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Section 12A: REFINANCE LOAN, SAME LENDER, SAME BORROWER (RESIDENTIAL 1-TO-4 FAMILY PROPERTY ONLY)
(A) Whenever a new loan policy is issued insuring Residential Real Property that is owner occupied (by a natural person or persons, and when all of the following conditions are met, the premium for the new loan policy shall be 70% (an additional 30% discount) of the applicable refinance rate calculated under Section 12 of this manual:
(1) the holder of the loan or the holder of the beneficial interest in the loan being refinanced is the same as the holder of (or the holder of the beneficial interest in) the new loan, including an affiliated entity or successor by merger, but not including a holder by assignment, unless the assignment is to an affiliated entity or successor by merger; and
(2) the new loan is a refinance of an existing loan by replacement with a new loan or a new loan consolidated with an existing loan; and
(3) the new loan policy is applied for at any time during the ownership of the property by the person or persons making the new loan; and
(4) all of the same or some of same persons and no additional persons who executed the existing loan being refinanced are executing the new loan; and
(5) the source of title into the parties who executed the loan being refinanced is the same as for the parties executing the new loan; and
(6) the new loan policy describes all of the same property or some of the same property and no additional property as is set forth in the loan being refinanced.
(B) For purpose of calculation of the premium, the 10-year limitation requirement applicable in Section 12 does not apply to this section.
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Section 12B: REFINANCE LOAN, SAME BORROWER, NEW LENDER (RESIDENTIAL 1-TO-4 FAMILY PROPERTY)
(A) Whenever a new loan policy is issued at any time insuring Residential Real Property that is owner occupied (by a natural person or persons) and when all of the following conditions are met, the premium for the new loan policy shall be 85% (an additional 15% discount) of the applicable refinance rate calculated under Section 12 of this manual:
(1) the holder of the loan or the beneficial interest in the loan being refinanced is NOT the same as the holder of the new loan; however, if the holder of the loan being refinanced is a successor by merger or by an assignment to an affiliated entity or a successor by merger of the holder of the loan being refinanced, Section 12A will apply; and
(2) the new loan is a refinance of an existing loan by replacement with a new loan or a new loan consolidated with an existing loan; and
(3) the new loan policy is applied for at any time during the ownership of the property by the person or persons executing the new loan; and
(4) all of the same or some of same persons and no additional persons who executed the existing loan being refinanced are executing the new loan; and
(5) the source of title into the parties who executed the loan being refinanced is the same as for the parties making the new loan; and
(6) the new loan policy describes the same property or some of the same property and no additional property as is set forth in the loan being refinanced.
(B) For purpose of calculation of the premium, the 10-year limitation requirement applicable in Section 12 does not apply to this section.
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