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This opinion was issued during the 4th quarter of 1999.
The regulation at 940 CMR 8.00 is a regulation of the Attorney General of the Commonwealth and not within the jurisdiction of the Division. 209 CMR 32.00 is the Division's truth-in-lending regulation and establishes consumer credit cost disclosure requirements for lenders in Massachusetts. Both regulations are separate and distinct and are enforced by separate agencies. It is the position of the Division that 940 CMR 8.00 and 209 CMR 32.00 establish certain disclosure requirements for mortgage lenders in the Commonwealth and each regulation must be complied with fully. A mortgage lender must, in fact, comply with both 940 CMR 8.00 and 209 CMR 32.00 when making mortgage loans in the Commonwealth.