Borrowing against your home can be risky, however, so it may be comforting to know that there are a number of regulators overseeing the lending industry to ensure that the process is transparent and aboveboard—and that you’re not overextending yourself. Learn more about home equity loan regulators and their roles, as well as the key laws and rules that keep consumers protected.
What Are Home Equity Loans and HELOCs?
Home equity lending allows homeowners to borrow from the equity, or the amount of their home they own. So if you have a home worth $400,000, for example, and your mortgage balance is $200,000, that means you have 50% equity in the home. Lenders typically allow borrowers to tap into 80% to 85% of the home’s value. Homeowners have two different ways to borrow from their home equity: a home equity loan and a home equity line of credit (HELOC). A home equity loan is a second mortgage, meaning you’ll borrow a lump sum, then make fixed payments on that loan each month. A HELOC is a line of revolving credit that you can keep using as needed for a period of time (usually 10 years). Here’s a quick breakdown of home equity loans vs. HELOCs: Gupta called the following regulatory bodies “the Big Three”:
Consumer Financial Protection Board (CFPB)
The CFPB calls itself “a U.S. government agency dedicated to making sure you are treated fairly by banks, lenders, and other financial institutions.” It was established in 2011 as a response to the mortgage industry crisis in 2007-2008 and the resulting recession. “Their mandate is to protect the customer” from any abusive, predatory, discriminatory, or shady tactics being used by lenders, Gupta said. As such, the CFPB, along with other regulators, has the ability to oversee HELOCs. As part of the CFPB’s consumer education mandate, the agency also provides online information about HELOCs, including a booklet.
Office of the Comptroller of the Currency (OCC)
The OCC is an independent bureau of the U.S. Department of the Treasury that charters, regulates, and supervises all national banks, federal savings associations, and federal branches and agencies of foreign banks. In other words, Gupta said, it regulates the industry from the banking perspective. “Is the bank going to go under? Is the bank doing anything that will create harm to the banking system?, etc.” The OCC also ensures that the banks it supervises operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
The Federal Reserve System
Similar to the OCC, the Fed has supervisory and regulatory authority over many banks, and aims to ensure the stability and soundness of the banking system. It also makes sure banks remain in compliance with laws and regulations. While each regulator may be focused on slightly different aspects of home equity lending, they’re all dedicated to ensuring that lenders are operating ethically and following the regulations that protect both consumers and the integrity of the banking system.
How Regulators Work
Gupta said each regulator has its own system and process, but they all perform routine examinations and audits to make sure banking institutions are in compliance. “All banks have large teams whose job it is to be the primary interface to government regulators,” Gupta said. So, for example, the CFPB may do a deep dive on sales practices by asking for a sample of loans to make sure every loan file has all documents completed, and that pricing was fair and not in breach of any regulation. “That’s how they hold the banks accountable. For the customer, it’s great,” Gupta said. Another way regulators stay on top of banking practices is by having quarterly meetings and gathering a lot of reporting directly from banks. “This is to get a business overview of what’s happening; there’s a lot of visibility into what’s going on,” Gupta said.
Regulations That Affect Home Equity Lending
Part of what home equity loan regulators do is make sure that banks are complying with several important laws on the books. Some of these laws are very broad, but they each have an impact on home equity lending in some way.
The Truth in Lending Act
Also known as Regulation Z, The Truth in Lending Act (TILA) ensures that there is pricing transparency so borrowers know what they are getting into when they take out a home equity loan or HELOC. Details such as the annual percentage rate (APR), the interest rate, the payment terms, and other elements of financing must be clearly disclosed, and there are specific rules for when and how to do that. This helps borrowers make apples-to-apples comparisons when they are shopping for lenders.
The Equal Credit Opportunity Act
The Equal Credit Opportunity Act, implemented by Regulation B, was created to ensure that all borrowers encounter a level playing field when accessing credit. In other words, it prohibits lenders from discriminating against applicants because of their race, gender, religion, marital status, national origin, age, etc. If someone applying for a home equity loan or HELOC feels they were unfairly discriminated against, they can file a complaint with the Department of Housing and Urban Development (HUD) or file a lawsuit.
The Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) was designed to protect who has access to your credit history—and to give consumers a regular look at their own credit reports. That way, you know where you stand, and lenders must get your permission to run your credit report. In addition, lenders are obligated to report your account activity to the credit bureaus to ensure that your credit history remains accurate and up-to-date, Gupta said. On the consumer side, the FCRA also grants the right to dispute items in your credit report, and requires lenders to provide an explanation if your credit application is denied.
The Fair Housing Act
Similar to the Equal Credit Opportunity Act, the Fair Housing Act (FHA) is a broad regulation that prohibits housing and lending discrimination. The FHA makes it illegal to deny access to a home equity loan, charge a higher fee or interest rate, steer a borrower to less-favorable programs, or provide a different customer experience because of race, color, religion, sex, familial status, national origin, or disability.
Know Your Rights as a Borrower and Homeowner
“There is still a lot of ‘PTSD’ (post-traumatic stress disorder) from the Great Recession, and housing customers are still nervous about borrowing from their house because of what people went through 15 years ago,” Gupta said. However, borrowers are more protected today due to the regulations that have since been enacted, Gupta added. “There’s a lot more safety and soundness in the system to give customers comfort. There are laws to protect customers against getting in over their head,” he said. “Working with a bank that is regulated means they have been battle-tested and gone through tons of scrutiny to prove they are aboveboard,” Gupta explained. If you have a bad lending experience or feel you weren’t treated fairly, Gupta recommended filing a complaint with the CFPB. “All complaints are taken very seriously,” he said. Another avenue for recourse could be contacting the bank itself, contacting your state attorney general, or reporting your complaint to the FTC. Want to read more content like this? Sign up for The Balance’s newsletter for daily insights, analysis, and financial tips, all delivered straight to your inbox every morning!
