Skip to content
BOL Conferences
Thread Options
#362101 - 05/20/05 04:46 PM HELOC
KidIcarus Offline
Member
KidIcarus
Joined: Apr 2005
Posts: 63
Kentucky
Is there some sort of regulation that addresses what Home Equity Lines of Credit must and must not be used for (such as commercial purposes) or is the only criteria that it should be secured by residential real estate? Along the same lines is there any regulations against setting up a HELOC and using the funds to construct or purchase the residence securing the loan instead of using a construction to to perm loan? Could someone atleast point me in the right direction as far as this topic goes?

Return to Top
Lending Compliance
#362102 - 05/20/05 05:41 PM Re: HELOC
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
You can use a HELOC for all the purposes you mentioned, unless there is some state law that limits the use of HELOCs.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#362103 - 05/20/05 06:58 PM Re: HELOC
LoisLane Offline
Diamond Poster
LoisLane
Joined: Oct 2001
Posts: 1,570
Wisteria Lane..
A bank may have priced its HELOC loans for consumer borrowers with consumer-purposes. For this reason, there could be some banks which have internal policies that don't allow HELOCs to be used business or other purposes.
_________________________
And where is Superman when I need him?

Return to Top
#362104 - 07/15/05 05:18 PM Re: HELOC
RebekahL CRCM Offline
Platinum Poster
RebekahL CRCM
Joined: Feb 2003
Posts: 875
Big Sky Country
So if a HELOC were used for commercial purposes, no disclosures would be required, right?
_________________________
Me, Type A? Maybe - I'm not done analyzing it yet.

Return to Top
#362105 - 07/15/05 06:11 PM Re: HELOC
Lavender Offline
Gold Star
Lavender
Joined: Jun 2003
Posts: 335
Flood insurance regs would apply, at a minimum.
_________________________
Teamwork...Together we achieve the extraordinary!

Return to Top
#362106 - 07/15/05 06:11 PM Re: HELOC
Lavender Offline
Gold Star
Lavender
Joined: Jun 2003
Posts: 335
You would also need to look at the loan's purpose to determine what other regs apply. Is this a 1-4 residence?
Last edited by delightful; 07/15/05 06:16 PM.
_________________________
Teamwork...Together we achieve the extraordinary!

Return to Top
#362107 - 07/15/05 06:26 PM Re: HELOC
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Quote:

So if a HELOC were used for commercial purposes, no disclosures would be required, right?




If the primary purpose of the HELOC is for business purposes it is exempt from the provisions of Reg. Z. Even if the line may be occasionally used for consumer purposes.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#362108 - 07/15/05 06:54 PM Re: HELOC
Anonymous
Unregistered

How would you use a HELOC to construct a dwelling which secures the HELOC? I guess you could assign a limit based on the land value, but not necessarily on the finished dwelling value.

Return to Top
#362109 - 07/15/05 07:50 PM Re: HELOC
RebekahL CRCM Offline
Platinum Poster
RebekahL CRCM
Joined: Feb 2003
Posts: 875
Big Sky Country
Thanks everyone. I agree, flood and an appraisal notice would be required regardless, but I was more unsure of Reg Z disclosures such as the HELOC disclosure and R of R. Thanks again.
_________________________
Me, Type A? Maybe - I'm not done analyzing it yet.

Return to Top
#362110 - 07/18/05 03:27 PM Re: HELOC
Anonymous
Unregistered

What about servicing disclosures? Are they required on HELOC?

Return to Top
#362111 - 07/18/05 03:33 PM Re: HELOC
rainman Offline
Power Poster
rainman
Joined: Nov 2004
Posts: 3,238
Nope.
_________________________
Nobody's perfect, not even a perfect stranger.

Return to Top
#362112 - 07/18/05 03:38 PM Re: HELOC
Anonymous
Unregistered

Thanks!

Return to Top
#362113 - 07/18/05 04:34 PM Re: HELOC
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Quote:

What about servicing disclosures? Are they required on HELOC?




You'll find your answer in 3500.21.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#362114 - 07/22/05 01:36 AM Re: HELOC
Princess Romeo Offline

Power Poster
Princess Romeo
Joined: Jun 2001
Posts: 8,272
Where the heart is
Quote:

Quote:

What about servicing disclosures? Are they required on HELOC?




You'll find your answer in 3500.21.




That's a regulatory citing which means It depends....

Check on the lien status. Lien status is key!
_________________________
CRCM,CAMS
Regulations are a poor substitute for ethics.
Just sayin'

Return to Top
#362115 - 07/22/05 02:32 PM Re: HELOC
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Quote:

Check on the lien status. Lien status is key!




In most cases that's true, but not for HELOCs. They are excluded from the definition of a Mortgage Servicing Loan.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top

Moderator:  Andy_Z