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#2148717 - 10/04/17 08:13 PM Matured HELOC-Attorney says OK to modify/renew
Likes to Comply Offline
Diamond Poster
Joined: Nov 2008
Posts: 1,055
In the mountains
Our attorney is saying that we can modify or renew (either of which would not replace the original agreement) even though the original HELOC agreement has already matured.

What, if any, disclosures would be required and would ROR be required if nothing but the term (extended out another 10 years) is changed?

Thanks in advance.
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Lending Compliance
#2148746 - 10/04/17 09:47 PM Re: Matured HELOC-Attorney says OK to modify/renew Likes to Comply
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 79,368
Galveston, TX
Anything you do after maturity - regardless of what your attorney says is a new plan under Reg. Z and triggers all disclosures.

Official Interpretation

Section 1026.40—Requirements for Home-Equity Plans

2. Changes to home equity plans entered into on or after November 7, 1989. Section 1026.9(c) applies if, by written agreement under §1026.40(f)(3)(iii), a creditor changes the terms of a home equity plan—entered into on or after November 7, 1989—at or before its scheduled expiration, for example, by renewing a plan on different terms. A new plan results, however, if the plan is renewed (with or without changes to the terms) after the scheduled expiration. The new plan is subject to all open-end credit rules, including §§1026.6, 1026.15, and 1026.40.
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#2148802 - 10/05/17 03:00 PM Re: Matured HELOC-Attorney says OK to modify/renew Likes to Comply
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Diamond Poster
Joined: Nov 2008
Posts: 1,055
In the mountains
Thanks!!!
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