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#362795 - 05/23/05 09:53 PM More HMDA
Princess of Power Offline
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Princess of Power
Joined: Aug 2002
Posts: 406
Napa, CA
Existing loan secured by lien on mixed use real estate with original use of funds related to the development of the commercial business located on the property, lender is providing additional advance of 125,000 for the purchase and construction of a modular home on the property to be O/O. No change to existing maturity date (2012). Due to the purpose & use of funds, I believe the additional advance is HMDA reportable. Lender does not agree.

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Lending Compliance
#362796 - 05/23/05 09:59 PM Re: More HMDA
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
Quote:

Existing loan secured by lien on mixed use real estate with original use of funds related to the development of the commercial business located on the property,




Please elaborate. Mixed use property only applies to a single structure that is used for both business and residential use. Multiple buildings (one commercial building and one residential dwelling) on the property does not qualify under the mixed use exemption.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#362797 - 05/23/05 10:10 PM Re: More HMDA
Princess of Power Offline
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Princess of Power
Joined: Aug 2002
Posts: 406
Napa, CA
Sorry - Property is zoned for mixed use and currently there is a commercial building on the land for which we hold the 1st. Lender is granting an addtional advance of $125,000 for the purchase & construction of a modular home to be O/O. We will be taking a security interest in the modular home as well.

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#362798 - 05/24/05 03:22 AM Re: More HMDA
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
The loan is reportable. It's for the purpose of purchasing/constructing a dwelling and secured by a dwelling.

I just clicked on this thread by accident and glad I did. After re-reading the question I'm now not sure if you are making a new loan or modifying the existing loan. If you are only modifying the existing loan (no new note) it would not be reportable.
Last edited by Dan Persfull; 05/24/05 02:14 PM.
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