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#1482656 - 12/17/10 10:24 PM RESPA applies? Purchase with HELOC
1 Peter 5:7 Offline
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1 Peter 5:7
Joined: Jun 2001
Posts: 1,339
TX
If a HELOC is used for the purpose of purchasing a 1-4 family and is secured by same, am I correct that:
1. A HUD-1 is not required,
2. a GFE and a Settlement Booklet would still be required as this is a purchase, and
3. a Mortgage Servicing Transfer Disclosure would be required?

Thanks for your help!
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Opinions are mine not my employer's, and should not be taken as legal advice.

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#1482665 - 12/17/10 10:40 PM Re: RESPA applies? Purchase with HELOC 1 Peter 5:7
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
1. Correct. 3500.8(a)

2. You need to provide the HELOC booklet and Plan Disclosure . 3500.6(a)(2) and 3500.7(h)

3. Incorrect. 3500.21(a)
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1482667 - 12/17/10 10:44 PM Re: RESPA applies? Purchase with HELOC Dan Persfull
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
As long as there is an initial intent to actually use the line as a line post-purchase (there is no need to go back in the future and check) a HELOC used for purchase is treated the same as any other HELOC.
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#1482670 - 12/17/10 10:46 PM Re: RESPA applies? Purchase with HELOC Dan Persfull
swiggles Offline
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swiggles
Joined: Aug 2001
Posts: 7,352
I've had to look that up so many times!! I think I'll just print this thread and keep it handy!! laugh
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