Refinance Agreement for the United States

Refinance Agreement Template for United States

A Refinance Agreement is a legal document used in the United States that outlines the terms and conditions for replacing an existing loan with a new loan, typically with more favorable terms. The agreement is governed by federal regulations including TILA, RESPA, and state-specific lending laws. It details the new loan terms, interest rates, payment schedules, and any security arrangements, while ensuring compliance with consumer protection requirements and disclosure obligations.

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What is a Refinance Agreement?

The Refinance Agreement is utilized when a borrower seeks to modify their existing loan terms, typically to secure better interest rates, adjust payment terms, or access equity. This document, governed by U.S. federal and state laws, establishes the new lending relationship while terminating or modifying the previous loan agreement. The Refinance Agreement includes crucial information about loan terms, security arrangements, borrower obligations, and required disclosures, ensuring compliance with TILA, RESPA, and other applicable regulations. It's particularly important in real estate financing but can also be used for other types of loans.

What sections should be included in a Refinance Agreement?

1. Parties: Identification and details of the lender and borrower

2. Background: Details of the original loan agreement and reasons for refinancing

3. Definitions: Key terms and their meanings used throughout the agreement

4. Loan Terms: Principal amount, interest rate, payment schedule, and maturity date of the refinanced loan

5. Security: Description of collateral and security arrangements securing the refinanced loan

6. Representations and Warranties: Statements of fact by borrower regarding their financial situation and ability to repay

7. Covenants: Ongoing obligations of the borrower during the term of the refinanced loan

8. Events of Default: Circumstances constituting default and available remedies

9. Governing Law: Jurisdiction and applicable law governing the agreement

What sections are optional to include in a Refinance Agreement?

1. Insurance Requirements: Specific insurance obligations for secured property or other assets

2. Prepayment Provisions: Terms and conditions for early repayment of the refinanced loan

3. Tax Provisions: Specific tax-related obligations and arrangements

4. Assignment and Transfer: Terms governing the transfer or assignment of the loan

What schedules should be included in a Refinance Agreement?

1. Schedule A - Payment Schedule: Detailed amortization schedule for the refinanced loan

2. Schedule B - Property Description: Detailed description of any secured property

3. Schedule C - Original Loan Documents: Copies or references to original loan agreement being refinanced

4. Schedule D - Truth in Lending Disclosure: Required federal disclosures under TILA

5. Schedule E - Fee Schedule: Breakdown of all fees and charges associated with the refinancing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law requiring accurate disclosure of loan terms and costs, and governing consumer rights in credit transactions

Real Estate Settlement Procedures Act (RESPA): Federal law regulating real estate settlement processes and requiring specific disclosures about mortgage servicing and escrow accounts

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending and ensuring fair access to credit

Fair Credit Reporting Act (FCRA): Federal law governing the use of credit reports in lending decisions and providing consumer protections regarding credit information

Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal law establishing additional consumer protections and creating ability-to-repay requirements for lenders

State Usury Laws: State-specific laws regulating maximum interest rates and loan charges that can be assessed on refinance agreements

State Mortgage and Lending Regulations: State-specific rules governing mortgage lending and refinancing practices within the particular state's jurisdiction

State Recording Requirements: State-specific requirements for recording mortgage and refinancing documents with local authorities

State Disclosure Requirements: State-specific rules about what information must be disclosed to borrowers during the refinancing process

Uniform Commercial Code (UCC): Standardized set of business laws regulating financial contracts and transactions across all states

Federal Reserve Board Regulations: Banking regulations that affect lending practices and financial institution operations in refinancing transactions

Consumer Financial Protection Bureau (CFPB) Guidelines: Federal agency guidelines providing additional consumer protections and requirements for mortgage refinancing

Securities Laws: Federal and state laws governing the securitization of mortgage loans, applicable if the refinanced loan will be securitized

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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