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The 5 Requirements of the Truth in Lending Act

What are some of the more important terms which TILA requires to be disclosed?
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. OSC 226.18 (h).

Tony Fantis is a full-time professional Realtor, and is in the top 5% of all Utah Realtors. He works out of Salt Lake City with RE/MAX Associates, Utah's #1 office in sales per agent. Tony Fantis may be reached by dialing 1-800-827-7362 or 801-541-8806.