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#2290112 - 10/25/23 07:29 PM HE App Dislcosure Requirements for in-person app
LaurenNorcross Offline
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Joined: Feb 2020
Posts: 3
Unable to get clear answer from CFPB (or anywhere else) - if someone is applying for a home equity loan in-person, what disclosures are we required to hand to them immediately? We are thinking the Housing Counselors list but unable to determine any others.

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Lending Compliance
#2290118 - 10/25/23 08:23 PM Re: HE App Dislcosure Requirements for in-person app LaurenNorcross
Gertie Offline
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Joined: Jan 2016
Posts: 92
https://www.consumerfinance.gov/rules-policy/regulations/1026/40/#b

The Application Disclosure
(b) Time of disclosures. The disclosures and brochure required by paragraphs (d) and (e) of this section shall be provided at the time an application is provided to the consumer. The disclosures and the brochure may be delivered or placed in the mail not later than three business days following receipt of a consumer's application in the case of applications contained in magazines or other publications, or when the application is received by telephone or through an intermediary agent or broker.

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#2290136 - 10/26/23 02:45 PM Re: HE App Dislcosure Requirements for in-person app LaurenNorcross
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,867
Bloomington, IN
1026.40 applies to Home Equity LInes of Credit.

We are thinking the Housing Counselors list

1024.20—List of homeownership counseling organizations.
(a) Provision of list. (1) Except as otherwise provided in this section, not later than three business days after a lender, mortgage broker, or dealer receives an application, or information sufficient to complete an application, . . . . . .

The Home Loan Toolkit does not apply to subordinate lien loans. 1026.19(g)
If you sell or solicit credit insurance then you have to follow 343.40.
If the HE is a variable rate and secured by the consumer's principal dwelling the disclosures required by 1026.19(b)

Unless you have some state law specific disclosure requirements the Federal requirements are limited for subordinate lien closed-end loans.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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