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#1952318 - 08/12/14 07:23 PM Appraisal notice for subsequent loan?
Banker57 Offline
Gold Star
Joined: Jul 2010
Posts: 439
Minnesota
If the same appraisal is used for a new note do the appraisal notice rules still apply? The appraisal has already been given to the consumer along with the right to the appraisal notice.

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#1952320 - 08/12/14 07:24 PM Re: Appraisal notice for subsequent loan? Banker57
Kathleen O. Blanchard Offline

10K Club
Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,281
1002.14(a)

Commentary

2. Renewals. Section 1002.14(a)(1) applies when an applicant requests the renewal of an existing extension of credit and the creditor develops a new appraisal or other written valuation. Section 1002.14(a)(1) does not apply to the extent a creditor uses the appraisals and other written valuations that were previously developed in connection with the prior extension of credit to evaluate the renewal request.
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Kathleen O. Blanchard, CRCM "Kaybee"
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The HMDA Academy
www.kaybeescomplianceinsights.com

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#1952802 - 08/13/14 08:51 PM Re: Appraisal notice for subsequent loan? Banker57
scb2011 Offline
Gold Star
Joined: Mar 2011
Posts: 255
TN
Do you believe that the commentary here applies to "renewals" only, or would you also say that this applies to other types of similar credit products such as a refinance, or a completely new loan where a prior appraisal was used and no new valuation was made?

Reg B defines credit loosely and includes all types of credit, whereas Reg Z tends to distinguish between a renewal and a refinance.

Is the term "renewal" pertinent here, or are they really meaning that if an appraisal is not developed in conjunction with an extension of credit then the section does not apply?

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#1952823 - 08/13/14 09:09 PM Re: Appraisal notice for subsequent loan? Banker57
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 39,700
Cape Cod
There are two opinions on whether the notice requirement will still apply if you know that you won't be developing an appraisal in connection with an application. I'd err on the side of caution, and give the notice, which says you'll provide a copy of any appraisal developed in connection ....

As for the appraisal copy:
If you don't develop an appraisal because it's a loan type that doesn't require one, or because you are going to use a recent one from an earlier transaction, you don't need to provide the copy. That is true whether the current application is for a refinance, renewal, modification, extension, or new loan. The renewal used in the commentary is illustrative, not definitive.
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BankersOnline.com
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