neither a creditor nor any
other person may impose a fee on a consumer in connection with the
consumer’s application for a reverse mortgage transaction subject
to paragraph (a)(1)(i) of this section before the consumer has received
the disclosures required by paragraph (a)(1)(i) of this section. If
the disclosures are mailed to the consumer, the consumer is considered
to have received them three business days after they are mailed.
(iii) Exception to fee restriction. A creditor
or other person may impose a fee for obtaining the consumer’s credit
history before the consumer has received the disclosures required
by paragraph (a)(1)(i) of this section, provided the fee is bona
fide and reasonable in amount.
(2) Waiting periods
for early disclosures and corrected disclosures.
(i) The creditor
shall deliver or place in the mail the good faith estimates required
by paragraph (a)(1)(i) of this section not later than the seventh
business day before consummation of the transaction.
(ii) If the annual percentage rate disclosed
under paragraph (a)(1)(i) of this section becomes inaccurate, as defined
in section 1026.22, the creditor shall provide corrected disclosures
with all changed terms. The consumer must receive the corrected disclosures
no later than three business days before consummation. If the corrected
disclosures are mailed to the consumer or delivered to the consumer
by means other than delivery in person, the consumer is deemed to
have received the corrected disclosures three business days after
they are mailed or delivered.
(3) Consumer’s
waiver of waiting period before consummation. If the consumer
determines that the extension of credit is needed to meet a bona
fide personal financial emergency, the consumer may modify or
waive the seven-business-day waiting period or the three-business-day
waiting period required by paragraph (a)(2) of this section, after
receiving the disclosures required by section 1026.18. To modify or
waive a waiting period, the consumer shall give the creditor a dated
written statement that describes the emergency, specifically modifies
or waives the waiting period, and bears the signature of all the consumers
who are primarily liable on the legal obligation. Printed forms for
this purpose are prohibited.
(4) Notice. Disclosures made pursuant to paragraph (a)(1) or paragraph (a)(2)
of this section shall contain the following statement: “You are not
required to complete this agreement merely because you have received
these disclosures or signed a loan application.” The disclosure required
by this paragraph shall be grouped together with the disclosures required
by paragraphs (a)(1) or (a)(2) of this section.
6-5851
(b) Certain variable-rate transactions. Except as provided in paragraph (d) of this section, if the annual
percentage rate may increase after consummation in a transaction secured
by the consumer’s principal dwelling with a term greater than one
year, the following disclosures must be provided at the time an application
form is provided or before the consumer pays a non-refundable fee,
whichever is earlier (except that the disclosures may be delivered
or placed in the mail not later than three business days following
receipt of a consumer’s application when the application reaches the
creditor by telephone, or through an intermediary agent or broker):
(1) The booklet titled Consumer Handbook
on Adjustable Rate Mortgages, or a suitable substitute.
(2) A loan program disclosure
for each variable-rate program in which the consumer expresses an
interest. The following disclosures, as applicable, shall be provided:
(i) The fact that the interest rate, payment, or term of the loan
can change.
(ii)
The index or formula used in making adjustments, and a source of information
about the index or formula.
(iii) An explanation of how the interest
rate and payment will be determined, including an explanation of how
the index is adjusted, such as by the addition of a margin.
(iv) A statement that the
consumer should ask about the current margin value and current interest
rate.
(v) The fact
that the interest rate will be discounted, and a statement that the
consumer should ask about the amount of the interest rate discount.
(vi) The frequency
of interest rate and payment changes.
(vii) Any rules relating to changes
in the index, interest rate, payment amount, and outstanding loan
balance including, for example, an explanation of interest rate or
payment limitations, negative amortization, and interest rate carryover.
(viii) At the option
of the creditor, either of the following:
(A) A historical example,
based on a $10,000 loan amount, illustrating how payments and the
loan balance would have been affected by interest rate changes implemented
according to the terms of the loan program disclosure. The example
shall reflect the most recent 15 years of index values. The example
shall reflect all significant loan program terms, such as negative
amortization, interest rate carryover, interest rate discounts, and
interest rate and payment limitations, that would have been affected
by the index movement during the period.
(B) The maximum interest rate and payment
for a $10,000 loan originated at the initial interest rate (index
value plus margin, adjusted by the amount of any discount or premium)
in effect as of an identified month and year for the loan program
disclosure assuming the maximum periodic increases in rates and payments
under the program; and the initial interest rate and payment for that
loan and a statement that the periodic payment may increase or decrease
substantially depending on changes in the rate.
(ix) An explanation of
how the consumer may calculate the payments for the loan amount to
be borrowed based on either:
(A) The most recent payment shown
in the historical example in paragraph (b)(2)(viii)(A) of this section;
or
(B) The initial interest
rate used to calculate the maximum interest rate and payment in paragraph
(b)(2)(viii)(B) of this section.
(x) The fact that the loan program contains
a demand feature.
(xi) The type of information that will be provided in notices of
adjustments and the timing of such notices.
(xii) A statement that disclosure forms
are available for the creditor’s other variable-rate loan programs.
6-5852
(c) Electronic
disclosures. For an application that is accessed by the consumer
in electronic form, the disclosures required by paragraph (b) of this
section may be provided to the consumer in electronic form on or with
the application.
(d) Information provided in accordance
with variable-rate regulations of other Federal agencies may be substituted
for the disclosures required by paragraph (b) of this section.
(e) Mortgage loans—early
disclosures.
(1) Provision
of disclosures.
(i) Creditor. In a closed-end consumer credit transaction secured by real property
or a cooperative unit, other than a reverse mortgage subject to section
1026.33, the creditor shall provide the consumer with good faith estimates
of the disclosures in section 1026.37.
(ii) Mortgage
broker.
(A) If a mortgage broker receives a consumer’s
application, either the creditor or the mortgage broker shall provide
a consumer with the disclosures required under paragraph (e)(1)(i)
of this section in accordance with paragraph (e)(1)(iii) of this section.
If the mortgage broker provides the required disclosures, the mortgage
broker shall comply with all relevant requirements of this paragraph
(e). The creditor shall ensure that such disclosures are provided
in accordance with all requirements of this paragraph (e). Disclosures
provided by a mortgage broker in accordance with the requirements
of this paragraph (e) satisfy the creditor’s obligation under this
paragraph (e).
(B) If
a mortgage broker provides any disclosure under section 1026.19(e),
the mortgage broker shall also comply with the requirements of section
1026.25(c).
(iii) Timing.
(A) The creditor shall deliver or place in the mail the disclosures
required under paragraph (e)(1)(i) of this section not later than
the third business day after the creditor receives the consumer’s
application, as defined in section 1026.2(a)(3).
(B) Except as set forth in paragraph (e)(1)(iii)(C)
of this section, the creditor shall deliver or place in the mail the
disclosures required under paragraph (e)(1)(i) of this section not
later than the seventh business day before consummation of the transaction.
(C) For a transaction secured
by a consumer’s interest in a timeshare plan described in 11 U.S.C.
101(53D), paragraph (e)(1)(iii)(B) of this section does not apply.
(iv) Receipt of early disclosures. If any disclosures
required under paragraph (e)(1)(i) of this section are not provided
to the consumer in person, the consumer is considered to have received
the disclosures three business days after they are delivered or placed
in the mail.
(v) Consumer’s waiver of waiting period before consummation. If the consumer determines that the extension of credit is needed
to meet a bona fide personal financial emergency, the consumer
may modify or waive the seven-business-day waiting period for early
disclosures required under paragraph (e)(1)(iii)(B) of this section,
after receiving the disclosures required under paragraph (e)(1)(i) of this
section. To modify or waive the waiting period, the consumer shall
give the creditor a dated written statement that describes the emergency,
specifically modifies or waives the waiting period, and bears the
signature of all the consumers who are primarily liable on the legal
obligation. Printed forms for this purpose are prohibited.
(vi) Shopping for settlement service providers.
(A) Shopping permitted. A creditor permits
a consumer to shop for a settlement service if the creditor permits
the consumer to select the provider of that service, subject to reasonable
requirements.
(B) Disclosure of services. The creditor shall
identify the settlement services for which the consumer is permitted
to shop in the disclosures required under paragraph (e)(1)(i) of this
section.
(C) Written list of providers. If the consumer
is permitted to shop for a settlement service, the creditor shall
provide the consumer with a written list identifying available providers
of that settlement service and stating that the consumer may choose
a different provider for that service. The creditor must identify
at least one available provider for each settlement service for which
the consumer is permitted to shop. The creditor shall provide this
written list of settlement service providers separately from the disclosures
required by paragraph (e)(1)(i) of this section but in accordance
with the timing requirements in paragraph (e)(1)(iii) of this section.
(2) Predisclosure activity.
(i) Imposition of fees on consumer.
(A) Fee restriction. Except as provided in
paragraph (e)(2)(i)(B) of this section, neither a creditor nor any
other person may impose a fee on a consumer in connection with the
consumer’s application for a mortgage transaction subject to paragraph
(e)(1)(i) of this section before the consumer has received the disclosures
required under paragraph (e)(1)(i) of this section and indicated to
the creditor an intent to proceed with the transaction described by
those disclosures. A consumer may indicate an intent to proceed with
a transaction in any manner the consumer chooses, unless a particular
manner of communication is required by the creditor. The creditor
must document this communication to satisfy the requirements of section
1026.25.
(B) Exception to fee restriction. A creditor
or other person may impose a bona fide and reasonable fee for
obtaining the consumer’s credit report before the consumer has received
the disclosures required under paragraph (e)(1)(i) of this section.
(ii) Written information provided to consumer. If a creditor or other person provides a consumer with a written
estimate of terms or costs specific to that consumer before the consumer
receives the disclosures required under paragraph (e)(1)(i) of this
section, the creditor or such person shall clearly and conspicuously
state at the top of the front of the first page of the estimate in
a font size that is no smaller than 12-point font: “Your actual rate,
payment, and costs could be higher. Get an official Loan Estimate
before choosing a loan.” The written estimate of terms or costs may
not be made with headings, content, and format substantially similar
to form H-24 or H-25 of appendix H to this part.
(iii) Verification
of information. The creditor or other person shall not require
a consumer to submit documents verifying information related to the
consumer’s application before providing the disclosures required by
paragraph (e)(1)(i) of this section.
(3) Good faith
determination for estimates of closing costs.
(i) General rule. An estimated closing cost
disclosed pursuant to paragraph (e) of this section is in good faith
if the charge paid by or imposed on the consumer does not exceed the
amount originally disclosed under paragraph (e)(1)(i) of this section,
except as otherwise provided in paragraphs (e)(3)(ii) through (iv)
of this section.
(ii) Limited increases permitted for certain
charges. An estimate of a charge for a third-party service or
a recording fee is in good faith if:
(A) The aggregate amount
of charges for third-party services and recording fees paid by or
imposed on the consumer does not exceed the aggregate amount of such
charges disclosed under paragraph (e)(1)(i) of this section by more
than 10 percent;
(B) The
charge for the third-party service is not paid to the creditor or
an affiliate of the creditor; and
(C) The creditor permits the consumer to shop
for the third-party service, consistent with paragraph (e)(1)(vi)
of this section.
(iii) Variations
permitted for certain charges. An estimate of any of the charges
specified in this paragraph (e)(3)(iii) is in good faith if it is
consistent with the best information reasonably available to the creditor
at the time it is disclosed, regardless of whether the amount paid
by the consumer exceeds the amount disclosed under paragraph (e)(1)(i)
of this section. For purposes of paragraph (e)(1)(i) of this section,
good faith is determined under this paragraph (e)(3)(iii) even if
such charges are paid to the creditor or affiliates of the creditor,
so long as the charges are bona fide:
(A) Prepaid interest;
(B) Property insurance premiums;
(C) Amounts placed into an
escrow, impound, reserve, or similar account;
(D) Charges paid to third-party service providers
selected by the consumer consistent with paragraph (e)(1)(vi)(A) of
this section that are not on the list provided under paragraph (e)(1)(vi)(C)
of this section; and
(E)
Property taxes and other charges paid for third-party services not
required by the creditor.
(iv) Revised
estimates. For the purpose of determining good faith under paragraph
(e)(3)(i) and (ii) of this section, a creditor may use a revised estimate
of a charge instead of the estimate of the charge originally disclosed
under paragraph (e)(1)(i) of this section if the revision is due to
any of the following reasons:
(A) Changed circumstance affecting settlement charges. Changed circumstances
cause the estimated charges to increase or, in the case of estimated
charges identified in paragraph (e)(3)(ii) of this section, cause
the aggregate amount of such charges to increase by more than 10 percent.
For purposes of this paragraph, “changed circumstance” means:
(1) An extraordinary event beyond
the control of any interested party or other unexpected event specific
to the consumer or transaction;
(2) Information specific to the consumer
or transaction that the creditor relied upon when providing the disclosures
required under paragraph (e)(1)(i) of this section and that was inaccurate
or changed after the disclosures were provided; or
(3) New information specific to the
consumer or transaction that the creditor did not rely on when providing
the original disclosures required under paragraph (e)(1)(i) of this
section.
(B) Changed circumstance affecting eligibility. The consumer is ineligible for an estimated charge previously disclosed
because a changed circumstance, as defined under paragraph (e)(3)(iv)(A)
of this section, affected the consumer’s creditworthiness or the value
of the security for the loan.
(C) Revisions requested
by the consumer. The consumer requests revisions to the credit
terms or the settlement that cause an estimated charge to increase.
(D) Interest rate dependent charges. The points or lender credits
change because the interest rate was not locked when the disclosures
required under paragraph (e)(1)(i) of this section were provided.
No later than three business days after the date the interest rate
is locked, the creditor shall provide a revised version of the disclosures
required under paragraph (e)(1)(i) of this section to the consumer
with the revised interest rate, the points disclosed pursuant to section
1026.37(f)(1), lender credits, and any other interest rate dependent
charges and terms.
(E) Expiration. The consumer indicates an intent
to proceed with the transaction more than 10 business days, or more
than any additional number of days specified by the creditor before
the offer expires, after the disclosures required under paragraph
(e)(1)(i) of this section are provided pursuant to paragraph (e)(1)(iii)
of this section.
(F) Delayed settlement date on a construction loan. In transactions involving new construction, where the creditor reasonably
expects that settlement will occur more than 60 days after the disclosures
required under paragraph (e)(1)(i) of this section are provided pursuant
to paragraph (e)(1)(iii) of this section, the creditor may provide
revised disclosures to the consumer if the original disclosures required
under paragraph (e)(1)(i) of this section state clearly and conspicuously
that at any time prior to 60 days before consummation, the creditor
may issue revised disclosures. If no such statement is provided, the
creditor may not issue revised disclosures, except as otherwise provided
in paragraph (e)(3)(iv) of this section.
(4) Provision and receipt of revised disclosures.
(i) General
rule. Subject to the requirements of paragraph (e)(4)(ii) of
this section, if a creditor uses a revised estimate pursuant to paragraph
(e)(3)(iv) of this section for the purpose of determining good faith
under paragraphs (e)(3)(i) and (ii) of this section, the creditor
shall provide a revised version of the disclosures required under
paragraph (e)(1)(i) of this section or the disclosures required under
paragraph (f)(1)(i) of this section (including any corrected disclosures
provided under paragraph (f)(2)(i) or (ii) of this section) reflecting
the revised estimate within three business days of receiving information
sufficient to establish that one of the reasons for revision provided
under paragraphs (e)(3)(iv)(A) through (F) of this section applies.
(ii) Relationship between revised loan estimates
and closing disclosures. The creditor shall not provide a revised
version of the disclosures required under paragraph (e)(1)(i) of this
section on or after the date on which the creditor provides the disclosures
required under paragraph (f)(1)(i) of this section. The consumer must
receive any revised version of the disclosures required under paragraph
(e)(1)(i) of this section not later than four business days prior
to consummation. If the revised version of the disclosures required
under paragraph (e)(1)(i) of this section is not provided to the consumer
in person, the consumer is considered to have received such version
three business days after the creditor delivers or places such version
in the mail.
(f) Mortgage loans—final disclosures.
(1) Provision
of disclosures.
(i) Scope. In a transaction subject to paragraph (e)(1)(i) of this section,
the creditor shall provide the consumer with the disclosures required
under section 1026.38 reflecting the actual terms of the transaction.
(ii) Timing.
(A) In general. Except as provided in paragraphs (f)(1)(ii)(B),
(f)(2)(i), (f)(2)(iii), (f)(2)(iv), and (f)(2)(v) of this section,
the creditor shall ensure that the consumer receives the disclosures
required under paragraph (f)(1)(i) of this section no later than three
business days before consummation.
(B) Timeshares. For transactions secured by a consumer’s interest in a timeshare
plan described in 11 U.S.C. 101(53D), the creditor shall ensure that the
consumer receives the disclosures required under paragraph (f)(1)(i)
of this section no later than consummation.
(iii) Receipt of disclosures. If any disclosures
required under paragraph (f)(1)(i) of this section are not provided
to the consumer in person, the consumer is considered to have received
the disclosures three business days after they are delivered or placed
in the mail.
(iv) Consumer’s waiver of waiting period before consummation. If the consumer determines that the extension of credit is needed
to meet a bona fide personal financial emergency, the consumer
may modify or waive the three-business-day waiting period under paragraph
(f)(1)(ii)(A) or (f)(2)(ii) of this section, after receiving the disclosures
required under paragraph (f)(1)(i) of this section. To modify or waive
the waiting period, the consumer shall give the creditor a dated written
statement that describes the emergency, specifically modifies or waives
the waiting period, and bears the signature of all consumers who are
primarily liable on the legal obligation. Printed forms for this purpose
are prohibited.
(v) Settlement agent. A settlement agent may
provide a consumer with the disclosures required under paragraph (f)(1)(i)
of this section, provided the settlement agent complies with all relevant
requirements of this paragraph (f). The creditor shall ensure that
such disclosures are provided in accordance with all requirements
of this paragraph (f). Disclosures provided by a settlement agent
in accordance with the requirements of this paragraph (f) satisfy
the creditor’s obligation under this paragraph (f).
(2) Subsequent changes.
(i) Changes before consummation not requiring a
new waiting period. Except as provided in paragraph (f)(2)(ii),
if the disclosures provided under paragraph (f)(1)(i) of this section
become inaccurate before consummation, the creditor shall provide
corrected disclosures reflecting any changed terms to the consumer
so that the consumer receives the corrected disclosures at or before
consummation. Notwithstanding the requirement to provide corrected
disclosures at or before consummation, the creditor shall permit the
consumer to inspect the disclosures provided under this paragraph,
completed to set forth those items that are known to the creditor
at the time of inspection, during the business day immediately preceding
consummation, but the creditor may omit from inspection items related
only to the seller’s transaction.
(ii) Changes
before consummation requiring a new waiting period. If one of
the following disclosures provided under paragraph (f)(1)(i) of this
section becomes inaccurate in the following manner before consummation,
the creditor shall ensure that the consumer receives corrected disclosures
containing all changed terms in accordance with the requirements of
paragraph (f)(1)(ii)(A) of this section:
(A) The annual percentage
rate disclosed under section 1026.38(o)(4) becomes inaccurate, as
defined in section 1026.22.
(B) The loan product is changed, causing the information disclosed
under section 1026.38(a)(5)(iii) to become inaccurate.
(C) A prepayment penalty is added,
causing the statement regarding a prepayment penalty required under
section 1026.38(b) to become inaccurate.
(iii) Changes due to events occurring after consummation. If during the 30-day period following consummation, an event in
connection with the settlement of the transaction occurs that causes
the disclosures required under paragraph (f)(1)(i) of this section
to become inaccurate, and such inaccuracy results in a change to an
amount actually paid by the consumer from that amount disclosed under
paragraph (f)(1)(i) of this section, the creditor shall deliver or
place in the mail corrected disclosures not later than 30 days after
receiving information sufficient to establish that such event has
occurred.
(iv) Changes due to clerical errors. A creditor
does not violate paragraph (f)(1)(i) of this section if the disclosures
provided under paragraph (f)(1)(i) contain non-numeric clerical errors,
provided the creditor delivers or places in the mail corrected disclosures
no later than 60 days after consummation.
(v) Refunds
related to the good faith analysis. If amounts paid by the consumer
exceed the amounts specified under paragraph (e)(3)(i) or (ii) of
this section, the creditor complies with paragraph (e)(1)(i) of this
section if the creditor refunds the excess to the consumer no later
than 60 days after consummation, and the creditor complies with paragraph
(f)(1)(i) of this section if the creditor delivers or places in the
mail corrected disclosures that reflect such refund no later than
60 days after consummation.
(3) Charges disclosed.
(i) Actual
charge. The amount imposed upon the consumer for any settlement
service shall not exceed the amount actually received by the settlement
service provider for that service, except as otherwise provided in
paragraph (f)(3)(ii) of this section.
(ii) Average
charge. A creditor or settlement service provider may charge
a consumer or seller the average charge for a settlement service if
the following conditions are satisfied:
(A) The average charge is
no more than the average amount paid for that service by or on behalf
of all consumers and sellers for a class of transactions;
(B) The creditor or settlement
service provider defines the class of transactions based on an appropriate
period of time, geographic area, and type of loan;
(C) The creditor or settlement service provider
uses the same average charge for every transaction within the defined
class; and
(D) The creditor
or settlement service provider does not use an average charge:
(1) For any type of insurance;
(2) For any charge
based on the loan amount or property value; or
(3) If doing so is otherwise prohibited
by law.
(4) Transactions
involving a seller.
(i) Provision
to seller. In a transaction subject to paragraph (e)(1)(i) of
this section that involves a seller, the settlement agent shall provide
the seller with the disclosures in section 1026.38 that relate to
the seller’s transaction reflecting the actual terms of the seller’s
transaction.
(ii) Timing. The settlement agent shall provide
the disclosures required under paragraph (f)(4)(i) of this section
no later than the day of consummation. If during the 30-day period
following consummation, an event in connection with the settlement
of the transaction occurs that causes disclosures required under paragraph
(f)(4)(i) of this section to become inaccurate, and such inaccuracy
results in a change to the amount actually paid by the seller from
that amount disclosed under paragraph (f)(4)(i) of this section, the
settlement agent shall deliver or place in the mail corrected disclosures
not later than 30 days after receiving information sufficient to establish
that such event has occurred.
(iii) Charges
disclosed. The amount imposed on the seller for any settlement
service shall not exceed the amount actually received by the service
provider for that service, except as otherwise provided in paragraph
(f)(3)(ii) of this section.
(iv) Creditor’s
copy. When the consumer’s and seller’s disclosures under this
paragraph (f) are provided on separate documents, as permitted under
section 1026.38(t)(5), the settlement agent shall provide to the creditor
(if the creditor is not the settlement agent) a copy of the disclosures
provided to the seller under paragraph (f)(4)(i) of this section.
(5) No fee. No fee may be imposed on any person,
as a part of settlement costs or otherwise, by a creditor or by a
servicer (as that term is defined under 12 U.S.C. 2605(i)(2)) for the
preparation or delivery of the disclosures required under paragraph
(f)(1)(i) of this section.
(g) Special information booklet at time of application.
(1) Creditor to provide special information booklet. Except as provided
in paragraphs (g)(1)(ii) and (iii) of this section, the creditor shall
provide a copy of the special information booklet (required pursuant
to section 5 of the Real Estate Settlement Procedures Act (12 U.S.C.
2604) to help consumers applying for federally related mortgage loans
understand the nature and cost of real estate settlement services)
to a consumer who applies for a consumer credit transaction secured
by real property or a cooperative unit.
(i) The creditor shall
deliver or place in the mail the special information booklet not later
than three business days after the consumer’s application is received.
However, if the creditor denies the consumer’s application before
the end of the three-business-day period, the creditor need not provide
the booklet. If a consumer uses a mortgage broker, the mortgage broker
shall provide the special information booklet and the creditor need
not do so.
(ii) In
the case of a home equity line of credit subject to section 1026.40,
a creditor or mortgage broker that provides the consumer with a copy
of the brochure entitled “When Your Home is On the Line: What You
Should Know About Home Equity Lines of Credit,” or any successor brochure
issued by the Bureau, is deemed to be in compliance with this section.
(iii) The creditor
or mortgage broker need not provide the booklet to the consumer for
a transaction, the purpose of which is not the purchase of a one-to-four
family residential property, including, but not limited to, the following:
(A) Refinancing transactions;
(B) Closed-end loans secured by a subordinate
lien; and
(C) Reverse
mortgages.
(2) Permissible
changes. Creditors may not make changes to, deletions from, or
additions to the special information booklet other than the changes
specified in paragraphs (g)(2)(i) through (iv) of this section.
(i) In the “Complaints” section of the booklet, “the Bureau of Consumer
Financial Protection” may be substituted for “HUD’s Office of RESPA”
and “the RESPA office.”
(ii) In the “Avoiding Foreclosure” section of the booklet, it is
permissible to inform homeowners that they may find information on
and assistance in avoiding foreclosures at http://www.consumerfinance.gov.
The reference to the HUD Web site, http://www.hud.gov/foreclosure/,
in the “Avoiding Foreclosure” section of the booklet shall not be
deleted.
(iii) In
the “No Discrimination” section of the appendix to the booklet, “the
Bureau of Consumer Financial Protection” may be substituted for the
reference to the “Board of Governors of the Federal Reserve System.”
In the Contact Information section of the appendix to the booklet,
the following contact information for the Bureau may be added: “Bureau
of Consumer Financial Protection, 1700 G Street NW., Washington, DC
20552; www.consumerfinance.gov/learnmore.” The contact information
for HUD’s Office of RESPA and Interstate Land Sales may be removed
from the “Contact Information” section of the appendix to the booklet.
(iv) The cover of
the booklet may be in any form and may contain any drawings, pictures
or artwork, provided that the title appearing on the cover shall not
be changed. Names, addresses, and telephone numbers of the creditor
or others and similar information may appear on the cover, but no
discussion of the matters covered in the booklet shall appear on the
cover. References to HUD on the cover of the booklet may be changed
to references to the Bureau.