Overall, expansion off credit less than 1003Extension out-of borrowing
1. Dwelling-protected. Area 1003.2(d) talks of a sealed-avoid mortgage once the an expansion out-of borrowing from the bank which is secure because of the an effective lien into the a home in fact it is perhaps not an open-prevent personal line of credit lower than 1003.2(o). Therefore, such as for instance, a loan to order a home and you may secure merely by the a good individual make certain is not a closed-end real estate loan because it is perhaps not dwelling-covered.
2. Lower than 1003.2(d), a home-covered financing is not a closed-stop real estate loan until it requires an extension out of borrowing from the bank. Such as, some deals done pursuant in order to cost transformation agreements, such as for example some residential property deals, according to activities and you will facts, may or may not cover extensions away from borrowing from the bank leaving the new transactions closed-stop mortgage loans. 2(d) refers to the granting from borrowing just pursuant to a different debt duty. Hence, except since discussed inside the comments dos(d)-2.i and you will .ii, in the event that a transaction modifies, renews, extends, otherwise amends the fresh regards to a preexisting loans obligation, nevertheless existing personal debt obligations is not satisfied and you can replaced, the transaction isnt a closed-avoid home loan not as much as 1003.2(d) as there has been zero the extension out-of credit. The word extension from credit therefore is set in another way not as much as Control C than simply under Regulation B, twelve CFR part 1002.
i. Presumptions. To possess reason for Controls C, an assumption try a transaction in which a place enters a written arrangement recognizing a special debtor in lieu of an enthusiastic established debtor since obligor towards the an existing personal debt duty. To possess purposes of Controls C, presumptions were successor-in-attention transactions, where just one work the previous owner while the possessions owner and then assumes on the existing obligations secure of the assets. Devam