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#1907955 - 03/24/14 03:32 PM Agri loan- purchase and refinance
Dodge Offline
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Joined: Mar 2010
Posts: 268
A customer is refinancing their poultry farm and their current primary residence. Along with the refinance, new money is added to purchase a new primary dwelling and 100 acres that adjoins the customer's poultry farm. The home on the poultry farm will now become a rent house for the farm help.

Purchasing a farm with a dwelling is exempt from HMDA, but if there is a refinance of another dwelling would the refinance be reported?

Or, would this even be HMDA reportable since purchase trumps refinance and in this case the purchase is exempt?

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#1907967 - 03/24/14 03:50 PM Re: Agri loan- purchase and refinance Dodge
raitchjay Online
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Joined: Oct 2009
Posts: 9,105
OK
I'd report it as a straight refi. The fact that your "multi-purpose" loan isn't actually multiple purpose because of the ag. purchase exemption doesn't change the fact that the other purpose of your loan, the refinance, is reportable.
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#1907993 - 03/24/14 04:39 PM Re: Agri loan- purchase and refinance Dodge
hmdagal Offline
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hmdagal
Joined: Dec 2002
Posts: 3,841
On the other hand, if the reason they are buying the additional property is for the new primary dwelling, this could be reported as a purchase. See the following from the commentary:

3.
Farm loan. A loan to purchase property used primarily for agricultural purposes is not a home purchase loan even if the property includes a dwelling. An institution may use any reasonable standard to determine the primary use of the property, such as by reference to the exemption from Regulation X (Real Estate Settlement Procedures, 12 C.F.R. 1024.5(b)(1)) for a loan on property of 25 acres or more. An institution may select the standard to apply on a case-by-case basis.

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