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FEDERAL RESERVE B A * OF NEW YORK No. 10221 1 January 12, 1988 [ Circular TRUTH IN LENDING Amendment to Regulation Z Regarding Adjustable Rate Mortgages To All Depository Institutions, and Others Concerned, in the Second Federal Reserve District: On January 8, we sent you a circular (Cir. No. 10220) requesting com m ent on proposed changes in the O fficial Staff Com m entary on Regulation Z o f the Board o f Governors o f the Federal Reserve System that would offer guidance to creditors in com plying w ith the provisions o f an am endm ent to R egulation Z (Truth in Lending). Enclosed is a copy o f the text o f the am endm ent to Regulation Z , effective D ecem ber 2 8 ,1 9 8 7 , w hich has been reprinted from the Federal Register. In subm itting the am endm ent for publication in the Federal Register , the B oard o f G overnors issued the follow ing statement: The Federal Reserve Board has adopted an amendment to its Regulation Z, Truth in Lending, that will require creditors to provide consumers with more extensive information about the variable-rate fea ture of closed-end adjustable rate mortgages (ARMs), with longer than a one-year maturity, which are secured by the consumer’s principal dwelling. The Board’s final rule becomes effective October 1,1988 but creditors may comply immediately. The Board’s amendment requires creditors to provide consumers with a more detailed description of the variable-rate feature. An historical example that shows the effect that actual changes in index values would have had on payments on a $10,000 loan must be given to the consumer. And, creditors must provide a statement of the initial and maximum interest rates and payments for a $10,000 loan originated at the most recent interest rate shown in the historical example. The amendment to the regulation also requires that prospective borrowers be given an educational brochure about ARMs, either The Consumer Handbook on Adjustable Rate Mortgages published by the Board and the Federal Home Loan Bank Board, or a suitable substitute. All of this information must be given to the consumer at the time an application form is provided or before the consumer pays a nonrefundable fee, whichever is earlier. Single copies of The Consumer Handbook on Adjustable Rate Mortgages, referred to in the above statem ent, will be sent to depository institutions in this District as soon as they are m ade available to us by the B oard of Governors. Additional copies o f the Handbook m ay be obtained from the B oard for a sm all fee; for inform ation regarding those charges you should call the B oard’s Publi cations Section (Tel. No. 202-452-3244). Questions regarding this m atter may be directed to our C om pliance Exam inations D epartm ent (Tel. No. 212-720-8136). Additional copies o f this enclosure, or o f the earlier proposal, will be furnished upon request directed to the Circulars D ivision o f this Bank (Tel. No. 212-720-5215 or 5216). E. G erald C orrigan , President. Board of Governors of the Federal Reserve System TRUTH IN LENDING AM EN D M EN T TO REG U LA TIO N Z (effective Decem ber 28, 1987) burden of duplicative federal regulations. IFFIECTBV1 ©ATI: December 28,1987, but optional compliance until October 1, 1988. the regulations of two other federal financial agencies and the Department 12 CFR Part 22® of Housing and Urban Development (HUD) call for more extensive, detailed [Reg. £ Docket No. B-©54Sj information. The Federal Home Loan Bank Board (FHLBB) requires variableT ru th In b in d in g ; VariabS@=Rat® P©d PUP5TOIP? information: rate disclosures for federally-chartered DSseSQsur© Uncior R©guSatl@in) 2 Contact Michael S. Bylsma, Senior savings and loan associations and also Attorney, or Sharon T. Bowman or for certain other lenders that wish to A©ENCV: Board of Governors of the Thomas J. Noto, Staff Attorneys, market their loans to federally-chartered Federal Reserve System. Division of Consumer and Community savings and loans (12 CFR 545.33). The AeY8©N: Final rule. Affairs, Board of Governors of the Office of the Comptroller of the Federal Reserve System, Washington, Currency (OCC) mandates variable-rate DC, 20551, (202) 452-3667 or (202) 452disclosures for national banks and other 2412. For the hearing impaired only, summary: The Board is publishing a lenders that seek to market their loans final rule amending Regulation Z (Truth Telecommunications Device for the Deaf to national banks (12 CFR Part 29). (TDD), Earnestine Hill or Dorothea in Lending) to require creditors to Under the “Alternative Mortgage Thompson, at (202) 452-3544. provide more information about the Transaction Parity Act of 1982" (12 variable-rate feature of closed-end SUPPLEMENTARY INFORMATION: U.S.C. 3802), state-chartered institutions adjustable-rate mortgages than is and other mortgage lenders may take Background currently required under Regulation Z. advantage of federal authorization of For some time the Board has been The amendments require creditors to ARMs by following the rules of the working with the other federal financial FHLBB or the OCC. Finally, HUD distribute to consumers an educational regulatory agencies to develop a uniform prescribes disclosures for lenders booklet about adjustable-rate set of disclosures for adjustable-rate mortgages, and to provide a more wishing to participate in the Federal detailed description of the variable-rate mortgages (ARMs). This effort arose Housing Administration (FHA) because of concern about the different feature, along with an historical insurance program (24 CFR Parts 203 disclosure requirements imposed by the and 234). example. The information must be The federal financial agencies believe provided at the time an application form various federal agencies. Currently, four federal agencies require that lenders that this regulatory structure, which is given to the consumer or before the subject to their regulations provide consumer pays a non-refundable fee, requires different disclosures by different lenders delivered at different whichever is earlier. These revisions are specific disclosures about ARMs to times, is causing problems for both intended to address concerns regarding borrowers. Under Regulation Z, the Board requires that a variable-rate the adequacy of information given to consumers and mortgage lenders. The feature be described briefly to ability of consumers to understand and consumers applying for adjustable-rate consumers. In contrast to Regulation Z, make important decisions about ARMs mortgages and regarding the creditor FEDERAL RESERVE SYSTEM PRINTED IN NEW YORK, FROM FEDERAL REGISTER, VOL. 52, NO. 247, pp. 48665-48673 For this Regulation to be complete, retain: 1) Regulation Z pamphlet, revised effective April 1, 1981. 2) Amendments effective December 3, 1981f April 1, 1982, October 1, 1982, December 31, 1984, April 4, 1985, and December 16, 1986 (p r in te d in s lip s h e e t d a te d A p r il 1 9 8 7 ; a ls o in c lu d e s a m e n d m e n ts to th e T ru th in L e n d in g A c t). 3) Amendment effective December 9, 1987. 4) This slip sheet. F u r n is h e d on r e q u e s t — 5) Official Staff Commentary, effective October 16, 1984. 6) Amendments to the Official Staff Commentary (s lip s h e e t 1 9 8 7 ). [Enc. Cir. No. 10221] d a te d A p r il before entering into these transactions may be hampered by their receipt of different information about ARM programs depending on what type of lender they have approached. This problem is exacerbated by the variety of ARM products now being offered as well as the complexity of some of these programs. At the same time, these regulatory requirements have proven burdensome to the mortgage industry, particularly when mortgage lenders . must satisfy more than one regulation in order to take full advantage of the secondary market. Under certain circumstances, lenders who wish to originate mortgages for possible sale to either a federal savings and loan association or to a national bank may have to make disclosures under two agencies’ rules. Revisions to federal ARM disclosure requirements were initially requested by members of Congress in a letter to the Board in August 1984. The request called for uniform federal requirements for disclosures that include a “worst-case" statement of the highest interest rate and payment that might apply to an ARM. The Board asked the Federal Financial Institutions Examination Council (FFIEC) to assist in developing a recommendation for uniform requirements for the federal agencies with ARM disclosure regulations. After extensive deliberations by an FFIEC task force, the FFIEC made an initial recommendation to the Board in November 1984. As outlined by the FFIEC, the required disclosures would be specific to each consumer’s transaction and include a “worst-case" payment example based on hypothetical index rate increases of two percentage points per year for three years. Based on these recommendations, the Board proposed amendments to Regulation Z on May 15,1985 (50 FR 20221). Many of the Board’s 500 public comments on the 1985 proposal objected to both the potential burden on creditors of requiring transaction-specific disclosures and to the assumptions about index rate movement. For more than a year following the Board’s proposal of the initial disclosure scheme, the FFIEC considered alternative plans for uniform ARM disclosures. In August 1986, the FFIEC approved a proposal requiring that creditors provide two types of disclosures to consumers seeking information about ARMs: (1) The Consumer Handbook on Adjustable Rate Mortgages, or a suitable substitute, and (2) disclosures that fully describe each of the creditor’s ARM programs, with a 15-year historical example of how changes in the index or formula values used to compute interest rates.would have affected interest rates and payments on a $10,000 loan. In addition, the maximum interest rate and payment that could result under the program for the $10,000 loan would be disclosed. Based on the recommendations by the FFIEC and its own analysis, the Board on November 24,1986, again proposed to amend Regulation Z (51 FR 42241). On February 5,1987, the FHLBB proposed amendments to its ARM disclosure regulations which would require disclosures identical to what the Board proposed (52 FR 3665). The FHLBB regulation, as proposed, would cover all loans secured by borrower-occupied property (including open-end equity lines of credit.) Finally, on October 2, 1987, the OCC proposed to delete its ARM disclosure regulation and to defer to revised Regulation Z disclosure requirements (52 FR 36953). A total of 135 comments were received during the 60-day period for public comments on the Board’s proposal. Generally, commenters supported the concept of uniformity in federal ARM disclosure regulations. Most commenters also endorsed the proposal to require disclosures based on the features of the loan program but not specific to an individual consumer’s actual loan amount. On the other hand, about one-fifth of the commenters expressed general opposition to the proposal. These commenters questioned the need for expanded disclosure requirements under Regulation Z and stated that the disclosures would be more costly to prepare and to distribute than the existing disclosures. Many commenters also maintained that the coverage of the proposal was too broad. For example, it was asserted that compliance with the proposed advance notice of interest rate adjustments would be difficult with certain short term loans such as bridge loans. It was also argued that the 15-year index history would not be meaningful to consumers considering short-term loans, and that the disclosures would be difficult to prepare for loans that are custom-tailored to an individual consumer’s needs. Many commenters suggested limiting coverage of the amendments to purchase-money and refinancing transactions which are variable-rate and secured by the consumer's principal dwelling. On the other hand, several commenters supported the coverage of the proposal. Some commenters argued that the proposed disclosures should also be required for open-end home equity lines. These commenters noted that home 2 equity plans have become more prevalent since the Tax Reform Act of 1986 and impose great risks to consumers whose homes are burdened with such indebtedness. Other commenters requested that creditors be allowed to substitute the expanded disclosures for the existing Regulation Z ARM disclosures for all variable-rate transactions, whether or not secured by the consumer’s principal dwelling. Many commenters favored the requirement of an example showing how the payments and loan balance of a $10,000 loan would have been affected by historical changes in the index for a 15-year period. Other commenters questioned the usefulness of the historical information and argued that the recent interest rate fluctuations would not be repeated in the future. Commenters also maintained that the historical example would be burdensome to prepare. Some commenters recommended a shorter example or even one based on hypothetical index rate increases over a short period. Some commenters, particularly members of the thrift industry, reversed their previously stated opposition to an example based on hypothetical rate increases and recommended that form of example as a substitute for the historical example. Many commenters supported the requirement that the maximum interest rate and payment be stated. These commenters argued that the statement would be a useful supplement to the historical example which might not reflect a potential worst-case for the loan in the future. HUD recommended that the maximum payment be stated as a schedule of payment increases showing the initial and maximum payments to correspond to its statutory disclosure requirements. Other commenters stated that the information might portray ARMs in a highly negative light. A few of these commenters requested that the dicslosure show the lowest rate and payment possible under the program. Finally, several commenters addressed the proposed requirement for advance notice of interest rate and payment adjustments. The primary criticism was that the advance notice was required at least 30 days before the effective date of an interest rate adjustment and not before a payment at the new level is due, as is currently required by the OCC. The commenters stated that this proposed requirement would cause problems for lenders offering 3hort-term ARMs that closely track changes in the index values. Some commenters recommended reducing the number of days before an adjustment that notice is required and clarifying that notice should be given before a payment at a new level is due. After considering all of the comments, the Board has made changes in the final amendments designed to alleviate the burden of compliance without compromising the amount or detail of information recommended by the FFIEC to be disclosed to consumers. For example, in response to the comments, the Board has made a minor change to the coverage of the amendments, a modification of the requirement for a statement of the maximum interest rate and payment, and a change to the timing of the adjustment notice requirements, as explained below. Generally, the Board has not adopted the other changes suggested by commenters which would substantially alter the uniform disclosure provisions developed by the FFIEC. dwelling. Creditors who substitute the disclosures under § 226.19(b) for the disclosures ordinarily required under | 226.18(f)(1) also must comply with the requirements under § 226.18(f)(2), although they need not complywith the requirements under § 226.20(c). The footnote does not permit substitution of disclosures required under § 226.18(f)(1) in transactions subject to § 226.19(b). (Home equity lines, in which an openend line of credit is secured by the consumer’s home, are not subject to the new requirements, which apply only to closed-end mortgages.) All other consumer credit transactions that ’ contain a variable-rate feature would continue to be subject to the existing variable-rate disclosure requirements in Regulation Z. • As recommended by the FFIEC, the amendments will require that ARM disclosures, including both the ARM brochure and the other detailed ARM information, be provided to prospective Amendments to Regualtloa Z borrowers when an application form is Based on recommendations from the furnished or before the payment of a FIEC, the Board is adopting amendments non-refundable fee, whichever is earlier. to Regulation Z to provide more This rule will permit creditors to provide information to consumers about the detailed disclosures to consumers as adjustable-rate mortgages. These an insert to the ARM brochure when it is amendments will require a handbook to given. Disclosure at this point in time is be distributed to consumers, as well as possible under the amendments because detailed disclosures about a creditor’s the new rule would require that ARM loan programs. The new ARM disclosures reflect ARM loan program disclosure requirements have been features, but not the terms of individual added to the regulation at § 226.19(b) transactions. Footnote 45b provides a and § 226.18(f)(2) while new subsequent special timing rule (replacing the general disclosure requirements for ARMs have timing rule) for cases where an ARM been added at § 226.20(c). application reaches a creditor by The amendments apply to closed-end telephone, or by way of an intermediary credit transactions secured by the agent or broker. In both such cases, both consumer’s principal dwelling. This the ARM brochure and the other coverage includes purchase-money detailed ARM information must be mortgages, in which the consumer is placed in the mail or delivered not later obtaining a mortage loan for the purpose than three business days after the of purchasing a home, as well as creditor receives the consumer’s transactions in which the consumer is application. The proposed special timing using the home as security for a loan. In rule for intermediary agents or brokers response to comments received about has been expanded to cover telephone potential compliance problems for short applications in response to comments term loans, an exemption from the new discussing potential compliance disclosure requirements has been problems with the requirement of preprovided for transactions secured by the application disclosures for transactions consumer’s principal dwelling with a in which the application is made by term of one year or less. These loans telephone. will continue to be covered by the Under the new timing rule, the new existing disclosure requirements of variable-rate disclosures will be given to | 226.18(f)(1) of Regulation Z. consumers earlier than the standard Footnote 43 will allow creditors to Truth in Lending information required substitute the new disclosures for any by § 226.18. A sentence has been added loan subject to the existing requirements to § 226.17(b) to cross-reference the of § 226.18(f)(1) of the regulation. This early timing requirements for ARMs. In will allow creditors to treat all variable- addition, a new paragraph (f)(2) has rate transactions the same without been added to § 226.18 to require that having to provide different disclosures the later Truth in Lending disclosures be depending on whether the loan is revised to include a statement that an secured by a consumer’s principal adjustable-rate feature exists and that 3 the variable-rate disclosures have been provided to the consumer. A new paragraph (b)(1) requiring a descriptive ARM brochure has been added to § 226.19. The paragraph requires that creditors give each consumer a brochure when an application form is given to a consumer or before a consumer pays a nonrefundable fee, whichever is earlier. The rule ensure that every consumer considering applying for an ARM will receive a brochure at an early stage in the application process. The Consumer Handbook on Adjustable Rate Mortgages, developed by the Board and the FHLBB, may be used by creditors to fulfill this requirement if they choose. The amendments would also permit creditors to provide a “suitable substitute” in place of the Consumer Handbook. Rather than the Board’s evaluating whether an individual " creditor’s ARM brochure is a "suitable substitute,” individual creditors should make a good faith determination of whether a brochure is, in fact, a suitable substitute. The Board envisions that substitutes must be, at a minimum, comparable to the Consumer Handbook in substance and comprehensiveness, recognizing that some lenders’ brochures may contain more detailed descriptions of their particular ARM programs than contained in the Consumer Handbook. The Consumer Handbook has been reprinted for resale by private publications companies, and by various trade organizations such as the American Bankers Association, the Mortgage Bankers Association, the National Council of Savings Institutions and the U.S. League of Savings Institutions. Amendments also have been made in § 226.19(b)(2). They required that detailed, specific information about major aspects of a variable-rate loan program be clearly disclosed to consumers. To illustrate the requirements, sample form H-14 in Appendix H of the regulation has been revised, and model clauses have been included in a revision to Appendix H-4. Under the amendments, creditors will be required to identify the index to which interest rate changes are tied, or provide a brief description of the formula used in calculating changes if no index is used. If the interest rate changes are purely discretionary or are made by an internally defined index, the creditor will still need to describe the method of rate changes or state that they are discretionary. A source of information about an index also must be disclosed. For example, if index values are listed in the Wall Street Journal, creditors could make such a statement in disclosing a source of information about their index. The amendments call for an explanation of how the interest rate and payment will be determined, for example, by a statement that the interest rate will be based on a specified index plus a margin and that the payment will be based on the interest rate, the loan balance, and the . remaining loan term. Furthermore, * creditors will be required to include a j statement suggesting that consumers ask for the current margin value and interest rate. The disclosures also will alert consumers about a discount feature when the initial rate is discounted and will contain a statement suggesting that consumers ask for the amount of the applicable interest rate discount. In addition, the frequency of rate and payment adjustments will be disclosed, along with rate and payment caps. If the presence of rate or payment caps would result in interest rate carryover or negative amortization, the -disclosure statement would need to contain a statement about those features. Two other disclosures must be made: the fact that a loan program contains a demand feature, if applicable, and a statement describing the type of information that will be contained in an adjustment notice and when each notice will be provided. Finally, creditors will be required to include a notice to consumers that disclosure forms are available for the creditor’s other ARM loan programs if the creditor has other closed-end ARM programs subject to the amendments. One significant feature of the amendments is the requirement of an example, based on a $10,000 loan, illustrating how payments and the loan balance would have been affected by historical changes in the index to be used. Because the example will not be based on the actual amount to be borrowed, creditors will be able to pre print the disclosures for each loan program and give them to consumers with an ARM handbook. The provision that the example be based on the historical performance of individual indices, rather than on assumed rate increases, reflects the revised recommendation of the FFIEC. Creditors also will be required to include a statement on the disclosure form explaining to consumers how to calculate their actual monthly payment amount for a loan amount other than $10,000. The example based on $10,000 also reflects the recommendation of the FFIEC, and is premised, in part, on the rationale that Figures based on a $10,000 figures. Because disclosures will be example provide information that „ given early, creditors will need to consumers can use with minimal difficulty to calculate their actual assume a value for the margin in order monthly payments for a specific to do the calculations for the example. Creditors-may select a margin that they transaction. The amendments require that the example shown be based on the have used during the preceding six history of the specific index or formula months and disclose on the form that the to be used In the loan program. The margin is one that they have used index values used in the example will . recently. The margin selected may be begin with the value for 1977 and be used until a creditor updates the updated annually to add the values for j disclosure form t© reflect the most additional years until a 15-year history . ! recent 15 years of index values. is shown. For example, the disclosures | Similarly, to the extent that the ARM .■ for an ARM made in 1988 would include | program has a discounted initial rate, index values for each year from 1977 creditors also will be permitted to assume an amount by which the initial r through 1987. In each subsequent year rate will be discounted—which is until 1991, a creditor’s disclosures will representative of the amount of include the index value for one more discounts by the creditor during the ■ . year. From that time forward, lenders preceding six months—and disclose on will show a “rolling" history of index the form that the initial rate has been values, updated annually, for the preceding 15 years. | discounted to the extent of other j discounts.offered by the creditor . If the values for an. index have not been available back t© 1977, creditors ' recently. The provision for a ■,. need only go back as far as the values - representative discount was added to have been available in giving the history respond to the concerns expressed by and may start the example at the year in creditors about the need for individual which values are available. The history program disclosure forms to reflect the amount of every discount offered by the should reflect the method of choosing values for each program. For instance, if creditor—amounts which could fluctuate daily depending upon market conditions.. an average of index values is used, The amendments also require averages would be used in the history, but if a single index value is used, a disclosure of the maximum interest rate single index value would be shown. The and paym ent These disclosures would creditor should assume one date within be calculated based on a $10,00® Jean a year (or one period, if an average is that is originated at the most recent used) on which to base the history of interest rate shown in the historical index values for each loan program. The example, and would assume that the creditor may choose to use index values interest rate then increases as rapidly as as of any date or period as long as the possible under the program. Thus,, in a index value as of this date or period is loan with interest rate limitations, or ... used for each year in the index history. “caps,” of 2 percentage points per year,Only one index value per year need be and 5 percentage points for the life of shown, even if the program provides for the loan, the maximum Interest rate adjustments to the interest rate or would be 5 percentage points higher payment more than once in a year. In than the most recent rate shown in the such cases, the creditor may assume historical example. Furthermore, the that the index rate remained constant loan would not reach the maximum for the full year for the purpose of interest rate increase until the fourth calculating the interest rate, payment, year of the loan because of the 2 and loan balance. Updating will be percentage points annual limitation. necessary only once each year to reflect Consequently, the maximum payment the most recent year’s index value. New disclosed would reflect the amortization disclosures would be required when an of the loan during that period. Finally, to ARM program changes. (To assist enable FHA lenders to follow the new creditors in constructing histories of requirements, this provision has been = certain common indices, the Board has modified also to require a statement of included tables of index values inthe initial Interest rate and payment for section 3 below.) that loan. The Board believes that this requirement will also benefit consumers The payment and outstanding loan by providing a point of reference for balance figures in the example must evaluating the stated maximum levels reflect all significant loan program for an ARM. terms. For example, features such as rate and payment caps, a discounted The final amendments do not contain interest rate, negative amortization, and the proposed requirement that ARMs interest carryover need to be taken into without limitations on the maximum account by creditors in calculating the increases in the interest and payment payment and outstanding balance contain a “conspicuous” statement to 4 that effect That provision Is no longer necessary in light of section 1204 of the Competitive Equality Banking Act of 1 9 8 Pub. L No. 1Q0-86, section 1204, and the recent amendment to Regulation Z, which require that all dwellingsecured ARM loans contain the maximum interest rate that may apply during the loan term. As mentioned earlier, the ARM disclosures given before application will describe the type of Information that ‘ will be provided In notices ©f • adjustments and the timing for such notices. A paragraph also has been added as 1220.20(c) to require a subsequent disclosure form. The new section will apply, except as provided in footnote €3,' to all ARMS that have been disclosed in accordance with the new ■■ 1226.19(b) requirements. Regulation Z does not currently require a subsequent disclosure of rate and payment-changes,' although the existing GCC, FHLBB, and HUD regulations already require it. The new paragraph requires notice of the ' ' adjusted payment amount, Interest rate, index rate, and loan balance. The creditor also will be required to disclose the extent to which any increase in the interest rate has-not been fully implemented at the adjustment date (for example, if the new index plus margin would exceed an interest rate adjustment cap), and the payment that would be required to fully amortize a loan (if different from the payment already'disclosed). In transactions providing that payment adjustments may accompany interest rate adjustments, creditors- would be required to send borrowers notice at least 25, but not more than 120, days before the due date of a payment at the new level. The final amendment differs from the proposal which called for a notice at least 30 days before the effective date of each scheduled interest rate adjustment The minimum advance notice was revised to 25 days to track the existing notice requirements of the OCC and to provide creditors more flexibility in giving adjustment notices for the variety of loans that will be subject to the new subsequent disclosure requirements. At the same time, the Board believes that the timing of the disclosures still will provide • consumers with adequate advance notice of adjusted payment amounts. The timing requirement was clarified to refer to calendar days and a requirement that the disclosures must be delivered or placed ia the mail within the specified period was added for consistency with the requirements for delivery of other disclosures, such as when an application is made by telephone or through an intermediary agent or broker. Finally, the timing provision was tied to the due date of the payment at a new level rather than to the effective date of the interest rate adjustment. Notice is required to be .given whenever interest rate adjustments and corresponding payment adjustments can be made periodically under the loan agreement but are not made because, for example, the Index values have not changed or an interest rate cap has prevented any such adjustments. However, creditors are required to send borrowers notice only once each year If interest rate . adjustments are made without a . ... corresponding payment adjustm ent . .... Thus, for example, in transactions where the interest rate may be adjusted more frequently than the paym ent the creditor would be required to send at least one notice each year during which there have been interest rate adjustments but no corresponding payment adjustments. Finally, footnote 43 to Regulation Z has been retained and renumbered footnote 45a. Retention of the footnote will permit creditors who are required to comply with variable-rate disclosure regulations of other federal agencies to substitute those disclosures for the disclosures required under these amendments. Because the FHLBB likely will adopt disclosure requirements identical m substance to the final amendments to Regulation Z, certain creditors will be permitted to give the uniform ARM disclosures under FHLBB rules without being required to make identical disclosures under Regulation Z. (As proposed the FHLBB regulations would also require certain other disclosures applicable to the ARM relating to due-on-sale clauses, rate changes and prepayment penalties, escrow payments, call provisions, and conditions of default. Because the FHLBB proposal would permit FHLBB= regulated institutions to purchase from other unaffiliated lenders ARMs for which only the uniform disclosures have been made, the secondary market ' should not be affected by the FHLBB’s Table 1.-—Constant Maturity Yield on United States Treasury S ecurities Average for first week ending in January (percent Year ____ __ ____________ . ■___ 1977................................. . ... 1970. 1979 1980............................... ............. .............. ................................................... . ........................... 1981. 1982. 1983............................. ...................................................................... ........ 1984. 1985. ......... ...................................................... 1986....................................' ..................... , T a b l e 2 . — M is c e l l a n e o u s A R M In d i c e s January (per cent) Year a. w buq s© h i July (per cent} 3 Year S02 7.03 10.51 12.02 13.86 13.03 8.62 10.02 0 19 7.63 5.97 5 Year 5.83 7.40 9.58 10.75 1281 14 09 9 65 11.04 10.58 8.25 8.54 11 Year 8.24 7.59 9.30 10.52 12.54 14 04 10.04 11.50 11.16 @50 6.79 3 Year 5.72 ©.34 . S.44 8.51 *4.94 14 41 0.78 12.17 7.86 6.36 6.71 5 Year 6.32 0.51 0.70 9.15 14.58 14.81 10.47 13.38 8.98 8.99 7.72 3.63 8.50 0.73 9.47 14.28 14.73 10.80 13.67 9.53 7.21 7.80 T a b l e 2 .— M i s c e l l a n e o u s A R M I n d i c e s — T a b l e 2 .— M i s c e l l a n e o u s A R M I n d i c e s — C o n t in u e d C o n t in u e d January (percant} Year July (parcent) Year January (percent} July (percent) s-m js yiistsra institution© 1977....................... ............................ 1978..... .........................._________ ____ _ 1979....................... ..................................... 1980...-.............................................. ........ 1931........................ ...... ................ .......... 1982...................... ...................................... Average for first weak ending in July 1 Year aa sm n.a 8.78 10.45 11.95 1983............................................. _........... 1984................ .... ...................................... aa. aa. n.a. 9.67 11.85 12.23 10.46 10.03 9.68 10.71 7.40 7.28 0. National Average e© «tra«t Interest Rato Per KJaSey Londaro m tha (Pureftaco @5 ProvteuaSy O ccupied H®moo 1978 1979 . . 1981..................... ....................... ............. 5 @95 10 08 9.41 10 67 13.24 14.77 Semiannual Penod Quarterly Period Year April— June January— March July— September October— December January— June Juty— December D. National Average Coat of Funds Ratio to FSLIC-lnaured Institutions (percent) 1977 ' • _ 1978.................................................................. ..................................................... .................................................... 1979............................................................................................................................................................................ 1980................................................................................................................................................ ........................... 1981................................................................... ............................................................... ......................................... 1982...... :........:........................................................................................................................................................... 1983...............„........................................................................................................................................................... 1984............................................................................................................................................................................. 1985............................................................................................................................................................................ 1986............................................................................................................................................................................ 1987.................................................... ..................................................................................................................... retention of these additional disclosures.) The footnote will also benefit lenders originating ARMs insured by the Federal Housing Administration, which has not yet adopted the uniform requirements. Furthermore, FHA lenders may continue to take advantage of the footnote at the time HUD amends its ARM disclosure requirements to adopt the uniform requirements. Creditors also will be permitted to utilize the subsequent disclosure requirements of other federal agencies in place of the subsequent disclosure requirements of § 226.20(c). The FHLBB likely will adopt subsequent disclosure requirements identical to those required under § 226.20(c), A new footnote 45c has been added to permit this substitution. Changes have also been made to Appendix H by redesignating model clause H-4 as H-4(A); adding model clauses H-4(B), H-4(C) and H4(D), and substituting sample form H-14 with a new form. (The official staff commentary interpreting these regulatory changes is being published for comment in this issue of the Federal Register.) 9.74 9.58 8.49 7.11 maturities of 1, 3, and 5 years. Weekly average values are provided as of the first week ending in January and in July. Table 2 provides the January and July monthly average values for three other indices— the Cost of Funds Ratio to 11th Federal Home Loan Bank District Institutions, the National Average Contract Interest Rate for Major Lenders on the Purchase of Previously Occupied Homes, and the National Monthly Median Cost of Funds Ratio to FSLICInsured Institutions. It also includes the semiannual and quarterly average values for the National Average Cost of Funds Ratio to FSLIC-Insured Institutions. Years in which index values were not available are marked “n.a.” (Creditors need not use these tables in constructing their index histories. Furthermore, the dates used in these tables were selected merely to provide index values at two or more points within each year. Creditors may choose to use the applicable index values in these tables even if index values as of another date are used in their ARM program.) Economic Impact Statement The Board’s Division of Research and Statistics has prepared an economic To assist creditors in constructing impact statement on the proposed histories of various indices used in their revisions to Regulation Z. A copy of the ARM programs, the Board has prepared analysis may be obtained from tables of values for common indices for Publications Services, Board of the years 1977-1987. Table 1 provides Governors of the Federal Reserve System, Washington, DC. 20551, at (202) the values for United States Treasury 452-3245. securities adjusted to constant Tables of Certain Index Values 6 n.a. aa. n.a. n.a. n.a. 9.80 9.35 8.21 7.06 n.a. n.a. n.a. n.a. n.a. n.a. aa. n.a. 10.27 9.04 7.99 n.a. n.a. n.a. n.a. n.a. 10.31 8.79 7.53 6.39 6.54 7.23 8.77 10.31 11.49 9.81 9.77 9.47 8.35 7.09 6.48 6.79 7.71 9.11 11.53 11.27 9.84 10.29 8.92 7.76 List of Subjects in 12 CFR Part 226 Advertising, Banks, banking, Consumer protection, Credit, Federal Reserve System, Finance, Penalties, Rate limitations. Truth in lending. For reasons set out in this notice, and pursuant to the Board’s authority under section 105 of the Truth in Lending Act (15 U.S.C. 1604 as amended), the Board amends Part 226 as follows: PART 226—TRUTH IN LEMDSNG 1. The authority citation for Part 226 continues to read as follows: Authority: Sec. 105. Truth in Lending Act, as amended by sec. 605. Pub. L. 96-221, 94 Stat. 170 (15 U.S.C. 1604 e t s e q .); sec. 1204(c), Competitive Equality Banking Act, Pub. L. 100-86,101 Stat. 552. 2. Section 226.17 is amended by revising paragraph (b) to read as follows: § 226.17 + * General disclosure requirements. * * * (b) Time o f disclosures. The creditor shall make disclosures before consummation of the transaction. In certain residential mortgage transactions, special timing requirements are set forth in § 226.19(a). In certain variable-rate transactions, special timing requirements for variablerate disclosures are set forth in § 226.19(b) and § 226.20(c). In certain transactions involving mail or telephone orders or a series of sales, the timing of reflect the most recent 15 years of index a n irregular transaction, as defined in values. The example shall reflect all | 226.22, the creditor shall disclose the significant loan program terms, such as changed terms no later than 6 a $ A negative amortization, interest rate consummation or settlem ent carryover, interest rate discounts, and (b) Certain variable-rate 3. Section 226.18 is amended by revising footnote 43 and paragraph (f) to transactions.45Q If the annual percentage interest rate payment limitations, that rate may increase after consummation would have been affected by the index read as follows: in a transaction secured by the movement during the period. consumer’s principal dwelling with a (ix) An explanation of how the § 226.18 @ff disclosures. * * * * * term greater than one year, the following consumer may calculate the payments disclosures must be provided at the time for the loan amount to be borrowed (f) Variable rate. (1) If the annual an application form is provided or based on the most recent payment percentage rate may increase after before the consumer pays a nonshown in the historical example. consummation in a transaction not (x) The maximum Interest rate and refundable fee, whichever is earlier:45b secured by the consumer’s principal (1) The booklet titled Consumer payment for a $10,000 loan originated at dwelling or in a transaction secured by the most recent interest rate shown in the consumer’s principal dwelling with a Handbook on Adjustable Rate Mortgages published by the Board and the historical example assuming the term of one year or less, the following the Federal Home Loan Bank Board, or a maximum periodic increases in rates disclosures:43 suitable substitute. and payments under the program; and (i) The circumstances under which the (2) A loan program disclosure for each the initial interest rate and payment for rate may increase. variable-rate program in which the that loan. (ii) Any limitations on the increase consumer expresses an interest. The (xi) The fact that the loan program (iii) The effect of an increase. following disclosures, as applicable, contains a demand feature. (iv) An example of the payment terms shall be provided: . (xii) The type of information that will (i) The fact that the interest rate, that would result from an increase. be provided in notices of adjustments . (2) If the annual percentage rate may payment, or term of the loan can change. ■and the timing of such notices. (ii) The index or formula used in (xiii) A statement that disclosure increase after consummation in a making adjustments, and a source of forms are available for the creditor’s transaction secured by the consumer’s information about the index or formula. other variable-rate loan programs. principal dwelling with a term greater (iii) An explanation of how the 0. ’S ection 226.20 is amended by than one year, the following disclosures: interest rate and payment will be adding paragraph (c) to read as follows: • (1) The fact that the transaction determined, including an explanation of contains a variable-rate feature. § 226.20 Subsequent disclosure how the index is adjusted, such as by (ii) A statem ent that variable-rate . requirements. the addition of a margin. is it it it it disclosures have been provided earlier. (iv) A statement that the consumer * * -* * it (c) Variable-rate adjustments.45£ An should ask about the current margin adjustment to the interest rate with or value and current interest rate. § 226.22 [Amended!] without a corresponding adjustment to (v) The fact that the interest rate will 4. Section 226.22 is amended by be discounted, and a statement that the the payment in a variable-rate redesignating footnote 45a as 45d. transaction subject to § 226.19(b) is an consumer should ask about the amount 5. Section 226.19 is revised to read as of the interest rate discount. event requiring new disclosures to the. follows: (vi) The frequency of interest rate and consumer. At least once each year during which an interest rate adjustment payment changes. § 226.1 S (Sestain rtgssdtetmfei mortgage and (vii) Any rales relating to changes in is implemented without an variable-rate transactions. the index, interest rate, payment accompanying payment change, and at (a) R e sid en tia l mortgage transactionsamount, and outstanding loan balance least 25, but no more than 120, calendar subject to RESPA. —(1) Tim e o f including, for example, an explanation days before a payment at a new level is disclosures. In a residential mortgage of interest rate or payment limitations, due, the following disclosures, as transaction subject to the Real Estate negative amortization, and interest rate applicable, must be delivered or placed Settlement Procedures Act (12 U.S.C. carryover. in the mail: 2601 e t seq.) the creditor shall make (viii) An historical example, based on (1) The current and prior interest good faith estimates of the disclosures a $10,000 loan amount, illustrating how rates. required by § 226.18 before payments and the loan balance would (2) The index values upon which the consummation, or shall deliver or place have been affected by interest rate current and prior interest rates are them in the mail not later than three changes implemented according to the based. business days after the creditor receives terms of the loan program. The example (3) The extent to which the creditor the consumer’s written application, shall be based upon index values has foregone any increase in the interest whichever is earlier. beginning in 1977 and be updated rate. (2) R edisclosure required. If the annually until a 15-year history is (4) The contractual effects of the annual percentage rate in the shown. Thereafter, the example shall adjustment, including the payment due consummated transaction varies from after the adjustment is made, and a the annual percentage rate disclosed statement of the loan balance. 4 8 0 Information provided in accordance with under § 226.18(e) by more than Vs of 1 (5) The payment, if different from that variable-rate regulations of other federal agencies percentage point in a regular transaction may be substituted for the disclosures required by referred to in paragraph (c)(4) of this or more than lA of 1 percentage point in paragraph (b) of this section. disclosures may be delayed in accordance with paragraphs (g) and (h) of this section. Information provided in accordance with i§ 226.18(f)(2) and 226.19(b) may be substituted for the disclosures required by paragraph (f)(1 ) of this section. 43 486Disclosures 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. 7 ^Information provided in accordance with variable-rate subsequent disclosure regulations of other federal agencies may be substituted for the disclosure required by paragraph (c) of this section. section, that would be required to fully How Your Interest Rate and Payment are Determined amortize the loan at the new interest rate over the remainder of the loan term. 0 Your interest rate will be based on [an index plus a margin] [a formula]. ® Your payment will be based on the interest rate, loan balance, and loan term. 7. Appendix H is amended by —[The interest rate will be based on redesignating H-4 as H-4[A] and (identification of index) plus our margin. revising the heading in the table of Ask for our current interest rate and Contents, by adding H-4(B), H-4(C). and margin.] H-4(D), and by revising H-14 and the —[The interest rate will be based on heading in the table of contents to read (identification of formula). Ask us for our as follows: current interest rate.] —Information about the index [formula for Appendix H—Closed-end Model Forms rate adjustments] is published [can be found]_______ and Clauses —[The initial interest rate is not based on the * * * * * (index) (formula) used to make later H-4(A) Variable-Rate Model Clauses adjustments. Ask us for the amount of (§ 226.18(f)(1)) current interest rate discounts.] H-4(B) Variable-Rate Model Clauses How Your Interest Rate Can Change (§ 226.18(f)(2)) ° Your interest rate can change H-4(C) Variable-Rate Model Clauses (frequency). (§ 226.19(b)) ° [Your interest rate cannot increase or H-4(D) Variable-Rate Model Clauses decrease more than_____ percentage points (§226.20(c)) at each adjustement.] * ☆ * * * ° Your interest rate cannot increase [or H-14 Variable-Rate Mortgage Sample decrease] more than_____ percentage points (§ 226.19(b)) over the term of the loan. * * * * * How Your Payment Can Change H-4(A) Variable-Rate Model Clauses ° Your payment can change (frequency) * * * * * based on changes in the interest rate. 0 [Your payment cannot increase more H -4 (B ) V a r ia b le -R a te M o d e l C la u s e s than (amount or percentage) at each Your loan contains a variable-rate feature. adjustment.] Disclosures about the variable-rate feature • You will be notified in writing__ _ _ have been provided to you earlier. days before the due date of a payment at a new level. This notice will contain H -4 (C ) V a ria b le-R a te M o d e l C lau ses information about your interest rates, This disclosure describes the features of payment amount, and loan balance. the Adjustable Rate Mortgage (ARM) ° [You will be notified once each year during which interest rate adjustments, but program you are considering. Information on no payment adjustments, have been made to other ARM programs is available upon your loan. This notice will contain request. Appendix H—[Amended] Year information about your interest rates, payment amount, and loan balance.] ° For example, on a SlO.OOO [term] loan with an initial interest rate o f _____ (the rate shown in the inters! rate column below for the year 19-------- ), the maximum amount that the interest rate can rise under this program i s _____ percentage points, to -------- %, and the monthly payment can rise from a first-year payment of $_____ to a maximum of $__ ___ in th e______ year. Example The example below shows how your payments would have changed under this ARM program based on actual changes in the index from 1977 to 1991. This does not necessarily indicate how your index will change in the future. The example is based on the following assumptions: Amount of loan........... $1 0 , 0 0 0 Term.............................. ....................... Change date................ ................... Payment adjustment.... (frequency) Interest adjustment (frequency) [Margin] *..................... ....................... C aps----- [periodic interest rate cap] _____ lifetime interest rate cap _____ [payment cap] [Interest rate carryover]— [Negative amortization] [Interest rate discount] ** Index............................. (identification of index or formula) ' This is a margin we have used recently: your margin may be different. "'This is the amount of a discount we have provided recently; your loan may be discounted by a different amount. Index (%) Margin (percentage points) Interest rate (%) Monthly payment (S) Remaining balance (S) 1977................................................................................................................................................................... ................. 1978..........................;.......................................................................................................................................................... 1979...................................................................................................................................................................................... 1980...................................................................................................................... ............................................................... 1981................................................................................................................................................................................... 1982............................................................ :...... ..................................................................................„.............................. 1983..................................... ................................................................................................................................................ 1984 .................................................................................................................................................................................... 1985 .............................. ..................................................................................................... ........................................ ........ 1986....................................................... .............................................................................................................................. 1987................................................................................................................................................................ ................... 1988...................................................... .................................................................................................................... .......... 1989........................................................ .............................................................................................................................. 1990 ............................................................................................................................................................... ......._............ 1991 ......................................................................................... ........................................................................................... To see what your payments would have been which is based on an index value of ______%. during that period, divide your mortgage amount by $1 0 ,0 0 0 ; then multiply the monthly Your previous interest rate w a s____ %, payments by that amount (For example, in which was based on an index value of 1991 the monthly payment for a mortgage amount of $60,000 taken out in 1977 would be: [The new interest rate does not reflect a $60,000 — $1 0 , 0 0 0 = 6 ; 6 x_______ = $------------ change o f ----------- percentage points in the per month.) index value which was not added because of ------------ 1 H -4 (D ) V a ria b le-R a te M o d e l C la u ses [The new payment will be $________] Your new interest rate will b e ----------- %, [Your new loan balance is $________] [Your (new) (existing) payment will not be sufficient to cover the interest due and the difference will be added to the loan amount. The payment amount needed to pay your loan in full by the end of the term at the new interest rate is $________] [The following interest rate adjustments have been implemented this year without changing your payment:________These interest rates were based on the following index values:________] * * * * * interest rate. H -1 4 V ariable-R ate M o rta g e S a m p le about your interest rates, payment amount, and loan balance. How Your Interest Rate and Payment are Determined How Your Interest Rate Can Change 0 Your interest rate can change yearly. ° Your interest rate cannot increase or decrease more than 2 percentage points per year. ° Your interest rate cannot increase or decrease more than 5 percentage points over the term of the loan. 0 Your interest rate will be based on an index rate plus a margin. ° Your payment will be based on the interest rate, loan balance, and loan term. ° The interest rate will be based on the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year (your index), plus our margin. Ask us for our current interest rate and margin. ® Information.about the index rate is published weekly in the W a ll S tre e t Journal. ® Your interest rate will equal the index rate plus our margin unless your interest rate "caps" limit the amount of change in the How Your Montly Payment Can Change ° Your monthly payment can change yearly based on changes in the interest rate. ® For example, on a $1 0 ,0 0 0 , 30-year loan with an initial interest rate of 9.71% (the rate shown in the interest rate column below for the year 1987), the maximum amount that the interest rate can rise under this program is 5 percentage points, to 14.71%, and the monthly payment can rise from a first-year payment of $85.62 to a maximum of $123.31 in the fourth year. 0 You will be notified in writing 25 days before the annual payment adjustment may be made. This notice will contain information This disclosure describes the features of the Adjustable Rate Mortgage (ARM) program you are considering. Information on other ARM programs is available upon request. Index (percent) Year (as of 1st week ending in July) 1977.................................................. .......... ............................................ ......... 1978......................... ......................................................................................... 1979....................... .................. ........................................................................ 1980................................................................................................................... 1981 .......................................... ;................. ................................................. . 1982...................................................................................................:.............. 1983 .......................................... ...... ................................. ................. ............. 1985.............................................. ................................................................... 1986.................................................................................................................. 1987............. ........................................................................... ........................ T his is a margin we have used recently; your margin may be different *"This interest rate reflects a 2 percentage points annual interest rate cap. ’ •'This interest rate reflects a 5 percentage points lifetime interest rate cap. To see what your payments would have been during that period, divide your mortgage amount by $1 0 ,0 0 0 ; then multiply the monthly payment by that amount. (For example, in 1987 the monthly payment for a mortgage amount of $60,000 taken out in 1977 would be: $60,000+$10,000 = 6 ; 6 X $88.07 = $528.42.) * * * * * By order of the Board of Governors of the Federal Reserve System, dated December 2 1 , 1987. William W. Wiles, S e c r e ta r y o f th e B oard. [FR Doc. 87-29555 Filed 12-23-87; 8:45 am] BILLING CODE 6210-01-M 9 5.72 8.34 9.44 8.51 14.94 14.41 9.78 12 17 7.66 6.36 6.71 Example The example below shows how your payments would have changed under this ARM program based on actual changes in the index from 1977 to 1987. This does not necessarily indicate how your index will change in the future. The example is based on the following assumptions: Amount............... $1 0 , 0 0 0 Term.................... 80 years. Payment 1 year, adjustment. Interest 1 year, adjustment. Margin................ 3 percentage points. Caps.................... 2 pecentage pointsannual interest rate. 5 percentage points lifetime interest rate. Index.................. Weekly average yield on U.S. Treasury securities adjusted to a constant maturity of one year. Margin (percentage points) Interest rate (percent) 3 3 3 3 3 3 3 3 3 3 3 8.72 10.72*° 12.44 11.51 13.51*° 13.72*°° 12.78 13 72*** 11.72** 9.72** 9.71 Monthly payment (dollars) 78.46 92.89 105.67 98.79 113.51 115.07 108.25 114.96 101.08 88.13 88.07 Remaining balance (dollars) 9,927.64 9,874.67 9,832.70 * 9,776.04 9,731.98 9,683.39 9,618.21 9,554.39 9,456.03 9,311.25 9,151.55