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The Florida Senate

2011 Florida Statutes

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 494 LOAN ORIGINATORS AND MORTGAGE BROKERS Entire Chapter
SECTION 007
Commitment process.
F.S. 494.007
494.007 Commitment process.—
(1) If a commitment is issued, the mortgage lender shall disclose in writing:
(a) The expiration date of the commitment;
(b) The mortgage amount, meaning the face amount of credit provided to the borrower or in the borrower’s behalf;
(c) If the interest rate or other terms are subject to change before expiration of the commitment:
1. The basis, index, or method, if any, which will be used to determine the rate at closing. Such basis, index, or method shall be established and disclosed with direct reference to the movement of an interest rate index or of a national or regional index that is available to and verifiable by the borrower and beyond the control of the lender; or
2. The following statement, in at least 10-point bold type: “The interest rate will be the rate established by the lender in its discretion as its prevailing rate . . . days before closing.”;
(d) The amount of the commitment fee, if any, and whether and under what circumstances the commitment fee is refundable; and
(e) The time, if any, within which the commitment must be accepted by the borrower.
(2) The provisions of a commitment cannot be changed prior to expiration of the specified period within which the borrower must accept it. If any information necessary for an accurate disclosure required by subsection (1) is unknown to the mortgage lender at the time disclosure is required, the lender shall make the disclosure based upon the best information reasonably available to it and shall state that the disclosure is an estimate.
(3) A commitment fee is refundable if:
(a) The commitment is contingent upon approval by parties to whom the mortgage lender seeks to sell the loan.
(b) The loan purchaser’s requirements are not met due to circumstances beyond the borrower’s control.
(c) The borrower is willing but unable to comply with the loan purchaser’s requirements.
History.—ss. 41, 50, ch. 91-245; s. 4, ch. 91-429; s. 54, ch. 2009-241.