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Calculation of Points and Fees Trigger

The High Risk Home Loan Act (815 ILCS 137/10) requires the annual calculation of the points and fees trigger for high risk home loans. The Act states in part, the following:

““…High risk home loan”… (ii) the total points and fees payable by a consumer at or before closing will exceed the greater of 5% of the total loan amount or $800. The $800 figure shall be adjusted annually on January 1 by the annual percentage change in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor.”

 

Point and Fees Triggers

 

Base year (2004 annual CPI) $800
  Year 2005 (800 X 1.027) $822
  Year 2006 (822 x 1.034) $850
Year 2007 (850 X 1.025) $871
  Year 2008 (871 X 1.041) $907
  Year 2009 (907 X 1.001) $908
Year 2010 (908 x 1.027) $933
Year 2011 (933 x 1.015) $947


The monthly CPI release dates are presented at http://www.bls.gov/cpi/#data .

In order to ensure uniformity in the points and fees trigger, the following procedure will be utilized for the points and fees calculation:

  1. Go to the site for the Bureau of Labor Statistics ( http://www.bls.gov/cpi/ );
  2. Find the table that provides the latest CPI-U , US city average for all items (use the "not seasonably adjusted" (NSA) percentage;
  3. Calculate the new "total points and fees payable by the consumer" for the current year only (Please note: the percentage must be obtained before the CPI release date for February of the current year. The monthly CPI release dates are presented at http://www.bls.gov/cpi/#data ) ; and
Maintain the amount, for your records, until the next reporting year.

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