Anti - Predatory Lending Category
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1 Anti - Predatory Lending Category s are ineligible for delivery under the MPF Program which are classified as high cost, high rate, unratable (as defined in OG, high risk or HOEPA loans or loans in similar categories as defined by applicable predatory or abusive lending laws (see Chapter of the Origination Guide). In addition, the MPF Program has adopted Standard & Poor s Predatory Lending Categories for determination of loan eligibility and credit enhancement under the MPF Program. Standard & Poor s has categorized loans governed by predatory lending laws in the jurisdictions listed below into three categories based upon a combination of factors that include (a) the risk exposure associated with the assignee liability and (b) the tests and thresholds set forth in those laws. Note that certain loans classified by the relevant statute as Covered are included in Standard & Poor s High Cost Category because they include thresholds and tests that are typical of what is generally considered High Cost by the industry. Although the categories below may differ from state or local law definitions and names, Exhibit A must be used to determine a loan s eligibility and delivery requirements under the MPF Program. See Chapter 2.6 of the Origination Guide for more information on eligibility requirements and Form OG3 for data delivery requirements. Standard & Poor s High Cost Categorization s in this category are not eligible for delivery under the MPF Program Arkansas Arkansas Home Protection Act, Ark. Code Ann et Effective July 16, 2003 Cleveland Heights, OH Ordinance No (PSH), Mun. Code et Effective June 2, 2003 Colorado Consumer Equity Protection, Colo. Stat. Ann et Effective for covered loans offered or entered into on or after January 1, Other provisions of the Act took effect on June 7, 2002 Connecticut Connecticut Abusive Home Lending Practices Act, Conn. Gen. Stat. 36a-746 et Effective October 1, 2001 High Cost Home Covered Covered High Cost Home Exhibit A Page 1
2 Standard & Poor s High Cost Categorization s in this category are not eligible for delivery under the MPF Program District of Columbia Home Protection Act, D.C. Code et Effective for loans closed on or after January 28, 2003 Florida Fair Lending Act, Fla. Stat. Ann et Effective October 2, 2002 Georgia (Oct 1, 2002 Mar 6, 2003) Georgia as amended (Mar 7, 2003 current) HOEPA Section 32 Illinois Indiana 7-6A-1 et Effective October 1, 2002 March 6, A-1 et Effective for loans closed on or after March 7, 2003 Home Ownership and Equity Protection Act of 1994, 15 U.S.C. 1639, 12 C.F.R and Effective October 1, 1995, amendments October 1, 2002 High Risk Home Act, Ill. Comp. Stat. tit. 815, 137/5 et Effective January 1, 2004 (prior to this date, regulations under Residential Mortgage License Act effective from May 14, 2001) Indiana Home Practices Act, Ind. Code Ann et Effective for loans originated on or after January 1, 2005; amended by 2005 HB 1179, effective July 1, Kansas Consumer Credit Code, Kan. Stat. Ann. 16a et Sections 16a and 16a became effective April 14, 1999; Section 16a-3-308a became effective July 1, 1999 Kentucky 2003 KY H.B. 287 Act, Ky. Rev. Stat et Effective June 24, 2003 Covered ( unratable as defined in High Cost High Risk Home High to Value Consumer and; High APR Consumer Exhibit A Page 2
3 Standard & Poor s High Cost Categorization s in this category are not eligible for delivery under the MPF Program Maine Truth in Lending, Me. Rev. Stat. tit. 9-A, et Effective September 29, 1995 and as amended Maine Truth in Lending, Me. Rev. Stat. tit. 9-A, et Effective January 1, 2008 and as amended Massachusetts Massachusetts Part 40 and Part 32, 209 C.M.R et and 209 C.M.R et Effective March 22, 2001 and amended from time to time Massachusetts Predatory Home Practices Act Mass. Gen. Laws ch 183C, 1 et Effective November 7, 2004 High Rate High Fee Mortgage Rate Spread Home High Cost Home Mortgage Nevada Nev. Rev. Stat. 598D.010 et Home New Jersey New Mexico New Jersey Home Ownership Security Act of 2002, N.J. Rev. Stat. 46:10B-22 et Effective for loans closed on or after November 27, 2003 Home Protection Act, N.M. Rev. Stat A-1 et Effective as of January 1, 2004; Revised as of February 26, 2004 New York N.Y. Banking Law 6-l Effective for applications made on or after April 1, 2003 New York N.Y. Banking Law 6-m Effective September 1, 2008 Subprime Home Exhibit A Page 3
4 Standard & Poor s High Cost Categorization s in this category are not eligible for delivery under the MPF Program North Carolina North Carolina Ohio Oklahoma Rhode Island South Carolina Tennessee West Virginia Restrictions and Limitations on High Cost Home s, N.C. Gen. Stat E et Effective July 1, 2000 and as amended from time to time Restrictions and Limitations on High Cost Home s, N.C. Gen. Stat E et Effective January 1, 2008 and as amended H.B. 386 (codified in various sections of the Ohio Code), Ohio Rev. Code Ann et Effective May 24, 2002 Consumer Credit Code (codified in various sections of Title 14A) Effective July 1, 2000; amended effective January 1, 2004 Rhode Island Home Protection Act, R.I. Gen. Laws et. Effective December 31, 2006 South Carolina High Cost and Consumer Home s Act, S.C. Code Ann et Effective for loans taken on or after January 1, 2004 Tennessee Home Protection Act, Tenn. Code Ann et. sec. Effective January 1, 2007 West Virginia Residential Mortgage Lender, Broker and Servicer Act, W. Va. Code Ann et Effective June 5, 2002 Rate Spread Home Covered Subsection 10 Mortgage West Virginia Mortgage Act Exhibit A Page 4
5 Standard & Poor s Covered Categorization (MPF Predatory Lending Code CV ) Georgia (Oct 1, 2002 Mar 6, 2003)* New Jersey (Nov 27, 2003 July 5, 2004) * 7-6A-1 et Effective October 1, 2002 March 6, 2003 New Jersey Home Ownership Security Act of 2002, N.J. Rev. Stat. 46:10B-22 et Effective November 27, 2003 July 5, 2004 Covered * ( unratable as defined in Covered Home * Standard & Poor s Home Categorization (MPF Predatory Lending Code HL ) Georgia (Oct 1, 2002 Mar 6, 2003)* 7-6A-1 et Effective October 1, 2002 March 6, 2003 Maine Truth in Lending, Me. Rev. Stat. tit. 9-A, et Effective January 1, 2008 and as amended New Jersey New Mexico North Carolina New Jersey Home Ownership Security Act of 2002, N.J. Rev. Stat. 46:10B-22 et Effective for loans closed on or after November 27, 2003 Home Protection Act, N.M. Rev. Stat A-1 et Effective as of January 1, 2004; Revised as of February 26, 2004 Restrictions and Limitations on High Cost Home s, N.C. Gen. Stat E et Effective July 1, 2000; amended October 1, 2003 (adding open-end lines of credit) Home * ( unratable as defined in Residential Mortgage ; Subprime Mortgage * Home Home Consumer Home Exhibit A Page 5
6 South Carolina South Carolina High Cost and Consumer Home s Act, S.C. Code Ann et Effective for loans taken on or after January 1, 2004 Consumer Home * s in this category are not eligible for delivery under the MPF Program. Exhibit A Page 6
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