I need some help on a Friday afternoon and couldn't find any previous threads about IRS liens.

We have an application to payoff an IRS lien on a property, which contains a dwelling and will secure our loan. If I read the regulation literally then the IRS lien would be a dwelling secured debt obligation, so this would be reportable as a refinance. My hesitance is that the debt was not originated as dwelling secured, but don't see anywhere in reg. or guidance where that matters. Am I missing something? I guess the same scenario could be asked of HOA liens.

4. Same borrower. Section 1003.2(p) provides that, even if all of the other requirements of § 1003.2(p) are met, a closed-end mortgage loan or an open-end line of credit is not a refinancing unless the same borrower undertakes both the existing and the new obligation(s).

IMHO - there is no borrower on IRS liens, even if you are replacing them.

Ah, my gut was telling me it was not reportable but I was focusing on trying to find a definition or explanation of debt obligation and didn't think to look at that section.

Thank you.

Well, it would still be reportable as "other".

I didn't give all details but this is a business purpose loan (rental property). I agree it would be reportable as other for consumer.

Thanks again.