Regulatory requirements related to certain mortgage transactions

Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following:

(g)

Regulatory requirements related to certain mortgage transactions

(1)

Aggregate variance standard for estimated closing costs

(A)

In general

For the purposes of meeting the good faith loan estimate described in section 1026.19 of title 12, Code of Federal Regulations (or any successor regulation), a creditor shall be deemed to have provided a good faith loan estimate of closing costs if the aggregate amount of closing costs the borrower must pay at consummation does not exceed the aggregate amount disclosed under subsection (a)(17) by more than the greater of— (i) $500; or (ii) 5 percent of all third-party fees and charges, excluding origination charges. (B)

Individual fee variance

No violation shall be found based solely on an individual fee variance that does not cause the aggregate variance described in paragraph (1) to be exceeded. (C)

Origination charges

(i)

In general

Origination charges shall not be included in calculating the aggregate variance under this subsection and remain subject to zero-tolerance limitations applicable under regulations issued pursuant to this Act. (ii)

De minimis exception

The zero-tolerance limitations described in clause (i) shall not apply to bona fide, non-intentional clerical or typographical errors that— (I)are not more than $25; (II)the creditor documents such error; and (III)expressly preserves the consumer’s right to restitution for any resulting financial harm. (2)

Waiting period reset

The waiting period for corrected disclosures as described in section 1026.19(a)(2) of title 12, Code of Federal Regulations (or any successor regulation), shall be reset only if— (A) the interest rate increases by more than 0.125 percentage points; (B) the loan product changes; or (C) a prepayment penalty is added. (3)

Consumer waiver of disclosure period

A consumer may waive the 3-day closing disclosure waiting period for a corrected disclosure as described in section 1026.19(f)(2)(iI) of title 12, Code of Federal Regulations (or any successor regulation). (4)

Safe harbor for revised mortgage loan estimates

(A)

In general

A creditor may issue not more than 2 revised loan estimates for non-material changes that do not increase the interest rate, change the loan product type, or increase any origination charge, without demonstrating a changed circumstance under section 1026.19(e)(3)(iv) of title 12, Code of Federal Regulations (or any successor regulation). (B)

Delivery period

Any revised loan estimate as described in subparagraph (A) shall be delivered not later than 7 days prior to consummation. (C)

Tolerance reset

Any revised loan estimate as described in subparagraph (A) shall reset tolerances only for fees affected by the specific non-material change prompting the revision. (5)

Reliance on settlement agents

(A)

In general

A creditor shall not be liable for inaccuracies in a closing disclosure described in section 1026.19 of title 12, Code of Federal Regulations (or any successor regulation), attributable solely to a settlement agent if the creditor— (i) exercised reasonable diligence in selecting the agent; and (ii) maintained reasonable oversight procedures. (B)

No limitation on right to restitution

Nothing in this subsection shall limit a consumer’s right to restitution for actual financial harm with respect to inaccuracies in a closing disclosure. (C)

Rules related to terms

Not later than 180 days after the date of the enactment of this paragraph, the Bureau shall issue rules to define reasonable diligence and reasonable oversight procedures as such terms are used in subparagraph (A), including standards for vendor management, monitoring, and error detection systems. (6)

Rulemaking

Not later than 180 days after the date of the enactment of this subsection, the Bureau shall issue a rule to revise section 1026.19 of title 12, Code of Federal Regulations, to ensure consistency between such section and this subsection.

Reliance on guidance issued by the Bureau of Consumer Financial Protection

Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is amended by adding at the end the following:

(m)

Reliance on bureau guidance

No creditor shall be liable for a violation arising from an act done or omitted in good-faith reliance on guidance issued by the Bureau. (n)

Notice and opportunity To cure

(1)

First time violation

No civil penalty may be imposed for a first time violation under this title unless the creditor fails to cure such violation within 60 days after receiving written notice from a Federal or State regulator. (2)

Restitution and private remedies for consumer

Nothing in this subsection affects a consumer’s right to restitution or private remedies. (3)

First time violation defined

In this subsection, the term first time violation means the first written notice from a Federal or State regulator that identifies a specific violation under this title, for which— (A) no prior notice of the same violation issued within the preceding 36-month period; and (B) a single pattern or practice affecting multiple loans constitutes one violation for purposes of this subsection if arising from the same underlying error.