12 U.S.C. § 4905
Disclosure requirements for lender paid mortgage insurance
(a) DefinitionsFor purposes of this section—(1) the term “borrower paid mortgage insurance” means private mortgage insurance that is required in connection with a residential mortgage transaction, payments for which are made by the borrower;(2) the term “lender paid mortgage insurance” means private mortgage insurance that is required in connection with a residential mortgage transaction, payments for which are made by a person other than the borrower; and(3) the term “loan commitment” means a prospective mortgagee’s written confirmation of its approval, including any applicable closing conditions, of the application of a prospective mortgagor for a residential mortgage loan.(b) ExclusionSections 4902 through 4904 of this title do not apply in the case of lender paid mortgage insurance.
(c) Notices to mortgagorIn the case of lender paid mortgage insurance that is required in connection with a residential mortgage transaction—(1) not later than the date on which a loan commitment is made for the residential mortgage transaction, the prospective mortgagee shall provide to the prospective mortgagor a written notice—(A) that lender paid mortgage insurance differs from borrower paid mortgage insurance, in that lender paid mortgage insurance may not be canceled by the mortgagor, while borrower paid mortgage insurance could be cancelable by the mortgagor in accordance with section 4902(a) of this title, and could automatically terminate on the termination date in accordance with section 4902(b) of this title;(B) that lender paid mortgage insurance—(i) usually results in a residential mortgage having a higher interest rate than it would in the case of borrower paid mortgage insurance; and(ii) terminates only when the residential mortgage is refinanced (under the meaning given such term in the regulations issued by the Board of Governors of the Federal Reserve System to carry out the Truth in Lending Act (15 U.S.C. 1601 et seq.)), paid off, or otherwise terminated; and(C) that lender paid mortgage insurance and borrower paid mortgage insurance both have benefits and disadvantages, including a generic analysis of the differing costs and benefits of a residential mortgage in the case lender paid mortgage insurance versus borrower paid mortgage insurance over a 10-year period, assuming prevailing interest and property appreciation rates;(D) that lender paid mortgage insurance may be tax-deductible for purposes of Federal income taxes, if the mortgagor itemizes expenses for that purpose; and(2) not later than 30 days after the termination date that would apply in the case of borrower paid mortgage insurance, the servicer shall provide to the mortgagor a written notice indicating that the mortgagor may wish to review financing options that could eliminate the requirement for private mortgage insurance in connection with the residential mortgage transaction.(d) Standard formsThe servicer of a residential mortgage transaction may develop and use a standardized form or forms for the provision of notices to the mortgagor, as required under subsection (c).
(Pub. L. 105–216, § 6, July 29, 1998, 112 Stat. 904; Pub. L. 106–569, title IV, §§ 403(c), 406(a), Dec. 27, 2000, 114 Stat. 2957, 2959.)Editorial NotesReferences in TextThe Truth in Lending Act, referred to in subsec.(c)(1)(B)(ii), is title I of Pub. L. 90–321, May 29, 1968, 82 Stat. 146, which is classified generally to subchapter I (§ 1601 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.
Amendments2000—Subsec. (c). Pub. L. 106–569, § 403(c)(1)(A), struck out “a residential mortgage or” before “a residential mortgage transaction” in introductory provisions.
Subsec. (c)(1)(B)(ii). Pub. L. 106–569, § 406(a), inserted “(under the meaning given such term in the regulations issued by the Board of Governors of the Federal Reserve System to carry out the Truth in Lending Act (15 U.S.C. 1601 et seq.))” after “refinanced”.
Subsec. (c)(2). Pub. L. 106–569, § 403(c)(1)(B), inserted “transaction” before period at end.
Subsec. (d). Pub. L. 106–569, § 403(c)(2), inserted “transaction” after “residential mortgage”.
Statutory Notes and Related SubsidiariesEffective DateSection effective 1 year after July 29, 1998, see section 13 of Pub. L. 105–216, set out as a note under section 4901 of this title.
Notes of Decisions
Augustson v. Bank of Am., N.A., 864 F. Supp. 2d 422 (E.D.N.C. 2012).
· cites it 7× “¶¶ 106-08 ; see also 12 U.S.C. §§ 4905 , 4907(a). Second, plaintiffs allege that Bank of America committed fraud under North Carolina law.”
Dwoskin v. Bank of Am., N.A., 850 F. Supp. 2d 557 (D. Maryland 2012).
· cites it 3× “” 12 U.S.C. § 4905 (a)(2). The disclosures include the fact that a loan with LPMI usually results in a higher interest rate than a loan with PMI and that unlike PMI, which can end automatically once borrowers have enough equity in their home, LPMI only terminates when a loan is…”
Matthew Dwoskin v. Bank of Am., N.A., 888 F.3d 117 (4th Cir. 2018).
· cites it 3× “See 12 U.S.C. § 4905 (c). Because no such conditions applied to the plaintiffs' loans, nondisclosure was not a Homeowners Protection Act violation.”
Gregor v. Aurora Bank FSB, 26 F. Supp. 3d 146 (D.R.I. 2014).
· cites it 2× “1 Count I asserts that both Defendants violated the federal Homeowners Protection Act, 12 U.S.C. § 4905 , by failing to disclose the lender-purchased mortgage insurance on their property at the closing.”
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