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Truth In Lending

The Truth in Lending Act (TILA) is a federal law enacted by Congress in 1968, with the express purpose of protecting consumers in credit transactions. TILA requires clear disclosures of the terms and costs involved in various consumer credit transactions such as credit cards, home mortgages and auto loans.

The Truth in Lending statute is found at 15 USC 1601-1615. Important regulations have also been implemented, commonly referred to as Reg Z, which can be found at 12 CFR Part 226.

TILA was passed so that consumers would be informed about the sometimes complex and confusing provisions involved in consumer credit transactions. Some of TILAs most important provisions give the consumer the right to cancel certain credit transactions that involve a lien on the consumer's dwelling within three days, this is commonly referred to as the "three day right of rescission", regulates many of the provisions involving credit cards and provides consumers with the an avenue to dispute certain credit charges.

Excluding the HOEPA provisions, consumer credit charges are not regulated by TILA, but TILA does require the disclosure of certain interest rates.

Right of Rescission Under TILA
Posted by: Matthew Dunaway
March 10, 2008

The federal law offers a 'cool-off' period, if you are refinancing your purchase money loan with another lender or getting a home equity loan. This cool-off period is offered in the 'right of rescission'. To put it simply, this credit law provides you with some extra time to help you decide on the agreement. Under the Truth in Lending Act of the Federal law, the Right of Rescission offers protection to borrowers.

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Closed-End Credit Transaction Under TILA
Posted by: Matthew Dunaway
March 10, 2008

Closed-end credit refers to a credit extended for a particular period of time and is set on a specific amount. For instance, if you purchase a washing machine under the closed-end agreement, a specific payment must be paid within a fixed time period (a specific number of week or months). The credit must be repaid in full within that time period.

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Open-End Credit Transactions Under TILA
Posted by: Matthew Dunaway
March 10, 2008

An open ended credit is generally described as an agreement or a pre-approved loan between the borrower and the financial institution or the lender. The loan can be put to use by the borrower repeatedly, however, only to a particular limit and must be repaid subsequently before the payments turn overdue.

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Real Estate Settlement Procedures Act - RESPA
Posted by: Matthew Dunaway
March 10, 2008

Someone who is planning to apply for mortgage in order to refinance his/her home must have a clear knowledge of the rights he/she enjoys under the Real Estate Settlement Procedures Act, also known as RESPA. RESPA happens to be a consumer protection statute. This act was first passed in the year 1974. It enables consumers to fetch better bargains for settlement services. Moreover, RESPA helps in getting rid of any kind of referral fee or bribe that needlessly adds to the total cost of some settlement services.

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Home Ownership and Equity Protection Act - HOEPA
Posted by: Matthew Dunaway
March 10, 2008

While granting particular consumer mortgage loans, some lenders engage in unscrupulous lending practices. This is known as predatory lending, which brings harm to legitimate lenders and consumers and adds to high foreclosure rates. Such practices can be prevented by applying several kinds of consumer protection laws.

If, in any case, you are planning for refinancing your mortgage loan or even thinking of applying for home equity installment loan, you must have a clear knowledge of Home Ownership and Equity Protection Act (HOEPA). This is so because lenders offering mortgage refinancing must comply with the act. HOEPA covers unfair and deceptive practices involved in taking home equity loans.

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Truth in Lending Act Legislation
Posted by: Matthew Dunaway
March 10, 2008

TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER I--CONSUMER CREDIT COST DISCLOSURE
Part A--General Provisions
Sec. 1601. Congressional findings and declaration of purpose
(a) Informed use of credit
The Congress finds that economic stabilization would be enhanced and
the competition among the various financial institutions and other firms
engaged in the extension of consumer credit would be strengthened by the
informed use of credit. The informed use of credit results from an
awareness of the cost thereof by consumers. It is the purpose of this
subchapter to assure a meaningful disclosure of credit terms so that the
consumer will be able to compare more readily the various credit terms
available to him and avoid the uninformed use of credit, and to protect
the consumer against inaccurate and unfair credit billing and credit
card practices.

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Fair Credit Billing Act - Overview
Posted by: Matthew Dunaway
March 10, 2008

At some point of time, you might have received billing for a product you had returned or had never received. Your credit card company might have twice extracted money from you for the same item. These things are bound to annoy you a lot; but, they can be corrected too. The dispute settlement processes of Fair Credit Billing Act can get you out through it.

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History of Truth in Lending Act - TILA
Posted by: Matthew Dunaway
March 10, 2008

After several years of legislative study, research and struggle, the United States Congress and President Lyndon B. London agreed and signed the Consumer Credit Protection Act (CCPA). Truth in Lending Act (Title I) was a part of the CCPA. After the enactment of the law, this act was considered to be a milestone in legislation. The Truth in Lending Act marked the origin of the contemporary legislative activism.

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Truth in Lending Act - Overview
Posted by: Matthew Dunaway
March 10, 2008

In 1968, the Truth in Lending Act came into existence and was enacted by the Congress in the United States of America. A Federal law, Truth in Lending Act was especially crafted to protect customers in their dealings with creditors. The act states that certain related information must be notified to a customer or borrower before extending credit. It requires a clear disclosure of the entire costs, the major terms of the lending plan and the annual percentage rate.

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Matthew A. Dunaway, Dunaway Attorneys at Law, helping consumers fight predatory lending throughout Alabama, in Birmingham, Mobile, Dothan, Selma, Auburn, Cullman, Tuscaloosa, Anniston, Gadsden, Huntsville, Decatur, Florence.

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March, 2008


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