The brand new $fifty,000 financing try an excellent refinancing lower than 1003
2(p) Refinancing
step one. General. Section 1003.2(p) talks of an effective refinancing just like the a close-avoid home mortgage or an open-avoid credit line in which an alternate, dwelling-secured debt obligation meets and you will changes a current, dwelling-secured loans responsibility of the exact same debtor. Except once the explained in review 2(p)-2, whether a good refinancing has occurred is dependent on mention of the if, in line with the parties’ offer and applicable laws, the first financial obligation duty could have been fulfilled or changed because of the a good new personal debt duty. Perhaps the original lien is satisfied is irrelevant. Such as for example:
ii. Yet another open-prevent line of credit one touches and you will substitute a current signed-stop real estate loan was a beneficial refinancing less than 1003.2(p).
iii. Except because the revealed in review dos(p)-2, a new loans obligation one renews otherwise modifies the fresh new regards to, but that does not satisfy and you will replace, a current personal debt obligation, isnt an effective refinancing under 1003.2(p).
2. New york State consolidation, extension, and you will modification preparations. In which an exchange is done pursuant to some other York Condition integration, expansion, and you can amendment agreement in fact it is categorized because an extra home loan less than Nyc Income tax Laws point 255, in a fashion that new borrower owes shorter or no mortgage recording taxes, and you may where, but also for the newest agreement, the order could have found the definition of a great refinancing significantly less than 1003.2(p), the transaction is known as a great refinancing less than 1003.2(p). (more…)
