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MORTGAGE TUTORIALConsumer Protection LawsHere's a quick list of some of the consumer protection laws that you should be aware of: Equal Credit Opportunity Act (ECOA): A federal law that requires lenders to make credit equally available without regard to the applicant's race, color, religion, national origin, age, sex, or marital status; the fact that all or part of the applicant's income is derived from a public assistance program; or the fact that the applicant has in good faith exercised any right under the Consumer Credit Protection Act. It also requires various notices to consumers. Credit Practices Rule: The Credit Practices Rule was established by the Federal Trade Commission (FTC) to prohibit creditors from using certain contract provisions that the FTC found to be unfair to consumers. Specifically, the Credit Practices Rule requires creditors to provide a written notice to potential co-signers about their potential liability if the other person fails to pay and prohibits lenders from charging late fees in some situations. However, the Credit Practices Rule does not apply to transactions involving the purchase of real estate. Fair Housing Act: A federal law that prohibits mortgage lenders from discriminating against applicants on the basis of race, color, religion, sex, handicap, familial status or national origin. The Equal Housing Opportunity symbol represents the commitment by lenders to doing business in accordance with the Fair Housing Act. Fair Credit Reporting Act (FCRA): A consumer protection law that imposes obligations on (1) credit bureaus (and similar agencies) that maintain consumer credit histories, (2) lenders and other businesses that buy reports from credit bureaus, and (3) parties who furnish consumer information to credit bureaus. Among other provisions, the FCRA limits the sale of credit reports by credit bureaus by requiring the purchase to have a permissible purpose to obtain the information, allows consumers to learn the information on them in credit bureau files (including one annual free credit report), and specifies procedures for challenging errors in the data. Fair Debt Collection Practices Act (FDCPA): The FDCPA regulates the practices of debt collection agencies, such as prohibiting them from using unfair practices to collect overdue bills or calling debtors at specific times. In general, the FDCPA applies only to third party debt collectors to whom a creditor has assigned or forwarded a past due bill for collection. The FDCPA generally does not apply to banks or other businesses collecting their own accounts, although some states have similar laws that apply to these businesses. Real Estate Settlement Procedures Act (RESPA): RESPA is a federal law that requires lenders to provide home mortgage borrowers with information about settlement costs prior to closing and prohibits lenders, realtors, and others involved in the mortgage industry from paying kickbacks and unearned fees. In addition, if an escrow account is established, RESPA regulates the amount of money homebuyers are required to place in the escrow account for property taxes and insurance and requires disclosures during the life of the loan regarding the escrow account. Finally, RESPA regulates the transfers of servicing between mortgage lenders Truth in Lending Act (TILA): A federal law that requires disclosures of the terms and cost of consumer credit. TILA also gives consumers the right to cancel certain credit transactions that involve a lien on a consumer's principal dwelling, regulates certain credit card practices, and provides a means for fair and timely resolution of credit billing disputes. With the exception of certain high-cost mortgage loans, TILA does not regulate the charges that may be imposed for consumer credit. Fair Billing Credit Act: Establishes the process for resolving billing errors on your credit card accounts Fair and Accurate Credit Transaction Act (FACT Act): A recently enacted federal law that amended the Fair Credit Reporting Act to address problems of identity theft, consumer privacy and inaccuracies of the consumer credit reporting system. The FACT Act gives consumers the right to one free credit report per year from each of the three major credit reporting agencies and allows consumers to call one number to notify credit reporting agencies and credit card companies of identity theft.
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