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Banker Resource Center

Mortgage Lending

Reference materials related to mortgage lending, including credit, products, and services related to mortgages. Specific areas of focus include the Truth in Lending Act (TILA), the Ability-to-Repay/Qualified Mortgage (ATR/QM) Rule, the Real Estate Settlement Procedures Act (RESPA), the TILA-RESPA Integrated Disclosure (TRID) Rule, Flood Insurance, Mortgage Servicing Rules, the Home Ownership and Equity Protection Act (HOEPA) Rule, the Homeowners Protection Act, and the Secure and Fair Enforcement for Mortgage Licensing (SAFE) Act.

Laws and Regulations

Key laws and regulations that pertain to FDIC-supervised institutions; note that other laws and regulations also may apply.

  • Truth in Lending Act
  • Ability-to-Repay/Qualified Mortgage Rule
    • Ability to Repay/Qualified Mortgage Rule provides access to the details on the sections of Regulation Z — Truth in Lending that apply to the ATR/QM Rule. Main ATR/QM Rule provisions and official interpretations can be found in:
      • § 1026.43(a), Scope
      • § 1026.43(b), Definitions
      • § 1026.43(c), Ability to repay
      • § 1026.43(d), Refinancing of non-standard mortgages
      • § 1026.43(e), Qualified mortgage
      • § 1026.43(f), Balloon-payment qualified mortgages made by certain creditors
      • § 1026.43(g), Prepayment penalties
  • Real Estate Settlement Procedures Act
  • TILA-RESPA Integrated Disclosure Rule
    • TILA-RESPA Integrated Disclosures provides access to the details on the sections of Regulation Z — Truth in Lending that apply to the TRID Rule. Main TRID Rule provisions and official interpretations can be found in:
      • § 1026.19(e), (f), and (g), Procedural and timing requirements
      • § 1026.37, Content of the loan estimate
      • § 1026.38, Content of the closing disclosure
      • Supplement I to Part 1026 (including official interpretations for the above provisions)
  • Flood Insurance
  • Mortgage Servicing
    • Mortgage Servicing Rules provides access to the details on the sections of Regulation X — Real Estate Settlement Procedures and Regulation Z — Truth in Lending that apply to mortgage servicing. Main mortgage servicing provisions and official interpretations can be found in:
      • § 1024.17, Escrow accounts and § 1024.37, Forced placed insurance
      • § 1024.35, Error resolution procedures and § 1024.36, Requests for information
      • § 1024.38, General servicing policies, procedures and requirements
      • § 1024.39, Early intervention and § 1024.41, Loss mitigation procedures
      • § 1026.20, Disclosure requirements regarding post-consummation events
      • § 1026.36, Payment processing and § 1026.41, Periodic statements
      • § 1026.40, Continuity of Contact
      • Supplement I to Part 1024 and 1026 (including official interpretations for the above provisions)
  • Home Ownership and Equity Protection Act Rule
  • Homeowners Protection Act
    • 12 USC §4901-4910 (uscode.house.gov) outlines requirements for disclosures and the termination of private mortgage insurance in connection with residential mortgages.
  • Secure and Fair Enforcement for Mortgage Licensing Act

Supervisory Resources

Frequently asked questions, advisories, statements of policy, and other information issued by the FDIC alone, or on an interagency basis, provided to address consumer protection issues.

Other Resources

Supplemental information related to consumer protection issues.

Videos/Webcasts/Teleconferences

Informational videos and recordings of prior webcasts and teleconferences.

  • Truth in Lending Act
    • FDIC Technical Assistance Video series on Loan Originator Compensation Rule introduces the loan originator compensation rule and brings a focus on those provisions of the rule of particular interest to community banks
  • Ability-to-Repay/Qualified Mortgage Rule
  • Servicing
    • FDIC Technical Assistance Video series on Mortgage Servicing Rules — Small Servicers provides information on the Mortgage Servicing Rules with particular emphasis on those entities that qualify for the small servicer exemption