[Code of Federal Regulations]

[Title 12, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR226.20]



[Page 302-303]

 

                       TITLE 12--BANKS AND BANKING

 

                   CHAPTER II--FEDERAL RESERVE SYSTEM

 

PART 226_TRUTH IN LENDING (REGULATION Z)--Table of Contents

 

                       Subpart C_Closed-End Credit

 

Sec. 226.20  Subsequent disclosure requirements.



    (a) Refinancings. A refinancing occurs when an existing obligation 

that was subject to this subpart is satisfied and replaced by a new 

obligation undertaken by the same consumer. A refinancing is a new 

transaction requiring new disclosures to the consumer. The new finance 

charge shall include any unearned portion of the old finance charge that 

is not credited to the existing obligation. The following shall not be 

treated as a refinancing:

    (1) A renewal of a single payment obligation with no change in the 

original terms.

    (2) A reduction in the annual percentage rate with a corresponding 

change in the payment schedule.

    (3) An agreement involving a court proceeding.

    (4) A change in the payment schedule or a change in collateral 

requirements as a result of the consumer's default or delinquency, 

unless the rate is increased, or the new amount financed exceeds the 

unpaid balance plus earned finance charge and premiums for continuation 

of insurance of the types described in Sec. 226.4(d).

    (5) The renewal of optional insurance purchased by the consumer and 

added to an existing transaction, if disclosures relating to the initial 

purchase were provided as required by this subpart.

    (b) Assumptions. An assumption occurs when a creditor expressly 

agrees in writing with a subsequent consumer to accept that consumer as 

a primary obligor on an existing residential mortgage transaction. 

Before the assumption occurs, the creditor shall make new disclosures to 

the subsequent consumer, based on the remaining obligation. If the 

finance charge originally



[[Page 303]]



imposed on the existing obligation was an add-on or discount finance 

charge, the creditor need only disclose:

    (1) The unpaid balance of the obligation assumed.

    (2) The total charges imposed by the creditor in connection with the 

assumption.

    (3) The information required to be disclosed under Sec. 226.18(k), 

(l), (m), and (n).

    (4) The annual percentage rate originally imposed on the obligation.

    (5) The payment schedule under Sec. 226.18(g) and the total of 

payments under Sec. 226.18(h) based on the remaining obligation.

    (c) Variable-rate adjustments. \45c\ An adjustment to the interest 

rate with or without a corresponding adjustment to the payment in a 

variable-rate transaction subject to Sec. 226.19(b) is an event 

requiring new disclosures to the consumer. At least once each year 

during which an interest rate adjustment is implemented without an 

accompanying payment change, and at least 25, but no more than 120, 

calendar days before a payment at a new level is due, the following 

disclosures, as applicable, must be delivered or placed in the mail:

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    \45c\ 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.

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    (1) The current and prior interest rates.

    (2) The index values upon which the current and prior interest rates 

are based.

    (3) The extent to which the creditor has foregone any increase in 

the interest rate.

    (4) The contractual effects of the adjustment, including the payment 

due after the adjustment is made, and a statement of the loan balance.

    (5) The payment, if different from that referred to in paragraph 

(c)(4) of this section, that would be required to fully amortize the 

loan at the new interest rate over the remainder of the loan term.



[46 FR 20892, Apr. 7, 1981, as amended at 52 FR 48671, Dec. 24, 1987]