DBO’s Per Diem Interest Compliance Guidance for Mortgage Lenders

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Since the federal adoption of the Truth in Lending Act – Real Estate Settlement Procedures Act Integrated Disclosure rule (TILA-RESPA Integrated Disclosure rule), the Commissioner of DBO has received requests from licensed mortgage lenders for additional guidance regarding compliance with California’s per diem interest statute (Civil Code section 2948.5).

To assist licensees with compliance for purposes of regulatory examinations administered by the DBO, the Commissioner on May 4 issued revised Release No. 58-FS, entitled “Evidence of Compliance with Financial Code Section 50204, Subdivision (o): Per Diem Interest.”

The revised release is intended to assist licensees in identifying what other documents, records, information, data, or other forms of verification contained in loan files could serve as evidence of a licensee’s compliance with the per diem statute during a routine regulatory examination by the DBO.

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