7.3 Federal Financing Regulations (RESPA, TILA, ECOA, TRID)
Key Takeaways
- TILA (Reg Z) requires APR and finance-charge disclosure and gives a 3-day rescission right on refinances of a primary residence, not purchases.
- RESPA (Reg X) bans Section 8 kickbacks for referrals and limits the escrow cushion to about two months.
- ECOA prohibits credit discrimination by race, religion, national origin, sex, marital status, age, or public-assistance income.
- TRID requires the Loan Estimate within 3 business days of application and the Closing Disclosure at least 3 business days before closing.
- APR increases beyond tolerance, added prepayment penalties, or product changes restart the TRID 3-day clock; minor fee changes do not.
The four-letter alphabet soup
Federal consumer-credit law dominates the financing portion. Learn what each statute protects against, because the exam frames questions as scenarios, not definitions.
- TILA (Truth in Lending Act) = cost disclosure. Forces lenders to disclose the APR, finance charge, total of payments, and gives certain rescission rights.
- RESPA (Real Estate Settlement Procedures Act) = settlement-cost transparency and a ban on kickbacks.
- ECOA (Equal Credit Opportunity Act) = anti-discrimination in lending.
- TRID (TILA-RESPA Integrated Disclosure) = the combined forms and timing rules.
Memory hook: TILA = true cost, RESPA = settlement, ECOA = equal credit.
TILA and Regulation Z
TILA is implemented by Regulation Z. It requires disclosure of the annual percentage rate (APR) — the true cost of credit including most fees — so borrowers can compare loans.
- APR vs. interest rate: the note rate is the bare interest; the APR rolls in points and finance charges, so APR is usually higher.
- Right of rescission: on a refinance or home-equity loan on a primary residence, the borrower has 3 business days to cancel. This does not apply to a purchase-money loan to buy the home.
- Trigger terms: ads stating a specific figure (e.g., "$900/month" or "5% down") must disclose full terms (APR, down payment, term).
RESPA (Regulation X)
RESPA applies to federally related mortgage loans on 1-4 unit residential property. Two heavily tested rules:
- Section 8 prohibits kickbacks and unearned fees for referrals between settlement-service providers. A title company paying an agent for sending clients violates Section 8 — penalties up to $10,000 and imprisonment.
- Affiliated business arrangements must be disclosed, and the consumer cannot be required to use the affiliate (except attorney/title in some cases).
RESPA also limits the escrow/impound cushion a lender can require to roughly two months of payments. A free lunch from a lender to a broker that influences referrals is the classic Section 8 violation on the exam.
ECOA and fair lending
ECOA prohibits credit discrimination based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance.
- A lender may ask about income from public assistance to evaluate capacity but cannot discount it.
- Applicants are entitled to a notice of action within 30 days and a statement of specific reasons for denial.
Trap: ECOA's classes overlap with but are not identical to the Fair Housing Act classes. Fair Housing covers familial status and disability for housing transactions; ECOA's list (above) governs credit. A question about loan denial points to ECOA, not Fair Housing.
TRID timing (the date math)
TRID merged old forms into two:
- Loan Estimate (LE): must be delivered within 3 business days of application.
- Closing Disclosure (CD): borrower must receive it at least 3 business days before consummation (closing).
Worked example: a borrower receives the CD on Monday. Counting three business days (Tue, Wed, Thu), the earliest the loan can close is Friday. Certain changes — APR increase beyond tolerance, adding a prepayment penalty, or a loan-product change — restart the 3-day clock. Minor changes (most fee adjustments) do not.
| Form | Trigger | Timing |
|---|---|---|
| Loan Estimate | Application | Within 3 business days |
| Closing Disclosure | Before consummation | At least 3 business days before |
What counts as an 'application' and tolerances
TRID timing keys off a defined application, which exists once the lender has six pieces of information: name, income, Social Security number, property address, estimated property value, and loan amount sought. Collecting those six items starts the 3-business-day Loan Estimate clock, so loan officers must be careful not to gather them prematurely.
The Loan Estimate is also a promise about costs, enforced by tolerance rules:
- Zero tolerance: lender's own charges and transfer taxes cannot increase at all.
- 10% tolerance: certain third-party services the borrower could not shop may rise up to 10% in aggregate.
- No tolerance limit: items the borrower shops for, prepaid interest, and property insurance can change.
If a charge exceeds its tolerance, the lender must cure the overage by crediting the borrower at or after closing. This is why the Closing Disclosure is compared line-by-line against the Loan Estimate.
Other financing-law touchpoints
A few smaller federal rules round out the topic.
- The Fair Credit Reporting Act (FCRA) governs credit reports; an applicant denied credit based on a report must receive an adverse action notice identifying the reporting agency.
- The Home Mortgage Disclosure Act (HMDA) requires lenders to report loan data so regulators can detect discriminatory patterns.
- Mortgage fraud schemes — straw buyers, inflated appraisals, undisclosed kickbacks — violate multiple statutes and can trigger criminal liability.
For the exam, connect the symptom to the statute: a denied applicant asking why points to ECOA's reason requirement and FCRA's report disclosure; a hidden referral fee points to RESPA Section 8; a missing or misstated APR points to TILA. Reading scenario stems for the harmed party and the harm makes the right statute jump out.
A title insurance company pays a real estate agent $150 for each buyer the agent refers, with no services performed in return. Which federal law does this most directly violate?
A borrower receives the Closing Disclosure on Monday and there are no clock-restarting changes. Under TRID, what is the earliest day the loan may close?