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#2174919 - 04/24/18 06:11 PM Construction or Home Equity?
Compliance NABW Offline
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Joined: Oct 2015
Posts: 1,669
I wanted to confirm my thoughts on an issue. If you have a deal where cash out from fully owned Property A is being used to build new construction on fully owned Property B and only Property A serves as security on the loan, the TRID "Purpose" is "Home Equity.

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TRID - TILA/RESPA Integrated Disclosures Rule
#2174922 - 04/24/18 06:13 PM Re: Construction or Home Equity? Compliance NABW
raitchjay Offline
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Joined: Oct 2009
Posts: 9,110
OK
Agree. The construction taking place has nothing to do with your collateral, which drives the TRID purpose.
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#2174923 - 04/24/18 06:14 PM Re: Construction or Home Equity? Compliance NABW
raitchjay Offline
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Joined: Oct 2009
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OK
(iii) Construction. If the credit is not for one of the purposes described in paragraphs (a)(9)(i) or (ii) of this section and the credit will be used to finance the initial construction of a dwelling on the property identified in paragraph (a)(6) of this section, the creditor shall disclose that the loan is for “Construction.”
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#2174926 - 04/24/18 06:19 PM Re: Construction or Home Equity? Compliance NABW
Compliance NABW Offline
Diamond Poster
Joined: Oct 2015
Posts: 1,669
Thank you, the bold part is what drove the decision for me as well, as (a)(6) is the "Property" that secures the loan. I would assume that if both pieces served as collateral, then "Construction" would be the accurate choice.

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#2174929 - 04/24/18 06:31 PM Re: Construction or Home Equity? Compliance NABW
raitchjay Offline
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Joined: Oct 2009
Posts: 9,110
OK
Yes, that's how i read it as well.
_________________________
I'm fixin' to fix that.

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#2174955 - 04/24/18 07:16 PM Re: Construction or Home Equity? Compliance NABW
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
I agree. First scenario Home Equity. Second scenario Construction.
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The opinions expressed are mine and they are not to be taken as legal advice.

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