New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 19 - MORTGAGE LENDING
Part 8 - MORTGAGE LOAN COMPANY REQUIREMENTS
Section 12.19.8.12 - DISCLOSURES
Universal Citation: 12 NM Admin Code 12.19.8.12
Current through Register Vol. 35, No. 18, September 24, 2024
A. Mortgage loan companies shall provide rate lock disclosures to and enter into signed lock-in agreements with a borrower(s). The mortgage loan company shall use a rate lock disclosure form of their choosing. The rate lock disclosure shall include the following information:
(1) a rate float
option,
(2) the lock-in loan
interest rate,
(3) loan pricing for
the lock-in interest rate,
(4) loan
terms,
(5) loan lock-in period and
(6) any fees required for an
extension of the lock-in period. For the purposes of act, the term "pricing"
means the yield spread premium or discounts points disclosed as a credit or
charge in dollars to the borrower(s) for the loan interest rate.
B. At least two (2) days prior to closing, a mortgage loan company shall provide to the borrower(s) the following federal disclosures specific to the mortgage loan the borrower(s) is receiving:
(1) a good faith estimate and
(2) a truth in lending statement. These
documents shall be used to comply with Section 58-21-31(D) and (E) NMSA 1978.
For the purposes of the act, the yield spread premium or discount points
received by the mortgage loan company shall be disclosed as a credit or charge
in a dollar amount on all good faith estimates.
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