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Need Help on ROR and Construction/Permanent Loans

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Question: 
I am having difficulty understanding Right of Rescission and TIL issues because there doesn't appear to be a black and white answer. My question is about Construction/Permanent ("CP") loans and what they need for rescission rights. I have been told that CP loans are not considered Retail Mortgage Transactions and thus do not require a Right of Rescission. However, what if the borrower owns the lot the home is being built on and uses it as equity in the loan transaction? Does it matter that these loans are CP loans that will automatically roll to permanent financing? (We do a one-time close.) I am just looking for "A Dummies Guide to ROR's" ... can anyone offer any insight? Also, I understand a ROR is needed for any new money in a transaction. I am not certain I understand what is considered "new money" in most transactions. If the borrower refinances their home, is the new money the amount above what the principle was prior to the pay off? Any and ALL information will be greatly appreciated.
Answer: 

You will find your answers by reviewing the definition of a Residential Mortgage Transaction in Reg Z's 226.2(a)(24) and its related Commentary. Construction/permanent loans are indeed Residential Mortgage Transactions (RMT), if they meet the definition cited above, and are exempt from the ROR. The permanent loan that replaces a construction only loan is also a RMT and exempt from the ROR.

Click here for a discussion on "new money." After reading this thread you should also review 226.23 and its Commentary and/or 226.15 for open-end credit.

First published on BankersOnline.com 7/24/06

First published on 07/24/2006

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