CFPB releases updated adjustable-rate mortgage booklet and HELOC brochure
In October, the CFPB released updated versions of two consumer publications that creditors must furnish under Regulation Z: the Consumer Handbook on Adjustable-Rate Mortgages (“CHARM booklet”) and the brochure “What You Should Know About Home Equity Lines of Credit” (“HELOC brochure”). Under 12 CFR 1026.19(b)(1), creditors must provide the CHARM booklet to consumers applying for adjustable-rate mortgages. The revised CHARM booklet identifies the Secured Overnight Financing Rate (SOFR) as a common index, updates its sample Loan Estimate and examples, and adds an explanation of interest rate caps. Similarly, under 15 U.S.C. 1637a(e) and 12 CFR 1026.40(e), creditors must provide the HELOC brochure to consumers applying for home equity lines of credit. The revised HELOC brochure uses plain-language wording, references SOFR, and updates its discussion of occupancy requirements, reverse mortgages, and housing counseling. For each publication, the CFPB stated that creditors may continue to use an earlier version until existing supplies run out, may begin using the revised version immediately, but should use the most recent version when reprinting. The CFPB also permits creditors to use a “suitable substitute” to comply with this requirement.