From
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[Laws in effect as of January 27, 1998]
[Document not affected by Public Laws enacted between
January 27, 1998 and November 30, 1998]
[CITE: 12USC2603]
TITLE 12--BANKS AND BANKING
CHAPTER 27--REAL ESTATE SETTLEMENT PROCEDURES
Sec. 2603. Uniform settlement statement
(a) The Secretary, in consultation with the Administrator of
Veteran's Affairs, the Federal Deposit Insurance Corporation, and
the
Director of the Office of Thrift Supervision, shall develop and
prescribe a standard form for the statement of settlement costs
which
shall be used (with such variations as may be necessary to reflect
differences in legal and administrative requirements or practices
in
different areas of the country) as the standard real estate settlement
form in all transactions in the United States which involve federally
related mortgage loans. Such form shall conspicuously and clearly
itemize all charges imposed upon the borrower and all charges imposed
upon the seller in connection with the settlement and shall indicate
whether any title insurance premium included in such charges covers
or
insures the lender's interest in the property, the borrower's interest,
or both. The Secretary may, by regulation, permit the deletion from
the
form prescribed under this section of items which are not, under
local
laws or customs, applicable in any locality, except that such regulation
shall require that the numerical code prescribed by the Secretary
be
retained in forms to be used in all localities. Nothing in this
section
may be construed to require that that part of the standard form
which
relates to the borrower's transaction be furnished to the seller,
or to
require that that part of the standard form which relates to the
seller
be furnished to the borrower.
(b) The form prescribed under this section shall be completed and
made available for inspection by the borrower at or before settlement
by
the person conducting the settlement, except that (1) the Secretary
may exempt from the requirements of this section settlements occurring
in localities where the final settlement statement is not customarily
provided at or before the date of settlement, or settlements where
such
requirements are impractical and (2) the borrower may, in accordance
with regulations of the Secretary, waive his right to have the form
made
available at such time. Upon the request of the borrower to inspect
the
form prescribed under this section during the business day immediately
preceding the day of settlement, the person who will conduct the
settlement shall permit the borrower to inspect those items which
are
known to such person during such preceding day.
(Pub.
L. 93-533, Sec. 4, Dec. 22, 1974, 88 Stat. 1725; Pub. L. 94-205,
Sec. 3, Jan. 2, 1976, 89 Stat. 1157; Pub. L. 104-208, div. A, title
II,
Sec. 2103(g)(1), Sept. 30, 1996, 110 Stat. 3009-401.)
Amendments
1996--Subsec. (a). Pub. L. 104-208 substituted ``Director of the
Office of Thrift Supervision'' for ``Federal Home Loan Bank Board''.
1976--Subsec. (a). Pub. L. 94-205, Sec. 3(1)-(3), designated
existing provisions as subsec. (a), struck out ``minimum'' after
``with
such'' and ``unavoidable'' after ``necessary to reflect'' in
parenthetical provisions covering allowable regional variations
in the
uniform settlement statement, and substituted provisions authorizing
the
Secretary to permit deletions from the standard form for provisions
requiring that the standard form contain all the information and
data
required under the Truth in Lending Act.
Subsec. (b). Pub. L. 94-205, Sec. 3(4), added subsec. (b).
Change
of Name
Reference to Administrator of Veterans' Affairs deemed to refer
to
Secretary of Veterans Affairs pursuant to section 10 of Pub. L.
100-527,
set out as a Department of Veterans Affairs Act note under section
301
of Title 38, Veterans' Benefits.
Effective
Date of 1976 Amendment
Amendment by Pub. L. 94-205 effective Jan. 2, 1976, with the
Secretary authorized to suspend for up to 180 days from Jan. 2,
1976,
any provision of this section as amended by Pub. L. 94-205, see
section 12 of Pub. L. 94-205, set out as a note under section 2602
of this
title.
Section
Referred to in Other Sections
This
section is referred to in sections 2604, 2609, 2610 of this
title.
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