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#1571749 - 06/29/11 07:28 PM Consumer or Commercial Loan?
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Diamond Poster
Joined: Nov 2008
Posts: 1,109
In the mountains
The loan is to payoff/combine a dwelling secured bridge consumer loan (house won't sell) and a commercial loan secured by an apartment complex. The consumer loan payoff is $250,000. The commercial loan payoff is $50,000. The value of the dwelling is $250,000 and the value of the apartments is $400,000. The new loan will only be secured by the commercial property. Should this be classified as a consumer loan or commercial loan?
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#1571761 - 06/29/11 07:32 PM Re: Consumer or Commercial Loan? Likes to Comply
Skittles Offline
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Skittles
Joined: Sep 2002
Posts: 13,965
TN
Since the majority is consumer purpose I say it's a consumer loan. Remember, Regulation Z is purpose driven, not collateral driven.

Now, of course, if it's in the name of a business entity I change my answer. Regulation Z wouldn't apply.
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#1571776 - 06/29/11 07:47 PM Re: Consumer or Commercial Loan? Skittles
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Diamond Poster
Joined: Nov 2008
Posts: 1,109
In the mountains
Does it make any difference that if the customer can't sell the property then he will rent it out and convert the shop in the back to a duplex? Also the loan will be paid back with rents from the commercial property. Also, the customer is a building contractor. Does any of this make a difference?
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#1571857 - 06/29/11 08:54 PM Re: Consumer or Commercial Loan? Likes to Comply
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Joined: Nov 2008
Posts: 1,109
In the mountains
bump
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#1571862 - 06/29/11 09:02 PM Re: Consumer or Commercial Loan? Likes to Comply
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
I don't think your 2nd post factors are an issue right now. As Skittles stated, the majority of the loan is for a consumer purpose. Therefore, this is a consumer purpose loan.
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