The Real Estate Settlement and Procedures Act (RESPA) does not have any regulations requiring the disclosure of credit scores. The requirement to disclose credit scores is a part of the Fair and Accurate Credit Transaction Act of 2003 (FACTA). Section 212, part (c) of FACTA amends the Fair Credit Reporting Act (FCRA) to require that mortgage lenders provide the disclosure "Notice to the Home Loan Applicant" and disclose the credit scores used in connection with certain applications for mortgage loans as soon as reasonably possible.
So in plain language, yes a mortgage lender must disclose to a consumer the credit scores used in connection with their mortgage application. It is not necessary that the disclosure be provided at closing as long as it is provided as "soon as reasonably possible" after the lender receives the credit scores. Additionally, the scores must be provided whether the applicant's loan is approved or not and whether they close or not.
Link to FACTA:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ159.108
Answer Submitted on Wed, Feb 11 2009
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