What are the retention requirements for deposit and loan rate sheets?

We recommend retaining deposit and loan rate sheets for at least two years, subject to the exception below. Both Regulation DD and Regulation Z generally require a two-year retention period for required disclosures made in connection with deposit accounts and consumer credit, respectively.

However, for a mortgage loan secured by a dwelling that includes prepayment penalties, your bank must provide a rate sheet offering the loan applicant an alternative transaction that does not include a prepayment penalty, which should be retained for at least three years.

For resources related to our guidance, please see:

  • Regulation DD, 12 CFR 1030.9(c) (“A depository institution shall retain evidence of compliance with this part for a minimum of two years after the date disclosures are required to be made or action is required to be taken . . . .”)
  • Regulation DD, Official Interpretations, Paragraph 9(c), Comment 3 (“Institutions must retain sufficient rate and balance information to permit the verification of interest paid on an account, including the payment of interest on the full principal balance.”)
  • Regulation Z, 12 CFR 1026.25(a) (“A creditor shall retain evidence of compliance with this part (other than advertising requirements under §§ 1026.16 and 1026.24, and other than the requirements under § 1026.19(e) and (f)) for two years after the date disclosures are required to be made or action is required to be taken . . . . ”)
  • Regulation Z, 12 CFR 1026.25(c)(3) (“Notwithstanding paragraph (a) of this section, a creditor shall retain evidence of compliance with § 1026.43 of this regulation for three years after consummation of a transaction covered by that section.”)
  • Regulation Z, Official Interpretations, Paragraph 25(c)(3), Comment 2 (“If a transaction covered by § 1026.43 has a prepayment penalty, the creditor must maintain records that document that the creditor complied with requirements for offering the consumer an alternative transaction that does not include a prepayment penalty under § 1026.43(g)(3), (4), or (5). However, the creditor need not maintain records that document compliance with those provisions if a transaction is consummated without a prepayment penalty or if the creditor and consumer do not consummate a covered transaction. If a creditor offers a transaction with a prepayment penalty to a consumer through a mortgage broker, to evidence compliance with § 1026.43(g)(4) the creditor should retain evidence of the alternative covered transaction presented to the mortgage broker, such as a rate sheet, and the agreement with the mortgage broker required by § 1026.43(g)(4)(ii).”)
  • Regulation Z 12 CFR 1026.43(g)(4) (“If the creditor offers a covered transaction with a prepayment penalty to the consumer through a mortgage broker, as defined in § 1026.36(a)(2), the creditor must: (i) Present the mortgage broker an alternative covered transaction without a prepayment penalty that satisfies the requirements of paragraph (g)(3) of this section; and (ii) Establish by agreement that the mortgage broker must present the consumer an alternative covered transaction without a prepayment penalty that satisfies the requirements of paragraph (g)(3) of this section, offered by: (A) The creditor; or (B) Another creditor, if the transaction offered by the other creditor has a lower interest rate or a lower total dollar amount of discount points and origination points or fees.”)
  • Regulation Z, Official Interpretations, Paragraph 43(g)(4), Comment 1 (“Under § 1026.43(g)(4), where the creditor offers covered transactions with a prepayment penalty to consumers through a mortgage broker, as defined in § 1026.36(a)(2), the creditor must present the mortgage broker an alternative covered transaction that satisfies the requirements of § 1026.43(g)(3). Creditors may comply with this requirement by providing a rate sheet to the mortgage broker that states the terms of such an alternative covered transaction without a prepayment penalty.”)