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Title 12 — Banks and Banking

Chapter 49 — Homeowners Protection

§ 4903. Disclosure requirements

Statutory text

(a)

Disclosures for new mortgages at time of transaction

(1)

Disclosures for non-exempted transactions

In 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 disclosures

If 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 .

(b)

Disclosures for existing mortgages

If 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.

(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.

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 105–216 § 4 · 112 Stat. 897

    Enacted · 12 U.S.C. § 4903

    Pub. L. 105–216, § 4, July 29, 1998, 112 Stat. 902

    Source evidence

    Code source credit
    Pub. L. 105–216, § 4, July 29, 1998, 112 Stat. 902

    Enacted provision · exact public law section
    SEC. 4. 12 USC 4903. DISCLOSURE REQUIREMENTS. (a) Disclosures for New Mortgages at Time of Transaction.— (1) Disclosures for non-exempted transactions.— In any case in which private mortgage insurance is required in connection with a residential mortgage or mortgage transaction (other than a mortgage or mortgage transaction described in section 3(f)(1)), 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 3(a) of this Act 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 3(a) of this Act 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 3(b) of this Act, 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 3(f) of this Act, 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 3(a) of this Act 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 3(f) of this Act, and whether such an exemption applies at that time to that transaction. (2) Disclosures for excepted transactions.— In the case of a mortgage or mortgage transaction described in section 3(f)(1), 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 disclosures.— If 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 Act 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 the date of enactment of this Act. (b) Disclosures for Existing Mortgages.— If private mortgage insurance was required in connection with a residential mortgage entered into at any time before the effective date of this Act, 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. (c) Inclusion in Other Annual Notices.— The information and disclosures required under subsection (b) and paragraphs (1)(B) and (3) of subsection (a) may be provided on the annual disclosure relating to the escrow account made as required under the Real Estate Settlement Procedures Act of 1974, 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. (d) Standardized Forms.— The mortgagee or servicer may use standardized forms for the provision of disclosures required under this section.

  2. Private Mortgage Insurance Technical Corrections and Clarification Act

    Pub. L. 106–569 title IV · 114 Stat. 2944

    Substituted · 12 U.S.C. § 4903(a)(1)

    Pub. L. 106–569, §§ 402(c)(2)(A)(i), 403(b)(1)(A), substituted “residential mortgage transaction (other than a residential mortgage transaction described in section 4902(g)(1) of this title)” for “residential mortgage or mortgage transaction (other than a mortgage or mortgage transaction described in section 4902(f)(1) of this title)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 106–569, §§ 402(c)(2)(A)(i), 403(b)(1)(A), substituted “residential mortgage transaction (other than a residential mortgage transaction described in section 4902(g)(1) of this title)” for “residential mortgage or mortgage transaction (other than a mortgage or mortgage transaction described in section 4902(f)(1) of this title)” in introductory provisions.

    Enacted provision · exact public law
    TITLE IV— PRIVATE MORTGAGE INSURANCE CANCELLATION AND TERMINATION SEC. 401. SHORT TITLE. This title may be cited as the “Private Mortgage Insurance Technical Corrections and Clarification Act”. SEC. 402. CHANGES IN AMORTIZATION SCHEDULE. (a) Treatment of Adjustable Rate Mortgages.— The Homeowners Protection Act of 1998 (12 U.S.C. 4901 et seq.) is amended— (1) in section 2— (A) in paragraph (2)(B)(i), by striking “amortization schedules” and inserting “the amortization schedule then in effect”; (B) in paragraph (16)(B), by striking “amortization schedules” and inserting “the amortization schedule then in effect”; (C) by redesignating paragraphs (6) through (16) (as amended by the preceding provisions of this paragraph) as paragraphs (8) through (18), respectively; and (D) by inserting after paragraph (5) the following new paragraph: “(6) Amortization schedule then in effect.— The term ‘amortization schedule then in effect’ means, with respect to an adjustable rate mortgage, a schedule established at the time at which the residential mortgage transaction is consummated or, if such schedule has been changed or recalculated, is the most recent schedule under the terms of the note or mortgage, which shows— “(A) the amount of principal and interest that is due at regular intervals to retire the principal balance and accrued interest over the remaining amortization period of the loan; and “(B) the unpaid balance of the loan after each such scheduled payment is made.”; and (2) in section 3(f)(1)(B)(ii), by striking “amortization schedules” and inserting “the amortization schedule then in effect”. (b) Treatment of Balloon Mortgages.— Paragraph (1) of section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by adding at the end the following new sentence: “A residential mortgage that: (A) does not fully amortize over the term of the obligation; and (B) contains a conditional right to refinance or modify the unamortized principal at the maturity date of the term, shall be considered to be an adjustable rate mortgage for purposes of this Act.”. (c) Treatment of Loan Modifications.— (1) In general.— Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended— (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: “(d) Treatment of Loan Modifications.— If a mortgagor and mortgagee (or holder of the mortgage) agree to a modification of the terms or conditions of a loan pursuant to a residential mortgage transaction, the cancellation date, termination date, or final termination shall be recalculated to reflect the modified terms and conditions of such loan.”. (2) Conforming amendments.— Section 4(a) of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking “section 3(f)(1)” and inserting “section 3(g)(1)”; (ii) in subparagraph (A)(ii)(IV), by striking “section 3(f)” and inserting “section 3(g)”; and (iii) in subparagraph (B)(iii), by striking “section 3(f)” and inserting “section 3(g)”; and (B) in paragraph (2), by striking “section 3(f)(1)” and inserting “section 3(g)(1)”. SEC. 403. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES. (a) Termination of Private Mortgage Insurance.— Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended— (1) in subsection (c), by inserting “on residential mortgage transactions” after “imposed”; and (2) in subsection (g) (as so redesignated by the preceding provisions of this title)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking “mortgage or”; (B) in paragraph (2), by striking “mortgage or”; and (C) in paragraph (3), by striking “mortgage or” and inserting “residential mortgage or residential”. (b) Disclosure Requirements.— Section 4 of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking “mortgage or” the first place it appears; and (ii) by striking “mortgage or” the second place it appears and inserting “residential”; and (B) in paragraph (2), by striking “mortgage or” and inserting “residential”; (2) in subsection (c), by striking “paragraphs (1)(B) and (3) of subsection (a)” and inserting “subsection (a)(3)”; and (3) in subsection (d), by inserting before the period at the end the following: “, which disclosures shall relate to the mortgagor’s rights under this Act”. (c) Disclosure Requirements for Lender-Paid Mortgage Insurance.— Section 6 of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by striking “a residential mortgage or”; and (B) in paragraph (2), by inserting “transaction” after “residential mortgage”; and (2) in subsection (d), by inserting “transaction” after “residential mortgage”. SEC. 404. CANCELLATION RIGHTS AFTER CANCELLATION DATE. Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting after “cancellation date” the following: “or any later date that the mortgagor fulfills all of the requirements under paragraphs (1) through (4)”; (B) in paragraph (2), by striking “and” at the end; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: “(3) is current on the payments required by the terms of the residential mortgage transaction; and”; and (2) in subsection (e)(1)(B) (as so redesignated by the preceding provisions of this title), by striking “subsection (a)(3)” and inserting “subsection (a)(4)”. SEC. 405. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS. (a) Good Payment History.— Section 2(4) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(4)) is amended— (1) in subparagraph (A)— (A) by inserting “the later of (i)” before “the date”; and (B) by inserting or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)” before the semicolon; and (2) in subparagraph (B)— (A) by inserting “the later of (i)” before “the date”; and (B) by inserting or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)” before the period at the end. (b) Automatic Termination.— Paragraph (2) of section 3(b) of the Homeowners Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to read as follows: “(2) if the mortgagor is not current on the termination date, on the first day of the first month beginning after the date that the mortgagor becomes current on the payments required by the terms of the residential mortgage transaction.”. (c) Premium Payments.— Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended by adding at the end the following new subsection: “(h) Accrued Obligation for Premium Payments.— The cancellation or termination under this section of the private mortgage insurance of a mortgagor shall not affect the rights of any mortgagee, servicer, or mortgage insurer to enforce any obligation of such mortgagor for premium payments accrued prior to the date on which such cancellation or termination occurred.”. SEC. 406. DEFINITIONS. (a) Refinanced.— Section 6(c)(l)(B)(ii) of the Homeowners Protection Act of 1998 (12 U.S.C. 4905(c)(l)(B)(ii)) is amended by inserting after “refinanced” the following: “(under the meaning given such term in the regulations issued by the Board of Governors of the Federal Reserve System to carry out the Truth in Lending Act (15 U.S.C. 1601 et seq.))”. (b) Midpoint of the Amortization Period.— Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended by inserting after paragraph (6) (as added by the preceding provisions of this title) the following new paragraph: “(7) Midpoint of the amortization period.— The term ‘midpoint of the amortization period’ means, with respect to a residential mortgage transaction, the point in time that is halfway through the period that begins upon the first day of the amortization period established at the time a residential mortgage transaction is consummated and ends upon the completion of the entire period over which the mortgage is scheduled to be amortized.”. (c) Original Value.— Section 2(12) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(10)) (as so redesignated by the preceding provisions of this title) is amended— (1) by inserting “transaction” after “a residential mortgage”; and (2) by adding at the end the following new sentence: “In the case of a residential mortgage transaction for refinancing the principal residence of the mortgagor, such term means only the appraised value relied upon by the mortgagee to approve the refinance transaction.”. (d) Principal Residence.— Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended— (1) in paragraph (14) (as so redesignated by the preceding provisions of this title) by striking “primary” and inserting “principal”; and (2) in paragraph (15) (as so redesignated by the preceding provisions of this title) by striking “primary” and inserting “principal”.

  3. Private Mortgage Insurance Technical Corrections and Clarification Act

    Pub. L. 106–569 § 402(c)(2)(A)(ii) · 114 Stat. 2944

    Substituted · 12 U.S.C. § 4903(a)(1)(A)(ii)(IV); 12 U.S.C. § 4903(a)(1)(A)(B)(iii)

    Pub. L. 106–569, § 402(c)(2)(A)(ii), (iii), substituted “section 4902(g) of this title” for “section 4902(f) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(ii)(IV), (B)(iii). Pub. L. 106–569, § 402(c)(2)(A)(ii), (iii), substituted “section 4902(g) of this title” for “section 4902(f) of this title”.

    Enacted provision · exact public law section
    (ii) in subparagraph (A)(ii)(IV), by striking “section 3(f)” and inserting “section 3(g)”; and

  4. Private Mortgage Insurance Technical Corrections and Clarification Act

    Pub. L. 106–569 title IV · 114 Stat. 2944

    1. Substituted · 12 U.S.C. § 4903(a)(2)

      Pub. L. 106–569, §§ 402(c)(2)(B), 403(b)(1)(B), substituted “residential mortgage transaction” for “mortgage or mortgage transaction”

    2. Substituted · 12 U.S.C. § 4903(a)(2)

      Pub. L. 106–569, §§ 402(c)(2)(B), 403(b)(1)(B), substituted “section 4902(g)(1) of this title” for “section 4902(f)(1) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 106–569, §§ 402(c)(2)(B), 403(b)(1)(B), substituted “residential mortgage transaction” for “mortgage or mortgage transaction” and “section 4902(g)(1) of this title” for “section 4902(f)(1) of this title”.

    Enacted provision · exact public law
    TITLE IV— PRIVATE MORTGAGE INSURANCE CANCELLATION AND TERMINATION SEC. 401. SHORT TITLE. This title may be cited as the “Private Mortgage Insurance Technical Corrections and Clarification Act”. SEC. 402. CHANGES IN AMORTIZATION SCHEDULE. (a) Treatment of Adjustable Rate Mortgages.— The Homeowners Protection Act of 1998 (12 U.S.C. 4901 et seq.) is amended— (1) in section 2— (A) in paragraph (2)(B)(i), by striking “amortization schedules” and inserting “the amortization schedule then in effect”; (B) in paragraph (16)(B), by striking “amortization schedules” and inserting “the amortization schedule then in effect”; (C) by redesignating paragraphs (6) through (16) (as amended by the preceding provisions of this paragraph) as paragraphs (8) through (18), respectively; and (D) by inserting after paragraph (5) the following new paragraph: “(6) Amortization schedule then in effect.— The term ‘amortization schedule then in effect’ means, with respect to an adjustable rate mortgage, a schedule established at the time at which the residential mortgage transaction is consummated or, if such schedule has been changed or recalculated, is the most recent schedule under the terms of the note or mortgage, which shows— “(A) the amount of principal and interest that is due at regular intervals to retire the principal balance and accrued interest over the remaining amortization period of the loan; and “(B) the unpaid balance of the loan after each such scheduled payment is made.”; and (2) in section 3(f)(1)(B)(ii), by striking “amortization schedules” and inserting “the amortization schedule then in effect”. (b) Treatment of Balloon Mortgages.— Paragraph (1) of section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by adding at the end the following new sentence: “A residential mortgage that: (A) does not fully amortize over the term of the obligation; and (B) contains a conditional right to refinance or modify the unamortized principal at the maturity date of the term, shall be considered to be an adjustable rate mortgage for purposes of this Act.”. (c) Treatment of Loan Modifications.— (1) In general.— Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended— (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: “(d) Treatment of Loan Modifications.— If a mortgagor and mortgagee (or holder of the mortgage) agree to a modification of the terms or conditions of a loan pursuant to a residential mortgage transaction, the cancellation date, termination date, or final termination shall be recalculated to reflect the modified terms and conditions of such loan.”. (2) Conforming amendments.— Section 4(a) of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking “section 3(f)(1)” and inserting “section 3(g)(1)”; (ii) in subparagraph (A)(ii)(IV), by striking “section 3(f)” and inserting “section 3(g)”; and (iii) in subparagraph (B)(iii), by striking “section 3(f)” and inserting “section 3(g)”; and (B) in paragraph (2), by striking “section 3(f)(1)” and inserting “section 3(g)(1)”. SEC. 403. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES. (a) Termination of Private Mortgage Insurance.— Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended— (1) in subsection (c), by inserting “on residential mortgage transactions” after “imposed”; and (2) in subsection (g) (as so redesignated by the preceding provisions of this title)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking “mortgage or”; (B) in paragraph (2), by striking “mortgage or”; and (C) in paragraph (3), by striking “mortgage or” and inserting “residential mortgage or residential”. (b) Disclosure Requirements.— Section 4 of the Homeowners Protection Act of 1998 (12 U.S.C. 4903(a)) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking “mortgage or” the first place it appears; and (ii) by striking “mortgage or” the second place it appears and inserting “residential”; and (B) in paragraph (2), by striking “mortgage or” and inserting “residential”; (2) in subsection (c), by striking “paragraphs (1)(B) and (3) of subsection (a)” and inserting “subsection (a)(3)”; and (3) in subsection (d), by inserting before the period at the end the following: “, which disclosures shall relate to the mortgagor’s rights under this Act”. (c) Disclosure Requirements for Lender-Paid Mortgage Insurance.— Section 6 of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by striking “a residential mortgage or”; and (B) in paragraph (2), by inserting “transaction” after “residential mortgage”; and (2) in subsection (d), by inserting “transaction” after “residential mortgage”. SEC. 404. CANCELLATION RIGHTS AFTER CANCELLATION DATE. Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting after “cancellation date” the following: “or any later date that the mortgagor fulfills all of the requirements under paragraphs (1) through (4)”; (B) in paragraph (2), by striking “and” at the end; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: “(3) is current on the payments required by the terms of the residential mortgage transaction; and”; and (2) in subsection (e)(1)(B) (as so redesignated by the preceding provisions of this title), by striking “subsection (a)(3)” and inserting “subsection (a)(4)”. SEC. 405. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS. (a) Good Payment History.— Section 2(4) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(4)) is amended— (1) in subparagraph (A)— (A) by inserting “the later of (i)” before “the date”; and (B) by inserting or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)” before the semicolon; and (2) in subparagraph (B)— (A) by inserting “the later of (i)” before “the date”; and (B) by inserting or (ii) the date that the mortgagor submits a request for cancellation under section 3(a)(1)” before the period at the end. (b) Automatic Termination.— Paragraph (2) of section 3(b) of the Homeowners Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to read as follows: “(2) if the mortgagor is not current on the termination date, on the first day of the first month beginning after the date that the mortgagor becomes current on the payments required by the terms of the residential mortgage transaction.”. (c) Premium Payments.— Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) is amended by adding at the end the following new subsection: “(h) Accrued Obligation for Premium Payments.— The cancellation or termination under this section of the private mortgage insurance of a mortgagor shall not affect the rights of any mortgagee, servicer, or mortgage insurer to enforce any obligation of such mortgagor for premium payments accrued prior to the date on which such cancellation or termination occurred.”. SEC. 406. DEFINITIONS. (a) Refinanced.— Section 6(c)(l)(B)(ii) of the Homeowners Protection Act of 1998 (12 U.S.C. 4905(c)(l)(B)(ii)) is amended by inserting after “refinanced” the following: “(under the meaning given such term in the regulations issued by the Board of Governors of the Federal Reserve System to carry out the Truth in Lending Act (15 U.S.C. 1601 et seq.))”. (b) Midpoint of the Amortization Period.— Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended by inserting after paragraph (6) (as added by the preceding provisions of this title) the following new paragraph: “(7) Midpoint of the amortization period.— The term ‘midpoint of the amortization period’ means, with respect to a residential mortgage transaction, the point in time that is halfway through the period that begins upon the first day of the amortization period established at the time a residential mortgage transaction is consummated and ends upon the completion of the entire period over which the mortgage is scheduled to be amortized.”. (c) Original Value.— Section 2(12) of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(10)) (as so redesignated by the preceding provisions of this title) is amended— (1) by inserting “transaction” after “a residential mortgage”; and (2) by adding at the end the following new sentence: “In the case of a residential mortgage transaction for refinancing the principal residence of the mortgagor, such term means only the appraised value relied upon by the mortgagee to approve the refinance transaction.”. (d) Principal Residence.— Section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901) is amended— (1) in paragraph (14) (as so redesignated by the preceding provisions of this title) by striking “primary” and inserting “principal”; and (2) in paragraph (15) (as so redesignated by the preceding provisions of this title) by striking “primary” and inserting “principal”.

  5. Private Mortgage Insurance Technical Corrections and Clarification Act

    Pub. L. 106–569 § 403(b)(2) · 114 Stat. 2944

    Substituted · 12 U.S.C. § 4903(c)

    Pub. L. 106–569, § 403(b)(2), substituted “subsection (a)(3)” for “paragraphs (1)(B) and (3) of subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–569, § 403(b)(2), substituted “subsection (a)(3)” for “paragraphs (1)(B) and (3) of subsection (a)”.

    Enacted provision · exact public law section
    (2) in subsection (c), by striking “paragraphs (1)(B) and (3) of subsection (a)” and inserting “subsection (a)(3)”; and

  6. Private Mortgage Insurance Technical Corrections and Clarification Act

    Pub. L. 106–569 § 403(b)(3) · 114 Stat. 2944

    Inserted · 12 U.S.C. § 4903(d)

    Pub. L. 106–569, § 403(b)(3), inserted before period at end “, which disclosures shall relate to the mortgagor’s rights under this chapter”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–569, § 403(b)(3), inserted before period at end “, which disclosures shall relate to the mortgagor’s rights under this chapter”.

    Enacted provision · exact public law section
    (3) in subsection (d), by inserting before the period at the end the following: “, which disclosures shall relate to the mortgagor’s rights under this Act”.

4 of 7 references resolved to an enrolled provision · 3 partial

Editorial Notes

References in Text

The effective date of this chapter, referred to in subsec. (b), is 1 year after , see section 13 of Pub. L. 105–216, set out as an Effective Date note under section 4901 of this title.

The Real Estate Settlement Procedures Act of 1974, referred to in subsec. (c), is Pub. L. 93–533, , 88 Stat. 1724, which is classified principally to chapter 27 (§ 2601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables.

Amendments

2000—Subsec. (a)(1). Pub. L. 106–569, §§ 402(c)(2)(A)(i), 403(b)(1)(A), substituted “residential mortgage transaction (other than a residential mortgage transaction described in section 4902(g)(1) of this title)” for “residential mortgage or mortgage transaction (other than a mortgage or mortgage transaction described in section 4902(f)(1) of this title)” in introductory provisions.

Subsec. (a)(1)(A)(ii)(IV), (B)(iii). Pub. L. 106–569, § 402(c)(2)(A)(ii), (iii), substituted “section 4902(g) of this title” for “section 4902(f) of this title”.

Subsec. (a)(2). Pub. L. 106–569, §§ 402(c)(2)(B), 403(b)(1)(B), substituted “residential mortgage transaction” for “mortgage or mortgage transaction” and “section 4902(g)(1) of this title” for “section 4902(f)(1) of this title”.

Subsec. (c). Pub. L. 106–569, § 403(b)(2), substituted “subsection (a)(3)” for “paragraphs (1)(B) and (3) of subsection (a)”.

Subsec. (d). Pub. L. 106–569, § 403(b)(3), inserted before period at end “, which disclosures shall relate to the mortgagor’s rights under this chapter”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 year after , see section 13 of Pub. L. 105–216, set out as a note under section 4901 of this title.

Credits

1998–2000 · 2 acts
  1. 1998Pub. L. 105–216, § 4, , 112 Stat. 902
  2. 2000Pub. L. 106–569, title IV, §§ 402(c)(2), 403(b), , 114 Stat. 2957.
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(Pub. L. 105–216, § 4, , 112 Stat. 902; Pub. L. 106–569, title IV, §§ 402(c)(2), 403(b), , 114 Stat. 2957.)

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