12 U.S.C. § 2603 — Uniform settlement statement
submitted 52 years ago by Pub. L. 93-533 to r/title-12-BANKS-AND-BANKING · 597 words · no verdicts yet
This section requires one integrated mortgage-loan disclosure and sets rules for providing it before settlement. It also permits limited fee disclosures and a special alternative for certain charitable loans.
(a) Disclosure for mortgage loan transactions. The Bureau* must publish one integrated disclosure for mortgage-loan transactions, including real-estate settlement-cost statements. It must combine this section and section 2604’s requirements with the Truth in Lending Act’s requirements that may apply. The model must help lenders comply and help borrowers or lessees understand the transaction by using clear language. It must clearly itemize charges imposed on the borrower and seller and say whether an included title-insurance premium protects the lender’s interest, the borrower’s interest, or both. The Bureau may allow locally inapplicable items to be removed, but must require the Bureau’s numerical code to remain everywhere. The section does not require the borrower’s part to be given to the seller or the seller’s part to be given to the borrower.
(b) Inspection and exceptions. The person* conducting settlement must complete the forms and make them available for the borrower to inspect at or before settlement. The Bureau may exempt settlements where a final statement is not customarily provided by then or where the requirement is impractical. Under Bureau rules, the borrower may waive inspection at that time. If the borrower asks on the business day before settlement, the person who will conduct it must allow inspection of the items then known to that person.
(c) Fee disclosure. For an appraisal coordinated by an appraisal-management company, the standard form may clearly disclose the fee that company pays directly to the appraiser and the company’s administration fee.
(d) Charitable mortgage transactions. For a residential mortgage offered at 0 percent interest with only bona fide and reasonable fees and primarily for charitable purposes, a tax-exempt section 501(c)(3) organization may use HUD–1 and GFE forms together with a disclosure substantially like Loan Model Form H–2, instead of the disclosure published under subsection (a).
The Bureau* shall publish a single, integrated disclosure for mortgage loan transactions (including real estate settlement cost statements) which includes the disclosure requirements of this section and section 2604 of this title, in conjunction with the disclosure requirements of the Truth in Lending Act [15 U.S.C. 1601 et seq.] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this chapter 1 and the Truth in Lending Act, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. Such forms shall conspicuously and clearly itemize all charges imposed upon the borrower and all charges imposed upon the seller in connection with the settlement and shall indicate whether any title insurance premium included in such charges covers or insures the lender’s interest in the property, the borrower’s interest, or both. The Bureau may, by regulation, permit the deletion from the forms prescribed under this section of items which are not, under local laws or customs, applicable in any locality, except that such regulation shall require that the numerical code prescribed by the Bureau be retained in forms to be used in all localities. Nothing in this section may be construed to require that that part of the standard forms which relates to the borrower’s transaction be furnished to the seller, or to require that that part of the standard forms which relates to the seller be furnished to the borrower.
The forms prescribed under this section shall be completed and made available for inspection by the borrower at or before settlement by the person* conducting the settlement, except that (1) the Bureau may exempt from the requirements of this section settlements occurring in localities where the final settlement statement is not customarily provided at or before the date of settlement, or settlements where such requirements are impractical and (2) the borrower may, in accordance with regulations of the Bureau, waive his right to have the forms made available at such time. Upon the request of the borrower to inspect the forms prescribed under this section during the business day immediately preceding the day of settlement, the person who will conduct the settlement shall permit the borrower to inspect those items which are known to such person during such preceding day.
The standard form described in subsection (a) may include, in the case of an appraisal coordinated by an appraisal management company (as such term is defined in section 3350(11) of this title), a clear disclosure of—
the fee paid directly to the appraiser by such company; and
the administration fee charged by such company.
With respect to a mortgage loan transaction involving a residential mortgage loan offered at 0 percent interest with only bonafide and reasonable fees and that is primarily for charitable purposes, an organization described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of such title may use forms HUD–1 and GFE (as defined under section 1024.2(b) of title 12, Code of Federal Regulations) together with a disclosure substantially in the form of the Loan Model Form H–2 (as depicted in Appendix H to part 1026 of title 12, Code of Federal Regulations), collectively, in lieu of the disclosure published under subsection (a) of this section.
Source credit: (Pub. L. 93–533, § 4, Dec. 22, 1974, 88 Stat. 1725; Pub. L. 94–205, § 3, Jan. 2, 1976, 89 Stat. 1157; Pub. L. 104–208, div. A, title II, § 2103(g)(1), Sept. 30, 1996, 110 Stat. 3009–401; Pub. L. 111–203, title X, § 1098(2), title XIV, § 1475, July 21, 2010, 124 Stat. 2103, 2200; Pub. L. 116–342, § 2(b), Jan. 13, 2021, 134 Stat. 5134.)
- 1974Enacted · Pub. L. 93-533 · 88 Stat. 1725
- 1976Amended · Pub. L. 94-205 · 89 Stat. 1157
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
- 2010Amended · Pub. L. 111-203 · 124 Stat. 2103, 2200
- 2021Amended · Pub. L. 116-342 · 134 Stat. 5134
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-533 on 1974-12-22.
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