12 C.F.R. § 226.19

Certain mortgage and variable-rate transactions

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(a) Mortgage transactions subject to RESPA—(1)(i) Time of disclosures. In a mortgage transaction subject to the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.) that is secured by the consumer's dwelling, other than a home equity line of credit subject to § 226.5b or mortgage transaction subject to paragraph (a)(5) of this section, the creditor shall make good faith estimates of the disclosures required by § 226.18 and shall deliver or place them in the mail not later than the third business day after the creditor receives the consumer's written application.

(ii) Imposition of fees. Except as provided in paragraph (a)(1)(iii) of this section, neither a creditor nor any other person may impose a fee on a consumer in connection with the consumer's application for a mortgage transaction subject to paragraph (a)(1)(i) of this section before the consumer has received the disclosures required by paragraph (a)(1)(i) of this section. If the disclosures are mailed to the consumer, the consumer is considered to have received them three business days after they are mailed.

(iii) Exception to fee restriction. A creditor or other person may impose a fee for obtaining the consumer's credit history before the consumer has received the disclosures required by paragraph (a)(1)(i) of this section, provided the fee is bona fide and reasonable in amount.

(2) Waiting periods for early disclosures and corrected disclosures. (i) The creditor shall deliver or place in the mail the good faith estimates required by paragraph (a)(1)(i) of this section not later than the seventh business day before consummation of the transaction.

(ii) If the annual percentage rate disclosed under paragraph (a)(1)(i) of this section becomes inaccurate, as defined in § 226.22, the creditor shall provide corrected disclosures with all changed terms. The consumer must receive the corrected disclosures no later than three business days before consummation. If the corrected disclosures are mailed to the consumer or delivered to the consumer by means other than delivery in person, the consumer is deemed to have received the corrected disclosures three business days after they are mailed or delivered.

(3) Consumer's waiver of waiting period before consummation. If the consumer determines that the extension of credit is needed to meet a bona fide personal financial emergency, the consumer may modify or waive the seven-business-day waiting period or the three-business-day waiting period required by paragraph (a)(2) of this section, after receiving the disclosures required by § 226.18. To modify or waive a waiting period, the consumer shall give the creditor a dated written statement that describes the emergency, specifically modifies or waives the waiting period, and bears the signature of all the consumers who are primarily liable on the legal obligation. Printed forms for this purpose are prohibited.

(4) Notice. Disclosures made pursuant to paragraph (a)(1) or paragraph (a)(2) of this section shall contain the following statement: “You are not required to complete this agreement merely because you have received these disclosures or signed a loan application.” The disclosure required by this paragraph shall be grouped together with the disclosures required by paragraphs (a)(1) or (a)(2) of this section.

(5) Timeshare plans. In a mortgage transaction subject to the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.) that is secured by a consumer's interest in a timeshare plan described in 11 U.S.C. 101(53(D)):

(i) The requirements of paragraphs (a)(1) through (a)(4) of this section do not apply;

(ii) The creditor shall make good faith estimates of the disclosures required by § 226.18 before consummation, or shall deliver or place them in the mail not later than three business days after the creditor receives the consumer's written application, whichever is earlier; and

(iii) If the annual percentage rate at the time of consummation varies from the annual percentage rate disclosed under paragraph (a)(5)(ii) of this section by more than 1/8 of 1 percentage point in a regular transaction or more than 1/4 of 1 percentage point in an irregular transaction, as defined in § 226.22, the creditor shall disclose all the changed terms no later than consummation or settlement.

(b) Certain variable-rate transactions.45a If the annual percentage rate may increase after consummation in a transaction secured by the consumer's principal dwelling with a term greater than one year, the following disclosures must be provided at the time an application form is provided or before the consumer pays a non-refundable fee, whichever is earlier: 45b

45a Information provided in accordance with variable-rate regulations of other federal agencies may be substituted for the disclosures required by paragraph (b) of this section.

45b Disclosures may be delivered or placed in the mail not later than three business days following receipt of a consumer's application when the application reaches the creditor by telephone, or through an intermediary agent or broker.

(1) The booklet titled Consumer Handbook on Adjustable Rate Mortgages published by the Board and the Federal Home Loan Bank Board, or a suitable substitute.

(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:

(i) The fact that the interest rate, payment, or term of the loan can change.

(ii) The index or formula used in making adjustments, and a source of information about the index or formula.

(iii) An explanation of how the interest rate and payment will be determined, including an explanation of how the index is adjusted, such as by the addition of a margin.

(iv) A statement that the consumer should ask about the current margin value and current interest rate.

(v) The fact that the interest rate will be discounted, and a statement that the consumer should ask about the amount of the interest rate discount.

(vi) The frequency of interest rate and payment changes.

(vii) Any rules relating to changes in the index, interest rate, payment amount, and outstanding loan balance including, for example, an explanation of interest rate or payment limitations, negative amortization, and interest rate carryover.

(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 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.

(x) The fact that the loan program contains a demand feature.

(xi) The type of information that will be provided in notices of adjustments and the timing of such notices.

(xii) A statement that disclosure forms are available for the creditor's other variable-rate loan programs.

(c) Electronic disclosures. For an application that is accessed by the consumer in electronic form, the disclosures required by paragraph (b) of this section may be provided to the consumer in electronic form on or with the application.

[Reg. Z, 52 FR 48670, Dec. 24, 1987; 53 FR 467, Jan. 7, 1988, as amended at 61 FR 49246, Sept. 19, 1996; 62 FR 63443, Dec. 1, 1997; 72 FR 63474, Nov. 9, 2007; 73 FR 44600, July 30, 2008; 73 FR 44600, July 30, 2008; 74 FR 23301, May 19, 2009]

Notes of Decisions

Cited in 54 cases (2 in the last 5 years), 1990–2025 · leading case: Velazquez v. GMAC Mortg. Corp., 605 F. Supp. 2d 1049 (C.D. Cal. 2008).

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Velazquez v. GMAC Mortg. Corp., 605 F. Supp. 2d 1049 (C.D. Cal. 2008). · cites it 7× “See 12 C.F.R. § 226.19 (b)(2); Compl. ¶ 71. Plaintiffs also do not contest the authenticity of these documents.”

Mincey v. World Sav. Bank, FSB, 614 F. Supp. 2d 610 (D.S.C. 2008). · cites it 8× “17 ); (ii) that making the payments according to the payment schedule in the Truth in Lending Disclosure Statement provided by Defendants will result in negative amortization and that the principal balance will increase ( 12 C.F.R. § 226.19 ); and (iii) that the payment amounts…”

Amparan v. Plaza Home Mortg., Inc., 678 F. Supp. 2d 961 (N.D. Cal. 2008). · cites it 8× “Specifically, she claims that Defendant violated 12 C.F.R. § 226.19 by failing adequately to disclose (1) the actual cost of her loan, as expressed as an annual percentage rate (“APR”), (2) that the initial interest rate on the loan was discounted, and (3) that negative…”

McCutcheon v. Am.'s Servicing Co., 560 F.3d 143 (3rd Cir. 2009). · cites it 2× “12 C.F.R. § 226.19 n. 45b. McCutcheon indicates that Fremont received his application by December 20, 2005.”

Deutsche Bank Nat'l Trust v. Gilbert, 2012 IL App (2d) 120164 (Ill. App. Ct. 2012). · cites it 2× “19(b) of Regulation Z ( 12 C.F.R. § 226.19 (b) (2009)), the regulation that spells out how TILA is to be implemented.”

Monaco v. Bear Stearns Residential Mortg. Corp., 554 F. Supp. 2d 1034 (C.D. Cal. 2008). · cites it 2× “12 C.F.R. § 226.19 (b). The first set must be given “at the time the application form is provided or before the consumer pays a non-refundable fee, whichever is earlier” and includes “[t]he booklet titled Consumer Handbook on Adjustable Rate Mortgages” and “[a] loan program…”

Thomas W. McCarthy v. Option One Mortg. Corp. & Bnc Mortg., Inc., 362 F.3d 1008 (7th Cir. 2004). · cites it 2× “Specifically, McCarthy contends that he *1012 was not given a Consumer Handbook, as required by 12 C.F.R. § 226.19 (b). However, BNC demonstrated substantial compliance with this provision by presenting evidence of (1) procedures in place to ensure compliance with OTS…”

Boschma v. Home Loan Ctr., Inc., 198 Cal. App. 4th 230 (Cal. Ct. App. 2011). “” ( 12 C.F.R. § 226.19 (b)(2)(vii).) “If the initial interest rate will be a discount or a premium rate, creditors must alert the consumer to this fact.”

Watkins v. Wells Fargo Home Mortg., 631 F. Supp. 2d 776 (S.D.W. Va 2008). · cites it 2× “However, 12 C.F.R. § 226.19 (b), governing disclosures, does not require that national banks “include the highest payment possible in the amortization schedules provided consumers.”

John A. Begala v. Pnc Bank, Ohio, Nat'l Ass'n, 163 F.3d 948 (6th Cir. 1999). “The exceptions referred to concern certain residential mortgage and variable rate transactions, 12 C.F.R. § 226.19 , refinancings, assumptions, and variable rate adjustments, 12 C.”

Hopkins v. First NLC Fin. Servs., LLC (In Re Hopkins), 372 B.R. 734 (Bankr. E.D. Pa. 2007). · cites it 2× “Insofar as Count I is concerned, the plaintiffs allege that defendant First NLC loaned them money on September 7, 2005, but did not provide them with certain variable rate disclosures and booklets required by 12 C.F.R. § 226.19 , which failure constitutes a material violation of…”

Romero v. Countrywide Bank, N.A., 740 F. Supp. 2d 1129 (N.D. Cal. 2010). · cites it 2× “Disclosure of the certainty of negative amortization Plaintiffs allege that the Countrywide Defendants violated 12 C.F.R. § 226.19 (b) by failing to disclose that negative amortization was certain to occur if *1137 they made only the minimum payments shown in their payment…”

Show all 54 citing cases →

— 12 C.F.R. § 226.19(a) — 1 case

Barber v. Knox Cnty. Sch. Employees Credit Union (In Re Cox), 118 B.R. 94 (Bankr. C.D. Ill. 1990).

— 12 C.F.R. § 226.19(a)(2)(ii) — 1 case

Wells Fargo Bank, N.A. v. Eastham, 241 P.3d 1027 (Kan. Ct. App. 2010).

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