Every lender who is creating mortgage ads should have checklists available to use to confirm compliance with applicable rules and requirements. So what about a checklist for an adjustable rate mortgage advertisement? What should be in that check list? Here’s some ideas about what should be covered in your ARM mortgage advertisement checklist.
First, note that the majority of these rules come from Regulation Z and are discussed in the section of the law that covers the advertisement of mortgage loans. The ARMS we are discussing here are covered in the closed end credit section of the advertising rules in Regulation Z.
Your checklist should include information about the start rate for the advertisement. For example, you should say the start rate is 3.75%. You should also immediately show the APR adjacent to the interest rate in same font color and same font size. So APR on this example will show at 3.99%. Next you should say how long the initial rate will stay in effect.? If it’s a five year ARM, the answer is five years.
Next, you should state what the loan amount is and your checklist should identify the interest rate. So your checklist would show a Loan Amount of $200,000 and a lien position of “first”. After the lien amount, you should consider showing the amount of the finance charges in dollars. Lets say its $2300. This is not required but is good to consider. Another thing to consider is to mention the number of discount points if any so the consumer knows a bit more of the costs to receive this advertised rate.
The other required disclosure is to describe the index. In this case, we are advertising a LIBOR Arm loan. What’s left after that, use a rate available as of date (let’s say May 1, 2016) and refer to the margin on the loan (3.25%). Also, don’t forget to mention the term of the loan which in this case is 30 years.
So what else is needed? Regulation Z says you need to give the consumer more information about what the payment will be at the end of the initial fixed rate period. You can do this by describing the rate will be calculated using the margin plus the index subject to certain caps. There is a cap that limits the amount of the rate change at the first change, and a cap that limits subsequent rate changes. There is also a “life cap” that limits the maximum rate increase over the term of the loan.