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#2233804 - 03/27/20 05:10 PM HELOC Early Disclosures
burkemi Offline
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We have branches across state lines in KY and WV. Often times customers from KY will do business with our WV branches and vise-versa. If a customer owns property in KY and uses that as collateral for a HELOC requested in a WV branch, should the early disclosure packet be KY HELOC or WV HELOC?

What about loans from out of footprint? A specific example is that we have several customers use property in FL to collateralize loans. Any guidance would be greatly appreciated.
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#2233813 - 03/27/20 06:17 PM Re: HELOC Early Disclosures burkemi
rlcarey Offline
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rlcarey
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Galveston, TX
You have different products based on State? What difference in the packets would there be?
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#2233821 - 03/27/20 07:14 PM Re: HELOC Early Disclosures burkemi
burkemi Offline
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Maximum annual fee allowance.

For example, our WV notes currently state "Governing Law. This agreement will be governed by federal law applicable to us an, to the extend no preempted by federal law, the laws of the state of West Virginia without regard to its conflicts of law provisions. This agreement has been accepted by us in the state of West Virginia."

The maximum fee allowance is different between KY and WV. So if a loan is booked in WV (higher fee allowance than KY) but the collateral is in KY where the allowance is lower, does this agreement cover the fee provision?
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#2233825 - 03/27/20 07:31 PM Re: HELOC Early Disclosures burkemi
rlcarey Offline
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Galveston, TX
You need to talk to legal counsel to see if you can export State fees from one State to the other on property secured in another State. Normally you could not.
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#2233827 - 03/27/20 07:40 PM Re: HELOC Early Disclosures burkemi
burkemi Offline
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Thank you, Randy.
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