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#2116703 - 02/02/17 04:07 PM Loan Modification and Appraisal
ahou Offline
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ahou
Joined: Aug 2002
Posts: 3,094
If the bank suspends a HELOC and 2 months later modifies it into a repayment plan (customer is not delinquent at the time), doesn't the bank have to give the appraisal notice and a copy of the appraisal (new appraisal was done) to the customer?
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Lending Compliance
#2116709 - 02/02/17 04:19 PM Re: Loan Modification and Appraisal ahou
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,886
Bloomington, IN
If the HELOC was modified into a closed-end credit then under Reg. Z that would be a refinancing and all applicable closed-end disclosures would be required.
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#2116712 - 02/02/17 04:27 PM Re: Loan Modification and Appraisal ahou
ahou Offline
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ahou
Joined: Aug 2002
Posts: 3,094
If the HELOC was modified before it matured (repayment plan, no further draws, extended the term) and no new note or mortgage, it would require closed-end disclosures? The mortgage is a multiple indebtedness mortgage.
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#2116773 - 02/02/17 06:26 PM Re: Loan Modification and Appraisal ahou
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,886
Bloomington, IN
The mortgage has nothing to do with it.

If the open-end obligation is modified into a closed-end obligation then you have a refinancing.

From the Commentary to 1026.40:

iii. If the consumer and creditor enter into an agreement during the draw period to repay all or part of the principal balance and the amount of available credit will not be replenished as the principal balance is repaid, the creditor must give closed-end credit disclosures pursuant to subpart C for that new agreement. In such cases, subpart B, including the substantive rules, does not apply to the closed-end credit transaction, although it will continue to apply to any remaining open-end credit available under the plan.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2116868 - 02/02/17 10:55 PM Re: Loan Modification and Appraisal ahou
ahou Offline
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ahou
Joined: Aug 2002
Posts: 3,094
Thanks for the info.
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