Independent. No paid rankings. Pass or fail is never for sale.Reviewed as findings changeEditorial policyNewsletter

Last reviewed: 7 October 2026

Home › Mortgage help › HELOC rules: freezes, limits and fee refunds

HELOC rules under Regulation Z: freezes, limits and fee refunds

A home equity line of credit comes with its own set of federal rules. This page sets out what Regulation Z says about application-stage disclosures and fees and about what a lender may do after the line is open.

The short version: Regulation Z § 1026.40 requires HELOC disclosures and a brochure at the time an application is provided, and bars nonrefundable fees until three business days after you receive them.[2] After a plan opens, a creditor may prohibit further advances or reduce the limit only in the circumstances the regulation lists, or as the plan agreement and the regulation otherwise permit, such as a significant decline in the home’s value below its appraised value or a reasonable belief that you cannot repay because of a material change in your finances.[2]

What this term means: A home equity line of credit (HELOC) is, in the CFPB’s words, “an ‘open-end’ line of credit that allows you to borrow repeatedly against your home equity.”[1] Regulation Z’s § 1026.40 applies to open-end credit plans secured by the consumer’s dwelling.[2]

Disclosures and fees at application

TopicWhat § 1026.40 says
Timing of disclosures and brochureProvided at the time an application is provided to the consumer. They may be delivered or mailed not later than three business days after receipt of the application when the application is in a magazine or other publication, or received by telephone or through an intermediary agent or broker.[2]
BrochureThe home equity brochure “What You Should Know About Home Equity Lines of Credit,” or a substitute the regulation accepts, must be provided.[2]
Nonrefundable feesNeither a creditor nor any other person may impose a nonrefundable fee in connection with an application until three business days after the consumer receives the disclosures and brochure. If they are mailed, receipt is treated as three business days after mailing.[2]
Refund of feesA creditor must refund all fees paid to anyone in connection with an application if a term required to be disclosed changes before the plan is opened (other than a change due to fluctuations in the index of a variable-rate plan) and, as a result, the consumer elects not to open the plan.[2]

Limits on what a creditor can do after the plan opens

Paragraph (f) says that no creditor may, by contract or otherwise, do the following except as stated.[2]

LimitWhat it says
Changing the rateA creditor may not change the annual percentage rate unless the change is based on an index that is not under the creditor’s control and that is available to the general public.[2]
Ending the plan earlyA creditor may not terminate a plan and demand repayment of the entire balance before the original term unless there is fraud or material misrepresentation by the consumer; the consumer fails to meet repayment terms for any outstanding balance; an action or inaction by the consumer adversely affects the creditor’s security; or federal law on credit to a depository institution’s executive officers requires a payable-on-demand condition and the initial agreement includes it. Reverse mortgage plans are covered by a separate paragraph.[2]
Changing other termsA creditor may not change any term, with listed exceptions, including changes the consumer agrees to in writing at that time, changes that unequivocally benefit the consumer, and insignificant changes. Paragraph (f)(3)(ii) permits a replacement index and margin in two stated circumstances, including an unavailable original index.[2]
Stopping advances or reducing the limitA creditor may prohibit additional extensions of credit or reduce the credit limit during any period in which: the dwelling’s value declines significantly below its appraised value for the plan; the creditor reasonably believes the consumer cannot meet repayment obligations because of a material change in financial circumstances; the consumer is in default of any material obligation; the creditor is precluded by government action from imposing the agreed rate; the creditor’s security interest priority is adversely affected by government action so that its value is less than 120 percent of the credit line; or the creditor’s regulator notifies it that continued advances would be an unsafe and unsound practice. The initial agreement may also allow this during any period in which the maximum annual percentage rate is reached.[2]

What the CFPB says in plain language

For how a HELOC differs from other ways to borrow against a home, see our guide to HECM, HELOC and home equity loans.

How to verify this yourself

Read § 1026.40 in the eCFR (reference 2) and the CFPB page (reference 1). Your plan agreement and the notices the lender sends are the documents that show which terms apply to you. To check the person you are working with, use our guide to verifying a loan officer’s NMLS license. Our published standard covers how we check loan originators, and the Register shows that method; neither reviews a lender’s or servicer’s handling of your loan.

What this page does not cover

This page does not cover the content of the required HELOC disclosures in paragraph (d), how a particular plan’s fees or rates compare, or state-law limits. It does not tell you whether to open or keep a line of credit. The CFPB page was last reviewed in August 2026. This page is general information, not legal advice, and it does not compare lenders, loan products or rates. It was last reviewed 7 October 2026.

Your next step

A written explanation from the lender would show which provision it relies on. Then return to the Mortgage help library for related guides.

What you can do next

References

  1. CFPB, “What is a home equity line of credit (HELOC)?” (Mortgages, last reviewed 28 August 2026; page last modified 31 August 2026): www.consumerfinance.gov/ask-cfpb/what-is-a-home-equity-line-of-credit-heloc-en-107/.
  2. eCFR, 12 CFR § 1026.40, “Requirements for home equity plans” (Regulation Z; eCFR, up to date as of 5 October 2026): www.ecfr.gov/current/title-12/part-1026/section-1026.40.

Related