Skip to content
GeoDataVision
Thread Options
#1761412 - 11/28/12 12:12 PM Repairs on Condemed Burned-Out Former Residence
Midwest Banker Too Offline
Member
Joined: Jul 2008
Posts: 51
Midwest
A fire in a residence resulted with the local government comdeming the structure. The customer borrows $10K secured by the land to improve the structure, yet the funds are insufficient to make all the repairs needed to make the structure inhabitable. Is the $10k loan RESPA?

Thanks!!

Return to Top
RESPA
#1761464 - 11/28/12 01:52 PM Re: Repairs on Condemed Burned-Out Former Residence Midwest Banker Too
Dan Persfull Online
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 46,957
Bloomington, IN
Where in RESPA or HMDA does it state a structure has to be inhabitable to meet the definition of a dwelling? How many unihabitable dwellings are purchased and renovated per year in order to flip them?

It sure sounds to me at the time you made the loan you had a loan that qualified as a home improvement loan.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#1761485 - 11/28/12 02:16 PM Re: Repairs on Condemed Burned-Out Former Residence Midwest Banker Too
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,654
The Swamp
Nancy, what is the term of the loan and how is it to be repaid?
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top
#1761673 - 11/28/12 05:09 PM Re: Repairs on Condemed Burned-Out Former Residence Midwest Banker Too
Midwest Banker Too Offline
Member
Joined: Jul 2008
Posts: 51
Midwest
Hi Joker
It is a five year note with monthly payments. Dan's comment is interesting in that although the structure would not be returned to a livable residence using the proceeds from this loan, it would still be considered a dwelling.
That may be where I tripped up as I had considered a dwelling as a place one would dwell or reside. In other words, the govenment condemning the structure has no impact on RESPA.

Return to Top
#1761780 - 11/28/12 06:46 PM Re: Repairs on Condemed Burned-Out Former Residence Midwest Banker Too
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,654
The Swamp
Correct. The reason for my question was to determine if the loan was possibly temp financing..obviously it is not and there is apparently enough 'residence' there to be condemned and not burned completely up (reduced to land only), so I agree, it's both RESPA and HMDA reportable (if you are a reporter).
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top

Moderator:  QCL