[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Rules and Regulations]
[Pages 63441-63447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31087]
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FEDERAL RESERVE SYSTEM
12 CFR Part 226
[Regulation Z; Docket No. R-0960]
Truth in Lending
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Final rule.
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SUMMARY: The Board is publishing revisions to Regulation Z. The
revisions implement an amendment to the Truth in Lending Act contained
in the Economic Growth and Regulatory Paperwork Reduction Act of 1996
affecting the disclosure of a fifteen-year historical example of rates
and payments. The amendment applies to variable-rate loans with a term
exceeding one year and secured by the consumer's principal dwelling.
The amendment allows creditors to provide a statement that the periodic
payment may substantially increase or decrease together with a maximum
interest rate and payment based on a $10,000 loan amount, in lieu of
having to provide a fifteen-year historical example of index values.
DATES: Effective date: This rule is effective November 21, 1997.
Compliance date: Compliance is optional until October 1, 1998.
FOR FURTHER INFORMATION CONTACT: Kyung H. Cho-Miller, Staff Attorney,
Division of Consumer and Community Affairs, Board of Governors of the
Federal Reserve System, at (202) 452-3667 or 452-2412; for users of
Telecommunications Device for the Deaf (TDD) only, contact Diane
Jenkins at (202) 452-3544.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of the Truth in Lending Act (TILA) (15 U.S.C. 1601 et
seq.) is to promote the informed use of consumer credit by requiring
disclosures about its terms and cost. The act requires creditors to
disclose the cost of credit as a dollar amount (the finance charge) and
as an annual percentage rate (the APR). Uniformity in creditors'
disclosures is intended to assist consumers in comparison shopping. The
TILA requires additional disclosures for loans secured by a consumer's
home and permits consumers to rescind certain transactions that involve
their principal dwelling. The act is implemented by the Board's
Regulation Z (12 CFR part 226).
The credit transactions covered by TILA and Regulation Z fall into
two categories--open- or closed-end credit transactions. Open-end
credit is defined as a plan under which the creditor reasonably
contemplates repeated transactions, which prescribes the terms of such
transactions, and which provides for a finance charge that may be
computed from time to time on the outstanding unpaid balance, for
example, credit extended by means of a credit card (Sec. 226.2(a)(20)).
Closed-end credit is defined as any credit arrangement that does not
fall within the definition of open-end credit (Sec. 226.2(a)(10)). A
mortgage loan with a fixed maturity date is an example of closed-end
credit.
II. Regulatory Provisions
Under Regulation Z, the timing and number of disclosures required
for variable-rate loans vary depending on the term and security for the
loan. For all variable-rate loans, disclosures are generally provided
once--prior to consummation. However, if the loan exceeds a term of one
year and is secured by the consumer's principal dwelling, creditors are
required to provide disclosures at different times--a loan program
disclosure when an application is received (or when a nonrefundable fee
is paid, whichever occurs earlier), transaction-specific Truth in
Lending disclosures prior to consummation, and disclosures subsequent
to consummation when certain rate or payment changes occur. (See
Regulation Z, 12 CFR 226.17(b), 18(f), 19, and 20(c).)
Disclosures provided at application for a variable-rate mortgage
include the Board-prescribed Consumer Handbook on Adjustable Rate
Mortgages (or a comparable substitute) and a loan program disclosure
for each variable-rate program in which the consumer has expressed
interest. The loan program disclosure consists of twelve separate
items, including information such as the identification of the index or
formula to be used for adjustments and a fifteen-year historical
example of how changes in the index values or formula used to compute
interest rates would have affected the interest rates and payments on a
$10,000 loan.
On September 30, 1996, the Economic Growth and Regulatory Paperwork
[[Page 63442]]
Reduction Act of 1996 (Pub. L. 104-208, 110 Stat. 3009) (1996
amendment) amended the TILA by providing creditors the option to give a
statement that the periodic payments may increase or decrease
substantially together with the maximum interest rate and payment
amount for a $10,000 loan amount in lieu of having to give the fifteen-
year historical example.
The Board issued a proposal in January 1997 (62 FR 5183, Feb. 4,
1997). Sixty-nine comments were received. Based on comments and further
analysis, the Board has adopted a final rule that implements the
statutory changes. The final rule is discussed in detail in the
section-by-section analysis below.
III. Section-by-Section Analysis
Subpart A--General
Section 226.19--Certain Residential Mortgage Transactions
19(b) Certain variable-rate transactions. Section 226.19(b)
requires the historical example disclosure for loans exceeding a term
of one year that are secured by a consumer's principal dwelling and in
which the APR may increase after consummation (such as when the rate is
tied to an index). The 1996 amendment refers to ``residential mortgage
transactions'' to identify when the alternative disclosure option is
available, but does not explicitly limit application of the alternative
disclosure to loans that exceed a term of one year. ``Residential
mortgage transaction'' is defined in Regulation Z (Sec. 226.2(a)(24))
as credit secured by the consumer's principal dwelling to finance the
acquisition or initial construction of that dwelling. Under this
definition, the alternative disclosure option would not extend to
refinance and second-mortgage transactions. The Board believes that the
amendment was intended to apply to loans where the fifteen-year
historical example is currently required, namely loans that exceed one
year and are secured by the consumer's principal dwelling. Accordingly,
the Board proposed to apply the alternative disclosure option to
variable-rate loans with a term greater than one year and secured by
the consumer's principal dwelling.
The majority of commenters strongly supported the Board's proposal
to apply the amendment to loans where the fifteen-year historical
example is currently required. Those commenters stated that an
interpretation to apply the amendment only to ``residential mortgage
transactions''--primarily purchase-money mortgages--would result in
increased regulatory burden on creditors by requiring two sets of
disclosures.
The Board believes that the Congress did not intend to limit the
flexibility in the 1996 amendment to purchase-money transactions nor to
apply the provision to loans that do not currently require the
historical example. The Board believes that the Congress intended to
provide this option to all credit transactions secured by the
consumer's principal dwelling, given that the committee report to the
1996 amendment broadly states the alternative disclosure option would
be available to lenders in consumer credit transactions under closed-
end plans. Pursuant to its authority under section 105(a) of the TILA,
the Board has adopted a final rule that makes the alternative
disclosure option available for any close-end credit transactions where
the term exceeds one year and is secured by the consumer's dwelling.
Section 105(a) provides that the Board's regulations ``may contain such
classifications, differentiations, or other provisions, and may provide
for such adjustments and exceptions for any class of transactions, as
in the judgment of the Board are necessary or proper to effectuate the
purposes of [the TILA], to prevent circumvention or evasion thereof, or
to facilitate compliance therewith.''
Paragraph 19(b)(2)(viii) currently sets forth the required
historical example based on a $10,000 loan amount and paragraph
19(b)(2)(x) the required disclosure of the maximum interest rate and
payment for a $10,000 loan amount. The proposal revised paragraph
19(b)(2)(viii) to set forth the historical example requirements in
paragraph 19(b)(2)(viii)(A); and incorporated the substance of
paragraph 19(b)(2)(x) on the maximum interest rate and payment
disclosure in paragraph 19(b)(2)(viii)(B). If the creditor chose to
disclose the maximum interest rate and payment in lieu of a historical
example, a statement that the periodic payment may increase or decrease
substantially must accompany the rate and payment amount. The proposal
provided that the statement requirement may be satisfied by providing
the disclosure required by paragraph 19(b)(2)(vi) that states, for
example, ``your monthly payment can increase or decrease substantially
based on annual changes in the interest rate.''
A question was raised about whether the proposed wording would
allow creditors to provide both the historical example and the maximum
interest rate and payment. The Board believes that the 1996 amendment
allows creditors to substitute the maximum interest rate and payment
for the historical example or to provide both disclosures. The
commentary to paragraph 19(b)(2)(viii) has been revised accordingly.
The commentary to paragraph 19(b)(2)(viii)(B) provides that the
statement that must accompany the maximum rate and payment disclosure
is not separately required if a similar disclosure is made pursuant to
the requirement in paragraph 19(b)(2)(vi).
Regulation Z currently requires creditors to disclose a maximum
interest rate using the most recent interest rate shown in the
historical example. Because creditors are not required to provide the
historical example under the 1996 amendments, creditors instead must
use a ``recent'' interest rate as determined by the Board. The Board
proposed to require creditors to calculate the maximum rate and payment
based on an initial rate that was in effect within one year of the
disclosure. A more frequent basis for updating the index or formula
would place greater burden on creditors than currently exists under the
regulation, whereas the Congress intended to reduce burden with the
alternative. The Board solicited comment on whether there are
circumstances in which the consumer benefit from updating the initial
interest rate more frequently than annually would outweigh the
compliance burden of producing the disclosures more frequently.
The majority of the commenters supported the proposal to base the
maximum rate and payment on an interest rate in effect within one year
of the disclosure. They believed that this was consistent with the
current requirement regarding revisions to the historical example.
Several commenters observed, however, that the proposed language would
require creditors to update the maximum rate and payment twice a year
and suggested adopting one of the timing rules already applicable to
variable-rate transactions under Sec. 226.19(b)(2). For example, the
timing rules for revising the loan program disclosure in comment
19(b)(2)-5 permit creditors to update once a year, as soon as
reasonably possible after the new index value becomes available.
Similarly, comments 19(b)(2)(viii)-3 and -4 allow disclosures to use a
margin or discount or premium used during the six months preceding
preparation of the disclosures. Based on these comments and further
analysis, the staff has revised the draft rule for determining the
initial interest rate that will be used for the maximum rate and
payment disclosure; it defines the initial interest rate as one in
effect as of an identified month and year for the particular loan
program. The final rule eliminates any
[[Page 63443]]
requirement for creditors to update the maximum rate and payment
disclosure more frequently than the loan program disclosure.
Commenters asked for clarification on whether the amount of a
recent discount or premium is reflected in the alternative disclosure.
Several commenters requested general clarification on how the initial
rate was derived. Several commenters also suggested that all references
to ``the most recent rate'' be deleted since it implies that creditors
must continually update the information. Several commenters questioned
whether an explanation of how the consumer may calculate the payments
for the loan amount to be borrowed would be required absent the
historical example.
Based on comments and further analysis, the Board believes that the
initial and maximum interest rates and payments should reflect any
offered discount or premium in order to reduce consumer confusion.
References to ``the most recent rate'' have been deleted and replaced
by ``initial interest rate.'' A definition of the ``initial interest
rate'' is provided and clarifies that it is based on the index plus
margin, adjusted by the amount of any discount or premium.
Since the maximum rate and payment is based on a $10,000 loan
amount, the Board believes that an explanation on how to calculate the
payments for another loan amount would allow consumers to better
understand the relationship of the maximum rate and payment disclosure
to their particular transaction without placing undue burden on the
creditors. Section 226.19(b)(2)(ix) has been revised to require the
explanation under either alternative.
Appendix H to Part 226--Closed-end Model Forms and Clauses
The sample clauses and model forms to appendix H-4 and H-14 have
been revised in response to comments.
Supplement I--Official Staff Interpretation
Revisions have been made to the Official Staff Commentary to
conform with the amendments to Regulation Z.
IV. Regulatory Flexibility Analysis
In accordance with section 3(a) of the Regulatory Flexibility Act
(5 U.S.C. 603), the Board's Office of the Secretary has reviewed the
amendments to Regulation Z. Overall, the amendments are not expected to
have any significant impact on small entities. The regulatory revisions
required to implement the 1996 amendment reduce the number of
disclosures required for variable-rate mortgages and ease compliance by
providing creditors with the option of disclosing either a fifteen-year
historical example or a maximum payment example.
V. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the Board has reviewed the final rule under the
authority delegated to the Board by the Office of Management and
Budget. 5 CFR part 1320, Appendix A.1.
The respondents are individuals or businesses that regularly offer
or extend consumer credit. The purpose of the TILA and Regulation Z is
to promote the informed use of consumer credit by requiring creditors
to disclose its terms and cost. Records must be retained by creditors
for 24 months. The disclosure requirements revised by this final rule
are found in 12 CFR 226.19 and part 226, appendix H.
The Board's Regulation Z applies to all types of creditors, not
just state member banks. For purposes of the Paperwork Reduction Act,
however, the Federal Reserve accounts for the paperwork burden
associated with Regulation Z disclosures only for state member banks.
The estimates of paperwork burden for institutions other than state
member banks are provided by the federal agency or agencies that
supervise those lenders.
The final rule is expected to decrease the ongoing annual burden of
Regulation Z. There are 1,014 state member banks, making an estimated
5,750 closed-end credit disclosures each year on average, at 6.5
minutes per disclosure. The proportion of such loans that are mortgages
with an adjustable rate is estimated to be small. It is estimated that
the combined annual burden for state member banks under Regulation Z
will decrease by approximately 10,000 burden hours to an average 6.4
minutes per disclosure. The Federal Reserve estimates an associated
start-up cost of $160 per respondent to replace the fifteen-year
historical example with the maximum rate and payment example. No
comments specifically addressing the burden estimate were received.
The disclosures made by creditors to consumers under Regulation Z
are mandatory. Since the Federal Reserve does not collect any
information, no issue of confidentiality arises. Disclosures relating
to specific transactions or accounts are not publicly available.
The Federal Reserve may not conduct or sponsor, and an organization
is not required to respond to, an information collection unless it
displays a currently valid OMB control number. The OMB control number
for Regulation Z is 7100-0199.
The Federal Reserve has a continuing interest in the public's
opinion regarding collections of information. Members of the public may
submit comments, at any time, regarding the burden estimate or any
other aspect of this collection of information, including suggestions
for reducing the burden. Comments may be sent to: Secretary, Board of
Governors of the Federal Reserve System, 20th and C Streets, N.W.,
Washington, DC 20551; and to the Office of Management and Budget,
Paperwork Reduction Project (7100-0199), Washington, DC 20503.
List of Subjects in 12 CFR Part 226
Advertising, Federal Reserve System, Mortgages, Reporting and
recordkeeping requirements, Truth in lending.
For the reasons set forth in the preamble, the Board amends 12 CFR
part 226 as follows:
PART 226--TRUTH IN LENDING (REGULATION Z)
1. The authority citation for part 226 continues to read as
follows:
Authority: 12 U.S.C. 3806; 15 U.S.C. 1604 and 1637(c)(5).
2. Section 226.19 is amended by:
a. Republishing the introductory text of paragraph (b)(2);
b. Revising paragraph (b)(2)(viii);
c. Revising paragraph (b)(2)(ix);
d. Removing paragraph (b)(2)(x); and
e. Paragraphs (b)(2)(xi), (b)(2)(xii), and (b)(2)(xiii) are
redesignated as paragraphs (b)(2)(x), (b)(2)(xi) and (b)(2)(xii)
respectively.
The revisions read as follows:
Sec. 226.19 Certain residential mortgage and variable-rate
transactions.
* * * * *
(b) Certain variable-rate transactions. * * *
* * * * *
(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:
* * * * *
(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
[[Page 63444]]
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.
* * * * *
3. In part 226, Appendix H is amended by revising the appendix
heading, H-4(C) Variable-Rate Model Clauses, and H-14 Variable-Rate
Mortgage Sample to read as follows:
Appendix H to Part 226--Closed-end Model Forms and Clauses
* * * * *
H-4(C)--Variable-Rate Model Clauses
This disclosure describes the features of the adjustable-rate
mortgage (ARM) program you are considering. Information on other ARM
programs is available upon request.
How Your Interest Rate and Payment Are Determined
Your interest rate will be based on [an index plus a
margin] [a formula].
Your payment will be based on the interest rate, loan
balance, and loan term.
--[The interest rate will be based on (identification of index) plus
our margin. Ask for our current interest rate and margin.]
--[The interest rate will be based on (identification of formula).
Ask us for our current interest rate.]
--Information about the index [formula for rate adjustments] is
published [can be found] ________________.
--[The initial interest rate is not based on the (index) (formula)
used to make later adjustments. Ask us for the amount of current
interest rate discounts.]
How Your Interest Rate Can Change
Your interest rate can change (frequency).
[Your interest rate cannot increase or decrease more
than ______ percentage points at each adjustment.]
Your interest rate cannot increase [or decrease] more
than ______ percentage points over the term of the loan.
How Your Payment Can Change
Your payment can change (frequency) based on changes in
the interest rate.
[Your payment cannot increase more than (amount or
percentage) at each adjustment.]
You will be notified in writing ________ days before
the due date of a payment at a new level. This notice will contain
information about your interest rates, payment amount, and loan
balance.
[You will be notified once each year during which
interest rate adjustments, but no payment adjustments, have been
made to your loan. This notice will contain information about your
interest rates, payment amount, and loan balance.]
[For example, on a $10,000 [term] loan with an initial
interest rate of ________ [(the rate shown in the interest rate
column below for the year 19 ________)] [(in effect (month) (year)],
the maximum amount that the interest rate can rise under this
program is ________ percentage points, to ________%, and the monthly
payment can rise from a first-year payment of $________ to a maximum
of $________ in the __________ year. To see what your payments would
be, divide your mortgage amount by $10,000; then multiply the
monthly payment by that amount. (For example, the monthly payment
for a mortgage amount of $60,000 would be: $60,000 $10,000
= 6; 6 x ________ = $________ per month.)]
Example
The example below shows how your payments would have changed
under this ARM program based on actual changes in the index from
1982 to 1996. This does not necessarily indicate how your index will
change in the future.
The example is based on the following assumptions:
Amount................................... $10,000
Term..................................... __________
Change date.............................. __________
Payment adjustment....................... (frequency)
Interest adjustment...................... (frequency)
[Margin] *............................... __________
Caps ________ [periodic interest rate cap]
________ [lifetime interest rate cap
________ [payment cap]
[Interest rate carryover]
[Negative amortization]
[Interest rate discount] **
Index.......(identification of index or formula)
* This is a margin we have used recently, your margin may be different.
** This is the amount of a discount we have provided recently; your loan
may be discounted by a different amount.]
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Margin
Year Index (%) (Percentage Interest Monthly Remaining
points) Rate (%) Payment ($) Balance ($)
----------------------------------------------------------------------------------------------------------------
1982...................................... ............ ............ ............ ............ ............
1983...................................... ............ ............ ............ ............ ............
1984...................................... ............ ............ ............ ............ ............
1985...................................... ............ ............ ............ ............ ............
1986...................................... ............ ............ ............ ............ ............
1987...................................... ............ ............ ............ ............ ............
1988...................................... ............ ............ ............ ............ ............
1989...................................... ............ ............ ............ ............ ............
1990...................................... ............ ............ ............ ............ ............
1991...................................... ............ ............ ............ ............ ............
1992...................................... ............ ............ ............ ............ ............
1993...................................... ............ ............ ............ ............ ............
1994...................................... ............ ............ ............ ............ ............
1995...................................... ............ ............ ............ ............ ............
1996...................................... ............ ............ ............ ............ ............
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Note: To see what your payments would have been during that period, divide your mortgage amount by $10,000; then
multiply the monthly payment by that amount. (For example, in 1996 the monthly payment for a mortgage amount
of $60,000 taken out in 1982 would be: $60,000$10,000=6; 6 x ________=$________ per month.)
[[Page 63445]]
* * * * *
H-14--Variable-Rate Mortgage Sample
This disclosure describes the features of the adjustable-rate
mortgage (ARM) program you are considering. Information on other ARM
programs is available upon request.
How Your Interest Rate and Payment Are Determined
Your interest rate will be based on an index rate plus
a margin.
Your payment will be based on the interest rate, loan
balance, and loan term.
--The interest rate will be based on the weekly average yield on
United States Treasury securities adjusted to a constant maturity of
1 year (your index), plus our margin. Ask us for our current
interest rate and margin.
--Information about the index rate is published weekly in the Wall
Street Journal.
Your interest rate will equal the index rate plus our
margin unless your interest rate ``caps'' limit the amount of change
in the interest rate.
How Your Interest Rate Can Change
Your interest rate can change yearly.
Your interest rate cannot increase or decrease more
than 2 percentage points per year.
Your interest rate cannot increase or decrease more
than 5 percentage points over the term of the loan.
How Your Monthly Payment Can Change
Your monthly payment can increase or decrease
substantially based on annual changes in the interest rate.
[For example, on a $10,000, 30-year loan with an
initial interest rate of 12.41 percent in effect in July 1996, the
maximum amount that the interest rate can rise under this program is
5 percentage points, to 17.41 percent, and the monthly payment can
rise from a first-year payment of $106.03 to a maximum of $145.34 in
the fourth year. To see what your payment is, divide your mortgage
amount by $10,000; then multiply the monthly payment by that amount.
(For example, the monthly payment for a mortgage amount of $60,000
would be: $60,000$10,000=6; 6 x 106.03=$636.18 per month.)
You will be notified in writing 25 days before the
annual payment adjustment may be made. This notice will contain
information about your interest rates, payment amount and loan
balance.]
[Example
The example below shows how your payments would have changed
under this ARM program based on actual changes in the index from
1982 to 1996. This does not necessarily indicate how your index will
change in the future. The example is based on the following
assumptions:
Amount................................... $10,000
Term..................................... 30 years
Payment adjustment....................... 1 year
Interest adjustment...................... 1 year
Margin................................... 3 percentage points
Caps________ 2 percentage points annual interest rate
________ 5 percentage points lifetime interest rate
Index________ Weekly average yield on U.S. Treasury securities adjusted
to a constant maturity of one year.
----------------------------------------------------------------------------------------------------------------
Margin*
Year (as of 1st week ending in July) Index (%) (percentage Interest Monthly Remaining
points) Rate (%) Payment ($) Balance ($)
----------------------------------------------------------------------------------------------------------------
1982...................................... 14.41 3 17.41 145.90 9,989.37
1983...................................... 9.78 3 **15.41 129.81 9,969.66
1984...................................... 12.17 3 15.17 127.91 9,945.51
1985...................................... 7.66 3 **13.17 112.43 9,903.70
1986...................................... 6.36 3 ***12.41 106.73 9,848.94
1987...................................... 6.71 3 ***12.41 106.73 9,786.98
1988...................................... 7.52 3 ***12.41 106.73 9,716.88
1989...................................... 7.97 3 **12.41 106.73 9,637.56
1990...................................... 8.06 3 ***12.41 106.73 9,547.83
1991...................................... 6.40 3 ***12.41 106.73 9,446.29
1992...................................... 3.96 3 ***12.41 106.73 9,331.56
1993...................................... 3.42 3 ***12.41 106.73 9,201.61
1994...................................... 5.47 3 ***12.41 106.73 9,054.72
1995...................................... 5.53 3 ***12.41 106.73 8,888.52
1996...................................... 5.82 3 ***12.41 106.73 8,700.37
----------------------------------------------------------------------------------------------------------------
*This is a margin we have used recently; your margin may be different.
**This interest rate reflects a 2 percentage point annual interest rate cap.
***This interest rate reflects a 5 percentage point lifetime interest rate cap.
Note: To see what your payments would have been during that period, divide your mortgage amount by $10,000; then
multiply the monthly payment by that amount. (For example, in 1996 the monthly payment for a mortgage amount
of $60,000 taken out in 1982 would be: $60,000$10,000=6; 6 x $106.73=$640.38.)
You will be notified in writing 25 days before the annual
payment adjustment may be made. This notice will contain information
about your interest rates, payment amount and loan balance.]
* * * * *
4. In Supplement I to Part 226, under Section 226.19--Certain
Residential Mortgage and Variable-Rate Transactions, under paragraph
19(b) Certain variable-rate transactions, the following amendments are
made:
a. Paragraph 2, under the heading ``Paragraph 19(b)(2)'', is
revised.
b. Paragraph 1, under the heading ``Paragraph 19(b)(2)(v)'', is
revised.
c. The heading ``Paragraph 19(b)(2)(viii)'' is revised to read
``Paragraph 19(b)(2)(viii)(A)''.
d. A new heading ``Paragraph 19(b)(2)(viii)'' and a new paragraph 1
is added below the new heading, and both are transferred immediately
preceding ``Paragraph 19(b)(2)(viii)(A).''
e. The heading ``Paragraph 19(b)(2)(x)'' is revised to read
``Paragraph 19(b)(2)(viii)(B)'' and the paragraph heading and text are
transferred immediately preceding the heading ``Paragraph
19(b)(2)(ix).''
f. Paragraphs 1 and 2, under the heading ``Paragraph
19(b)(2)(viii)(B)'' are revised and a new paragraph 5 is added.
g. Paragraph 1, under the heading ``Paragraph 19(b)(2)(ix)'' is
revised.
h. The heading ``Paragraph 19(b)(2)(xi)'' is revised to read
``Paragraph 19(b)(2)(x).''
i. The heading ``Paragraph 19(b)(2)(xii)'' is revised to read
``Paragraph 19(b)(2)(xi).''
j. The heading ``Paragraph 19(b)(2)(xiii)'' is revised to read
``Paragraph 19(b)(2)(xii).''
The revisions and additions read as follows:
[[Page 63446]]
Supplement 1 to Part 226--Official Staff Interpretations
* * * * *
Section 226.19--Certain Residential Mortgage Transactions.
* * * * *
19(b) Certain variable-rate transactions.
* * * * *
Paragraph 19(b)(2).
* * * * *
2. Variable-rate loan program defined. i. Generally, if the
identification, the presence or absence, or the exact value of a
loan feature must be disclosed under this section, variable-rate
loans that differ as to such features constitute separate loan
programs. For example, separate loan programs would exist based on
differences in any of the following loan features:
A. The index or other formula used to calculate interest rate
adjustments.
B. The rules relating to changes in the index value, interest
rate, payments, and loan balance.
C. The presence or absence of, and the amount of, rate or
payment caps.
D. The presence of a demand feature.
E. The possibility of negative amortization.
F. The possibility of interest rate carryover.
G. The frequency of interest rate and payment adjustments.
H. The presence of a discount feature.
I. In addition, if a loan feature must be taken into account in
preparing the disclosures required by Sec. 226.19(b)(2)(viii),
variable-rate loans that differ as to that feature constitute
separate programs under Sec. 226.19(b)(2).
ii. If, however, a representative value may be given for a loan
feature or the feature need not be disclosed under
Sec. 226.19(b)(2), variable-rate loans that differ as to such
features do not constitute separate loan programs. For example,
separate programs would not exist based on differences in the
following loan features:
A. The amount of a discount.
B. The amount of a margin.
* * * * *
Paragraph 19(b)(2)(v).
1. Discounted and premium interest rate. In some variable-rate
transactions, creditors may set an initial interest rate that is not
determined by the index or formula used to make later interest rate
adjustments. Typically, this initial rate charged to consumers is
lower than the rate would be if it were calculated using the index
or formula. However, in some cases the initial rate may be higher.
If the initial interest rate will be a discount or a premium rate,
creditors must alert the consumer to this fact. For example, if a
creditor discounted a consumer's initial rate, the disclosure might
state, ``Your initial interest rate is not based on the index used
to make later adjustments.'' (See the commentary to
Sec. 226.17(c)(1) for a further discussion of discounted and premium
variable-rate transactions.) In addition, the disclosure must
suggest that consumers inquire about the amount that the program is
currently discounted. For example, the disclosure might state, ``Ask
us for the amount our adjustable rate mortgages are currently
discounted.'' In a transaction with a consumer buydown or with a
third-party buydown that will be incorporated in the legal
obligation, the creditor should disclose the program as a discounted
variable-rate transaction, but need not disclose additional
information regarding the buydown in its program disclosures. (See
the commentary to Sec. 226.19(b)(2)(viii) for a discussion of how to
reflect the discount or premium in the historical example or the
maximum rate and payment disclosure).
* * * * *
Paragraph 19(b)(2)(viii).
1. Historical example and initial and maximum interest rates and
payments. A creditor may disclose both the historical example and
the initial and maximum interest rates and payments.
Paragraph 19(b)(2)(viii)(A).
* * * * *
Paragraph 19(b)(2)(viii)(B).
1. Initial and maximum interest rates and payments. The
disclosure form must state the initial and maximum interest rates
and payments for a $10,000 loan originated at an 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. (See comment 19(b)(2)-5 on revisions to the
loan program disclosure.) In calculating the maximum payment under
this paragraph, a creditor should assume that the interest rate
increases as rapidly as possible under the loan program, and the
maximum payment disclosed should reflect the amortization of the
loan during this period. Thus, in a loan with 2 percentage point
annual (and 5 percentage point overall) interest rate limitations or
``caps,'' the maximum interest rate would be 5 percentage points
higher than the initial interest rate disclosed. Moreover, the loan
would not reach the maximum interest rate until the fourth year
because of the 2 percentage point annual rate limitations, and the
maximum payment disclosed would reflect the amortization of the loan
during this period. If the loan program includes a discounted or
premium initial interest rate, the initial interest rate should be
adjusted by the amount of the discount or premium.
2. Term of the loan. In calculating the initial and maximum
payments, the creditor need not base the disclosures on each term to
maturity or payment amortization offered under the program. Instead,
the creditor may follow the rules set out in comment
19(b)(2)(viii)(A)-5.
If a historical example is provided under
Sec. 226.19(b)(2)(viii)(A), the terms to maturity or payment
amortization used in the historical example must be used in calculating
the initial and maximum payment. In addition, creditors must state the
term or payment amortization used in making the disclosures under this
section.
* * * * *
5. Periodic payment statement. The statement that the periodic
payment may increase or decrease substantially may be satisfied by the
disclosure in paragraph 19(b)(2)(vi) if it states for example, ``your
monthly payment can increase or decrease substantially based on annual
changes in the interest rate.''
Paragraph 19(b)(2)(ix).
1. Calculation of payments. A creditor is required to include a
statement on the disclosure form that explains how a consumer may
calculate his or her actual monthly payments for a loan amount other
than $10,000. The example should be based upon the most recent payment
shown in the historical example or upon the initial interest rate
reflected in the maximum rate and payment disclosure. In transactions
in which the latest payment shown in the historical example is not for
the latest year of index values shown (such as in a five-year loan), a
creditor may provide additional examples based on the initial and
maximum payments disclosed under Sec. 226.19(b)(2)(viii)(B). The
creditor, however, is not required to calculate the consumer's
payments. (See the model clauses in appendix H-4(C).)
Paragraph 19(b)(2)(x).
* * * * *
Paragraph 19(b)(2)(xi).
* * * * *
Paragraph 19(b)(2)(xii).
* * * * *
5. In Supplement I to Part 226, under paragraph heading Paragraph
19(b)(2)(viii)(A), all references in paragraphs 3 and 4 to
``Sec. 226.19(b)(2)(viii)'' are revised to read
``Sec. 226.19(b)(2)(viii)(A)''.
6. In Supplement I to Part 226, under paragraph heading Paragraph
19(b)(2)(viii)(A), in paragraphs 6 and 7 the words ``comment
19(b)(2)(x)'' are revised to read ``comment 19(b)(2)(viii)(B)'' each
place they appear.
7. In Supplement I to Part 226, under paragraph heading Paragraph
19(b)(2)(viii)(B), in paragraphs 2, 3, and 4 the words ``comment
19(b)(2)(viii)'' are revised to read ``comment 19(b)(2)(viii)(A)'' each
place they appear.
8. In Supplement I to Part 226, Appendix H--Closed-End Model Forms
and Clauses, Paragraphs 6 and 18, are revised to read as follows:
* * * * *
Appendix H--Closed-End Model Forms and Clauses
* * * * *
[[Page 63447]]
6. Model H-4(C). This model clause illustrates the early
disclosures required generally under Sec. 226.19(b). It includes
information on how the consumer's interest rate is determined and
how it can change over the term of the loan, and explains changes
that may occur in the borrower's monthly payment. It contains an
example of how to disclose historical changes in the index or
formula values used to compute interest rates for the preceding 15
years. The model clause also illustrates the disclosure of the
initial and maximum interest rates and payments based on an 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 and illustrates how to provide
consumers with a method for calculating the monthly payment for the
loan amount to be borrowed.
* * * * *
18. Sample H-14. This sample disclosure form illustrates the
disclosures under Sec. 226.19(b) for a variable-rate transaction
secured by the consumer's principal dwelling with a term greater
than one year. The sample form shows a creditor how to adapt the
model clauses in Appendix H-4(C) to the creditor's own particular
variable-rate program. The sample disclosure form describes the
features of a specific variable-rate mortgage program and alerts the
consumer to the fact that information on the creditor's other
closed-end variable-rate programs is available upon request. It
includes information on how the interest rate is determined and how
it can change over time. Section 226.19(b)(2)(viii) permits
creditors the option to provide either a historical example or an
initial and maximum interest rates and payments disclosure; both are
illustrated in the sample disclosure. The historical example
explains how the monthly payment can change based on a $10,000 loan
amount, payable in 360 monthly installments, based on historical
changes in the values for the weekly average yield on U.S. Treasury
Securities adjusted to a constant maturity of one year. Index values
are measured for 15 years, as of the first week ending in July. This
reflects the requirement that the index history be based on values
for the same date or period each year in the example. The sample
disclosure also illustrates the alternative disclosure under
Sec. 226.19(b)(2)(viii)(B) that the initial and the maximum interest
rates and payments be shown for a $10,000 loan originated at an
initial interest rate of 12.41 percent (which was in effect July
1996) and to have 2 percentage point annual (and 5 percentage point
overall) interest rate limitations or caps. Thus, the maximum amount
that the interest rate could rise under this program is 5 percentage
points higher than the 12.41 percent initial rate to 17.41 percent,
and the monthly payment could rise from $106.03 to a maximum of
$145.34. The loan would not reach the maximum interest rate until
its fourth year because of the 2 percentage point annual rate
limitations, and the maximum payment disclosed reflects the
amortization of the loan during that period. The sample form also
illustrates how to provide consumers with a method for calculating
their actual monthly payment for a loan amount other than $10,000.
* * * * *
By order of the Board of Governors of the Federal Reserve
System, November 21, 1997.
William W. Wiles,
Secretary of the Board.
[FR Doc. 97-31087 Filed 11-28-97; 8:45 am]
BILLING CODE 6210-01-P