Treasury Releases Proposed TILA and RESPA Disclosure

September 22, 2010 - The Treasury Department has released a sample 4-page form that will replace mortgage disclosure requirements of the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA). The proposed form can be found here.

Improving mortgage disclosures is a priority of the new Consumer Financial Protection Bureau.  "Moving quickly to improve mortgage disclosures is one in a series of concrete steps we're taking to implement the historic consumer protections included in the Dodd-Frank financial reform law," said Secretary Geithner in a press release.

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the newly created CFPB is responsible for combining and simplifying two overlapping mortgage disclosure forms that TILA and RESPA require lenders to provide to applicants.  TILA and RESPA disclosures have been the source of a tremendous amount of litigation, particularly since the mortgage-melt down, where borrowers facing foreclosure have asserted various TILA and RESPA violations for damages or to rescind the loan.
 

 

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