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Modular houses. Is really a modular house a manufactured house for purposes of Regulation C?
Response: For Regulation C reporting, a manufactured house is just one which fits the HUD rule, 12 CFR 203.2(i). The staff that is official shows that modular domiciles which can be prepared for occupancy once they leave the factory and satisfy every one of the HUD rule criteria are contained in the concept of „manufactured house”. 203.2(i)-1. The remark, and a previous FAQ on this website, have actually raised questions regarding whether a modular house must certanly be reported as a manufactured home or as a single- to dwelling that is four-family. Before the Board provides further guidance regarding modular houses, loan providers may, at their option, report a modular house as either a single- to four-family dwelling or being a manufactured house.
This FAQ supersedes the FAQ that is prior modular houses posted in December 2003.
Conditional loan-commitment that is approvals—customary loan-closing conditions. The commentary indicates that the organization reports a „denial” if an institution approves that loan at the mercy of underwriting conditions (apart from customary loan-commitment or loan-closing conditions) while the applicant will not satisfy them. See remark 4(a)(8)-4. Exactly what are customary loan-commitment or loan-closing conditions?
Response: Customary loan-commitment or loan-closing conditions consist of clear-title requirements, appropriate property study, appropriate name insurance coverage binder, clear termite examination, and, in which the applicant intends to make use of the arises from the purchase of just one house to acquire another, money declaration showing sufficient arises from the purchase. See feedback 2(b)-3 and 4(a)(8)-4. A job candidate’s failure to fulfill one particular conditions, or an analogous condition, causes the program to be coded „approved not accepted. ” Customary loan-commitment and loan-closing conditions try not to consist of (1) conditions that constitute a counter-offer, such as for example a demand for an increased down-payment; (2) underwriting conditions regarding the debtor’s creditworthiness, including satisfactory debt-to-income and loan-to-value ratios; or (3) verification or verification, in whatever type the financial institution ordinarily calls for, that the debtor fulfills underwriting conditions concerning debtor creditworthiness.
Conditional approvals—failure to fulfill creditworthiness conditions. Exactly just How should a loan provider rule „action taken” where in actuality the debtor doesn’t satisfy conditions creditworthiness that is concerning?
Response: If a credit decision will not be made together with debtor has expressly withdrawn, make use of the rule for „application withdrawn. ” That rule just isn’t otherwise available. See Appendix The, I.B.1.d. In the event that condition involves publishing extra information about creditworthiness the lending company has to make a credit choice as well as the applicant hasn’t taken care of immediately a demand for the extra information within the time permitted, use the rule for „file closed for incompleteness. ” See Appendix the, I.B.1.e. The loan provider calls for for the credit choice plus the lender denies the program or expands a counter-offer that the debtor will not accept, make use of the rule for „application denied. In the event that debtor has provided the information and knowledge” If the debtor has pleased the underwriting conditions of this loan provider additionally the loan provider agrees to increase credit however the loan just isn’t consummated, then make use of the rule for „application authorized although not accepted. „
As an example, then the application form must certanly be coded „file closed for incompleteness. If approval is trained on an effective assessment and, despite notice of this dependence on an assessment, the applicant decreases to acquire an assessment or will not answer the lending company’s notice, ” Then the lending company must utilize the rule for „application denied. If, having said that, the applicant obtains an assessment nevertheless the appraisal will not offer the thought loan-to-value ratio plus the loan provider is consequently perhaps not happy to expand the mortgage quantity looked for, ”
Refinancing — coverage vs. Reporting. Why exist two definitions of „refinancing, ” one for „coverage” and something for „reporting”?
Response: a loan provider makes use of the reporting definition, 203.2(k)(2), to ascertain whether or not to report a specific application, origination, or purchase as being a „refinancing” into the loan function industry; a loan provider utilizes the protection definition, 203.2(k)(1), to ascertain if the organization has enough house purchase loan task, including refinancings of house purchase loans, for the organization become included in HMDA. See 203.2(e)(1)(iii), 203.2(e)(2)(i) and (iii). The coverage definition is certainly not strongly related determining whether or not to report a specific transaction as a refinancing.
Refinancing — loan purpose. If an obligation satisfies and replaces another responsibility, could be the function of the changed responsibility strongly related whether or not the brand new responsibility is a reportable „refinancing” under Regulation C?
Response: No. The latest concept of a reportable refinancing looks simply to whether (1) an obligation satisfies and replaces another responsibility and (2) each responsibility is guaranteed by way of a dwelling. See 203.2(k)(2). Therefore, as an example, a satisfaction and replacement of that loan created for a small business function is a reportable refinancing if both the brand new loan therefore the replaced loan are guaranteed by way of a dwelling.
Refinancing— relative type of credit. In case a dwelling-secured type of credit satisfies and replaces another dwelling-secured responsibility, could be the line needed to be reported being a „refinancing”?
Response: No. A dwelling-secured credit line that satisfies and replaces another obligation that is dwelling-secured not essential to be reported as a „refinancing, ” no matter whether the line is for customer or company purposes.
Refinancing — guaranty secured by dwelling. If an obligation guaranteed by way of a dwelling is pleased and changed by an obligation by which a guaranty money tree hours associated with credit responsibility is guaranteed with a dwelling however the brand new credit responsibility is maybe not guaranteed with a dwelling, could be the transaction reportable under HMDA?
Response: No, a deal just isn’t reportable being a true home purchase loan or refinancing unless the credit responsibility, it self, is guaranteed by a dwelling. See 203.2(h), 203.2(k)(2). An responsibility maybe perhaps perhaps not secured with a dwelling is reportable as being a true do it yourself loan as long as categorized because of the loan provider as a house improvement loan. See 203.2(g)(2).
Refinancing — satisfaction of lien. Could be the satisfaction of a lien (mortgage) highly relevant to determining whether an responsibility is a refinancing that is reportable?
Response: No, the satisfaction of a lien is neither necessary nor adequate to generate a reportable refinancing. The credit obligation needs to be replaced and satisfied; it is really not relevant if the lien is pleased and changed. See 203.2(k)(2)
Refinancing — money down for do it yourself. Exactly exactly just How should a loan provider rule a loan that is dwelling-secured the borrower makes use of the funds both to pay back a current dwelling-secured loan and also to fix a dwelling?
Solution: a loan that is dwelling-secured satisfies the definitions of both „home enhancement loan” and „refinancing” should really be coded being a „home enhancement loan. „See comment 203.2(g)-5. The financial institution must code the mortgage being a „home enhancement loan” regardless if the loan provider will not classify it into the loan provider’s own documents as being a „home enhancement loan. ” See 203.2(g)(1).
MECAs. Should MECAs (Modification, Extension and Consolidation Agreements) be reported under HMDA as refinancings?
Response: No. The guideline is unchanged: MECAs aren’t reportable as refinancings under Regulation C. See 67 Fed. Reg. 7221, 7227 (Feb. 15, 2002). The relevant remark ended up being unintentionally omitted if the Commentary had been revised in 2002; the remark should be restored as soon as the Commentary is next revised.
Temporary Financing. When is financing „temporary financing” so that it is exempt from reporting?
Answer: The regulation listings as samples of short-term funding construction loans and connection loans. See 203.4(d)(3). Construction and connection loans are illustrative, maybe maybe perhaps not exclusive, types of short-term funding. The examples suggest that funding is short-term when it is built to be changed by permanent funding of the much long term. That loan just isn’t short-term funding simply because its term is short. For instance, a loan provider will make a loan with a term that is 1-year allow an investor to get a house, renovate it, and re-sell it ahead of the term expires. Such that loan must certanly be reported as being house purchase loan. See 203.2(h).
Reverse Mortgage—reporting. Does a loan provider need certainly to report informative data on applications and loans reverse that is involving?
Response: Reverse mortgages are susceptible to the rule that is general loan providers must report applications or loans that meet up with the concept of a house purchase loan, do it yourself loan, or refinancing ( see 12 C.F.R. § 203.2(g)-(h), (k)).
Note, but, that reporting is optional in the event that reverse mortgage (in addition to qualifying as home purchase loan, do it yourself loan, or refinancing) can also be a house equity personal credit line (HELOC). See 12 C.F.R. § 203.4()( that is c). The staff that is official to Regulation C states that the loan provider who opts to report a HELOC should report within the loan quantity industry just the part of the line designed for do it yourself or home purchase. See remark 4(a)(7)-3.
Program—In basic. A component for the concept of „preapproval demand” could be the presence of a „program. ” Just just just How could it be determined whether system exists?
Solution: A preapproval system exists if the procedures founded and utilized by the loan provider match those specified in 203.2(b)(2). An application, irrespective of its title, just isn’t a „preapproval system” for purposes of HMDA in the event that system will not meet up with the specs into the legislation. Because of the exact same token, a course might be a preapproval system for purposes of HMDA although it just isn’t therefore called. The real question is perhaps the loan provider frequently makes use of the procedures specified into the legislation. Those requests need not be treated as requests for preapproval under HMDA if a lender has not established procedures like those specified in the regulation, but considers requests for preapproval on an ad hoc basis. Failure to ascertain and consistently follow consistent procedures, but, may raise fair-lending and safety-and-soundness problems.
Program—Commitment letter issued on demand. In cases where a loan provider problems a consignment page just during the applicant’s demand, does the lending company have preapproval system?
Response: in case a loan provider will since an over-all matter problem written commitments underneath the terms and procedures described in 203.2(b)(2), then a loan provider includes a preapproval system irrespective if the loan provider provides written dedication to all applicants whom be eligible for preapproval or simply to those qualifying candidates who especially require dedication written down.
Preapproval demand approved and accepted, but loan not originated. Just How should a loan provider report a preapproval demand this has authorized where in actuality the debtor later identified a house towards the loan provider but that loan wasn’t originated?