| R006-P1-C038 |
Section 1641(g) requires the new owner/assignee to give a written ownership-transfer notice within its stated 30-day period. |
Statutory mortgage definition: consumer credit secured by the consumer’s principal dwelling. Content: new creditor identity/contact, transfer date, authorized contact, recording location, and relevant additional information. |
S003 §1641(g)(1)–(2). |
S; separate from servicing notice. |
| R006-P1-C039 |
Current §39’s closed-end coverage is broader than the statute’s stated principal-dwelling definition. |
Open-end: principal dwelling. Closed-end: dwelling or real property. Posted comment 39(a)(2)-1 still describes principal-dwelling coverage; amended text, comment 39(d)-2, and the final amendment establish the broader closed-end wording. |
S014 §39(a)(2), comments 39(a)(2)-1 and 39(d)-2; S018 p.80130; S016. |
R/O/H; discrepancy disclosed, not silently reconciled by narrowing the rule. |
| R006-P1-C040 |
Consumer, dwelling, and person are distinct definitions. |
Consumer credit is primarily personal/family/household. A dwelling can be a qualifying residential structure without real-property status. A covered owner can be an organization; an organizational purchaser does not thereby turn the borrower’s loan into organizational credit. |
S013 §2(a)(11), (12), (19), (22), comments. |
R/O; last sentence I. |
| R006-P1-C041 |
Business-purpose and organizational-credit exclusions require the correct borrower/transaction analysis. |
Section 3(a) applies; necessary trust interpretations prevent treating every trust transaction as automatically excluded. |
S013 §3(a)(1)–(2), relevant comments; §2(a)(11) comments. |
R/O; no actual consumer/business or trust determination. |
| R006-P1-C042 |
A §39 covered person acquires legal title to an existing mortgage debt and acquires more than one mortgage loan in any twelve-month period. |
Purchase, assignment, or other transfer can qualify; the person need not satisfy Regulation Z’s separate “creditor” definition. Partial and joint legal-title acquisitions can qualify. |
S014 §39(a)(1), comments 1–2. |
R/O; acquisition frequency and actual legal title are not presumed. |
| R006-P1-C043 |
Beneficial interest, a security interest, or credit risk without legal title does not satisfy the legal-title trigger. |
Administrative-convenience assignment to a servicer is also excluded as specified. |
S003 §1641(f)(1)–(3); S014 §39(a)(1), comment 3. |
S/R/O; securitization or servicing labels alone do not decide the issue. |
| R006-P1-C044 |
Affiliation does not itself excuse an ownership disclosure. |
Acquisition by a separate legal entity, including through a qualifying merger, acquisition, or reorganization, is addressed by the ownership rule, subject to its other conditions. |
S014 comments 39(a)(1)-2(iii), -4. |
O; do not import the Regulation X affiliate exception. |
| R006-P1-C045 |
The owner must mail or deliver by the 30th calendar day following its defined transfer date. |
The covered person may use acquisition recognized in its books or transfer recognized in the transferor’s books. No business-day exclusion, holiday extension, or extra presumed receipt period is stated here. |
S014 §39(b), (b)(2); S016. |
R; notice date or recording date is not freely substituted. |
| R006-P1-C046 |
Ownership disclosures must be clear, conspicuous, written, and retainable; electronic provision is E-Sign-conditioned. |
With multiple liable consumers, delivery to any primarily liable consumer is permitted by §39(b)(3). Combining with servicing notices is allowed only if applicable requirements are met. |
S014 §39(b)(1), (3), comment 39(b)(1)-1. |
R/O; do not import this recipient rule into §33. |
| R006-P1-C047 |
Disposition of all acquired interest by the 30th calendar day can exempt that intermediate acquirer. |
Retention of a partial interest on that day prevents reliance on this particular exception. The next acquirer requires its own analysis. |
S014 §39(c)(1), comments 1–2. |
R/O; no chain-wide exemption. |
| R006-P1-C048 |
A qualifying repurchase agreement can excuse disclosure while its specified arrangement applies. |
The transferor must be obligated to repurchase. If repurchase does not occur, the covered person must disclose within 30 days after recognizing acquisition on its books; the interpretation also addresses intermediaries. |
S014 §39(c)(2), comment 1. |
R/O; not every temporary holding or warehouse arrangement qualifies. |
| R006-P1-C049 |
The partial-interest exception requires both a partial acquisition and no specified authorized-contact change. |
The party authorized to receive rescission notice and resolve payment issues must remain unchanged as a result of the transfer. Same servicer alone does not establish the exception; acquisition of the remaining interest is separately addressed by the comment. |
S014 §39(c)(3), comments 1–2. |
R/O; no general “same servicer” exemption. |
| R006-P1-C050 |
For sequential acquisitions, one disclosure for multiple covered persons is optional if each person’s requirements are met. |
Each retains its compliance duty. A subsequent transfer date may be estimated only under the comment’s unknown/reasonably-available, good-faith diligence standard. |
S014 §39(b)(4), comments 1–3. |
R/O; no invented actual dates. |
| R006-P1-C051 |
Joint acquisition requires a single disclosure for the joint covered persons. |
Where completion dates differ, the comment uses the earliest acquisition’s clock. Separate, unrelated partial acquisitions are different: each duty remains, although a compliant combined disclosure is possible. |
S014 §39(b)(5), comments 1–4; 39(a)(1)-2(ii). |
R/O; “multiple owners” does not by itself establish joint acquisition. |
| R006-P1-C052 |
The notice must identify the transferred loan and provide the covered owner’s name, address, telephone number, and transfer date. |
Loan identification must be sufficient under the comment; no actual or invented identifying value is entered here. Servicer contact alone is not ordinarily a substitute for owner identification. |
S014 §39(d), (d)(1)–(2), comments 39(d)-1 and 39(d)(1)-1. |
R/O. |
| R006-P1-C053 |
A combined notice ordinarily identifies each covered person; a narrow authorized-owner exception can permit identification of only one. |
The identified party must itself be a covered person authorized for both specified rescission and payment functions. |
S014 §39(d)(1)(i)–(ii), corresponding comments. |
R/O; identifying any servicing agent is not equivalent. |
| R006-P1-C054 |
The authorized-contact disclosure concerns receiving rescission notices and resolving payment issues. |
Owner contact can suffice if usable for those purposes. If multiple agents are listed, their differing authority must be explained. No new agent need be appointed; email/website are optional. |
S014 §39(d)(3), comments 1–2. |
R/O; this content requirement does not create an otherwise absent rescission right. |
| R006-P1-C055 |
The recording disclosure permits the stated alternatives. |
Disclose where ownership transfer is or may be recorded, or truthfully that it has not been recorded when notice is provided. The comment does not require an exact street address. |
S014 §39(d)(4), comment 1. |
R/O; neither recording nor validity is established by the notice’s assertion. |
| R006-P1-C056 |
Applicable closed-end notices must disclose the partial-payment policy under the specified heading. |
Excludes reverse mortgages from this additional content, not automatically the entire ownership rule. State the applicable accept/apply, accept/hold-until-complete, or reject policy; include that a later lender may have a different policy. |
S014 §39(d) introductory text, (d)(5)(i)–(iv); S018 p.80130. |
R; a policy disclosure is not an adjudication of lawful payment application. |
| R006-P1-C057 |
Old application dates do not create a perpetual exclusion from §39(d)(5). |
The official implementation commentary addresses October 3, 2015 transition treatment and conditions occurring on or after October 1, 2018, regardless of application date. |
S015 comment 1(d)(5)-1, especially post-consummation provisions. |
O; no individual deadline calculated. |
| R006-P1-C058 |
Regulation Z includes confirmed-successor treatment and a specified notice/acknowledgment limitation. |
Apply §2(a)(11), (27) and §39(f)’s actual wording, including the compliant Regulation X notice, nonliability, assumption, acknowledgment, and revocation conditions. |
S013 relevant successor definitions/comments; S014 §39(f); S019 instruction 22. |
R/O; not a general owner exemption or determination of personal liability. |
| R006-P1-C059 |
Transmission on another covered person’s behalf is contemplated; substantive responsibility is not erased. |
Current multiple-person provisions expressly allocate duties; the 2013 explanation contemplates owner/servicer arrangements for required disclosure. A sender’s letterhead alone proves neither ownership nor authority nor compliance. |
S014 §39(b)(4)–(5), duty comments; S018 pp.80059–80060. |
R/O; broader agent-delivery conclusion is bounded I. Actual agency is U. |
| R006-P1-C060 |
A contact change alone, without qualifying acquisition, is not the §39 ownership-transfer trigger. |
Conversely, a qualifying partial transfer plus change of the specified authorized party can defeat §39(c)(3)’s exception. Other contact-update duties are outside this component. |
S014 §39(a), (c)(3), (d)(3), (e). |
I from the stated trigger; no general exemption from other law. |
| R006-P1-C061 |
These disclosure provisions do not make a notice conclusive proof of assignment, title, security rights, balance, or standing. |
Likewise, absence or defect of notice does not itself establish invalid assignment, debt cancellation, or a remedy. Distinct substantive and evidentiary law would be needed. |
S001 §2605(b)–(d); S003 §1641(g); S014 §39(a), (d). |
Expressly bounded I; all actual legal-status and litigation questions held. |