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#1675705 - 03/09/12 05:24 PM HOEPA on Construction Loan?
nikki_compliance Offline
Platinum Poster
Joined: Mar 2010
Posts: 520
NM
does hoepa apply to a construction loan to build primary residence?

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Lending Compliance
#1675712 - 03/09/12 05:32 PM Re: HOEPA on Construction Loan? nikki_compliance
raitchjay Offline
Power Poster
Joined: Oct 2009
Posts: 9,105
OK
No, residential mortgage transactions are exempt from HOEPA.
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#1676527 - 03/12/12 08:59 PM Re: HOEPA on Construction Loan? nikki_compliance
MB Guy Offline
10K Club
Joined: May 2004
Posts: 10,124
Way, way south.
From the FTC:

Quote:
What Loans Are Covered?
A loan is covered by the law if it meets the following tests:

for a first-lien loan, that is, the original mortgage on the property, the annual percentage rate (APR) exceeds by more than eight percentage points the rates on Treasury securities of comparable maturity;
for a second-lien loan, that is, a second mortgage, the APR exceeds by more than 10 percentage points the rates in Treasury securities of comparable maturity; or
the total fees and points payable by the consumer at or before closing exceed the larger of $592 or eight percent of the total loan amount. (The $592 figure is for 2011. This amount is adjusted annually by the Federal Reserve Board, based on changes in the Consumer Price Index.) Credit insurance premiums for insurance written in connection with the credit transaction are counted as fees.
The rules primarily affect refinancing and home equity installment loans that also meet the definition of a high-rate or high-fee loan. The rules do not cover loans to buy or build your home, reverse mortgages or home equity lines of credit (similar to revolving credit accounts).
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#1678899 - 03/16/12 08:04 PM Re: HOEPA on Construction Loan? MB Guy
Sheba Offline
Member
Sheba
Joined: Mar 2002
Posts: 78
Oz
Would it apply if the construction is being done on a current primary residence? I think yes because it is not the initial purchase or construction.

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#1678901 - 03/16/12 08:07 PM Re: HOEPA on Construction Loan? nikki_compliance
raitchjay Offline
Power Poster
Joined: Oct 2009
Posts: 9,105
OK
If it's a home improvement loan, yes it would apply, provided the loan wasn't open end credit.
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I'm fixin' to fix that.

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#1678917 - 03/16/12 08:24 PM Re: HOEPA on Construction Loan? raitchjay
Sheba Offline
Member
Sheba
Joined: Mar 2002
Posts: 78
Oz
Thanks. It is truly a home improvement and not an open-end loan. I appreciate your help. Have a good weekend.

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