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Fees
Typically Included In Calculating APR
To be totally accurate the APR can only be calculated
based on your Specific Loan Amount and the Final Closing
Statement. Any change to closing costs or loan amount
affects the APR. The higher the loan amount the LOWER
the APR.
Warnings
About APR's
We do not recommend making a final decision on any
lender based on the APR quoted to you by phone.
It is a flawed although well intentioned law and
APR's on Truth In Lending Forms are often wrong.
It is very easy to manipulate, and. intentionally
lower the APR to satisfy savvy but unsuspecting
borrowers.
If you are shopping for the best deal; ask for a
list of all fees, rates and points and ask for a
written guarantee if it sounds unbelievable.
If a quote is a lot lower than the other quotes
you get by more than .25% to .375% in rate it may
not reflect your true cost of credit. |
Most lenders rates, fees, programs are very similar
if the loans are based on Fannie Mae or Freddie Mac
guideline.
The initial Truth-In-Lending estimate is often slightly
different than the final APR. The better the estimate
the more accurate the APR. The extreme examples of the
lowest rate with a 180 day lock-in is an APR about 1.125%
above the note rate. The 12 day lock at a zero point
loan is about one eighth of a percent higher than the
note rate. If you take a higher interest rate with a
rebate to you, or a no closing cost type loan, the APR
can actually be less than the note rate.
Annual Percentage Rate (APR) Government Definition:
A measure of the cost of credit, expressed as a yearly
rate. It includes interest as well as other charges.
Because all lenders follow the same rules to ensure
the accuracy of the annual percentage rate, it provides
consumers with a good basis for comparing the cost of
loans, including mortgage plans.
Truth in Lending Regulation Z
Regulation Z prescribes uniform methods of computing
the cost of credit, disclosure of credit terms, and
procedures for resolving errors on certain credit accounts.
The credit provisions of the regulation apply to all
persons who extend consumer credit more than 25 times
a year or, in the case of consumer credit secured by
real estate, more than 5 times a year. Consumer credit
is generally defined as credit offered or extended to
individuals for personal, family, or household purposes,
where the credit is repayable in more than four installments
or for which a finance charge is imposed.
The
major provisions of the regulation require mortgage
lenders to:
- provide
borrowers with meaningful, written information on
essential credit terms, including the cost of credit
expressed as an annual percentage rate (APR).
- respond
to consumer complaints of billing errors on certain
credit accounts within a specific period.
- identify
credit transactions on periodic statements of open-end
credit accounts.
- provide
certain rights regarding credit cards.
- provide
good faith estimations of disclosure information before
consummation of certain residential mortgage transactions.
- provide
"early" disclosure of credit terms to consumers
interested in adjustable rate mortgages (ARMs) and
home equity lines of credit.
- comply
with special requirements when advertising credit.
The following table lists the items that should be
included in the calculation
of the Annual Percentage Rate - APR on the Truth In
Lending Disclosure:
|
Fee Description |
APR
Fee
|
|
Lender Origination Fee |
x
|
|
Loan Discount Fee |
x
|
|
Appraisal Fee |
|
|
Credit Report Fee |
|
|
Home Inspection Fee |
|
|
Broker's Origination Fee |
x
|
|
Broker Loan Discount Fee |
x
|
|
Tax Service Fee |
x
|
|
Flood Determination Fee |
|
|
Life Of Loan Coverage Flood Fee |
x
|
|
Table Funding Fee |
x
|
|
Lender Underwriting Fee |
x
|
|
Broker Underwriting Fee |
x
|
|
Processing Fee |
x
|
|
Courier Fee |
x
|
|
Lender Courier Fee |
x
|
|
442 Recertification Fee |
|
|
Mortgage Insurance Premium and Impound Cushion
|
x
|
|
Administrative Fee |
x
|
|
Application Fee |
x
|
|
Commitment Fee |
x
|
|
Escrow/Closing Agent/Closing Attorney Fee
|
x
|
|
Title Binder Fee |
|
|
Document Preparation Fee |
|
|
Redraw Fee |
|
|
Notary Fee |
|
|
Lender's Attorney Fee |
x
|
|
Title Policy Premium Fee |
|
|
Loan Tie-In |
x
|
|
Sub Escrow By Title Company To Pay Off Existing
Liens On Loan |
x
|
|
Title Endorsement Fees |
|
|
Fax Fee By Title Company |
x
|
|
Courier Fee By Title Company |
x
|
|
Recording Fees |
|
|
Wire Transfer Fee (regardless of who charges
it) |
x
|
|
Signing Fee |
x
|
|
Non-Closing
Attorney Fee
(retained by borrower)
|
|
The
Five Categories To Review On A Truth In Lending Disclosure
There
are five terms which are considered to be "material"
disclosures required by TILA. While other disclosures
are required, these are deemed to be so important that
a failure to give any one of them gives rise to the
your right to rescind the loan transaction if your home
is pledged as security.
Regulation Z 226.23. The terms are:
Finance
Charge
The "finance charge" is defined as the cost
of credit over the life of the loan, expressed as a
dollar amount. This includes, not only interest, but
any other charge which is required as a condition of
receiving credit. Examples include: "points",
document preparation fees and other fees which are excessive
compared to their purpose (like excessive fees for notaries,
appraisals, credit reports, title examinations, etc.).
Regulation Z 226.4.
Annual Percentage Rate (APR)
The APR is the cost of credit expressed as a percentage.
For example, a loan with an interest rate of 17% may
have an APR of 25% (all finance charges are rolled into
the APR). Regulation Z 226.22.
Amount
Financed
The "amount financed" is also expressed as
a dollar amount. It is calculated by taking the principal
amount of the loan and subtracting those amounts which
are financed as part of the principal that are considered
part of the finance charge. For example: you take out
a $100,000 note and deed of trust on your home. The
5 points ($5,000) charged on this loan are financed
and are therefore included in the $100,000 principal
on the note. However, since the five points are defined
as part of the finance charge, they are subtracted from
the $100,000 in determining the amount financed ($100,000-$5,000
= $95,000). Regulation Z 226.18 (b).
Schedule
of Payments
The "schedule of payments" tells you the day
of the month, timing, number and dollar amount of payments
due over the entire course of the loan. Example: 1 payment
of $500 on 1-5-96 and 50 payments of $100 on the 5th
of each month beginning 2-5-96. Regulation Z 226.18(g).
Total of Payments: the "total of payments"
is also expressed as a dollar amount. It represents
the total dollar cost of the loan to you, assuming all
payments are made on time. The total of payments is
calculated by adding up all payments disclosed in the
schedule of payments.
The following are outside links for more information:
The
Federal Reserve Definitions of Regulation Z
Annual
Percentage Rate Calculation Program for Windows (APRWIN)
The Windows-based version of the Annual Percentage Rate
program (APRWIN v 5.0) is an efficient tool for verifying
annual percentage rates and reimbursement adjustments.
It includes a number of enhancements over the DOS program
which it is intended to replace. In particular, the
Windows-based version includes relevant finance charge
and APR tolerances for verifying the accuracy of annual
percentage rates and finance charges on loans secured
by real estate or a dwelling. They are available for
purchase for $20 or free by download.
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