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Category Archives: Residential Real Estate Lending

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Transfers of Real Property for Estate Planning and Other Purposes and Their Effect on the Mortgage Lender

Posted in Commercial Real Estate Lending, Residential Real Estate Lending

I receive frequent inquiries from bank clients who are concerned because their mortgage borrower has requested permission to transfer the collateral real property to another entity. These requests commonly are made for estate planning purposes (though other reasons are often cited) and may involve transferring the property to other entities such as a trust. The… Continue Reading

Residential Lending and the Ability to Repay Rule

Posted in Residential Real Estate Lending

On January 10, 2013 the Consumer Financial Protection Bureau issued a rule imposing new requirements on residential mortgage lenders. The “Ability-to-Repay” rule was created to help implement certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act in an effort to enhance the reliability of residential mortgages by ensuring that underwriting standards address… Continue Reading

Documentary Stamp Tax: a Quick Review of the Basics

Posted in Commercial Lending, Commercial Real Estate Lending, Residential Real Estate Lending, State Tax Issues

Happy new year to our blog readers! In 2013, we are all hoping for an improved economy and, with it, an increase in the volume of commercial and consumer loans. Remember that Florida has certain transactional taxes for which lenders are the responsible collecting parties including documentary stamp taxes. In case you are new to… Continue Reading