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#1834399 - 07/18/13 09:43 PM Reg Z Loan
Random Offline
Gold Star
Joined: Jun 2008
Posts: 287
Can you have a consumer purpose loan made to an LLC that is owned be someone's personal trust be a consumer loan under Reg Z? The loan is for a second home.

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Lending Compliance
#1834401 - 07/18/13 09:46 PM Re: Reg Z Loan Random
fmissle Online
Diamond Poster
Joined: Jul 2007
Posts: 1,016
Pac NW
ยง 1026.3 Exempt transactions.
This part does not apply to the following:

(a) Business, commercial, agricultural, or organizational credit. (1) An extension of credit primarily for a business, commercial or agricultural purpose.

(2) An extension of credit to other than a natural person, including credit to government agencies or instrumentalities.

I would check with your counsel to be sure that you want to structure it like this though. As someone recently said in another thread, the business should be getting some consideration from this transaction.

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#1834433 - 07/19/13 12:54 AM Re: Reg Z Loan Random
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
If the loan is made to the LLC, it would be exempt from Regulation Z. If the personal trust is revocable, I would not make the loan without additional parties on the loan, such as the grantor of the trust.
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#1834456 - 07/19/13 12:36 PM Re: Reg Z Loan Random
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
And just because it's exempt by Z due to entity...does not exempt it from RESPA.
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My opinion only. Not legal advice.

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