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6 Mortgage laws and consumer rights that everyone must know
- By Cachet Gomes
- Published July 20, 2010
- Finances and Investing
- Unrated
Cachet Gomes
Cachet Gomes is a contributing Financial Writer of Mortgagecases. With her knowledge on mortgage cases, laws and subprime mortgage crisis related issues, she provides information on mortgage calculators, consumer rights, how to fight out cases and avoid VA Mortgage Loan Scams.
View all articles by Cachet GomesThe government has introduced a set of mortgage laws to govern the mortgage lending process. There are also laws to protect borrower’s rights and financial information. The borrowers should be aware of these mortgage laws and consumer rights in order to deal with odd situations in mortgage.
Mortgage laws and the consumer rights
Here are the few basic mortgage laws and consumer rights that a borrower should be aware of:
1.
Fair Debt Collection Practices Act: According to
this Act, debt collectors should treat the borrowers in a just
manner. The Act forbids some methods of debt collection. According to
FDCPA, the debt collectors can’t use unfair, abusive practices
while dealing with customers. It also prevents the debt collectors
from divulging consumers' debt information to third parties.
2.
Real Estate Settlement
Procedures Act: This
consumer protection law basically covers purchase
mortgage, refinance loans, assumptions, improvement loans, and home
equity lines of credit for 1-4 unit houses. According to RESPA, the
borrowers have the right to get certain disclosures by the lenders at
the various stages of lending process. It also forbids certain
practices that can increase the closing costs.
3. Equal
Credit Opportunity Act: This
Act prevents credit discrimination on the basis of
age, marital status, religion, gender, race, nationality, or receipt
of public assistance. ECOA monitors content of the application,
standard questions, and verbal or written opposition of an
application.
4. Truth
in Lending Act:
This is a part of the Consumer Credit Protection Act.
This law specifies that certain written disclosures must be provided
to the borrowers. Some of the disclosures that borrowers are entitled
to get are finance charge, annual percentage rate, total sales price,
and total payment. The Act also preserves rescission rights for
consumers. This is one of the most important mortgage laws and
consumer rights that one must know.
5. Home Mortgage Disclosure Act: According to this Act, the lenders are required to provide public loan data on both accepted and rejected loans.
6. Fair Housing Act: This Act forbid discrimination in housing related transactions on the basis of physical disability, gender, religion, race, color, nationality, or familial status.
Finally, one of the most important mortgage laws and consumer rights is the New Homeowner's Protection Act. The Act specifies rights of homeowners and rules for lenders concerning private mortgage insurance (PMI) cancellation.
