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#516580 - 03/17/06 06:10 PM One more temp. financing question
sue's mom Offline
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sue's mom
Joined: Feb 2003
Posts: 455
IL
I have refinanced a mortgage and provided additional funding to continue construction for a condo conversion. Loan term is 12 months. Customer had borrowed from another bank to acquire this property. Is this a HMDA loan?

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#516581 - 03/17/06 08:42 PM Re: One more temp. financing question
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
The term does not make it a temporary loan. What's your intended source of repayment?
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#516582 - 03/17/06 08:49 PM Re: One more temp. financing question
sue's mom Offline
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sue's mom
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The sale of the individual unit.

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#516583 - 03/17/06 10:31 PM Re: One more temp. financing question
JW Offline
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Indiana
This would be a HMDA reportable loan if it meets the definition of a refinance - proceeds from this loan paid off another loan secured by a dwelling. The fact that this loan will not be paid by financing of a much longer term deems it not temporary regardless of the 12 month term. IMO it is reportable.

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#516584 - 03/17/06 10:37 PM Re: One more temp. financing question
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
Quote:

continue construction for a condo conversion.




Is this a continuation of a construction loan, or continuation of a renovation (home improvement) loan?

If it's the continuation of a construction loan I would rely on the construction loan only exemption.

If it's a continuation of a home improvement loan I would agree it would be reportable but as a home improvement loan, not a refinancing.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#516585 - 03/20/06 02:19 AM Re: One more temp. financing question
sue's mom Offline
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sue's mom
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The original loan, at another bank, was to purchase and convert/construct an apartment building (4 unit) to 4 condos. The units will be sold upon completion, we will be paid out of the sale of each unit.

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#516586 - 03/20/06 02:56 AM Re: One more temp. financing question
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
That meets the "splash and dash" scenario in the Q&A. It's a reportable dwelling purchase loan.
Last edited by Dan Persfull; 03/20/06 01:35 PM.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#516587 - 03/20/06 01:44 PM Re: One more temp. financing question
sue's mom Offline
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sue's mom
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Posts: 455
IL
The original loan was a reportable dwelling purchase loan, my question is my loan still reportable? If yes, is this refinance or construction?

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#516588 - 03/20/06 02:28 PM Re: One more temp. financing question
Dan Persfull Offline
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Dan Persfull
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Posts: 47,532
Bloomington, IN
Your loan would be a reportable home improvement loan. I missed (or whether it went over my head) where your loan was not for the purchase, but rather to refinance the purchase transaction and additional money to continue improvements to the property.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#516589 - 03/20/06 04:02 PM Re: One more temp. financing question
sue's mom Offline
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sue's mom
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IL
Thank you.

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