Indiana Construction Loan Agreements and Variations

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Multi-State
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US-CLA198
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"Construction Loan Agreements and Variations" is a American Lawyer Media form. This form is to be used as a construction loan agreement.

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  • Preview Construction Loan Agreements and Variations
  • Preview Construction Loan Agreements and Variations
  • Preview Construction Loan Agreements and Variations
  • Preview Construction Loan Agreements and Variations
  • Preview Construction Loan Agreements and Variations
  • Preview Construction Loan Agreements and Variations
  • Preview Construction Loan Agreements and Variations
  • Preview Construction Loan Agreements and Variations
  • Preview Construction Loan Agreements and Variations
  • Preview Construction Loan Agreements and Variations

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FAQ

A construction loan agreement is a legal contract between the lender and borrower that outlines how much money will be lent to the borrower, for what purpose, when the funds will be repaid and any other stipulations.

A construction loan only covers the cost of building a new home. This includes land purchases, contractor labor, materials and any permit fees. With a construction loan, the home must be completely built and have a certificate of occupancy issued on the property within one year, making it a short-term loan.

Generally, a loan or line of credit must be secured by a dwelling to be a covered loan. Regulation C also lists closed-end mortgage loans and open-end lines of credit secured only by vacant or unimproved land as excluded transactions.

A construction-only loan or line of credit is considered temporary financing and excluded from collection and reporting requirements under comment 3(c)(3)-2 if the loan or line of credit is extended to a person exclusively to construct a dwelling for sale. Comment 3(c)(3)-2 to Regulation C, 12 CFR § 1003.3(c)(3).

SBA 504/CDC loans are designed for the acquisition and renovation of fixed assets, like properties. You can borrow up to $5 million and pay it back over a fixed term of 10, 20 or 25 years. SBA 504 loans usually have some of the lowest interest rates on the market. The property under construction serves as collateral.

Loan or line of credit to construct a dwelling for sale. A construction-only loan or line of credit is considered temporary financing and excluded under § 1003.3(c)(3) if the loan or line of credit is extended to a person exclusively to construct a dwelling for sale.

Which type of loan transaction is NOT covered under the HMDA reporting requirements? Neither unsecured home improvement loans nor loans on unimproved land are covered transactions.

The temporary loan will be replaced by permanent financing of a much longer term when the old home is sold. Likewise, most construction loans are replaced by a permanent loan. It is the permanent financing from these scenarios that is reported for HMDA.

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Indiana Construction Loan Agreements and Variations