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#1499184 - 01/24/11 04:59 PM Pmt Schedule to use when deed is 2ndary collateral
Game On Offline
Platinum Poster
Joined: Jul 2001
Posts: 566
Marietta, GA
We make auto loans and attach the consumer's home as secondary or incidental collateral. (Consumers sometimes request this for tax purposes).

We currently use the car note and show the property as secondary collateral. This won't work in the future because the payment schedule is the type used for the auto loan rather than the mortgage secured loan.

On the other hand, the mortgage note does not have anything to reference the auto which is what we really rely on as our collateral).

Does anyone else do this type of loan?
If so, what type of note and TIL are you planning to use?

Wolters Kluwer is our form vendor and does not provide a specific note and TIL combo for this loan type.

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#1499211 - 01/24/11 05:26 PM Re: Pmt Schedule to use when deed is 2ndary collateral Game On
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
Quote:
Does anyone else do this type of loan?
If so, what type of note and TIL are you planning to use?


If the loan is secured by a dwelling or real property you will have to follow the required disclosures of 226.18(s).

We use WK also. Do your state specific, or universal, notes not have a section for you to reference separate security agreements?
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1499305 - 01/24/11 07:01 PM Re: Pmt Schedule to use when deed is 2ndary collateral Dan Persfull
Game On Offline
Platinum Poster
Joined: Jul 2001
Posts: 566
Marietta, GA
We use the universal multistate fixed rate note Form MN-1.

Under section 10 (Uniform secured note) it states:
"In addition to the protections given under the note, a Mortgage, a Deed of Trust or a Security Deed dated the same day as the note protects the Note Holder from possible losses which might result if I do not keep the promises made in this note................


I do not see anything that would cover a security instrument for an automobile. The note states that the mortgage or deed are the security instruments.
Last edited by UGA Fan; 01/24/11 07:04 PM.
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