As part of the predatory lending database program, a counselor must submit all of the following information for inclusion in the predatory lending database:
- (1) The information called for in items (1), (6), (9), (11), (12), (13), (14), (15), (16), (17), and
- (18) of Section 72.
- (2) Any information from the borrower that confirms or contradicts the information called for under item (1) of this Section.
- (3) The name of the counselor and address of the HUD-approved housing counseling agency that employs the counselor.
- (4) Information pertaining to the borrower's monthly expenses that assists the counselor in determining whether the borrower can afford the loans or loans for which the borrower is applying.
- (5) A list of the disclosures furnished to the borrower, as seen and reviewed by the counselor, and a comparison of that list to all disclosures required by law.
- (6) Whether the borrower provided tax returns to the broker or originator or to the counselor, and, if so, who prepared the tax returns.
(7) A statement of the recommendations of the counselor that indicates the counselor's response to each of the following statements:
- (A) The loan should not be approved due to indicia of fraud.
- (B) The loan should be approved; no material problems noted.
- (C) The borrower cannot afford the loan.
- (D) The borrower does not understand the transaction.
- (E) The borrower does not understand the costs associated with the transaction.
- (F) The borrower's monthly income and expenses have been reviewed and disclosed.
- (G) The rate of the loan is above market rate.
- (H) The borrower should seek a competitive bid from another broker or originator.
- (I) There are discrepancies between the borrower's verbal understanding and the originator's completed form.
- (J) The borrower is precipitously close to not being able to afford the loan.
- (K) The borrower understands the true cost of debt consolidation and the need for credit card discipline.
- (L) The information that the borrower provided the originator has been amended by the originator.
(Source: P.A. 97-813, eff. 7-13-12; 98-1081, eff. 1-1-15.)