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#2198174 - 11/14/18 04:21 PM Term Equity increased to pay off additional debt.
TaraTLR Offline
100 Club
Joined: May 2013
Posts: 144
I have a weird situation. In July we did a consumer term equity loan to a customer to pay off non real estate secured debt. We reported it on the LAR as an "other" purpose. In August the customer requested to increase the loan amount to pay off an unsecured loan. We had a new note signed with the increase. Would this be considered a refinance for HMDA since we had a new note signed?

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#2198209 - 11/14/18 06:52 PM Re: Term Equity increased to pay off additional debt. TaraTLR
Carolina Blue Offline
Platinum Poster
Carolina Blue
Joined: Jul 2005
Posts: 961
Lost in a regulatory fog
Yes, if the new note is replacing the existing note then it's a HMDA reportable refinance. Make sure to read the documents. Early in my career a loan processor told me we were doing a new note so I told them it would be a refinance. Later when I actually reviewed the loan, the document was not a note but a change in terms modifying the existing note, which would not be reportable.

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