Idaho Code 26-31-210 – Restrictions On Fees and Charges
Current as of: 2023 | Check for updates
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(1) A person subject to this part shall not require a borrower or person seeking a loan modification to pay any fees or charges prior to a residential mortgage loan closing, or prior to the completion of a loan modification, except:
(a) Charges actually incurred by the person subject to this part on behalf of the borrower or person seeking a loan modification for services which have been rendered by third parties. These fees may include, but are not limited to, fees for credit reports, flood insurance certifications, property inspections, title insurance commitments, UCC-4 lien searches and appraisals;
(b) An application fee;
(c) A rate-lock fee;
(d) A commitment fee upon approval of the residential mortgage loan;
(e) A cancellation fee which may be charged and collected by a person subject to this part at any time either prior to the scheduled closing of a residential mortgage loan transaction, completion of a loan modification or subsequent thereto.
(2) Any fees charged under the authority of this section must be reasonable and customary as to the type and the amount of the fee charged.
Terms Used In Idaho Code 26-31-210
- Borrower: means the person who has applied for a residential mortgage loan from a licensee, or person required to be licensed, under this chapter, or on whose behalf the activities set forth in section 26-31-201(3), (5) or (7) or 26-31-303(7), Idaho Code, are conducted. See Idaho Code 26-31-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Loan modification: means an adjustment or compromise of an existing residential mortgage loan. See Idaho Code 26-31-201
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Person: means a natural person, corporation, company, limited liability company, partnership or association. See Idaho Code 26-31-102
- Property: includes both real and personal property. See Idaho Code 73-114
- Residential mortgage loan: means any loan that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in section 103(w) of the truth in lending act, located in Idaho, or on residential real estate. See Idaho Code 26-31-102
