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Posted

Does anyone see a problem with the 401(k) loan when the primary residence is changed to a rental? He doesn't want to sell right now because of the market.

Second question: Can he take out a second home loan to purchase a home in the town he has been transferred to?

Posted

Not necessarily. Typically, the requirements apply at the time the loan is issue. It's still secured by 1/2 the loan balance, but the residence requirement allows the payments to extend beyond 5 years.

Good Luck!

CPC, QPA, QKA, TGPC, ERPA

Posted

Code 72(p)(2)(B)(ii) actually includes the words "(determined at the time the loan is made)".

As to more than one residental loan at a time, look to your plan document or plan loan rules. Do you permit multiple loans? Be careful to distinguish whether you permit refinancings versus separate new loans as that may or may not change the outcome.

Kurt Vonnegut: 'To be is to do'-Socrates 'To do is to be'-Jean-Paul Sartre 'Do be do be do'-Frank Sinatra

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