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#2115616 - 01/26/17 02:19 PM Land with improvements
banjo Offline
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We currently have a loan on land with well & septic, and a partially completed residence. The borrower is living in a camper while he constructs the residence. He wants a refinance the current loan to get enough money to complete the residence. Do I have the following correct?

-- For HMDA, this would be reported as a Purchase (it would be completing the construction and be secured by the completed residence.)

-- For TRID, the Purpose of the loan would be Construction (it is not to purchase the property, and is not a refinance of the customer's current dwelling - the camper)

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#2115678 - 01/26/17 06:25 PM Re: Land with improvements banjo
Peach Offline
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I am thinking "home improvement". If you have a partially constructed dwelling it is still a dwelling and finishing it would be improving it.
Last edited by Peach; 01/26/17 06:26 PM.
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#2115685 - 01/26/17 07:13 PM Re: Land with improvements banjo
raitchjay Offline
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A partially constructed dwelling isn't a dwelling until it's completed....IMHO. I believe the OP has both the HMDA and TRID purposes correct.
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#2115689 - 01/26/17 07:19 PM Re: Land with improvements banjo
raitchjay Offline
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Well, actually..looking back at the original post....you say they want to refinance the land. TRID cares about the dirt for the loan purpose, so i think you would have a TRID refi.
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#2115694 - 01/26/17 07:34 PM Re: Land with improvements banjo
John Burnett Offline
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"Home improvement" is not one of the four choices available.

"Refinance" comes before "construction" in the hierarchy of options under § 1026.37(a)(9), so you use "refinance," but only if the transaction will be a refinancing under § 1026.20(a).

If it's not a refinancing under that definition, the next option under § 1026.37(a)(9) is "Construction."

So it appears that the key question here is whether you're doing a § 1026.20(a) refinancing or not.
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#2115707 - 01/26/17 08:02 PM Re: Land with improvements banjo
raitchjay Offline
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OK
But for HMDA, a purchase.
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#2115718 - 01/26/17 08:37 PM Re: Land with improvements John Burnett
banjo Offline
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The house is not complete, and the customer is not living in it yet, so is it considered a "dwelling" at this point? And does that matter as far as TRID goes - is it still a "Refinance" based on the fact that we are replacing one obligation to be secured by another obligation?

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#2115721 - 01/26/17 08:39 PM Re: Land with improvements banjo
raitchjay Offline
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For HMDA, until a house is completed, you are still constructing it, so a loan (that contains the permanent financing portion) to finish construction of a dwelling is a purchase. As John said, if it meets the 1026.20(a) definition of a refinancing, then you have a TRID refi. If not, you have a TRID construction loan. As stated above, TRID cares about the dirt securing the loan when it comes to picking a loan purpose.
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#2115729 - 01/26/17 08:53 PM Re: Land with improvements Peach
Peach Offline
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Originally Posted By Peach
I am thinking "home improvement". If you have a partially constructed dwelling it is still a dwelling and finishing it would be improving it.

I was answering for the HMDA portion and did not read it would be the perm loan. Yes purchase, I was inaccurate sorry.

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#2115775 - 01/27/17 05:27 AM Re: Land with improvements banjo
David Dickinson Offline
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Concerning HMDA.
You said:
a partially completed residence. The borrower is living in a camper while he constructs the residence. He wants a refinance the current loan to get enough money to complete the residence.

If this is a temporary loan (not permanent financing, then it is still a construction loan and not HMDA reportable (yet). If you are providing permanent financing with this new loan, then it is a purchase (the perm phase of the construction loan).
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