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The Text of the Dodd-Frank Act
International Association of Risk and Compliance Professionals (IARCP)
 
Dodd Frank Act Section 1098
SEC. 1098. AMENDMENTS TO THE REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974.

The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended—

(1) in section 3 (12 U.S.C. 2602)—

(A) in paragraph (7), by striking ‘‘and’’ at the end;

(B) in paragraph (8), by striking the period at the end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(9) the term ‘Bureau’ means the Bureau of Consumer Financial Protection.’’;

(2) in section 4 (12 U.S.C. 2603)—

(A) in subsection (a), by striking the first sentence and inserting the following: ‘‘The Bureau shall publish a single, integrated disclosure for mortgage loan transactions (including real estate settlement cost statements) which includes the disclosure requirements of this section and section 5, in conjunction with the disclosure requirements of the Truth in Lending Act that, taken together, may apply to a transaction that is subject to both or either provisions of law.

The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this title and the Truth in Lending Act, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures.’’;

(B) by striking ‘‘Secretary’’ each place that term appears and inserting ‘‘Bureau’’; and

(C) by striking ‘‘form’’ each place that term appears and inserting ‘‘forms’’;

(3) in section 5 (12 U.S.C. 2604)—

(A) by striking ‘‘Secretary’’ each place that term appears and inserting ‘‘Bureau’’; and

(B) in subsection (a), by striking the first sentence and inserting the following: ‘‘The Bureau shall prepare and distribute booklets jointly addressing compliance with the requirements of the Truth in Lending Act and the provisions of this title, in order to help persons borrowing money to finance the purchase of residential real estate better to understand the nature and costs of real estate settlement services.’’;

(4) in section 6(j)(3) (12 U.S.C. 2605(j)(3))—

(A) by striking ‘‘Secretary’’ and inserting ‘‘Bureau’’; and

(B) by striking ‘‘, by regulations that shall take effect not later than April 20, 1991,’’;

(5) in section 7(b) (12 U.S.C. 2606(b)) by striking ‘‘Secretary’’ and inserting ‘‘Bureau’’;

(6) in section 8(c)(5) (12 U.S.C. 2607(c)(5)), by striking ‘‘Secretary’’ and inserting ‘‘Bureau’’;

(7) in section 8(d) (12 U.S.C. 2607(d))—

(A) in the subsection heading, by inserting ‘‘BUREAU AND’’ before ‘‘SECRETARY’’; and

(B) by striking paragraph (4), and inserting the following:

‘‘(4) The Bureau, the Secretary, or the attorney general or the insurance commissioner of any State may bring an action to enjoin violations of this section. Except, to the extent that a person is subject to the jurisdiction of the Bureau, the Secretary, or the attorney general or the insurance commissioner of any State, the Bureau shall have primary authority to enforce or administer this section, subject to subtitle B of the Consumer Financial Protection Act of 2010.’’;

(8) in section 10(c) (12 U.S.C. 2609(c) and (d)), by striking ‘‘Secretary’’ and inserting ‘‘Bureau’’;

(9) in section 16 (12 U.S.C. 2614), by inserting ‘‘the Bureau,’’ before ‘‘the Secretary’’;

(10) in section 18 (12 U.S.C. 2616), by striking ‘‘Secretary’’ each place that term appears and inserting ‘‘Bureau’’; and

(11) in section 19 (12 U.S.C. 2617)—

(A) in the section heading by striking ‘‘SECRETARY’’ and inserting ‘‘BUREAU’’;

(B) in subsection (a), by striking ‘‘Secretary’’ each place that term appears and inserting ‘‘Bureau’’; and

(C) in subsections (b) and (c), by striking ‘‘the Secretary’’ each place that term appears and inserting ‘‘the Bureau’’.
 


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