Section 30. Commitment agreements and lock-in agreements

A. A commitment agreement shall include the following:

1. Identification of the property intended to secure the mortgage loan (this does not require a formal legal description);

2. The principal amount and term of the loan;

3. The interest rate and points for the mortgage loan if the commitment agreement is also a lock-in agreement or a statement that the mortgage loan will be made at the mortgage lender's prevailing rate and points for such loans at the time of closing or a specified number of days prior to closing;

4. The amount of any commitment fee and the time within which the commitment fee must be paid;

5. Whether or not funds are to be escrowed and for what purpose;

6. Whether or not private mortgage insurance is required;

7. The length of the commitment period;

8. A statement that if the loan is not closed within the commitment period, the mortgage lender is no longer obligated by the commitment agreement and any commitment fee paid by the applicant will be refunded only under the circumstances set forth in subsection C of this section and such other circumstances as are set forth in the commitment agreement; and

9. Any other terms and conditions of the commitment agreement required by the lender.

B. If a lock-in agreement is issued by a mortgage lender or mortgage broker to a consumer, it shall be signed by a representative of the mortgage lender or mortgage broker and include the following:

1. The interest rate and points for the mortgage loan, and if the rate is an adjustable rate, the initial interest rate and a brief description of the method of determining the rate (such as the index and the margin);

2. The amount of any lock-in fee and the time within which the lock-in fee must be paid;

3. The length of the lock-in period;

4. A statement that if the loan is not closed within the lock-in period, the mortgage lender is no longer obligated by the lock-in agreement and any lock-in fee paid by the applicant will be refunded only under the circumstances set forth in subsection D of this section and such other circumstances as are set forth in the lock-in agreement;

5. A statement that any terms not locked-in by the lock-in agreement are subject to change until the loan is closed at settlement; and

6. Any other terms and conditions of the lock-in agreement required by the mortgage lender or mortgage broker acting on behalf of a mortgage lender.

C. If an applicant has paid any commitment fee, and the mortgage loan is not closed due to any of the following, such commitment fee shall be refunded:

1. The commitment period was not a reasonable period of time given the prevailing market conditions at the time the commitment agreement was entered into;

2. The mortgage loan is turned down because of the applicant's lack of creditworthiness; or

3. The mortgage loan is turned down because of the appraised value of the property intended to secure the mortgage loan.

D. If an applicant has paid any lock-in fee and the loan is not closed because the lock-in period was not a reasonable period of time given the prevailing market conditions at the time the lock-in agreement was entered into, such lock-in fee shall be refunded.

E. A mortgage broker shall not issue a lock-in agreement to a consumer unless the mortgage broker has actually locked in the mortgage loan, including the applicable interest rate, points, and other terms, with a mortgage lender. A mortgage broker shall maintain supporting written documentation from the mortgage lender of all lock-in information for at least three years from the date the lock-in expires.

Historical Notes

Derived from VR225-01-1601 § 3, eff. February 1, 1989; amended, Volume 11, Issue 19, eff. June 1, 1995; Volume 22, Issue 18, eff. September 1, 2006.

Statutory Authority

§ 6.2-1613 of the Code of Virginia.