CFPB Seeking Comment On Adjusting Mortgage Disclosures For New Construction – NMP Skip to main content

CFPB Seeking Comment On Adjusting Mortgage Disclosures For New Construction

Feb 28, 2023
CFPB Headquarters

ICBA seeking changes to help facilitate loans for building and permanent ownership of starter homes.

The Consumer Financial Protection Bureau (CFPB) said Tuesday it is in the final stage of reviewing a proposal to adjust existing mortgage disclosures to facilitate loans that finance both a construction phase and the permanent purchase of a new home.

The review is part of an initiative the CFPB announced last year that allows members of the public to submit petitions for rulemaking directly to the agency. The petitions are posted on public dockets for review and comment.

The proposal to adjust mortgage disclosures for the construction phase and permanent purchase of a home was submitted by the Independent Community Bankers of America (ICBA), which said it is not uncommon in rural communities for first-time homebuyers to build their first home, since there are a limited number of existing affordable “starter” homes available.

According to the CFPB, the ICBA application seeks to adjust existing mortgage disclosures to facilitate the offering of these products, believing that consumer understanding of construction loans would be improved by disclosures that are specifically tailored to such loans. 

In its application for the changes, the ICBA states that it is seeking a Trial Disclosure Program waiver template that would “provide a foundation for individual lenders to test improvements to the [TILA-RESPA Information Disclosures] used for consumer construction and construction-to-permanent loans.”

The application continues, “The current disclosure regime was designed primarily for standard home purchase or refinance mortgage transactions and in their current form do not adequately disclose all of the various components of a construction or construction-to-permanent loan. We are proposing to modify/expand the current Loan Estimate and Closing Disclosure to include improved construction phase detail, construction cost breakdown, and improved disclosure regarding the consumer's permanent loan financing.”

The ICBA also states that the improvements “will enhance a consumer's understanding of the construction process and costs, by providing clarity around all fees and charges, allowing the consumer to better compare options such as a one-time close or two-close construction to permanent loan. The consumer will be able to fully understand the total cost to build and finance their home.”

If the template application is approved, individual lenders could then apply to enroll in an in-market testing pilot, the CFPB said.

In addition to making the application available to the public, the CFPB is also seeking input from consumers, lenders, and other stakeholders who have experience with construction loans.   

Anyone may submit relevant information or comments on Docket No. CFPB-2023-0016 by any of the following methods:

  • The Federal eRulemaking Portal,
  • By email to [email protected], or
  • By mail/hand delivery/courier: Address to Comment Intake-ICBA Trial Disclosure Application, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, D.C. 20552.

Submissions will be accepted until March 29, 2023.

About the author
David Krechevsky was an editor at NMP.
Published
Feb 28, 2023
Jobs Report Comes In Weak After Mortgage Rates Surge

Employers added just 29,000 jobs in September, sending Treasury yields lower and offering a potential counterweight to the recent rise in mortgage rates

Oct 02, 2026
Price Cuts Hit Four-Year High As Mortgage Rates Top 7%

More than one in five listings took a price cut in September, but pending sales still posted their sharpest annual decline since March 2025

Oct 01, 2026
Serious Mortgage Delinquencies Rise 19% After Five Months Of Improvement

ICE data shows 574,000 mortgages were at least 90 days past due in August, while early-stage delinquencies remained below year-ago levels

Sep 29, 2026
Smaller Down Payments Give Buyers More Room, But Rates Limit The Savings

The typical down payment fell 9% from a year ago, while shifting market conditions are giving originators different affordability conversations across the country

Sep 25, 2026
Mortgage Rates Break 7% Just As Builders Find A Way To Move Buyers

New-home sales rose 6.4% in August as builders cut prices, offered incentives, and sold more lower-priced homes. Now mortgage rates are moving against buyers again

Sep 25, 2026
Borrowers Want Digital Closings, But Some Originators Remain Hesitant

ServiceLink finds 45% of surveyed LOs cite borrower reluctance as a barrier, even though most recent buyers say digital options would influence their choice of mortgage provider

Sep 23, 2026