What are the requirements under the CFPB’s new ARM rate change notice? We have a loan with the first payment under the initial rate adjustment due on December 1. What model form should we use, and when should we mail it?

The first adjustable rate mortgage (ARM) rate change notice must “be provided to consumers at least 210, but no more than 240, days before the first payment at the adjusted level is due.” 12 CFR 1026.20(d). The staff commentary clarifies that this rule requires a lender or servicer to “deliver the notice or place it in the mail between 210 and 240 days prior to the due date, excluding any grace or courtesy periods, of the first payment calculated using the adjusted interest rate.” Official Interpretations, 12 CFR 1026, Paragraph 20(d), Comment 3. By our count, if the first payment under the initial rate adjustment is due on December 1, the rate change notice must be delivered or placed in the mail between April 5 and May 5.

As to the form of the initial ARM rate change notice, the rules require you to use a format “substantially similar” to forms H-4(D)(4). We have attached a .pdf version of the form, and a .gif file of the form is available from www.federalregister.gov: https://s3.amazonaws.com/images.federalregister.gov/ER14FE13.006/original.gif.