Reply To: Workout Loans under the ATR rules


Here is a similar question posted in a forum a few weeks back.

§ 1026.43 does not apply to any change to an existing loan that is not treated as a refinancing under § 1026.20(a). However, the commentary doesn’t address what to do in your particular situation regarding an open-end in default modified to a closed end. IMO, this would be worth consulting your attorney before you implement a new procedure for these types of transactions. Either way – refinancing or modification – you would need to give new disclosures. See commentary 1026.40 -5