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Foreclosures: What You Need to Know About Truth in Lending

The Truth in Lending Act (TILA) was enacted in 1968 as part of the Consumer Credit Protection Act to protect consumers from several unsavory practices used by credit lenders.

The Truth in Lending Act is now a federal law that requires all lenders to fully disclose the terms involved in the credit transaction. The TILA law is sometimes referred to as Regulation Z, since that is its name in the Consumer Credit Protection Act. While TILA was originally designed to protect consumers from unsolicited credit cards, it has since been expanded to include mortgage lending.

Truth in Lending Mandates Certain Disclosures

In most cases, a house is one of the biggest financial purchases a person will ever make. As a result, the process of buying a house and obtaining credit for the purchase can be complicated.

Before the Truth in Lending Act, lenders were not mandated to precisely disclose how much they would be charging homeowners for the credit they were receiving. Now, TILA mandates certain disclosures.

Lenders must disclose all costs associated with a mortgage, including interest, finance charges, fees and anything else the borrower will need to pay, according to CreditBloggers.com.

To make it easy for borrowers to understand the costs associated with their mortgage, the Truth in Lending Act requires all lenders to standardize how they present information. According to MSMoney.com, lenders should use the common Truth in Lending Disclosure Statement. The Truth in Lending Disclosure Statement should clearly list the APR (annual percentage rate), finance charges, the total of mortgage payments and the total amount financed.

When to Request a Truth in Lending Disclosure Statement

When you're shopping for a mortgage, a potential lender should give you a Truth In Lending Disclosure Statement before you sign any paperwork. If your lender doesn't voluntarily offer the statement, ask for it.

You can't make an informed decision about a potential mortgage until you fully know the costs involved. In many cases, a future foreclosure can be prevented before you even obtain your mortgage by accurately understanding the costs associated with your loan.

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