Header:
TEXAS ADMINISTRATIVE CODE
TITLE 7. BANKING AND SECURITIES
PART 8. JOINT FINANCIAL REGULATORY AGENCIES
CHAPTER 153. HOME EQUITY LENDING
Date:
08/31/2009
Document:
7 TAC § 153.13 (2011)
§ 153.13. Preclosing Disclosures: Section 50(a)(6)(M)(ii)
An equity loan may not be closed before one business day after the date that the owner of the homestead receives a copy of the loan application, if not previously provided, and a final itemized disclosure of the actual fees, points, interest, costs, and charges that will be charged at closing. If a bona fide emergency or another good cause exists and the lender obtains the written consent of the owner, the lender may provide the preclosing disclosure to the owner or the lender may modify the previously provided preclosing disclosure on the date of closing.
(1) For purposes of this section, the "preclosing disclosure" consists of a copy of the loan application, if not previously provided, and a final itemized disclosure of the actual fees, points, interest, costs, and charges that will be charged at closing.
(2) The copy of the loan application submitted to the owner in satisfaction of the preclosing disclosure requirement must be the most current version at the time the document is delivered. The lender is not obligated to provide another copy of the loan application if the only difference from the version previously provided to the owner is formatting. The lender is not obligated to give another copy of the loan application if the information contained on the more recent application is the same as that contained on the application of which the owner has a copy.
(3) A lender may satisfy the disclosure requirement of providing a final itemized disclosure of the actual fees, points, interest, costs, and charges that will be charged at closing by delivery to the borrower of a properly completed Department of Housing and Urban Development (HUD) disclosure Form HUD-1 or HUD-1A.
(4) Bona fide emergency.
(A) An owner may consent to receive the preclosing disclosure or a modification of the preclosing disclosure on the date of closing in the case of a bona fide emergency occurring before the date of the extension of credit. An equity loan secured by a homestead in an area designated by Federal Emergency Management Agency (FEMA) as a disaster area is an example of a bona fide emergency if the homestead was damaged during FEMA's declared incident period.
(B) To document a bona fide emergency modification, the lender should obtain a written statement from the owner that: (i) describes the emergency; (ii) specifically states that the owner consents to receive the preclosing disclosure or a modification of the preclosing disclosure on the date of closing; (iii) bears the signature of all of the owners entitled to receive the preclosing disclosure; and (iv) affirms the owner has received notice of the owner's right to receive a final itemized disclosure containing all actual fees, points, costs, and charges one day prior to closing.
(5) Good cause. An owner may consent to receive the preclosing disclosure or a modification of the preclosing disclosure on the date of closing if another good cause exists.
(A) Good cause to modify the preclosing disclosure or to receive a subsequent disclosure modifying the preclosing disclosure on the date of closing may only be established by the owner. (i) The term "good cause" as used in this section means a legitimate or justifiable reason, such as financial impact or an adverse consequence. (ii) At the owner's election, a good cause to modify the preclosing disclosure may be established if:
(I) the modification does not create a material adverse financial consequence to the owner; or
(II) a delay in the closing would create an adverse consequence to the owner. (iii) The term "de minimis" as used in this section means a very small or insignificant amount.
(B) At the owner's election, a de minimis good cause standard may be presumed if: (i) the total actual disclosed fees, costs, points, and charges on the date of closing do not exceed in the aggregate more than the greater of $ 100 or 0.125 percent of the principal amount of the loan (e.g. 0.125 percent on a $ 80,000 principal loan amount equals $ 100) from the initial preclosing disclosure; and (ii) no itemized fee, cost, point, or charge exceeds more than the greater of $ 100 or 0.125 percent of the principal amount of the loan than the amount disclosed in the initial preclosing disclosure.
(C) To document a good cause modification of the disclosure, the lender should obtain a written statement from the owner that: (i) describes the good cause; (ii) specifically states that the owner consents to receive the preclosing disclosure on the date of closing; (iii) bears the signature of all of the owners entitled to receive the preclosing disclosure; and (iv) affirms the owner has received notice of the owner's right to receive a final itemized disclosure containing all fees, costs, points, or charges one day prior to closing.
(6) An equity loan may be closed at any time during normal business hours on the next business day following the calendar day on which the owner receives the preclosing disclosure or any calendar day thereafter.
(7) The owner maintains the right of rescission under Section 50(a)(6)(Q)(viii) even if the owner exercises an emergency or good cause modification of the preclosing disclosure.
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