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Is a Modification of This Loan Possible?

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Question: 
Can you tell me the regulation regarding changing the loan amount on a note? Example: The loan closed in 2003 for $250,000, and now the client wants to increase it to $350,000 without refinancing.
Answer: 

I am assuming this is a loan subject to Reg Z (secured by real property or the primary residence and for a consumer purpose). 226.20 and its commentary, as well as your state law, will address modifications vs. refinances. If your current mortgage is filed for $250,000, you will have to modify or re-file your mortgage, and depending on your recording jurisdiction, you may or may not retain your lien position.

First published on BankersOnline.com 3/7/05

First published on 03/07/2005

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