refinance, plus working capital

Posted By: newyork

refinance, plus working capital - 05/15/15 04:12 PM

When a loan is made to refinance a dwelling, and it includes extra monies for working capital, is this HMDA refinance reportable even if the full loan is not entirely for that purpose?
Posted By: raitchjay

Re: refinance, plus working capital - 05/15/15 04:20 PM

So long as your borrower is the same and the loan being paid off and the current loan are both secured by a dwelling, it's reportable. Any cash out in addition to the refinancing is only relevant if it is used for a home purchase or home improvement. There's no business purpose exemption in HMDA.
Posted By: Adam F

Re: refinance, plus working capital - 05/15/15 04:54 PM

Originally Posted By raitchjay
There's no business purpose exemption in HMDA.


If I had a dollar for ever time I have had to correct a Loan Officer on this, then I would be a very wealthy man.
Posted By: RR Becca

Re: refinance, plus working capital - 05/15/15 05:35 PM

Originally Posted By raitchjay
So long as your borrower is the same and the loan being paid off and the current loan are both secured by a dwelling, it's reportable. Any cash out in addition to the refinancing is only relevant if it is used for a home purchase or home improvement. There's no business purpose exemption in HMDA.


Just tagging on - there's also no "majority of proceeds" test for HMDA. If your new loan is a $100,000 refinance with cash out and you are paying off a $100 existing lien but using the rest to finance a tiddlywinks team, the loan is still a refinance as far as HMDA is concerned.
Posted By: raitchjay

Re: refinance, plus working capital - 05/15/15 05:37 PM

laugh Good point.