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#1891065 - 01/28/14 03:23 PM Disclosures for a loan to cover deficiency balance
Many Hats Offline
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Joined: May 2008
Posts: 915
Orlando, FL
What disclosures are required for a consumer unsecured loan to cover the deficiency balance on a mortgage loan that was sold at foreclosure?

Just a TIL disclosure, right?
And if it was a joint loan....still looking for evidence of intent to apply jointly, right?

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#1891069 - 01/28/14 03:25 PM Re: Disclosures for a loan to cover deficiency balance Many Hats
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
Unsecured - depends on the amount of the loan. Yes on intent.
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#1891079 - 01/28/14 03:29 PM Re: Disclosures for a loan to cover deficiency balance rlcarey
Many Hats Offline
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Posts: 915
Orlando, FL
[quote=rlcarey]Unsecured - depends on the amount of the loan. quote]

Loan amount is $30,000.

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#1891085 - 01/28/14 03:31 PM Re: Disclosures for a loan to cover deficiency balance Many Hats
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
Then, yes it would be covered under Regulation Z.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#1891097 - 01/28/14 03:43 PM Re: Disclosures for a loan to cover deficiency balance Many Hats
Many Hats Offline
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Joined: May 2008
Posts: 915
Orlando, FL
Can the bank call it a "modification" of an existing loan, and use the same loan number as the defaulted mortge loan?

I think no, as that note has been paid off and the mortgage released at this point.

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#1891207 - 01/28/14 05:51 PM Re: Disclosures for a loan to cover deficiency balance Many Hats
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
Use of the same loan number is an internal bank decision. But why would you want too?
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#1891229 - 01/28/14 06:16 PM Re: Disclosures for a loan to cover deficiency balance Many Hats
Many Hats Offline
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Joined: May 2008
Posts: 915
Orlando, FL
Not sure why...perhaps to avoid TILA disclosure?

Also, the interest rate is 0% and no fees were charged.

Are you still required to provide a TIL, since there are periodic payments?

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#1891239 - 01/28/14 06:27 PM Re: Disclosures for a loan to cover deficiency balance Many Hats
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
Yes. The credit is subject to a finance charge or is payable by a written agreement in more than four installments;
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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