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The Fair and Accurate Credit Transactions Act of 2003 (FACT Act or FACTA, Pub. L. 108–159 (text)) is a U.S. federal law, passed by the United States Congress on November 22, 2003, [1] and signed by President George W. Bush on December 4, 2003, [2] as an amendment to the Fair Credit Reporting Act.
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Risk-based pricing – Lenders may charge a higher interest rate to borrowers who are more likely to default, a practice called risk-based pricing. Lenders consider factors relating to the loan such as loan purpose , credit rating , and loan-to-value ratio and estimates the effect on yield ( credit spread ).
A primary residence is viewed and priced as the lowest risk factor of Property Use. There are no adjustments to pricing or rate. A second home is viewed and priced according to lender, some will assess the same risk factor as a primary residence while others will factor in a 0.125% to 0.5% pricing increase to mitigate the perceived risk.
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The Red Flags Rule was based on section 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003 [3] (FACTA). FACTA was put in place to help Identity Theft Prevention and Credit History Restoration, Improvements in Use of and Consumer Access to Credit Information, Enhancing the Accuracy of Consumer Report Information,
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