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#1809940 - 05/01/13 07:21 PM Joint Intent
Many Hats Offline
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Joined: May 2008
Posts: 915
Orlando, FL
If the applicants signed an intent to apply jointly form when the loan was originated, does the Bank have to obtain their intent to apply jointly again when the loan is renewed?

I've always thought so.

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Lending Compliance
#1809969 - 05/01/13 07:57 PM Re: Joint Intent Many Hats
swiggles Offline
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swiggles
Joined: Aug 2001
Posts: 7,364
Might be overkill, but my opinion is "yes." The borrowers want to "renew" a loan. That's an application. Once the old note is matured, both borrowers have the option to reject joint intent on a renewal loan.

Anyone else?
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#1809982 - 05/01/13 08:14 PM Re: Joint Intent Many Hats
manimal Offline
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manimal
Joined: Feb 2008
Posts: 2,207
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I would say get it again.
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#1809994 - 05/01/13 08:23 PM Re: Joint Intent Many Hats
raitchjay Offline
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Joined: Oct 2009
Posts: 9,232
OK
I think/hope it would be based on whether the renewal is simply a modification or a refinancing. My thinking would go something like this: on a modification, there is no new extension of credit, so no need for a new indication of joint intent. On a refinancing, new extension of credit, therefore, you'd need the joint intent again. That's how i've looked at it to this point anyway.
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#1810022 - 05/01/13 08:53 PM Re: Joint Intent Many Hats
Many Hats Offline
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Joined: May 2008
Posts: 915
Orlando, FL
Okay...how about this...a borrower gets a line of credit for $200,000 - bank gets joint intent - all is well.

Borrower comes in later on and wants to take a portion of the balance owed - let's say $100,000 and term it out in to a closed-end loan.

The Bank calls is a "renewal" - although they do not reference the prior not in the new note (or say anything about continuing validity), and puts on the note that doc stamps were previously paid under the original note.

That is not a renewal in my opinion. It's a new note for Reg B purposes and I would look for intent to apply for joint credit.

Agree?

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#1810023 - 05/01/13 08:56 PM Re: Joint Intent Many Hats
raitchjay Offline
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Joined: Oct 2009
Posts: 9,232
OK
Agree.
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