Real Estate

TILA (Truth in Lending Act)

TILA is a federal law that requires lenders to disclose key loan terms and costs to borrowers in a standardized format, including the APR, finance charges, and total payments, enabling consumers to compare credit offers.

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Exam Tip

TILA = Truth in Lending. APR is the key disclosure. 3-day rescission for refinances/HELOCs (NOT purchase loans). Helps consumers compare credit.

What is TILA?

The Truth in Lending Act (TILA), also known as Regulation Z, is a federal consumer protection law enacted in 1968. It requires lenders to provide clear, standardized disclosures about loan terms and costs so consumers can make informed borrowing decisions and compare offers from different lenders.

Key TILA Disclosures

DisclosureDescription
APR (Annual Percentage Rate)True cost of credit including fees
Finance ChargeTotal dollar amount of interest and fees
Amount FinancedActual loan amount (principal minus prepaid fees)
Total of PaymentsSum of all payments over loan term
Payment ScheduleNumber, amount, and timing of payments

APR vs. Interest Rate

TermWhat It Includes
Interest RateOnly the interest charged on principal
APRInterest + points + origination fees + other costs

Example: 6.5% interest rate might equal 6.8% APR when fees are included.

TILA Coverage

TILA applies to most consumer credit, including:

CoveredNot Covered
MortgagesBusiness loans
Auto loansSecurities transactions
Credit cardsPublic utility credit
Personal loansLoans over $50,000 (some exceptions)
Home equity linesStudent loans (separate rules)

Required Timing of Disclosures

Transaction TypeWhen Disclosures Due
Closed-end credit (mortgage, auto)Before loan consummation
Open-end credit (credit cards)With first billing statement
Loan EstimateWithin 3 business days of application
Closing DisclosureAt least 3 days before closing

Right of Rescission

For certain home-secured loans (HELOCs, refinances):

FeatureDetails
Time period3 business days after closing
Applies toHome equity loans, refinances with different lender
Does NOT apply toPurchase money mortgages
Extended periodUp to 3 years if disclosures not provided

TILA vs. RESPA Comparison

AspectTILARESPA
FocusCost of creditSettlement procedures
Key disclosureAPRClosing costs
Main purposeEnable credit comparisonPrevent cost inflation
RegulatorCFPBCFPB

Advertising Rules

TILA has specific rules for loan advertisements:

If Ad StatesMust Also Disclose
Interest rateAPR
Down paymentTerms of repayment
Monthly paymentAPR and payment terms
Finance chargeAPR

Penalties for TILA Violations

Violation TypePenalty
Individual lawsuitsActual damages + statutory damages
Class actionsUp to $1 million or 1% of net worth
CriminalUp to $5,000 fine and/or 1 year imprisonment
Rescission failureExtended rescission period

Exam Alert

TILA = standardized credit disclosures. APR is the key disclosure (includes interest + fees). Right of rescission = 3 business days for refinances and HELOCs (NOT purchase mortgages). TILA helps consumers COMPARE credit offers.

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