This is not legal advice for your situation*

April 2004

newsletter_logo.gif newsletter_mainmiddle.gif
Vol. 2, Issue 2 (Apr 2004)
newsletter_maintop.gif
newsletter_mainbottom.gif newsletter_mainright.gif

Greetings from Document Systems, Inc. ("DSI") and DocMagic®, the preeminent loan document preparation system in the mortgage lending industry. We hope you enjoy this month's issue of The Compliance Wizard, a FREE, electronic publication addressing compliance and other issues of concern to DocMagic® software users. Subscribe/Unsubscribe

Utah High Cost Home Loan Act Enacted Effective May 3, 2004

Coverage: The Utah High Cost Home Loan Act (the "Act") becomes effective May 3, 2004. The Act applies to "high-cost mortgages" made or originated through a person or business required to be licensed under the Utah Residential Mortgage Practices Act. A "high-cost mortgage" is defined very broadly and applies generally to all closed-end and open-end loans secured by a borrower's principal dwelling which exceed certain specified thresholds.

New/Revised Documents - April 2004

In order to keep DocMagic software users better apprised of document changes and additions as they occur, DSI posts listings of all newly created and revised documents. Here is the list of forms created or modified in February and March, 2004.

State Regulation: Fees Not Expressly Authorized by IA Consumer Credit Code

The following article is reprinted from Basis Points® , Vol. 3, Issue 1, Copyright © 2004, with the permission of CounselorLibrary.com, LLC. All Rights Reserved. Further reproduction is prohibited without permission.

The Iowa Supreme Court handed down a significant decision with regard to the fees a lender may charge in connection with loans made subject to the Iowa Consumer Credit Code.

Preemption Rules: OCC Issues National Bank Preemption Rules

The following article is reprinted from Basis Points® , Vol. 3, Issue 2, Copyright © 2004, with the permission of CounselorLibrary.com, LLC. All Rights Reserved. Further reproduction is prohibited without permission.

The OCC has issued its long awaited preemption rules for national banks. If the rules survive court challenge, they will allow national banks to ignore most state laws that affect a bank's lending operations. Even more surprisingly, the rules would prevent state regulators and enforcement agencies from enforcing the laws against national banks and their operating subsidiaries.

Truth in Lending: TILA Mistakes Can Be 'Netted' for Tolerance Purposes

The following article is reprinted from Basis Points® , Vol. 3, Issue 3, Copyright © 2004, with the permission of CounselorLibrary.com, LLC. All Rights Reserved. Further reproduction is prohibited without permission.

Sometimes two mistakes are better than one! That certainly was the situation in a recent case where an under-disclosure and a separate over-disclosure of the finance charge, when netted, resulted in the disclosed finance charge being so close to the true finance charge as to be within the rescission tolerance.

Agencies Issue Joint Guidance on Unfair or Deceptive Practices by State-Chartered Banks

The following article is reprinted from Basis Points® , Vol. 3, Issue 4, Copyright © 2004, with the permission of CounselorLibrary.com, LLC. All Rights Reserved. Further reproduction is prohibited without permission.

Some of you may have that unenviable task of reviewing marketing scripts and related advertising materials. If you do, you know how difficult it is to convince the marketing folks that some of their brilliant copy may need to be reworked. The following detail from the Federal Reserve Board and the FDIC may come in handy. It sets out some basic standards that can be applied by anyone charged with rooting out unfair, deceptive and misleading communications.

Syndicate content




*This article is distributed to provide general information about the subject matter covered and should not be utilized as a substitute for professional advice in specific situations. If you require such advice, please consult with your own professional advisers.