ROR - HMDA reportable?

Posted By: trainer53

ROR - HMDA reportable? - 08/23/07 05:01 PM

I know I have seen this issue many times within threads, but I now have the situation:

2nd mortgage to purchase property (funds for downpayment) HMDA reportable as purchase = yes?

Is this second mortgage rescindable??? Can't find in requlation and since it purchase for owner-occupancy, I'm thinking yes
Posted By: Truffle Royale

Re: ROR - HMDA reportable? - 08/23/07 05:17 PM

No, it is not rescindable. It is a purchase money second mortgage. Only true refis are rescindable.
Posted By: David Dickinson

Re: ROR - HMDA reportable? - 08/23/07 05:27 PM

I agree with Truffle on both answers.
Posted By: ahou

Re: ROR - HMDA reportable? - 08/23/07 05:33 PM

I'm not sure I understand your situation. If you mean 2nd mtg secured by current prin dwelling to make a down pmt on another property, then yes it is rescindable. (any ln subject to Reg Z & sec by the equity in the current prin dwell is subject to the right of recission)

If the customer is purchasing a home and at the same time he will be getting a second mortgage on the home he is purchasing for the down payment there are no rescission rights. The purpose of both transactions is to purchase the principal dwelling; thus they are both exempt.