Yes, Regulation X’s requirement to deliver a list of homeownership counseling organizations to loan applicants applies to HELOCs.
For HELOCs that are federally related mortgage loans subject to both Regulation X and Regulation Z, you may comply with the Regulation X requirement to deliver the list no later than three business days after you receive the HELOC application (or information sufficient to complete the application), or you may provide the list at the same time the HELOC application is provided to the consumer — as allowed under Regulation Z.
For resources related to our guidance, please see:
- Regulation X, 12 CFR 1024.20(a)(1) (“Except as otherwise provided in this section, not later than three business days after a lender, mortgage broker, or dealer receives an application, or information sufficient to complete an application, the lender must provide the loan applicant with a clear and conspicuous written list of homeownership counseling organizations that provide relevant counseling services in the loan applicant's location. The list of homeownership counseling organizations distributed to each loan applicant under this section shall be obtained no earlier than 30 days prior to the time when the list is provided to the loan applicant from either: (i) The Web site maintained by the Bureau for lenders to use in complying with the requirements of this section; or (ii) Data made available by the Bureau or HUD for lenders to use in complying with the requirements of this section, provided that the data is used in accordance with instructions provided with the data.’)
- Regulation X, 12 CFR 1024.20(b) (“For a federally related mortgage loan that is a home-equity line of credit subject to Regulation Z, 12 CFR 1026.40, a lender or mortgage broker that provides the loan applicant with the list of homeownership organizations required under this section may comply with the timing and delivery requirements set out in either paragraph (a) of this section or 12 CFR 1026.40(b).”)
- Regulation Z, 12 CFR 1026.40(b) (“The disclosures and brochure required by paragraphs (d) and (e) of this section shall be provided at the time an application is provided to the consumer. The disclosures and the brochure may be delivered or placed in the mail not later than three business days following receipt of a consumer's application in the case of applications contained in magazines or other publications, or when the application is received by telephone or through an intermediary agent or broker.”)
- Regulation X, 12 CFR 1024.2(b) (“Federally related mortgage loan means: (1) Any loan (other than temporary financing, such as a construction loan):
(i) That is secured by a first or subordinate lien on residential real property, including a refinancing of any secured loan on residential real property, upon which there is either: (A) Located or, following settlement, will be constructed using proceeds of the loan, a structure or structures designed principally for occupancy of from one to four families (including individual units of condominiums and cooperatives and including any related interests, such as a share in the cooperative or right to occupancy of the unit); or (B) Located or, following settlement, will be placed using proceeds of the loan, a manufactured home; and
(ii) For which one of the following paragraphs applies. The loan: (A) Is made in whole or in part by any lender that is either regulated by or whose deposits or accounts are insured by any agency of the Federal Government . . .”)
- Regulation Z, 12 CFR 1026.40 (“Requirements for home equity plans. The requirements of this section apply to open-end credit plans secured by the consumer's dwelling.”)