I don't see this as much different than what the CFPB discussed in the construction loan webinar:
Further, as is often the case, undefined terms may be used in different ways by different persons. To avoid any misunderstanding that may be based on the meaning of construction holdback, I won't use that terminology. Instead, I'll discuss disclosure of a portion of loan proceeds placed in or designated to a reserve or other account at consummation.
For an example of the kind of arrangements I'm discussing, let's assume the loan is for construction costs only with no purchase or refinance involved. If the loan amount is for $100,000 and the creditor designates $10,000 of the loan proceeds to a reserve or other account, the creditor is not required to separately disclose the $10,000 because this amount is not an additional cost imposed on the consumer. It is a portion of the overall loan proceeds.
The creditor may disclose this designated amount as a separate itemized cost along with a separate itemized cost for the balance of the construction costs in accordance with Section 1026.37(g)(4) in Section H of the Loan Estimate which provides for an itemization of any other amounts in connection with the transaction that the consumer is likely to pay at closing or that the consumer has contracted with a person other than the creditor or loan originator to pay at closing.
The designated amount may be labeled construction holdback if that is what is called under the terms of the legal obligation, or if the designated amount is not given a specific label in the legal obligation, it may be labeled
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