Section 1471 of the Dodd-Frank Act
established a new Truth in Lending (TILA) section 129H, which
contains appraisal requirements applicable to higher-risk mortgages
and prohibits a creditor from extending credit in the form of a
higher-risk mortgage loan to any consumer without meeting those
requirements. A Higher-risk mortgage is defined as a residential
mortgage loan secured by a principal dwelling with an annual
percentage rate (APR) that exceeds the average prime offer rate
(APOR) for a comparable transaction as of the date the interest
rate is set by certain enumerated percentage point spreads. The
rule requires that, within three days of application, a creditor
provide a disclosure that informs consumers regarding the purpose
of the appraisal, that the creditor will provide the consumer a
copy of any appraisal, and that the consumer may choose to have a
separate appraisal conducted at the expense of the consumer. If a
loan meets the definition of a higher-risk mortgage loan, then the
creditor would be required to obtain a written appraisal prepared
by a certified or licensed appraiser who conducts a physical visit
of the interior of the property that will secure the transaction,
and send a copy of the written appraisal to the consumer. To
qualify for the safe harbor provided under the rule, a creditor is
required to review the written appraisal as specified in the text
of the rule and appendix A. If a loan is classified as a
higher-risk mortgage loan that will finance the acquisition of the
property to be mortgaged, and the property was acquired within the
previous 180 days by the seller at a price that was lower than the
current sale price, then the creditor is required to obtain an
additional appraisal.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.