1(1) 2If a commitment is issued, the mortgage lender shall disclose in writing:
14(a) 15The expiration date of the commitment;
21(b) 22The mortgage amount, meaning the face amount of credit provided to the borrower or in the borrower’s behalf;
40(c) 41If the interest rate or other terms are subject to change before expiration of the commitment:
571. 58The 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
1202. 121The 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 148days before closing.”; and
152(d) 153The time, if any, within which the commitment must be accepted by the borrower.
167(2) 168The 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.
238(3) 239A commitment fee is refundable if:
245(a) 246The commitment is contingent upon approval by parties to whom the mortgage lender seeks to sell the loan.
264(b) 265The loan purchaser’s requirements are not met due to circumstances beyond the borrower’s control.
279(c) 280The borrower is willing but unable to comply with the loan purchaser’s requirements.
