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Atlantic Stewardship Bank
Prime Home Equity Disclosure
This disclosure contains important information about our HELOC (the "Plan"). You should read it carefully and print a copy for your records.
- Availability Of Terms
- All of the terms of the Plan described herein are subject to change. If any of these terms change (other than the ANNUAL PERCENTAGE RATE) and you decide, as a result, not to enter into an agreement with us, you are entitled to a refund of any fees that you paid to us or anyone else in connection with your application.
- Security Interest
- We will take a security interest in your home. You could lose your home if you do not meet the obligations in your agreement with us.
- Possible Actions
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Under this Plan, we have the following rights:
- Termination And Acceleration
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We can terminate the Plan and require you to pay us the entire outstanding balance in one payment, and charge certain fees, if any of the following happen:
- You commit fraud or make a material misrepresentation at any time in connection with the Plan. This can include, for example, a false statement about your income, assets, liabilities, or any other aspect of your financial condition.
- You do not meet the repayment terms of the Plan.
- Your action or inaction adversely affects the collateral for the Plan or our rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien or the use of funds or the dwelling for prohibited purposes.
- Suspension Or Reduction
- In addition to any other rights we may have, we can suspend additional extensions of credit or reduce your credit limit during any period in which any of the following are in effect:
- The value of your dwelling declines significantly below the dwelling's appraised value for purposes of the Plan. This includes, for example, a decline such that the initial difference between the credit limit and the available equity is reduced by fifty percent and may include a smaller decline depending on the individual circumstances.
- We reasonably believe that you will be unable to fulfill your payment obligations under the Plan due to a material change in your financial circumstances.
- You are in default under any material obligation of the Plan. We consider all of your obligations to be material. Categories of material obligations include, but are not limited to, the events described above under Termination and Acceleration, obligations to pay fees and charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the dwelling or proceeds, obligations to pay and perform the terms of any other deed of trust, mortgage or lease of the dwelling, obligations to notify us and to provide documents or information to us (such as updated financial information), obligations to comply with applicable laws (such as zoning restrictions).
- We are precluded by government action from imposing the annual percentage rate provided for under the Plan.
- The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is less than 120 percent of the credit limit.
- We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice.
- The maximum annual percentage rate under the Plan is reached.
- Change In Terms
- We may make changes to the terms of the Plan if you agree to the change in writing at that time, if the change will unequivocally benefit you throughout the remainder of the Plan, or if the change is insignificant (such as changes relating to our data processing systems).
- Fees And Charges
- In order to open and maintain an account, you must pay certain fees and charges.
- Late Charge
- Your payment will be late if it is not received by us within 15 days after the "Payment Due Date" shown on your periodic statement. If your payment is late we may charge you 5.00% of the unpaid amount of the payment or $5.00, whichever is less.
- Third Party Fees
- You must pay certain fees to third parties such as appraisers, credit reporting firms, and government agencies. These third party fees generally total between $23.00 and $1,000.00. We estimate the breakdown of these as follows:
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Description Amount When Charged Mortgage Recording Fee $93.00 Upon each occurrence Mortgage Cancellation Fee $23.00 Upon each occurrence
- Property Insurance
- You must carry insurance on the property that secures the Plan.
- Minimum Payment Requirements
- You can obtain advances of credit during the following period: Five (5) Years (the "Draw Period"). After the Draw Period ends, the repayment period will begin. You will no longer be able to obtain credit advances. The length of the repayment period is as follows: Fifteen (15) Years. Your Regular Payment will be based on a percentage of your outstanding balance plus all accrued FINANCE CHARGES as shown below or $50.00, whichever is greater ("First Payment Stream"). Your payments will be due monthly.
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Range of Balances Number of Payments Regular Payment Calculation All Balances 60 0.556% of your outstanding balance plus all accrued FINANCE CHARGES - Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of your Regular Payment.
- After completion of the First Payment Stream, your Regular Payment will be based on a percentage of your balance at the start of this payment period plus all accrued FINANCE CHARGES as shown below or $50.00, whichever is greater ("Second Payment Stream"). Your payments will be due monthly.
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Range of Balances Number of Payments Regular Payment Calculation All Balances 180 0.556% of your balance at the start of the repayment period plus all accrued FINANCE CHARGES - Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of your Regular Payment.
- Minimum Payment Example
- If you made only the minimum payment and took no other credit advances, it would take 19 years and 4 months to pay off a credit advance of $10,000.00 at an ANNUAL PERCENTAGE RATE of 4.000%. During that period, you would make 60 monthly payments ranging from $64.03 to $89.57. Then you would make 172 monthly payments ranging from $8.46 to $64.24.
- Transaction Requirements
- The following transaction limitations will apply to the use of your Credit Line:
- Credit Line Special Check and Online Banking Limitations
- The following transaction limitations will apply to your Credit Line and the writing of Special Checks and accessing by other methods.
- Minimum Advance Amount
- The minimum amount of any credit advance that can be made on your Credit Line is $500.00. This means any Special Check must be written for at least the minimum advance amount.
- Tax Deductibility
- You should consult a tax advisor regarding the deductibility of interest and charges for the Plan.
- Additional Home Equity Programs
- Please ask us about our other available Home Equity Line of Credit plans.
- Variable Rate Feature
- The Plan has a variable rate feature. The ANNUAL PERCENTAGE RATE (corresponding to the periodic rate), and the minimum payment amount can change as a result. The ANNUAL PERCENTAGE RATE does not include costs other than interest.
- The Index
- The annual percentage rate is based on the value of an index (referred to in this disclosure as the "Index"). The Index is the Prime Rate as published in the Wall Street Journal. When a range of rates has been published, the higher of the rates will be used. Information about the Index is available or published at least weekly in the Wall Street Journal's Money Rates table. We will use the most recent index value available to us as of the date of any annual percentage rate adjustment. If the Index is no longer available, we will choose a new Index and margin. The new Index will have an historical movement substantially similar to the original Index, and the new Index and margin will result in an annual percentage rate that is substantially similar to the rate in effect at the time the original Index becomes unavailable.
- Annual Percentage Rate
- To determine the Periodic Rate that will apply to your account, we take the value of the Index, subtract any preferred rate reductions in effect as specified below, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE for your First payment Stream. To determine the periodic Rate that will apply to your account, we take the value of the Index, subtract any preferred rate reductions in effect as specified below, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE for your Second Payment Stream. A change in the Index rate generally will result in a change in the ANNUAL PERCENTAGE RATE. The amount that your ANNUAL PERCENTAGE RATE may change also may be affected by the lifetime annual percentage rate limits, as discussed below.
- Please ask us for the current Index value, margin and annual percentage rate. After you open a credit line, rate information will be provided on periodic statements that we send you.
- Preferred Rate Reduction
- The ANNUAL PERCENTAGE RATE under the Plan includes a preferred rate reduction. If the preferred rate reduction is terminated, the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE may increase. The preferred rate reduction is subject to the following provisions:
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- Reduction Percentage: 0.250%
- Description of Event That Would Cause the Preferred Rate Reduction to Terminate.
- Stop of automatic payment debit at any time during the loan term or if payment method is other than automatic debit from a demand deposit account at Atlantic Stewardship Bank.
- How the New Rate Will Be Determined Upon Termination of the Preferred Reduction.
- Should the event described above occur, the ANNUAL PERCENTAGE RATE will increase by 0.25% (one-quarter of one percent). This increase will occur the first of the month following the event described above and will happen with an increase in the margin by 0.25% (one-quarter of one percent).
- Frequency Of Annual Percentage Rate Adjustments
- Your ANNUAL PERCENTAGE RATE can change monthly. There is no limit on the amount by which the annual percentage rate can change during any one year period. However, under no circumstances will your ANNUAL PERCENTAGE RATE exceed 16.000% per annum or, go below 4.000% per annum at any time during the term of the Plan.
- Maximum Rate And Payment Example
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- Draw Period
- If you had an outstanding balance of $10,000.00, the minimum payment at the maximum ANNUAL PERCENTAGE RATE of 16.000% would be $191.49. This ANNUAL PERCENTAGE RATE could be reached at the time of the 1st payment.
- Repayment Period
- If you had an outstanding balance of $10,000.00, the minimum payment at the maximum ANNUAL PERCENTAGE RATE of 16.000% would be $192.25. This ANNUAL PERCENTAGE RATE could be reached at the time of the 1st payment during the repayment period.
- Prepayment
- A termination fee of $400.00 will be charged if loan is terminated within eighteen (18) months of loan date.
- Historical Example
- The example below shows how the ANNUAL PERCENTAGE RATE and the minimum payments for a single $10,000.00 credit advance would have changed based on changes in the Index from 1998 to 2012. The index values are from the following reference period: as of the last business day in January. While only one payment per year is shown, payments may have varied during each year. Different outstanding principal balances could result in different payment amounts.
- The table assumes that no additional credit advances were taken, that only the minimum payment was made, and that the rate remained constant during the year. It does not necessarily indicate how the index or your payments would change in the future.
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INDEX TABLE Year (1) Index % Margin % (2) ANNUAL PERCENTAGE RATE Monthly Payment 1998 8.500 0.000 8.500 127.79 1999 7.750 0.000 7.750 113.56 2000 8.500 0.000 8.500 111.79 2001 9.000 0.000 9.500 108.03 2002 4.750 0.000 4.750 73.42 2003 4.250 0.000 4.250 65.77 2004 4.000 0.000 4.000 62.62 2005 5.250 0.000 5.250 67.61 2006 7.500 0.000 7.500 76.47 2007 8.250 0.000 8.250 76.77 2008 6.000 0.000 6.000 64.23 2009 3.250 0.000 4.000(8) 54.46 2010 3.250 0.000 4.000(8) 52.84 2011 3.250 0.000 4.000(8) 51.21 2012 3.250 0.000 4.000(8) 50.00 (1) Year as of the last business day in January.
(2) This is a margin we have used recently; your margin may be different.
(8) This A.P.R. reflects a 4.000 percent floor. - Additional Provision
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You must pay certain fees to third parties such as appraisers, credit reporting firms and government agencies. These third party fees generally total between $23.00 and $1,000.00. Upon request, we will provide you with an itemization of the fees you will have to pay to third parties. Title insurance will be required for loans of $250,000.00 or more. All fees are waived other than the $93.00 Recording Fee and, if applicable, the $23.00 Mortgage Cancellation Fee or any Fees for Title Insurance.
- Automatic Debit Home Equity Line of Credit
- If payment method is other than automatic debit from a demand deposit account at Altantic Stewardship Bank, your ANNUAL PERCENTAGE RATE will increase by one quarter of one percent (0.25%). This will occur via an increase in your Margin of 0.25% and an increase of you Floor Rate of 0.25%
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What You Should Know about Home Equity Lines of Credit
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- If you are in the market for credit, a home equity plan is one of several options that might be right for you. Before making a decision, however, you should weigh carefully the costs of a home equity line against the benefits. Shop for the credit terms that best meet your borrowing needs without posing undue financial risks. And remember, failure to repay the amounts you’ve borrowed, plus interest, could mean the loss of your home.
- What is a home equity line of credit?
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A home equity line of credit is a form of revolving credit in which your home serves as collateral. Because a home often is a consumer’s most valuable asset, many homeowners use home equity credit lines only for major items, such as education, home improvements, or medical bills, and choose not to use them for day-to-day expenses.
With a home equity line, you will be approved for a specific amount of credit. Many lenders set the credit limit on a home equity line by taking a percentage (say, 75%) of the home’s appraised value and subtracting from that the balance owed on the existing mortgage. -
For example:
Appraised value of home $100,000 Percentage x 75% Percentage of appraised value = $75,000 Less balance owed on mortgage - $40,000 Potential line of credit $35,000 -
- In determining your actual credit limit, the lender will also consider your ability to repay the loan (principal and interest) by looking at your income, debts, and other financial obligations as well as your credit history.
- Many home equity plans set a fixed period during which you can borrow money, such as 10 years. At the end of this “draw period,” you may be allowed to renew the credit line. If your plan does not allow renewals, you will not be able to borrow additional money once the period has ended. Some plans may call for payment in full of any outstanding balance at the end of the period. Others may allow repayment over a fixed period (the
“repayment period”), for example, 10 years.- Once approved for a home equity line of credit, you will most likely be able to borrow up to your credit limit whenever you want. Typically, you will use special checks to draw on your line. Under some plans, borrowers can use a credit card or other means to draw on the line.
- There may be other limitations on how you use the line. Some plans may require you to borrow a minimum amount each time you draw on the line (for example, $300) or keep a minimum amount outstanding. Some plans may also require that you take an initial advance when the line is set up.
- What should you look for when shopping for a plan?
- If you decide to apply for a home equity line of credit, look for the plan that best meets your particular needs. Read the credit agreement carefully, and examine the terms and conditions of various plans, including the annual percentage rate (APR) and the costs of establishing the plan. Remember, though, that the APR for a home equity line is based on the interest rate alone and will not reflect closing costs and other fees and charges, so you’ll need to compare these costs, as well as the APRs, among lenders.
- Variable interest rates
- Home equity lines of credit typically involve variable rather than fixed interest rates. The variable rate must be based on a publicly available index (such as the prime rate published in some major daily newspapers or a U.S. Treasury bill rate). In such cases, the interest rate you pay for the line of credit will change, mirroring changes in the value of the index. Most lenders cite the interest rate you will pay as the value of the index at a particular time, plus a “margin,” such as 2 percentage points. Because the cost of borrowing is tied directly to the value of the index, it is important to find out which index is used, how often the value of the index changes, and how high it has risen in the past. It is also important to note the amount of the margin.
- Lenders sometimes offer a temporarily discounted interest rate for home equity lines—an “introductory” rate that is unusually low for a short period, such as 6 months. Variable-rate plans secured by a dwelling must, by law, have a ceiling (or cap) on how much your interest rate may increase over the life of the plan. Some variable-rate plans limit how much your payment may increase and how low your interest rate may fall if the index drops.
- Some lenders allow you to convert from a variable interest rate to a fixed rate during the life of the plan, or let you convert all or a portion of your line to a fixed-term installment loan.
- Costs of establishing and maintaining a home equity line
- Many of the costs of setting up a home equity line of credit are similar to those you pay when you get a mortgage. For example:
Glossary
Where to go for help
| Regulatory Agency | Regulated Entity(ies) | Telephone/Website |
|---|---|---|
| Federal Reserve Consumer Help PO Box 1200 Minneapolis, MN 55480 |
Federally insured state- chartered bank members of the Federal Reserve System |
www.FederalReserveConsumerHelp.gov |
| Consumer Financial Protection Bureau (CFPB) P.O. Box 4503 Iowa City, IA 52244 |
Insured depository institutions and credit unions (and their affiliates) with assets greater than $10 billion, and nondepository institutions such as mortgage originators, mortgage brokers and servicers, larger participants of other financial services products, private education loan providers, and payday lenders | (855) 411-2372 www.consumerfinance.gov |
| Office of the Comptroller of the Currency (OCC) Customer Assistance Unit 1301 McKinney Street, Suite 3450 Houston, TX 77010 |
National banks and federally chartered savings banks/associations |
800-613-6743 |
| Federal Deposit Insurance Corporation (FDIC) Consumer Response Center 1100 Walnut St., Box #11 Kansas City, MO 64106 |
Federally insured state chartered banks that are not members of the Federal Reserve System |
(877)ASK-FDIC or (877) 275-3342 |
| Federal Housing Finance Agency (FHFA) Consumer Communications Constitution Center 400 7th Street, S.W. Washington, DC 20024 |
Fannie Mae, Freddie Mac, and the Federal Home Loan Banks |
(202) 649-3811 |
| National Credit Union Administration (NCUA) Consumer Assistance 1775 Duke Street Alexandria, VA 22314 |
Federally chartered credit unions | 800-755-1030 www.ncua.gov www.mycreditunion.gov |
| Federal Trade Commission (FTC) Consumer Response Center 600 Pennsylvania Avenue, N.W. Washington, DC 20580 |
Finance companies, retail stores, auto dealers, mortgage companies and other lenders, and credit bureaus |
(877) FTC-HELP or (877) 382-4357 www.ftc.gov www.ftc.gov/bcp |
| Securities and Exchange Commission (SEC) Complaint Center 100 F Street, N.E. Washington, DC 20549-0213 |
Brokerage firms, mutual fund companies, and investment advisers |
(202) 551-6551 www.sec.gov www.sec.gov/complaint/question.shtml |
| Farm Credit Administration Office of Congressional and Public Affairs 1501 Farm Credit Drive McLean, VA 22102-5090 |
Agricultural lenders | (703) 883-4056 www.fca.gov |
| Small Business Administration (SBA) Consumer Affairs 409 3rd Street, S.W. Washington, DC 20416 |
Small business lenders | (800) U-ASK-SBA or (800) 827-5722 www.sba.gov |
| Commodity Futures Trading Commission (CFTC) 1155 21st Street, N.W. Washington, DC 20581 |
Commodity brokers, commodity trading advisers, commodity pools, and introducing brokers | (866) 366-2382 www.cftc.gov/ConsumerProtection |
| U.S. Department of Justice (DOJ) Criminal Division 950 Pennsylvania Avenue, N.W. Washington, DC 20530 |
Fair lending and fair housing issues | (202) 514-3301 www.justice.gov/criminal |
| Department of Housing and Urban Development (HUD)
Office of Fair Housing/ Equal Opportunity 451 7th Street, S.W. Washington, DC 20410 |
Fair lending and fair housing issues | (800) 669-9777 www.hud.gov/complaints |
More resources and ordering information
For more resources on mortgages and other financial topics, visit:www.federalreserve.gov/consumerinfo