12 U.S.C. §4903 — Disclosure requirements

hpa-12usc-4903

HPA PMI disclosure section. At-closing disclosure for PMI (initial amortization schedule plus written cancellation/ termination notice; ARM variant), high-risk midpoint-only disclosure, annual servicer disclosure for new-rule loans, annual disclosure for pre-HPA legacy loans, and integration with RESPA/IRS annual disclosures.

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Verbatim regulatory text (5)

Verbatim provisions from 12 U.S.C. §4903 — Disclosure requirements — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

12 U.S.C. §4903(a)

(a) Disclosures for new mortgages at time of transaction (1) Disclosures for non-exempted transactionsIn any case in which private mortgage insurance is required in connection with a residential mortgage transaction (other than a residential mortgage transaction described in section 4902(g)(1) of this title), at the time at which the transaction is consummated, the mortgagee shall provide to the mortgagor— (A) if the transaction relates to a fixed rate mortgage— (i) a written initial amortization schedule; and (ii) written notice— (I) that the mortgagor may cancel the requirement in accordance with section 4902(a) of this title indicating the date on which the mortgagor may request cancellation, based solely on the initial amortization schedule; (II) that the mortgagor may request cancellation in accordance with section 4902(a) of this title earlier than provided for in the initial amortization schedule, based on actual payments; (III) that the requirement for private mortgage insurance will automatically terminate on the termination date in accordance with section 4902(b) of this title, and what that termination date is with respect to that mortgage; and (IV) that there are exemptions to the right to cancellation and automatic termination of a requirement for private mortgage insurance in accordance with section 4902(g) of this title, and whether such an exemption applies at that time to that transaction; and (B) if the transaction relates to an adjustable rate mortgage, a written notice that— (i) the mortgagor may cancel the requirement in accordance with section 4902(a) of this title on the cancellation date, and that the servicer will notify the mortgagor when the cancellation date is reached; (ii) the requirement for private mortgage insurance will automatically terminate on the termination date, and that on the termination date, the mortgagor will be notified of the termination or that the requirement will be terminated as soon as the mortgagor is current on loan payments; and (iii) there are exemptions to the right of cancellation and automatic termination of a requirement for private mortgage insurance in accordance with section 4902(g) of this title, and whether such an exemption applies at that time to that transaction. (2) Disclosures for excepted transactions In the case of a residential mortgage transaction described in section 4902(g)(1) of this title, at the time at which the transaction is consummated, the mortgagee shall provide written notice to the mortgagor that in no case may private mortgage insurance be required beyond the date that is the midpoint of the amortization period of the loan, if the mortgagor is current on payments required by the terms of the residential mortgage. (3) Annual disclosuresIf private mortgage insurance is required in connection with a residential mortgage transaction, the servicer shall disclose to the mortgagor in each such transaction in an annual written statement— (A) the rights of the mortgagor under this chapter to cancellation or termination of the private mortgage insurance requirement; and (B) an address and telephone number that the mortgagor may use to contact the servicer to determine whether the mortgagor may cancel the private mortgage insurance. (4) Applicability Paragraphs (1) through (3) shall apply with respect to each residential mortgage transaction consummated on or after the date that is 1 year after July 29, 1998.

Source: 12 U.S.C. §4903(a) · source URL · snapshot 5179daf7be6b3ad4

12 U.S.C. §4903(b)

(b) Disclosures for existing mortgagesIf private mortgage insurance was required in connection with a residential mortgage entered into at any time before the effective date of this chapter, the servicer shall disclose to the mortgagor in each such transaction in an annual written statement— (1) that the private mortgage insurance may, under certain circumstances, be canceled by the mortgagor (with the consent of the mortgagee or in accordance with applicable State law); and (2) an address and telephone number that the mortgagor may use to contact the servicer to determine whether the mortgagor may cancel the private mortgage insurance.

Source: 12 U.S.C. §4903(b) · source URL · snapshot 5179daf7be6b3ad4

12 U.S.C. §4903(c)

(c) Inclusion in other annual notices The information and disclosures required under subsection (b) and subsection (a)(3) may be provided on the annual disclosure relating to the escrow account made as required under the Real Estate Settlement Procedures Act of 1974 [12 U.S.C. 2601 et seq.], or as part of the annual disclosure of interest payments made pursuant to Internal Revenue Service regulations, and on a form promulgated by the Internal Revenue Service for that purpose.

Source: 12 U.S.C. §4903(c) · source URL · snapshot 5179daf7be6b3ad4

12 U.S.C. §4903(d)

(d) Standardized forms The mortgagee or servicer may use standardized forms for the provision of disclosures required under this section, which disclosures shall relate to the mortgagor’s rights under this chapter.

Source: 12 U.S.C. §4903(d) · source URL · snapshot 5179daf7be6b3ad4

12 U.S.C. §4903 note — source credit and editorial notes (not statute text)

(Pub. L. 105–216, § 4, July 29, 1998, 112 Stat. 902; Pub. L. 106–569, title IV, §§ 402(c)(2), 403(b), Dec. 27, 2000, 114 Stat. 2957.)

Source: 12 U.S.C. §4903 note — source credit and editorial notes (not statute text) · source URL · snapshot 5179daf7be6b3ad4

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Source of record: https://claudeforcompliance.com/regs/hpa-12usc-4903/ · register hpa-12usc-4903 · verbatim, source-snapshotted regulator text from the Claude for Compliance corpus. To work from every register at once, download the corpus and follow the methodology.