The latest $50,000 loan try a good refinancing under 1003
2(p) Refinancing
1. Standard. Part 1003.2(p) represent a refinancing as the a sealed-prevent mortgage otherwise an open-prevent personal line of credit in which a different sort of, dwelling-secure debt duty suits and replaces a current, dwelling-secured loans responsibility by the same borrower. But while the explained within the feedback 2(p)-2, whether an effective refinancing provides happened relies upon reference to if or not, in accordance with the parties’ offer and you will appropriate laws, the first financial obligation responsibility has been came across otherwise replaced because of the a great new loans obligation. If the amazing lien is actually fulfilled is actually unimportant. Eg:
ii. An alternate unlock-avoid credit line one to touches and you will changes a preexisting signed-prevent real estate loan is actually a great refinancing lower than 1003.2(p).
iii. Except as the discussed inside remark dos(p)-2, an alternative loans obligation you to renews or modifies this new terms of, but that doesn’t satisfy and you may exchange, a preexisting loans responsibility, isnt an effective refinancing less than 1003.2(p).
dos. New york Condition consolidation, extension, and you will amendment plans. Where a deal is performed pursuant to some other York County consolidation, expansion, and you will modification contract and is classified because an extra financial significantly less than Nyc Taxation Rules point 255, in a manner that the latest borrower owes faster or no mortgage tape taxes, and where, however for the newest arrangement, the transaction could have satisfied the definition of good refinancing under 1003.2(p), your order is a refinancing less than 1003.2(p).
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