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Does the Truth in Lending Act apply to Hard Money from a Private Party?

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Latest post Mon, Oct 26 2009 11:20 PM by Harlan Cooper. 3 replies. Viewed 242 times.
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  • Sat, Oct 24 2009 11:10 PM                

    • Anonymous

    Does the Truth in Lending Act apply to what is called a hard money loan from private party? Loan was for $12,000.00 note that put a first lien on free and clear home.
  • Mon, Oct 26 2009 4:40 PM                 In reply to

    Typically it wouldn't, since it was not a FHA or conventional loan.  I would contact a local attorney if there are any legal information that you are looking for.

     

    Voyage Home Loans

    Mike Kim

  • Mon, Oct 26 2009 4:57 PM                 In reply to

    To the best of my knowledge Private Money does not fall under the TIL. Do consult an attorney with specific questions.

    Why did go to the Hard Money route in the first place?

    You could have taken a HELOC?

    If the terms of Hard Money Loan permit, get a HELOC and pay off the Hard Money Loan.

     

     

     

     

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  • Mon, Oct 26 2009 11:20 PM                 In reply to

    Reg Z is a complicated statute and may or may not apply to this transaction. Some of the things that would need to be considered is what the loan was used for and was the private party a creditor.

    If the loan was not for business purposes and the private party regularly lends money it is likely that the TILA would apply.

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