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Consumer Rights and Mortgage Refinance

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    Significance

    • Borrowers refinancing their mortgages are required to sign a number of documents that outline the details of the new mortgage. The two main documents are the good faith estimate and the truth-in-lending disclosure.

    Function

    • The good faith estimate outlines the fees associated with the refinance. The truth-in-lending statement spells out the APR (annual percentage rate), which is the numerical representation of the total cost of the loan for a year.

    Legal Protection

    • The Equal Credit Opportunity Act applies to any mortgage refinance. A lender cannot deny you a mortgage for any reason other than your potential to repay the debt, based on credit and income.

    Considerations

    • The documents and guidelines placed on lenders for borrower notification help to prevent borrowers from being victims of predatory lending.

    Misconceptions

    • While the good faith estimate and truth-in-lending statement provide the borrower with the information needed to determine the cost of the mortgage, they do not prevent her from being overcharged. A borrower should shop around to make sure she is getting the best loan.

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