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#35142 - 09/30/02 06:35 PM Abundance of Caution RE loans
Love those Regs Offline
Gold Star
Joined: Apr 2002
Posts: 297
Southern State
Does anyone have a quick reference for what documents can be "exempt" when real estate is taken as an abundance of caution on a loan? I know flood determinations must still be done but what about all the others?
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Lending Compliance
#35143 - 09/30/02 06:42 PM Re: Abundance of Caution RE loans
Anonymous
Unregistered

I'm pretty sure appraisals are exempt.

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#35144 - 09/30/02 06:56 PM Re: Abundance of Caution RE loans
BankerInAL Offline
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BankerInAL
Joined: Sep 2002
Posts: 13
Alabama
Anonymous is correct. Appraisals are exempt if the collateral is taken as an abundance of caution (see the FDIC Dos manual for full discussion). Flood certs are still required and flood insurance if applicable. We also require a Phase I ESA if the loan is over $500M.

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#35145 - 09/30/02 09:01 PM Re: Abundance of Caution RE loans
Anonymous
Unregistered

You need to look at the collateral taken as being security when you prepare your disclosures. For example, the original loan is $50,000 for personal purposes. If not secured by RE would be exempt from Reg Z, RESPA, Flood, etc. Not we add on the RE as an abundance of caution. Reg Z, RESPA and Flood now apply. Lenders have a problem with this type loan because they think it isn't really secured by the extra collateral. Sometimes they say, we aren't even recording the mortgage, but that doesn't matter, it's still secured.

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