Our professionals and support staff have extensive experience. |
Chief Compliance Officer
Senior Regulator (federal)
Senior Examiner (state)
Quality Control VP
Forensic Loan Auditor
|Risk-based pricing refers to the practice of using a consumer's credit report, which reflects his or her risk of nonpayment, in setting or adjusting the price and other terms of credit offered or extended to a particular consumer. The risk-based pricing rules implement section 311 of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which amends the Fair Credit Reporting Act (FCRA).The Federal Reserve Board (FRB) and the Federal Trade Commission (FTC) proposed regulations in May 2008 that generally would require a creditor to provide a consumer with a risk-based pricing notice when, based in whole or in part on the consumer's credit report, the creditor offers or provides credit to the consumer on terms less favorable than the terms it offers or provides to other consumers. On December 28, 2009, the FRB and FTC announced the final risk-based pricing rules, with the effective compliance date of January 1, 2011. Publication in the Federal Register of the final rules took place on January 15, 2010. The new rules apply to all mortgage brokers, correspondents and lenders and impacts all consumers that have credit data and/or scores accessed for a risk-based pricing decision, regardless of loan approval status.Indeed, risk-based pricing rules apply, with certain exceptions, to all creditors that engage in risk-based pricing. A risk-based pricing notice would generally be provided to the consumer after the terms of credit have been set, but before the consumer becomes contractually obligated on the credit transaction. The rules provide a number of different approaches that creditors may use to identify the consumers to whom they must provide risk-based pricing notices.
In addition, the rules include certain exceptions to the notice requirement, the most significant being an exception that permits creditors, in lieu of providing a risk-based pricing notice to those consumers who receive less favorable terms, to provide all of their consumers with their credit scores and explanatory information.As an alternative to providing risk-based pricing notices, the final rules permit creditors to provide consumers who apply for credit with a free credit score and information about their score. Today, most consumers must pay a fee to obtain their credit score.Companies that use a credit report or score in connection with a credit decision must send notice, containing specified information, to a consumer when, based on a credit report or score, the company grants credit on material terms that are not the most favorable terms offered to a substantial proportion of consumers. For instance, in most cases, the rule defines "material terms" as the loan's Annual Percentage Rate.Effective: January 1, 2011Go to Library
The new rule differs from the current FACTA required Notice to Home Loan Applicant and Consumer Score Disclosure requirements in several important ways:
1) Each risk based pricing disclosure must include the decisioning credit score and a comparative study showing how each consumer's credit score relates to others using that specific scoring model.
2) Whereas the previous FACTA notices allowed for combining of joint applicants, the new disclosures are required to be sent individually and separately. (These disclosures cannot be combined with any other non-FACTA documents and/or required disclosures.)
3) A unique disclosure is required in instances where a credit score is not available.
| Visit Library for Issuance|
Fair Credit Reporting Risk-Based Pricing
Fair Credit Reporting Risk-Based Pricing Regulations, Final Rule, FR 75/10, January 15, 2010
Fair Credit Reporting Risk-Based Pricing Regulations - Agency Notice, December 28, 2009
Model Forms - Risk-Based Pricing, Agency Notice, December 28, 2009
Fair Credit Reporting Risk-Based Pricing Regulations: Correction, FR 73/104, May 29, 2008
Fair Credit Reporting Risk-Based Pricing Regulations, Proposed Rule, FR 73/97, May 19, 2008
Suite of Services and Specializations
Mortgage Compliance Compliance Administration
Defaults and Claims Reviews Forensic Mortgage Audit®
Mortgage Defaults Task Force Mortgage Quality Control
FHA Examinations State and Federal Examinations
Mortgage Due Diligence FNMA|FHLMC|GNMA Applications
Legal Reviews & Remedies Loss Mitigation Compliance
Sarbanes-Oxley Compliance HMDA & CRA Processing
Mortgage Fraud Audit Disaster Recovery Plans
CORE Compliance Matrix® Statutory Licensing
Business Development Information Security Plans
IT & IS Compliance RESPA-AfBAs
Lenders Compliance Group is the first full-service, mortgage risk management firm in the country, specializing exclusively in mortgage compliance and offering a full suite of hands-on and automated services in residential mortgage banking.
We are pioneers in outsourcing solutions for mortgage compliance.
This communication is sent to our valued clients and colleagues, who regularly receive our Mortgage Compliance Updates, Compliance Alerts, and Commentaries.
These publications are free to subscribers. Information contained herein is not intended to be and is not a source of legal advice.
© 2007-2010 Lenders Compliance Group, Inc. All Rights Reserved.