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#2236467 - 05/11/20 03:08 PM ROR on a newly constructed house
Dodge Offline
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Joined: Mar 2010
Posts: 237
We have a customer who has built a new primary residence with their own funds and a bunch of credit cards. No construction loans. The home is complete and they have applied for a loan to pay off those credit cards. The new loan will be secured by the new house. ROR would apply since the construction was not financed? Double checking.

3. Principal dwelling. A consumer can only have one principal dwelling at a time. (But see comment 23(a)(1)–4.) A vacation or other second home would not be a principal dwelling. A transaction secured by a second home (such as a vacation home) that is not currently being used as the consumer's principal dwelling is not rescindable, even if the consumer intends to reside there in the future. When a consumer buys or builds a new dwelling that will become the consumer's principal dwelling within one year or upon completion of construction, the new dwelling is considered the principal dwelling if it secures the acquisition or construction loan. In that case, the transaction secured by the new dwelling is a residential mortgage transaction and is not rescindable. For example, if a consumer whose principal dwelling is currently A builds B, to be occupied by the consumer upon completion of construction, a construction loan to finance B and secured by B is a residential mortgage transaction. Dwelling, as defined in §1026.2, includes structures that are classified as personalty under state law. For example, a transaction secured by a mobile home, trailer, or houseboat used as the consumer's principal dwelling may be rescindable

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Lending Compliance
#2236470 - 05/11/20 03:28 PM Re: ROR on a newly constructed house Dodge
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 46,762
Bloomington, IN
The requested loan is not for the initial construction of the dwelling, convert a construction loan to permanent financing or to purchase the dwelling. It is to consolidate personal debt therefore it is not a Residential Mortgage Transaction that would be exempt from rescission.
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The opinions expressed are mine and they are not to be taken as legal advice.

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