MARKET SQUARE PLAZA | 17 N SECOND STREET, SUITE 1300 | HARRISBURG, PA 17101-2290

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717.787.2665

Fx

717.787.8773

www.banking.state.pa.us

INSTRUCTIONS for CONSUMER MORTGAGE DISCLOSURE FORM

Below are instructions on completing the consumer mortgage disclosure form required by Section 46.2(b) of the Regulations titled Proper Conduct of Lending and Brokering in the Mortgage Business, 10 Pa. Code 46.2(b). Process A licensee under The Mortgage Act, 7 Pa. C.S. 6101 et seq., who takes a residential mortgage loan application shall fill out, sign and date the disclosure form and send the form to the applicant within three (3) business days after the residential mortgage loan application is completed. A licensee shall require the applicant to sign and date the form and return the completed form to the licensee within ten (10) days of when the form was delivered to the applicant. A licensee shall keep the original copy of the completed disclosure form in the applicants loan file. Exception to Process A licensee broker who takes an application is not required to provide the disclosure form if the proposed lender on the loan sends out the disclosure notice within three (3) business days of when the broker took the application. A licensee broker who does not send out the disclosure form should keep documentation that the disclosure form was sent by the lender in a timely manner. Redisclosures In the event that a licensee finds out or has reason to know that the initial disclosure form is inaccurate, the licensee shall issue an updated and accurate disclosure form as soon as the licensee knows or has reason to know the original disclosure form is inaccurate. Contents The disclosure form addresses six topics: 1. Whether or not taxes and insurance will be escrowed. 2. Whether the licensee taking the application is a licensed lender or broker (and whether they can enter into a rate Lock-in agreement). 3. Whether or not the loan will have a variable interest rate. 4. Whether or not the loan contains a prepayment penalty provision. 5. Whether or not the loan is subject to a balloon payment. 6. Whether or not the loan can negatively amortize (i.e., scheduled payments are not enough to cover the accrued interest and the loan balance goes up even if payments are being made as agreed).

Updated 2/26/09

Completing the Form 1. For items 1 and 2, check the box to the left of whichever of the two statements is true. 2. For items ## 3, 4, 5 and 6, if the statement is true, check the box on the far left. If the statement is not true, check the box beside Not applicable above the statement. 3. For questions 1, 3, 4, 5 and 6, if you do not know if the statement is true or not, check the box beside Unknown at this time. 4. The licensee must put its name on the line beside Licensee name and put the date on the line beside Date of Issue by Licensee. 5. The licensee may print the borrowers name on the line above Borrowers Printed Name. The licensee may not put anything in the line above Borrower Signature or the Date line. 6. If there is only one person applying for a loan, the licensee may draw a line through the second Borrower Signature line. If there are more than two people applying for a loan, the licensee should complete a second disclosure form and have the other borrowers sign the second disclosure form. 7. In the event that information changes and the original disclosures become inaccurate, a licensee shall complete a second disclosure form with the corrected information. The licensee shall check the box beside Changed for the information which has changed. The licensee shall send or deliver the corrected form to the applicant and shall require the applicant to sign the form and return the signed and completed form within ten (10) days. Added 2/26/09 The Department has received inquires from various parties asking if they can revise or alter the consumer mortgage disclosure form. The Department has determined that the consumer mortgage disclosure form may be revised or altered subject to the following: 1. The disclosure must be on one page. 2. The disclosure must contain the exact verbiage as in the Department-issued form. 3. A licensee or any other party may not shrink the type or make any part of the disclosure smaller than on the Department-issued form. 4. The form may be printed on a larger sized paper to add information. The additional information must be placed at the top of the form and separate from the Departmentprovided verbiage. 5. Only the following information may be added to the top of the form: a. Identifying information for the applicant (e.g., name -- which must also be shown beside signature line address and/or phone number). b. Identifying information for the lender (e.g., name -- which must also be shown at the bottom of the page -- address, phone/fax numbers and/or corporate logo). c. Additional signature lines. d. The name of the mortgage originator handling the application. If there are any questions regarding completion of this form, contact the Department of Banking at (717) 772-3889.