Appraisals for Higher-Priced Mortgage Loans
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SUMMARY: The Board, Bureau,
EFFECTIVE DATE: This final rule is effective on
FOR FURTHER INFORMATION CONTACT: OCC:
Board:
NCUA:
Bureau:
FHFA:
SUPPLEMENTARY INFORMATION:
I. Summary of the Final Rule
As discussed in detail under part II of this SUPPLEMENTARY INFORMATION, section 1471 of the Dodd-Frank Act created new TILA section 129H, which establishes special appraisal requirements for "higher-risk mortgages." 15 U.S.C. 1639h. The Agencies adopted a final rule on
The Agencies are not adopting the proposed definition of "business day" that would have differed from the definition used in the
A. Exemption for Extensions of Credit of
The Agencies are adopting without change the proposed exemption from the HPML appraisal rules for extensions of credit of
B. Exemption for Certain Refinancings
The Agencies also are adopting an exemption from the HPML appraisal rules for certain types of refinancings with characteristics common to refinance products often referred to as streamlined refinances. Consistent with the proposal, the final rule exempts a refinancing where the holder of the credit risk of the existing obligation remains the same on the refinancing. The final rule includes revised terminology and additional examples in Official Staff Commentary to clarify the meaning of this requirement. In addition, the periodic payments under the refinance loan must not result in negative amortization, cover only interest on the loan, or result in a balloon payment. Finally, the proceeds from the refinance loan may only be used to pay off the existing obligation and to pay closing or settlement charges.
C. Exemption for Transactions Secured in Whole or in Part by a Manufactured Home
All loans secured in whole or in part by a manufactured home will be exempt from the HPML appraisal rules for 18 months, until
Transactions secured by a new manufactured home and land will be exempt from the requirement that the appraisal include a physical inspection of the interior of the property, but will be subject to all other HPML appraisal requirements.
Transactions secured by an existing (used) manufactured home and land will not be exempt from the rules.
Transactions secured solely by a manufactured home and not land will be exempt from the rules if the creditor gives the consumer one of three types of information about the home's value:
* The manufacturer's invoice of the unit cost (for a transaction secured by a new manufactured home).
* An independent cost service unit cost.
* A valuation conducted by an individual who has no financial interest in the property or credit transaction, and has training in valuing manufactured homes. /1/ An example would be an appraisal conducted according to procedures approved by the
FOOTNOTE 1 As discussed further in the section-by-section analysis, the Agencies are adopting the definition of "valuation" at 12 CFR 1026.42(b)(3): " `Valuation' means an estimate of the value of the consumer's principal dwelling in written or electronic form, other than one produced solely by an automated model or system." END FOOTNOTE
D. Effective Date
The temporary exemption for manufactured home loans and the exemptions for certain refinancings and loans of
II. Background
--This is a summary of a
Supplemental final rule; official staff commentary.
CFR Part: "12 CFR Part 34"
RIN Number: "RIN 1557-AD70"
Citation: "78 FR 78520"
Document Number: "RIN 3170-AA11"
Federal Register Page Number: "78520"
"Rules and Regulations"
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