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#2224387 - 10/24/19 10:48 PM Exempt Transaction or Not (Reg Z)
fmissle Online
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Joined: Jul 2007
Posts: 1,016
Pac NW
Two applicants, one a catering manager and ex-marketing VP and the other an engineering consultant.
Purpose of the loan is to purchase a 22 acre estate which is currently run as a B&B. They will continue to run it as a B&B. It has two buildings with 9 rooms, each with a private bathroom, along with multiple other buildings and sheds and a wedding venue, commercial kitchen, etc.
After closing, but probably within 12 months, the applicants will sell their house and move into an apartment in one of the houses.

Is this a disclosable loan under regulation Z or is it exempt as Business purpose.

I'm saying that we can categorize this as business purpose, but recognize that some examiner might challenge me. Would they be right?

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#2224389 - 10/24/19 11:05 PM Re: Exempt Transaction or Not (Reg Z) fmissle
Rocky P Offline
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Posts: 7,659
Florida
Will the loan be in their personal names, or will they be creating a business? If the latter, exempt.

Also look at 1026.3(a)5(1)
5. Owner-occupied rental property. If credit is extended to acquire, improve, or maintain rental property that is or will be owner-occupied within the coming year, different rules apply:

i. Credit extended to acquire the rental property is deemed to be for business purposes if it contains more than 2 housing units.
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#2224393 - 10/25/19 12:23 PM Re: Exempt Transaction or Not (Reg Z) fmissle
rlcarey Offline
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Posts: 83,371
Galveston, TX
Rocky, did you mean the former? The latter would automatically be exempt if made to a business entity?
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#2224403 - 10/25/19 01:30 PM Re: Exempt Transaction or Not (Reg Z) fmissle
Rocky P Offline
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Posts: 7,659
Florida
Sorry for the brevity

If to a business it would be exempt.

If it was to individuals and met the conditions of owner occupied rental property, it would also be exempt.
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#2224495 - 10/25/19 10:55 PM Re: Exempt Transaction or Not (Reg Z) fmissle
fmissle Online
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Joined: Jul 2007
Posts: 1,016
Pac NW
Thanks for the responses.

We're not sure yet how the application would look if they applied. We would generally recommend (an organization ownership) that strictly from a liability standpoint, but we're not lawyers or CPAs and aren't really qualified to give that advice. I think those discussions are probably had informally with the Applicants with advice to discuss it with their attorney.

I did look at that section on Owner-occupied property, but didn't know if the transient (temporary?) status of BnB guests made it an owner occupied rental or not.

I also wasn't sure what the definition of "housing unit" is. Does a bedroom and bathroom make a housing unit, or is a kitchen also required?

I also relied somewhat on
Quote
3. Factors. In determining whether credit to finance an acquisition—such as securities, antiques, or art—is primarily for business or commercial purposes (as opposed to a consumer purpose), the following factors should be considered:

i. General. A. The relationship of the borrower's primary occupation to the acquisition. The more closely related, the more likely it is to be business purpose.

B. The degree to which the borrower will personally manage the acquisition. The more personal involvement there is, the more likely it is to be business purpose.

C. The ratio of income from the acquisition to the total income of the borrower. The higher the ratio, the more likely it is to be business purpose.

D. The size of the transaction. The larger the transaction, the more likely it is to be business purpose.

E. The borrower's statement of purpose for the loan.

A - One possible applicant is a catering manager, so in the hospitality industry already.
B - The Applicant would be managing the operations at the location
C - This was undetermined as I don't have the applicant income
D - The transaction is fairly large, but not too much.

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#2224498 - 10/25/19 11:32 PM Re: Exempt Transaction or Not (Reg Z) fmissle
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
They are going to run this property as an on-going business. I am not sure what the question here might be and how this could be a consumer transaction regardless if at some point of time in the future they may also reside on the property.
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#2224499 - 10/25/19 11:38 PM Re: Exempt Transaction or Not (Reg Z) fmissle
fmissle Online
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Joined: Jul 2007
Posts: 1,016
Pac NW
I appreciate the additional response. While I have the same opinion, the fact that it will be owner occupied (or is planned to be) in the next 12 months made me slightly worried an examiner would try to categorize it as consumer.

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#2224592 - 10/28/19 08:46 PM Re: Exempt Transaction or Not (Reg Z) fmissle
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Tell the examiner to try owning and running a B&B and see whether he thinks its more home or more business. Maybe in the off-season they can relax a bit, except they will be refurbishing and redecorating and ....
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