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    Categories: Credit

Guide to the TILA  

Complete Guide to the TILA:

Also known as Regulation Z, the TILA or Truth in Lending Act protects consumers from incorrect and unfair credit card practices and billing. It also requires creditors to show the borrowing credit’s true cost. Since the law’s ratification in 1968, it has been revised several times to correspond with the changes in the credit industry. Here’s the complete guide to the Tila.

How the TILA Works

The TILA offers considerable benefits for borrowers such as more visibility into fees and loan terms and a better understanding of the loan contract. It also allows them to compare credit card and loan offers from different providers as well as understand and avoid unreasonable fees and penalties. The TILA requires lenders and creditors to provide borrowers with easy-to-understand overviews of fees and loan terms, interest rates, penalties and other important conditions and terms. They need to provide a written disclosure, which includes the following information:

  • Monthly payments – The amount that the borrower has to pay every month.
  • Total of payments that the debtor will make – This includes the interest, fees and principal amount that you need to pay throughout the loan period.
  • APR or annual percentage rate – It pertains to the annual percentage rate applicable to the cost of credit.
  • Finance charges – Information about the amount of fees and interest that you will pay in dollars.

Lenders and creditors should also provide information about the following:

  • late fees that apply
  • total credit or loan amount given to the debtor
  • total number of payments
  • finance charge, fees the debtor will pay throughout the loan term and interest if they make on-time payments
  • restrictions around loan prepayment
  • other important conditions and terms

You should read the lending contract properly before you sign anything. Disclosures are usually included in the contract, so make sure to read and understand the agreement properly. Don’t forget to review all the references and terms contained within the disclosure.

What is Not Covered Under the TILA?

The TILA doesn’t apply to organizational, agricultural and business credit, student loan program, trusts, credit card renewals, public utility credit, securities or commodities accounts and certain kinds of mortgages. Moreover, it doesn’t cover refinanced business credit, non-owner-occupied properties as well as owner-occupied rental properties that the landlord will occupy within a year.

 

What is the Right of Recission?

The TILA allows borrowers to cancel a refinance transaction, line of credit or home equity loan within 3 days of closing. The lender must then refund all payments within 20 days. This right applies only to mortgage refinancing. It doesn’t cover the purchase of new properties.

Borrowers can receive compensation if the lender or creditor violates their TILA rights. Violations can include improper or wrong disclosure of payment schedule, finance charge, security interest disclosure, annual percentage rate, security interest disclosure and total payments.

Conclusion

The TILA provides borrowers with crucial information and protection against predatory lending practices. It also makes financial disclosures simpler and easier for borrowers to understand. All of these factors can help them make the right financial decisions.

Jonathan Restrepo: Jonathan Restrepo writes about consumer credit for Creditmergency. He's passionate about helping others achieve financial freedom, so he dedicates his free time to learn about personal finance. His work has appeared in The New York Times, Washington Post, Los Angeles Times, MarketWatch, USA Today and MSN Money, and on the Associated Press wire.
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