SECTION 160:45-5-3. Certain mortgage and variable-rate transactions

(a)   Mortgage transactions subject to RESPA.

(1)   Time of disclosures.

(A)   In a mortgage transaction subject to the Real Estate Settlement Procedures Act (12 USC 2601 et seq.) that is secured by the consumer's principal dwelling, other than a home equity line of credit subject to 160:45-3-3, the creditor shall make good faith estimates of the disclosures required by 160:45-5-2 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.

(B)   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 the 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.

(C)   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)   Redisclosure required. If the annual percentage rate at the time of consummation varies from the annual percentage rate disclosed earlier 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, asd defined in 160:45-5-6, 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 nonrefundable fee, whichever is earlier: 45b/

(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:

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

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

(C)   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.

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

(E)   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.

(F)   The frequency of interest-rate and payment changes.

(G)   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 the interest-rate carryover.

(H)   At the option of the creditor, either of the following:

(i)   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 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.

(ii)   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.

(I)   An explanation of how the consumer may calculate the payments for the loan amount to be borrowed based on either -

(i)   the most recent payment shown in the historical example in paragraph (b)(2)(H)(i) of this section; or

(ii)   the initial interest rate used to calculate the maximum interest rate and payment in paragraph (b)(2)(H)(ii) of this section.

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

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

(L)   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.

45a/   Information provided in accordance with variable-rate regulations of  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.

[Source: Amended at 17 Ok Reg 1587, eff 5-25-00; Amended at 25 Ok Reg 2164, eff 7-11-08; Amended at 26 Ok Reg 2474, eff 7-11-09; Amended at 27 Ok Reg 12, eff 8-6-09 through 7-14-10 (emergency); Amended at 30 Ok Reg 1026, eff 7-1-13]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-10 (after the 7-14-10 expiration of this emergency action), the text of 160:45-5-3 reverted back to the permanent text that became effective 7-11-09, as was last published in the 2009 OAC Supplement, and remained as such until amended by permanent action on 7-1-13.