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Credit systems that do not meet these criteria are judgmental systems and may consider age only for the purpose of determining a "pertinent element of creditworthiness." (Both types of systems may favor an elderly applicant. The regulation does not specify how often credit scoring systems must be revalidated.The credit scoring system must be revalidated frequently enough to ensure that it continues to meet recognized professional statistical standards for statistical soundness.Good-faith compliance with this commentary affords a creditor protection under section 706(e) of the Act. Under Appendix D to the regulation, any person may request an official interpretation.Interpretations will be issued at the discretion of designated officials and incorporated in this commentary following publication for comment in the Federal Register.The written commitment may not be subject to conditions other than conditions that require the identification of adequate collateral, conditions that require no material change in the applicant's financial condition or creditworthiness prior to funding the loan, and limited conditions that are not related to the financial condition or creditworthiness of the applicant that the lender ordinarily attaches to a traditional application (such as certification of a clear termite inspection for a home purchase loan, or a maximum mileage requirement for a used car loan).
Under Regulation B, a transaction is credit if there is a right to defer payment of a debt-regardless of whether the credit is for personal or commercial purposes, the number of installments required for repayment, or whether the transaction is subject to a finance charge.
(See comment 2(e)-1 for treatment of a purchaser who requests to assume the loan.) 2.
The term adverse action does not include a creditor's termination of an account when the accountholder is currently in default or delinquent on that account.
Notification in accordance with § 1002.9 of the regulation generally is required, however, if the creditor's action is based on a past delinquency or default on the account. When an applicant applies for credit and the creditor does not offer the credit terms requested by the applicant (for example, the interest rate, length of maturity, collateral, or amount of downpayment), a denial of the application for that reason is adverse action (unless the creditor makes a counteroffer that is accepted by the applicant) and the applicant is entitled to notification under § 1002.9.
Denial of credit at point of sale is not adverse action except under those circumstances specified in the regulation. Billing statements have been returned to the creditor for lack of a forwarding address. A refusal or failure to authorize an account transaction at the point of sale or loan is not adverse action except when the refusal is a denial of an application, submitted in accordance with the creditor's procedures, for an increase in the amount of credit. If a mortgagor sells or transfers the mortgaged property and the buyer makes an application to the creditor to assume the mortgage loan, the mortgagee must treat the buyer as an applicant unless its policy is not to permit assumptions.
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For example, denial at point of sale is not adverse action in the following situations: i. 2(f) The term "procedures" refers to the actual practices followed by a creditor for making credit decisions as well as its stated application procedures.