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#1763862 - 12/04/12 10:24 PM Reg Z apply for HMDA purposes?
Lele Offline
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Lele
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Posts: 827
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HMDA purpose is Refinance – paid off small loan on primary residence which was pledged as the collateral and paid off large mortgage in business name.
• HOEPA – does Reg Z apply for this loan?
• Rate Spread – does Reg Z apply for this loan?

The largest part of the loan was for the business.

Thanks...
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#1763865 - 12/04/12 10:28 PM Re: Reg Z apply for HMDA purposes? Lele
raitchjay Online
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Originally Posted By: Lele
The largest part of the loan was for the business.



It sounds like this loan would be exempt from Reg. Z as business purpose, therefore, HOEPA would not apply and the rate spread would be recorded as "NA".
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#1763890 - 12/04/12 11:24 PM Re: Reg Z apply for HMDA purposes? Lele
Lele Offline
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Lele
Joined: Feb 2007
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Is there a standard when a loan is split between business and personal? Is it by whichever is largest?
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#1763917 - 12/05/12 01:36 PM Re: Reg Z apply for HMDA purposes? Lele
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
The primary purpose of the loan dictates if it will be a business or consumer purpose loan. The problem is the regulations do not define "primary purpose". Most use the the 50/50 split. If more than 50% of the proceeds are for one purpose or the other that is how they classify the loan.
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