Skip to content
BOL Conferences
Thread Options
#494292 - 02/07/06 05:28 PM Renewal with fees?
Reed Offline
Diamond Poster
Reed
Joined: Sep 2005
Posts: 1,251
West Coast
Can a mortgage loan be extended or renewed if a loan administration fee is charged, or would this fee make it a refinance and subject to disclosures?

Return to Top
Lending Compliance
#494293 - 02/08/06 02:08 AM Re: Renewal with fees?
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
Any fee imposed would not impact whether it was considered a refinance under Reg Z.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#494294 - 02/08/06 01:53 PM Re: Renewal with fees?
Reed Offline
Diamond Poster
Reed
Joined: Sep 2005
Posts: 1,251
West Coast
where can I find the definition of refinance in reg Z?

Return to Top
#494295 - 02/08/06 02:03 PM Re: Renewal with fees?
Cowboys Fan Offline
Power Poster
Joined: Dec 2002
Posts: 4,615
SC
226.20(a)
_________________________

Return to Top
#494296 - 02/08/06 02:27 PM Re: Renewal with fees?
Reed Offline
Diamond Poster
Reed
Joined: Sep 2005
Posts: 1,251
West Coast
Thanks!

Return to Top
#494297 - 02/10/06 02:26 PM Re: Renewal with fees?
Reed Offline
Diamond Poster
Reed
Joined: Sep 2005
Posts: 1,251
West Coast
Ok, here is where I am struggling. 226.20 (a)(4) paraphrase: not a refinancing unless: "the new amount financed exceeds the unpaid balance plus unearned finance charge..." If you tacked on a fee to a renewal wouldn't wouldn't the new loan be principal+unearned finance charge+fee=refinance? What am I missing?

Return to Top
#494298 - 02/10/06 02:34 PM Re: Renewal with fees?
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
You would have to look to State law to determine if the addition of the fee would result in the replacement of the original obligation. The regulation limits refinancings to transactions in which the entire original obligation is extinguished and replaced by a new one.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#494299 - 02/10/06 02:52 PM Re: Renewal with fees?
Reed Offline
Diamond Poster
Reed
Joined: Sep 2005
Posts: 1,251
West Coast
ok, I'll post this in state specific. Thanks

Return to Top

Moderator:  Andy_Z