Top Legal Ease


Here are the top 10 Legal Ease questions of 2017! IBAT members have accessed the 600-plus Q&As from the Legal Ease archive more than 195,000 times. This compliance resource is available to our member banks anytime at no extra cost.

10

Should we be concerned that preparing certain documents “in house” constitutes an Unauthorized Practice of law? 
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9

We have income tax refunds being made via ACH to an account that is not in the name of the taxpayer receiving the refund. Can we accept the deposit?
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8

We just want to be sure about the Home Mortgage Disclosure Act (HMDA) reporting thresholds for 2016 and 2017. What is the new threshold? What about collecting and reporting the new “data points?” 
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7

Our applicant is an attorney who wants to add a large office and reception area on to his home to work out of fulltime. Is this application subject to TRID? 
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6

If we provide a Loan Estimate, and the applicant does not express their intent to proceed, do we have to provide either an Adverse Action Notice or a Notice of Incomplete Application within 30 days?
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5

We have a mortgage loan in which our borrower had “sold” the home under a contract for deed to the people living in the house. No surprise in that this blew up and all three parties ended up with attorneys. We have now reached a settlement in which we will allow the people in the home to assume the loan. Do we need to provide the people assuming the loan with disclosures?
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4

Simple question – Is a Texas home equity loan HMDA reportable?
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3

A bank originates a temporary construction loan with the intent to provide permanent financing (if the borrower does not find permanent financing elsewhere) when the home is completed. However, they do not do a one-time close. They close the construction loan and when the home has been completed, they document the permanent loan with a modification agreement. Is that HMDA reportable?
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2

Can a state bank take stock in that same bank as collateral? Can a state bank take stock in a holding company that owns that same bank as collateral?
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1

Wasn’t there a bill from the last legislative session (2015) that becomes effective this year (2017) that could impact the escheatment of deposit accounts and safe deposit box contents?
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