The color of money

Mortgage rules made to protect consumers

Over the next two years, consumers may feel like an overscheduled soccer mom with all the dates of new rules and regulations to provide them greater protections.

Starting next month, prohibitions on certain mortgage lending practices, as well as new disclosure requirements, will be in place.

The rules feature bans by the Federal Reserve Board against several standard and predatory industry practices involving loans made on or after Oct. 1, 2009.

The rules, which cover home mortgages, prohibit hyped appraisals, abusive fees and deceptive advertising. Subprime borrowers — those with less than stellar credit histories — are getting new protections.

Here are some of the rules:

• Mortgage lenders and brokers are banned from coercing or encouraging a real estate appraiser to misrepresent the value of a home.

Some examples include prohibiting lenders from implying that current or future retention of an appraiser’s services depends on the amount at which the appraiser values a consumer’s principal dwelling.

Lenders also can’t tell a minimum home value needed to approve a loan. However, lenders can ask an appraiser to consider additional information for a fair appraisal.

• Loan servicers — the companies that collect mortgage payments — will be prohibited from failing to credit someone’s loan payment on the date it is received. Servicers also can’t snatch a late-payment fee from a borrower’s monthly loan payment without first giving advance notice, providing borrowers a chance to make sure they are making a full loan payment to avoid being hit with a dizzying array of fees.

• Lenders with “high-priced” mortgages have to consider an applicant’s ability to repay the loan. Imagine! A higher-priced mortgage loan is one with an interest rate one and a half percentage points above prime rates for first liens, 3.5 above prime rates for junior liens.

• Lenders of higher-priced mortgages will be required to verify a loan applicant’s income and assets using reliable, third-party documents.

For more information, read the FDIC’s consumer news-letter at www.fdic.gov/

consumernews. Click on the link for “Summer 2009.”

You can order free paper copies of the newsletter online or call the Federal Citizen Information Center toll-free at 1-888-878-3256. Ask for Department D96.