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#396859 - 08/04/05 06:39 PM Home Loan and Credit Score disclosure
ozzie Offline
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Joined: Jun 2003
Posts: 155
Would we be required to send the Credit score notice to a customer that has a 12 month Interest only Construction Loan?(the loan will not roll into a permanent loan) I don't think we need to but I needed some moral support. Thanks for your help.

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#396860 - 08/04/05 06:41 PM Re: Home Loan and Credit Score disclosure
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,512
Galveston, TX
See HERE.
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#396861 - 08/04/05 06:43 PM Re: Home Loan and Credit Score disclosure
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,540
Bloomington, IN
Randy is correct. There are no temporary financing exemptions for the Notice to Home Loan Applicant.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#396862 - 08/05/05 03:38 PM Re: Home Loan and Credit Score disclosure
jbest Offline
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jbest
Joined: Jan 2001
Posts: 134
We have a loan review department that will at times pull a credit report or use an old credit report to do their review and usually they make a notation of the credit score. I have been holding the lenders responsible for getting the Notice to Home Loan Applicants because of this. Am I over reacting, shouldn't someone send them a notice. The lenders are not always (so they say) aware that loan review used this information. Opinions please

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#396863 - 08/05/05 04:40 PM Re: Home Loan and Credit Score disclosure
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,540
Bloomington, IN
A notice is not required in that circumstance. Review section 212 of the FACT Act or Section 609(g) of the FCRA.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#396864 - 08/05/05 06:43 PM Re: Home Loan and Credit Score disclosure
jbest Offline
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jbest
Joined: Jan 2001
Posts: 134
Thanks Dan are you refering to Section 609(g)(1)(e)(iii) which is actions not required under this subsection....(iii) disclose any credit score or related information obtained by the user after the loan has closed.
If the review is done at time of application couldn't it be assumed that the Officer had access to a credit score and it might have influenced his decision?

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#396865 - 08/05/05 07:03 PM Re: Home Loan and Credit Score disclosure
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,540
Bloomington, IN
What's the purpose of the loan review? I was relating it to a loan file review/audit.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#396866 - 08/05/05 07:58 PM Re: Home Loan and Credit Score disclosure
jbest Offline
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jbest
Joined: Jan 2001
Posts: 134
It looks like the purpose of the review was to assess the risk of this loan( it was an interim construction to cover cost overruns). Loan review did a financial spread noting debt ratio, collateral value spread. The review was done on 3/28/05 the officer did a credit memo on 4/4/05 that went to loan committee prior to making the loan. It appears the officer requested a review of the customer so he could have information to take to loan committee. The credit memo did not reference a credit score. This particular customer has several accounts with the bank.

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#396867 - 08/05/05 09:06 PM Re: Home Loan and Credit Score disclosure
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,540
Bloomington, IN
In that scenario the Notice to Home Loan Applicant would be required IMO. It appears the credit report is being used in connection with a credit request.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#396868 - 08/05/05 09:38 PM Re: Home Loan and Credit Score disclosure
jbest Offline
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jbest
Joined: Jan 2001
Posts: 134
That's my opinion also. Sorry I wasn't clear on my first post. Thanks for your input.

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