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#2181472 - 06/12/18 07:03 PM Loan Renewal with Escrow
George Offline
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Joined: Apr 2016
Posts: 364
Have a loan that we are renewing that already has escrow set up on it. We are extending the term and adding new money. This is an investment property, so trying to figure out what all we need to do on the escrow side (if anything)?

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Lending Compliance
#2181495 - 06/12/18 07:47 PM Re: Loan Renewal with Escrow George
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,391
Galveston, TX
Investment property means nothing. Is it a consumer or business purpose loan and what type of property are we talking about, i.e., exempt from RESPA.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2181501 - 06/12/18 08:12 PM Re: Loan Renewal with Escrow George
George Offline
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The property is a residential dwelling that is being rented out.

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#2181516 - 06/12/18 10:07 PM Re: Loan Renewal with Escrow George
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,391
Galveston, TX
That covers the collateral, but not the purpose of the loan.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2182574 - 06/21/18 02:43 PM Re: Loan Renewal with Escrow George
George Offline
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Purpose is for improvements to the property

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#2182578 - 06/21/18 02:50 PM Re: Loan Renewal with Escrow George
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,391
Galveston, TX
Official Interpretation

1026.3(a) Business, Commercial, Agricultural, or Organizational Credit

4. Non-owner-occupied rental property. Credit extended to acquire, improve, or maintain rental property (regardless of the number of housing units) that is not owner-occupied is deemed to be for business purposes.

The loan is exempt from Z and X
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2182579 - 06/21/18 02:51 PM Re: Loan Renewal with Escrow George
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
Improvements to the rental property would make it a business purpose loan therefore exempt from Reg. Z & RESPA.

How you handle the escrow will be determined by the escrow agreement between the FI and the borrower.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2182586 - 06/21/18 03:08 PM Re: Loan Renewal with Escrow George
George Offline
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Joined: Apr 2016
Posts: 364
Thank you Randy and Dan, I appreciate it! Any "best course of action" suggestions?

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#2182598 - 06/21/18 03:30 PM Re: Loan Renewal with Escrow George
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,391
Galveston, TX
"best course of action" is based on whether you want to continue to escrow. If you do, have them sign a new escrow agreement when you renew the loan.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2182607 - 06/21/18 03:51 PM Re: Loan Renewal with Escrow George
George Offline
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Joined: Apr 2016
Posts: 364
That's kind of what I was thinking. I appreciate it!

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