Document Updates: Advanced Fee/Application Disclosure (Cx2783); Wisconsin Version

The Wisconsin version of Cx2783 is provided pursuant to Wis. Stat. Ann. § 138.052(7e)(b) and Wis. Admin. Code, DFI-BKG § 43.02(11) & (14), the former of which requires the following:

“Before accepting an application or fee in connection with a loan, deliver to the potential loan applicant a written disclosure which clearly states all of the following:

1. Whether an application fee or other charge paid by an applicant in connection with a loan application is refundable in whole or in part of the application is denied or the loan is not closed.
2. Whether the terms of the agreement to make the loan, including but not limited to the interest rate and any fees charged in connection with the loan, are fixed through the date of the loan closing.
3. If the lender may change the terms of the agreement to make the loan if the loan is not closed on or before the date agreed upon, the specific terms which the lender may change.”

We have received feedback alleging that at least one auditor from the Wisconsin Department of Financial Institutions is taking issue with the use of the term “advanced fee” in Cx2783. Since “advanced fee” is not required to be used by Wisconsin on this form – and in order to mitigate any auditing issues –  we will be making the following changes to the document:

• The current title of the document (“Wisconsin Advanced Fee/Application Disclosure”) will be replaced with “Wisconsin Application Disclosure”; and

• The only heading within the document (“Advance Up Front Fees”) will not print when Property State (FI 1714) = Wisconsin.

These changes will take effect on April 17, 2020. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.

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