We used to say if the funds were improving the commercial part of the building with no benefit to the dwelling it was not reportable--in 2018 is a loan for improving a veterinary clinic that is under the same roof as an individual’s home reportable?
For mixed-use buildings, the closed-end mortgage loan would be reportable if the proceeds go toward either:
1. improving the whole property, or
2. primarily improving the residential portion of the property.
For example, if the loan were to replace the A/C for the whole building, or replace the floors on the residential side, then it would be reportable:
A closed-end mortgage loan or an open-end line of credit to improve a multifamily dwelling used for residential and commercial purposes (for example, a building containing apartment units and retail space), or the real property on which such a dwelling is located, is a home improvement loan if the loan's proceeds are used either to improve the entire property (for example, to replace the heating system), or if the proceeds are used primarily to improve the residential portion of the property. An institution may use any reasonable standard to determine the primary use of the loan proceeds. An institution may select the standard to apply on a case-by-case basis. See comment 3(c)(10)-3.ii for guidance on loans to improve primarily the commercial portion of a dwelling other than a multifamily dwelling.
Compliance Alliance offers a comprehensive suite of compliance management solutions.
To learn how to put them to work for your bank, call (888) 353-3933 or email email@example.com.