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#2100471 - 09/26/16 10:23 PM Life estate-owner occupancy-WI
Bec Offline
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Bec
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Posts: 1,115
The Great White North
Would anyone out there know:
If the person holding the life estate is living in the home and the file estate is included in the vesting on the title work, would this be considered owner-occupied for HMDA purposes?
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#2100479 - 09/26/16 11:00 PM Re: Life estate-owner occupancy-WI Bec
Truffle Royale Offline

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??? I don't understand '...the file estate is included in the vesting on the title work'.
How does it read exactly?
And who is the borrower on this loan?

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#2100489 - 09/27/16 12:24 AM Re: Life estate-owner occupancy-WI Bec
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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I believe yes for owner occupancy as the life estate owner is the owner until their death. However, I would find out if the life estate owner has the right to mortgage the property without permission of the " remainderman" who will inherit. That is one aspect often restricted when you put your property into a life estate.
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
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#2100773 - 09/28/16 03:48 PM Re: Life estate-owner occupancy-WI Bec
Bec Offline
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Bec
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The Great White North
The title vests:
Remainderman and remainderman, husband and wife and the Life Estate interest of Our Borrower, by virtue of a Quit Claim Deed dated...

The borrower is the life estate interest person.
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#2100852 - 09/28/16 07:02 PM Re: Life estate-owner occupancy-WI Bec
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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Hopefully legal counsel reviewed how this is being done, to make sure that you are properly secured?
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#2100904 - 09/28/16 09:43 PM Re: Life estate-owner occupancy-WI Bec
Bec Offline
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Bec
Joined: Jul 2010
Posts: 1,115
The Great White North
Hopefully, is right!
Thanks for your feedback Kathleen smile
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