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#2041703 - 09/30/15 08:53 PM Loan on Land owned free and clear
Brigette Offline
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Joined: Nov 2013
Posts: 72
I am working on a loan on a tract of land, with the borrower getting cash back at closing. They do not currently owe anything on the land. Would this be a "refinance" even though there's no debt? I wouldn't think it would be "home equity" since there's no home.

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TRID - TILA/RESPA Integrated Disclosures Rule
#2041707 - 09/30/15 08:57 PM Re: Loan on Land owned free and clear Brigette
John Burnett Offline
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John Burnett
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Posts: 40,086
Cape Cod
It's a home equity purpose under TRID, the absence of a home notwithstanding. Just keep telling yourself "Home equity means All Other." If it won't fit options 1, 2 or 3, it's a home equity.

Nobody promised it would make sense.
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#2041708 - 09/30/15 08:58 PM Re: Loan on Land owned free and clear Brigette
justsayjulie Offline
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Joined: Mar 2014
Posts: 293
back home again
Actually, I think it DOES fall into home equity. The purpose of the loan transaction follows the hierarchy in 1026.37(a)(9)

Purpose. The consumer's intended use for the credit, labeled “Purpose,” using one of the following terms:
(i) Purchase. If the credit is to finance the acquisition of the property identified in paragraph (a)(6) of this section, the creditor shall disclose that the loan is for a “Purchase.”
(ii) Refinance. If the credit is not for the purpose described in paragraph (a)(9)(i) of this section, and if the credit will be used to refinance an existing obligation, as defined in § 1026.20(a) (but without regard to whether the creditor is the original creditor or a holder or servicer of the original obligation), that is secured by the property identified in paragraph (a)(6) of this section, the creditor shall disclose that the loan is for a “Refinance.”
(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.”
(iv) Home equity loan. If the credit is not for one of the purposes described in paragraphs (a)(9)(i) through (iii) of this section, the creditor shall disclose that the loan is a “Home Equity Loan.”
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#2041712 - 09/30/15 09:01 PM Re: Loan on Land owned free and clear Brigette
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Sorry, JSJ, I managed to say it faster. Just tired of copying and pasting from the regs, I guess.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
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#2041714 - 09/30/15 09:05 PM Re: Loan on Land owned free and clear Brigette
justsayjulie Offline
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Joined: Mar 2014
Posts: 293
back home again
No worries!
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#2041718 - 09/30/15 09:09 PM Re: Loan on Land owned free and clear Brigette
Brigette Offline
Member
Joined: Nov 2013
Posts: 72
Thanks for your quick responses!

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