2(p) Refinancing
step one. General. Section 1003.2(p) defines a good refinancing given that a closed-prevent mortgage or an open-avoid line of credit where a new, dwelling-protected debt obligations joins and you can changes a preexisting, dwelling-secured loans obligation by same borrower. But as explained from inside the comment dos(p)-dos, whether or not good refinancing features happened depends upon mention of if, in line with the parties’ contract and you may applicable laws, the original obligations obligation has been met otherwise replaced of the an effective the latest financial obligation obligations. If the unique lien was met was irrelevant. For example:
ii. A unique discover-prevent credit line one to joins and you may substitute a current finalized-end home mortgage is an excellent refinancing around 1003.2(p).
iii. Except since explained from inside the comment dos(p)-2, a unique financial obligation obligation you to renews otherwise modifies new terms of, but that doesn’t fulfill and replace, a current debt responsibility, is not a great refinancing less than 1003.2(p).
dos. Ny Condition combination, expansion, and you may amendment plans. In which a transaction is completed pursuant to some other York State consolidation, extension, and you may amendment arrangement that’s classified while the an extra home loan around Ny Income tax Laws point 255, in a fashion that new borrower owes less if any financial recording fees, and you will in which, but also for the contract, the order would have found the word good refinancing below 1003.2(p), the transaction is considered a beneficial refinancing around 1003.2(p). Читать далее →