These two documents are provided pursuant to 12 C.F.R. § 1026.19(b)(2), Clause (ii) of which requires a creditor to disclose “the index or formula used in making adjustments [for certain variable-rate transactions], and a source of information about the index or formula”. As part of this disclosure, our documents promulgate the following sentence after describing the initial index used:
“. . . If the index is no longer available at any time during the term of the loan, we (or the designated loan servicer) will choose a new index that is based upon comparable information and give you advance notice of this choice.”
Due to the new “fallback” language being added to the FNMA and FHLMC uniform ARM promissory notes and ARM riders (see https://compliance.docutech.com/2020/02/06/compliance-news-major-gse-arm-notes-and-riders-changes/ and https://compliance.docutech.com/2020/02/21/docutechs-roadmap-to-libor-retirement/), the current language in our ARM Disclosures will not be entirely accurate for loans which use the new “fallback” language, because it requires the note holder to choose a replacement index recommended by the Federal Reserve system or, absent such recommendation, a comparable replacement index (and margin, if necessary).
To accommodate both the current language on the ARM notes and ARM riders, as well as the new “fallback” language, we will be modifying the above referenced sentence to state the following instead:
“. . . If the index is no longer available at any time during the term of the loan, a new index will be chosen as a replacement and Lender (or the designated loan servicer) will give you advance notice of this choice.”
This change will be in effect on March 5, 2020 . If you have any questions or concerns about this change, please contact Client Support at 1.800.497.3584.