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#2230801 - 02/12/20 03:53 PM Home Equity
theloanbug Offline
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Customer purchased and constructed home with no financing needed but now needs money to complete shop, interior items, and expenses. Customer wants to do 7 year loan from beginning. No advances will be done. Home equity loan?

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TRID - TILA/RESPA Integrated Disclosures Rule
#2230803 - 02/12/20 04:02 PM Re: Home Equity theloanbug
raitchjay Online
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I think it depends on what "interior items" means exactly. Having the outer shell of the home built doesn't mean the home is fully constructed, if it still needs cabinets, fixtures, carpeting, floors, wiring, etc. IMO. If "interior items" just means buy a refrigerator, then i'd look at it differently. The point i'm trying to make is either the construction is complete or it isn't. If it isn't, then your loan would be a TRID construction loan.
Last edited by raitchjay; 02/12/20 04:13 PM. Reason: edit TRID purpose
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#2230806 - 02/12/20 04:08 PM Re: Home Equity theloanbug
theloanbug Offline
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Even though he already owned the land and house and now wants to borrow the money for the other items?

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#2230807 - 02/12/20 04:08 PM Re: Home Equity theloanbug
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I edited my post above to more fully explain my opinion.
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#2230808 - 02/12/20 04:12 PM Re: Home Equity raitchjay
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So it would be a purchase?

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#2230809 - 02/12/20 04:12 PM Re: Home Equity theloanbug
raitchjay Online
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Actually, i guess i should amend that......"construction" not "purchase" is what i should have said, if the home is not fully built.
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#2230811 - 02/12/20 04:14 PM Re: Home Equity theloanbug
raitchjay Online
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Sorry, i let my HMDA brain override TRID for a second.
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#2230814 - 02/12/20 04:21 PM Re: Home Equity raitchjay
theloanbug Offline
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Ok. Yes like refrigerator and small items it would be home equity? How would you do a construction on a 7 year monthly payment? Is that possible?

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#2230816 - 02/12/20 04:24 PM Re: Home Equity theloanbug
raitchjay Online
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I'm trying to say--

Either the home is fully constructed, both on the interior and exterior, or it is not. Needing to buy a refrigerator doesn't mean the home isn't fully constructed IMO. Needing to do the wiring, flooring, carpeting, etc. is an indication to me that the home is not fully; constructed.

So, if the home is fully constructed and he just needs money to buy a few appliances, yes, i would call it a TRID home equity loan.

If the home is NOT fully constructed and he needs money to finish the interior, i would call it a TRID construction loan. If you want to fully advance the loan and not do a draw-down LOC, that is a separate issue.
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#2230818 - 02/12/20 04:27 PM Re: Home Equity raitchjay
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What is the separate issue? I understand the other. Thank you for your help.

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#2230819 - 02/12/20 04:28 PM Re: Home Equity theloanbug
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Basically i'm saying the decision to fully fund the loan or do a draw down LOC with inspections is a safety & soundness concern that your bank must make a decision on.
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#2230821 - 02/12/20 04:35 PM Re: Home Equity raitchjay
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Ok. I understand. I don't think our system will let me do a construction loan on 7 year monthly payment, which will not be a issue on this one. Maybe I should contact our software for future.

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#2230823 - 02/12/20 04:37 PM Re: Home Equity theloanbug
raitchjay Online
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I'm only saying this is a TRID construction......not that you have to call it a "construction" loan elsewhere in your LOS.
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#2230824 - 02/12/20 04:40 PM Re: Home Equity raitchjay
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Ok what would you call it then?

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#2230825 - 02/12/20 04:42 PM Re: Home Equity theloanbug
theloanbug Offline
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So could I call it a home equity for software

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#2230826 - 02/12/20 04:42 PM Re: Home Equity theloanbug
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You have 3 options as i see it.....(please note the S&S caveat mentioned above).

1) Fully fund the loan at consummation, and your 7 year monthly P&I payment scenario shouldn't be an issue.

2) Do a 2 phase, construction-perm loan.

3) Break the application up into 2 loans--a temporary construction loan followed by a perm loan upon the completion of the construction.
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#2230837 - 02/12/20 05:47 PM Re: Home Equity theloanbug
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What would you call it your LOS?

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#2230847 - 02/12/20 06:12 PM Re: Home Equity theloanbug
raitchjay Online
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At my bank, we'd be breaking this up into a temporary construction loan and a perm loan to follow, and giving 2 LE's with this application. We'd be coding this first loan as a construction loan.
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#2230860 - 02/12/20 06:35 PM Re: Home Equity raitchjay
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Ok. What would you call it if you did only 1 LE with monthly payments?

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#2230871 - 02/12/20 06:59 PM Re: Home Equity theloanbug
theloanbug Offline
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that is my issue what purpose since my LOS won't let me put construction.

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#2230873 - 02/12/20 07:04 PM Re: Home Equity theloanbug
rlcarey Offline
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I guess I disagree. This is not construction for TRID - that only applies for "initial" construction. Finishing a partially built house is not "initial".

If you want to do draws and have it all be one loan, then you would do a one-time close just like any other combined construction/permanent loan.
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#2230874 - 02/12/20 07:07 PM Re: Home Equity theloanbug
raitchjay Online
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Randy, what choice would you make for TRID? HE? I guess i've defaulted to the idea that you can only "construct" a dwelling once.....and until it's completed, any loan to finish the construction must be "construction". But i can see your argument i suppose.
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#2230877 - 02/12/20 07:10 PM Re: Home Equity theloanbug
raitchjay Online
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So i guess to clarify......in my interpretation, i've taken the word "initial" as sort of superfluous in the TRID definition of construction.
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#2230881 - 02/12/20 07:20 PM Re: Home Equity theloanbug
rlcarey Offline
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Just my opinion - but the only other choice would then be Home Equity. Really might come down to the specific circumstances. Especially, if they might already be actually living in the property. Plus, I would not call "complete shop, interior items, and expenses" initial construction.
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#2230883 - 02/12/20 07:24 PM Re: Home Equity theloanbug
raitchjay Online
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That's why i tried to pin down what "interior items" meant. I would agree if that just meant buy a refrigator and living room furniture......but if it means get the floors, carpeting, wiring, etc. done, then (IMO) you're back to finishing construction.
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