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#1011216 - 08/04/08 01:43 PM Required deposit disclosure
VWgirl21 Offline
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Joined: Jan 2008
Posts: 199
The Bluegrass
Is a bank required to include the required deposit disclosure on the TIL if the CD securing the loan is issued by the bank making the loan and the APY is less than 5%?
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Lending Compliance
#1011229 - 08/04/08 01:48 PM Re: Required deposit disclosure VWgirl21
Ray_ Offline
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Joined: Aug 2006
Posts: 879
Dallas, TX
Sec. 226.18 Content of disclosures.

(r) Required deposit. If the creditor requires the consumer to maintain a deposit as a condition of the specific transaction, a statement that the annual percentage rate does not reflect the effect of the required deposit.

45 A required deposit need not include, for example: (1) An escrow account for items such as taxes, insurance or repairs; (2) a deposit that earns not less than 5 percent per year; or (3) payments under a Morris Plan.

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#1011276 - 08/04/08 02:10 PM Re: Required deposit disclosure Ray_
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,836
Bloomington, IN
Quote:
the APY is less than 5%?


Ray gave you the correct regulatory citation but it should be clarified that the 5% is based on the rate being paid, NOT on the APY.
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The opinions expressed are mine and they are not to be taken as legal advice.

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