Skip to content
BOL Conferences
Thread Options
#2185593 - 07/17/18 01:12 PM Occupancy
dac Offline
100 Club
Joined: Sep 2009
Posts: 234
I'm reviewing a loan and the purpose was to purchase a 3-bedroom trailer on a block foundation which the borrower plans to rent. All of documents indicate the borrower is residing at the property until it is rented. Would you select primary residence or Investment property on the LAR?

Return to Top
HMDA

   
HMDA Academy
#2185633 - 07/17/18 03:01 PM Re: Occupancy dac
Adam Witmer Offline
Power Poster
Joined: Sep 2010
Posts: 2,658
You will probably get mixed answers on this as we have had quite a few discussions regarding current vs future use and HMDA reporting.

Do you know when they plan to rent it out or when they plan to move out? 1 month or 1 year could bring different opinions...
_________________________
Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.
www.compliancecohort.com

Return to Top
#2185672 - 07/17/18 04:58 PM Re: Occupancy dac
David Dickinson Offline
10K Club
David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
As Adam state, there are different schools of thought. I'm in the "what will it be when the proceeds are applied" camp. Thus, this property will be a rental and not owner occupied. That does assume they will be renting it out right away (or soon after closing).
_________________________
David Dickinson
http://www.bankerscompliance.com

Return to Top
#2185675 - 07/17/18 05:07 PM Re: Occupancy David Dickinson
dac Offline
100 Club
Joined: Sep 2009
Posts: 234
The loan closed five months ago. Borrower still lives at the property.

Return to Top
#2185677 - 07/17/18 05:23 PM Re: Occupancy dac
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
I hate to say it, and I'm not sure exactly what all documentation you may have noted above...but it kinda sounds like there is the slightest possibility the LO 'decided' it was commercial purpose to avoid TRID. I mean...it does happen. crazy

js.
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top
#2185697 - 07/17/18 06:09 PM Re: Occupancy dac
David Dickinson Offline
10K Club
David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
Joker: You may be on to something.
_________________________
David Dickinson
http://www.bankerscompliance.com

Return to Top
#2185703 - 07/17/18 06:25 PM Re: Occupancy dac
Adam Witmer Offline
Power Poster
Joined: Sep 2010
Posts: 2,658
It wouldn't be the first time an LO tried to call something business purpose to avoid TRID.
_________________________
Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.
www.compliancecohort.com

Return to Top
#2185714 - 07/17/18 06:45 PM Re: Occupancy dac
RR Joker Offline
10K Club
RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
Nope...sure wouldn't be says the voice of experience smirk
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

Return to Top

Moderator:  SMQ, CRCM