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#1653559 - 01/20/12 04:16 PM Occupancy
Many Hats Offline
Platinum Poster
Joined: May 2008
Posts: 915
Orlando, FL
Can you tell I am doing a scrub? smile

Scenario:
Loan is for bus purp - to refinance a loan with multiple pieces of collateral - mostly land, but has 2 1-4 fam dwellings on it also. Bank also takes a 1st lien on the borrowers pri residence (this property is not being refi'd).

The purpose is to refinance.
The occupancy is non-owner occupied (since the collateral being refi'd is not his residence)

Or is it owner occupied, since he does occupy one of the pieces of collaterl?

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HMDA

#1653600 - 01/20/12 04:35 PM Re: Occupancy Many Hats
hmdagal Offline
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hmdagal
Joined: Dec 2002
Posts: 3,842
Use the occupancy of the property that you geocode.

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#1653630 - 01/20/12 04:34 PM Re: Occupancy Many Hats
Many Hats Offline
Platinum Poster
Joined: May 2008
Posts: 915
Orlando, FL
Well, it is multiple properties, so if they are going to call it an owner occ refi, then we just need to be sure we geocode his pri res....even though that isn't the one actually being refi'd?

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#1653663 - 01/20/12 05:01 PM Re: Occupancy Many Hats
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,762
Bloomington, IN
If I understand the transaction the bank is refinancing a loan that is currently secured by 2 1-4 dwellings and in addition they are now taking a lien on the borrower's primary residence. If that is a correct assumption the loan meets the definition of refinancing regardless if there was any outstanding loan against the primary residence.

With multiple properties you have the option to report all of them or just one of them. As hmdagal states you report the occupancy status of the property or properties being reported on the LAR.
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The opinions expressed are mine and they are not to be taken as legal advice.

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