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#447666 - 10/26/05 09:26 PM HMDA or Business
Anonymous
Unregistered

I hope someone can help me with this data reporting question. I've read the GIR and the CRA-equivalent handbook as well as other sources and I'm just not sure.

Loan is to purchase an old motel with outbuildings, apartment buildings and a house located on the same structure. Additional funds will be included in loan for rehabilitation of the properties. Over 67% of the loan proceeds are for the purchase.

The entire property is "mixed use". Here's the breakdown:

1. Motel (now sleeping rooms for rent to construction workers, etc) - 9000 sq ft.
2. Apartment Buildings(1 w/6 units; 1 w/3 units) - 4500 sq. ft.
3. House (rental) - 2000 sq ft.
4. Garage/Apt. - 1960 sq ft.
5. Small business - 1520 sq ft.

Summary: Commercial 10520 sq ft; residential rental 8460 sq ft.

I could only find the "mixed use" to come into play under home improvement in the GIR book. Does it also apply for a purchase?

Would I consider this non-HMDA reportable because the majority of the footage is commercial? Do I have to consider the funds for rehabilitation?

Thanks for any help.

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#447667 - 10/26/05 09:51 PM Re: HMDA or Business
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Mixed use refers to one structure, not multiple structures. Your property has multiple dwellings, a multi-family and a 1-4. This loan will be reported as a purchase.

Look to page D-5 in the GIR for purchases of mixed-use property.

Since you are dealing with multiple properties you will also want to scan the GIR for multiple properties.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#447668 - 10/27/05 06:18 AM Re: HMDA or Business
Princess Romeo Offline

Power Poster
Princess Romeo
Joined: Jun 2001
Posts: 8,272
Where the heart is
Dan - I am curious where the interpretation is that "mixed use property" means only one structure.
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#447669 - 10/27/05 01:35 PM Re: HMDA or Business
Anonymous
Unregistered

Original confused poster here -

Dan: In re "reported as a purchase". Do you mean reported as a HMDA purchase of a dwelling or a CRA purchase of commercial property?

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#447670 - 10/27/05 03:58 PM Re: HMDA or Business
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Quote:

Dan - I am curious where the interpretation is that "mixed use property" means only one structure.




Show me where the interpetation is that it includes multiple structures.

Mixed-use property. A loan to improve property used for residential and commercial purposes (for example, a building containing apartment units and retail space)

Mixed-use property. A dwelling-secured loan to purchase property used primarily for residential purposes (for example, an apartment building containing a convenience store)

Look to the definition of a dwelling, home purchase, refinancing and home improvement.

The above property contains a multi-family dwelling and a 1-4 dwelling. The loan is secured by a dwelling. Well, in this case dwellings.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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