Iowa Code 535A.1 – Definitions
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Terms Used In Iowa Code 535A.1
- Amortization: Paying off a loan by regular installments.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
535A.1 Definitions.
For purposes of this chapter, unless the context otherwise requires:
1. “”Financial institution”” means any bank, credit union, insurance company, mortgage banking company or savings and loan association, industrial loan company, or like institution or any other person who makes mortgage loans and which operates or has a place of business in this state. “”Financial institution”” does not include an individual who makes less than five mortgage loans a year.
2. “”Mortgage loan”” means a loan for the purchase, construction, improvement, or rehabilitation of residential property containing or to contain four or fewer family dwelling units in which the property is used as security for the loan.
3. “”Red-lining”” means the practice by which a financial institution may designate certain areas as unsuitable for the making of mortgage loans and reject applications for mortgage loans or vary the terms of a mortgage loan upon property within that area because of the prevailing income, racial, or ethnic characteristics of the area, or because of the age of the structures in the area.
4. “”Vary the terms of a mortgage loan”” includes but is not limited to the following:
a. Requiring a greater than average down payment than is usual for the particular type of mortgage loan involved.
b. Requiring a shorter period of amortization than is usual for the particular type of mortgage loan involved.
c. Charging a higher interest rate or higher loan origination fees than is usual for the particular type of mortgage loan involved.
d. An unreasonable underappraisal of real estate or item of property offered as security. [C79, 81, §535A.1; 81 Acts, ch 174, §4, 5]
85 Acts, ch 238, §1; 2010 Acts, ch 1114, §1
Referred to in §528.2, 535A.2, 535A.6
For purposes of this chapter, unless the context otherwise requires:
1. “”Financial institution”” means any bank, credit union, insurance company, mortgage banking company or savings and loan association, industrial loan company, or like institution or any other person who makes mortgage loans and which operates or has a place of business in this state. “”Financial institution”” does not include an individual who makes less than five mortgage loans a year.
2. “”Mortgage loan”” means a loan for the purchase, construction, improvement, or rehabilitation of residential property containing or to contain four or fewer family dwelling units in which the property is used as security for the loan.
3. “”Red-lining”” means the practice by which a financial institution may designate certain areas as unsuitable for the making of mortgage loans and reject applications for mortgage loans or vary the terms of a mortgage loan upon property within that area because of the prevailing income, racial, or ethnic characteristics of the area, or because of the age of the structures in the area.
4. “”Vary the terms of a mortgage loan”” includes but is not limited to the following:
a. Requiring a greater than average down payment than is usual for the particular type of mortgage loan involved.
b. Requiring a shorter period of amortization than is usual for the particular type of mortgage loan involved.
c. Charging a higher interest rate or higher loan origination fees than is usual for the particular type of mortgage loan involved.
d. An unreasonable underappraisal of real estate or item of property offered as security. [C79, 81, §535A.1; 81 Acts, ch 174, §4, 5]
85 Acts, ch 238, §1; 2010 Acts, ch 1114, §1
Referred to in §528.2, 535A.2, 535A.6