-
Current through October 23, 2012
For the purposes of this chapter, the term:
(1) "Annual percentage rate" means the annual percentage rate for the mortgage loan calculated according to the provisions of the Truth in Lending Act, the regulations promulgated thereunder by the Board of Governors of the Federal Reserve System, and the official staff commentary thereto.
(2) "Assessed value" means the full market value of real property for assessment and taxation purposes as determined by the Office of Tax and Revenue and in effect on the applicable date.
(3) "Bona fide loan discount points" means loan discount points which are knowingly paid by the borrower for the express purpose of reducing, and which reduce, the annual percentage rate.
(4) "Borrower" means each accommodation party, borrower, co-borrower, cosigner, co-maker, obligor, mortgagor, or guarantor obligated to repay a loan that is secured by a lien instrument.
(5) "Bridge loan" means a loan that has a term of less than one year and that only requires that payments of interest be made until the entire unpaid balance becomes due.
(6) "Commissioner" shall have the same meaning as set forth in § 26- 551.02(7).
(7)(A) "Covered loan" means a mortgage loan, secured by property located in the District (including an open-end line of credit, but not including a mortgage loan insured or guaranteed by a state or local authority, the District of Columbia Housing Finance Agency, the Federal Housing Administration, or the Department of Veteran Affairs, or a reverse mortgage transaction), in which the terms of the mortgage loan exceed one or more of the following thresholds:
(i) The loan is secured by a first mortgage on the borrower's principal dwelling and the annual percentage rate at closing will exceed by more than 6 percentage points the yield on United States Treasury securities having comparable periods of maturity to the loan maturity measured as of the 15th day of the month immediately preceding the month in which the application for the residential mortgage loan is received by the creditor;
(ii) The loan is secured by a junior mortgage on the borrower's principal dwelling and the annual percentage rate at closing will exceed by more than 7 percentage points the yield on United States Treasury securities having comparable periods of maturity to the loan maturity measured as of the 15th day of the month immediately preceding the month in which the application for the residential mortgage loan is received by the creditor; or
(iii) The origination/discount points and fees payable by the borrower at or before loan closing exceed 5% of the total loan amount.
(B) Notwithstanding subparagraph (A) of this paragraph, in the case of a loan made or purchased by the Federal National Mortgage Association, Federal Home Loan Corporation, or a bank, trust company, savings and loan association, or savings bank that is regulated and supervised by a supervising federal agency, which entities shall include the finance and operating subsidiaries of such entities that are so regulated and supervised, the term "covered loan" shall have the same meaning as a mortgage in section 103(aa) of the Truth in Lending Act, and regulations adopted pursuant thereto by the Federal Reserve Board, including 12 C.F.R. § 226.32 (relating to requirements for certain closed-end home mortgages).
(8) "Department" shall have the same meaning as set forth in § 26-551.02(9).
(9) "District" means the District of Columbia.
(10) "Gross income" means a borrower's gross income as set forth in a mortgage loan application and by a borrower, the borrower's financial statement, a credit report, financial information provided to the lender on behalf of the borrower, or as determined by any other reasonable means available to a lender, including a signed statement of the borrower; provided, that the borrower certifies the accuracy of the statement of his or her income and provides documentation that evidences such gross income.
(11) "Lender" means any person to whom the obligation is initially payable, either under the terms of the note or contract, or by agreement if there is no note or contract. The term "lender" shall include a mortgage broker, obligee, or mortgagee.
(12) "Lien instrument" means a deed of trust; mortgage; security agreement; trust deed; land installment contract; contract for a deed; assignment of lease, rent, or profit; or any other conveyance or retention of an interest in real property or personal property related to real property, including cooperative housing units and garage spaces, which secures the performance of a note or other obligation and creates a lien on real property or security interest in personal property. The term "lien instrument" shall include an amendment, modification, supplement, replacement, or restatement of a lien instrument.
(13) "Mortgage broker" shall have the same meaning as in § 26-1101(10).
(14)(A) "Mortgage loan" means any loan or other extension of credit:
(i) To a natural person primarily for personal, family, or household purposes;
(ii) That is secured by a lien instrument secured, in whole or in part, by residential real property located within the District which there is located, or there is to be located, a structure, intended principally for occupancy of from one to 4 families, and which is, or will be, occupied by the borrower as the borrower's principal dwelling; and
(iii) For which the principal amount does not exceed the conforming loan size limit for a comparable dwelling as established and revised from time to time by the Federal National Mortgage Association or the Federal Home Loan Corporation.
(B) A mortgage loan shall not include an extension of credit for the purpose of financing the acquisition or initial construction of a borrower's residential real property.
(15) "Note" means a promissory note secured by a deed of trust, a promissory note or mortgage bond secured by a mortgage, or any other written evidence of indebtedness or obligation secured by a lien instrument.
(16) "Notice" means a written notice that describes with reasonable clarity the specific act, event, or default and the response that the notice sender is seeking from the addressee or other party obligated to the sender of the notice.
(17) "Origination/discount points and fees" means points and fees as defined in 12 C.F.R. § 226.32(b).
(18) "Person" means an individual, corporation, governmental subdivision or agency, business trust, estate, trustee for a trust, partnership, association, limited liability company, joint venture, government, or any other legal or commercial entity or agent.
(19) "Point" means, when referring to a fee, one percent applied to a portion of a loan amount.
(20) "Principal balance" means the principal amount of a note.
(21) "Real property" means real property in the District and interests in real property located in the District, including the stock of a cooperative housing corporation and associated residential lease of a cooperative housing unit or garage space.
(22) "Red Flag Warning Disclosure Notice" means the notice provided for by § 26-1152.11.
(23) "Residential real property" means real property in the District improved by:
(A) A one to 4 family dwelling, including a condominium or cooperative housing unit; or
(B) A mixed-use building with an assessed value of $1 million or less containing one to 4 family dwelling units where:
(i) The owner of the residential real property is one or more natural persons who occupy one of the dwelling units as the owner's principal dwelling; or
(ii) The borrower is one or more natural persons who intend, in good faith, to occupy one of the dwelling units as the borrower's principal dwelling at the time of the loan closing.
(24) "Servicer" shall have the same meaning as in section 6(i)(2) of the Real Estate Settlement Procedures Act of 1974, approved November 28, 1990 (104 Stat. 4405; 12 U.S.C. § 2605(i)(2)).
(25) "Subsidiary", with respect to a specified bank holding company, means a company:
(A) Twenty-five percent or more of whose voting shares (excluding shares owned by the United States or by any company wholly owned by the United States) is directly or indirectly owned or controlled by the bank holding company, or is held by it with power to vote;
(B) The election of a majority of whose directors is controlled in any manner by the bank holding company; or
(C) With respect to the management or policies of which the bank holding company has the power, directly or indirectly, to exercise a controlling influence, as determined by the Board of Governors of the Federal Reserve System, after notice and opportunity for hearing.
(26) "Supervising federal agency" means the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Reserve Board, or the Federal Deposit Insurance Corporation.
(27) "Truth in Lending Act" means the Truth in Lending Act, approved May 29, 1968 (82 Stat. 146; 15 U.S.C. § 1601 et seq.).
(May 7, 2002, D.C. Law 14-132, § 101, 49 DCR 2551; June 11, 2004, D.C. Law 15-166, § 4(d), 51 DCR 2817.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-166 rewrote pars. (6) and (8) which had read as follows:
"(6) 'Commissioner' means the Commissioner of the Department of Banking and Financial Institutions, or his or her authorized designee."
"(8) 'Department' means the Department of Banking and Financial Institutions."
Emergency Act Amendments
For temporary (90 day) addition of section, see § 101 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
For temporary (90 day) amendment of section, see § 4(d) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
Legislative History of Laws
Law 14-132, the "Home Loan Protection Act of 2002", was introduced in Council and assigned Bill No. 14-515, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on February 5, 2002, and February 19, 2002, respectively. Signed by the Mayor on March 1, 2002, it was assigned Act No. 14-296 and transmitted to both Houses of Congress for its review. D.C. Law 14-132 became effective on May 7, 2002.
For Law 15-166, see notes following § 26-131.02.
References in Text
The "Truth in Lending Act", referred to in par. (1), is classified to 15 U.S.C.A. § 1601 et seq.
Section 103(aa) of the "Truth and Lending Act", referred to in par. (7)(B), is classified to 15 U.S.C.A. § 1602(aa).
Delegation of Authority
Delegation of Authority Pursuant to D.C. Law 14-132, "The Home Loan Protection Act of 2002", see Mayor's Order 2002-154, September 13, 2002 (49 DCR 8622).
