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#2084805 - 06/23/16 01:50 PM So I don't understand HELOCs...
tgpitts11 Offline
Member
Joined: May 2012
Posts: 75
I'm new to HELOCs, and I'm unsure where to find the regulations concerning this product.

If I have a HELOC that has recently matured, is it okay to modify the note and extend maturity, or does that option expire once the plan ends? Is there a regulation that spells this out?

And if I were to modify the note, can I also modify the mortgage/security deed?

I appreciate any direction here!

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#2084808 - 06/23/16 01:57 PM Re: So I don't understand HELOCs... tgpitts11
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,363
Galveston, TX
1026.40

If the line has matured, it is a new plan.
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#2084836 - 06/23/16 03:28 PM Re: So I don't understand HELOCs... tgpitts11
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 10,180
Toano, VA
You're mixing regulations and state law. Before determining your regulatory responsibilities, you must have a contract. In this case there are two contracts--a credit agreement and a pledge of collateral. Contracts are governed by your state's laws and are enforceable in the courts of your state. How, when, and to what extent contracts can be created, modified, extended, or otherwise altered are legal considerations which must be discussed with bank counsel. After you and counsel have agreed on the best way to meet your customer's needs with contract documents that will stand up in court, THEN you look at the regs to determine what must be disclosed, how, and when.
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#2084855 - 06/23/16 04:44 PM Re: So I don't understand HELOCs... tgpitts11
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
Great explanation Richard. You are still "Da Man!".
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David Dickinson
http://www.bankerscompliance.com

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