HMDA
What makes a loan application HMDA-Reportable?
Approximate Completion Time: 10 minutes
1
The CFPB enforces Regulation C
which implements the
Home Mortgage Disclosure Act (HMDA)
2
Regulation C requires lending institutions
to collect, report, and disclose
information about their mortgage lending
activity.
3
HMDA
Pronounced (hum-dah)
1. Help lenders serve community needs
2. Inform policy and decision making
3. Help identify possible discriminatory
lending practices
HMDA data is
collected to:
4
5
COURSE MAP HMDA Reportable Loan Applications
What makes
a loan
application
HMDA
reportable?
Purpose ExclusionsCollateral
(Dwelling)
Not
HMDA
Reportable
HMDA
Reportable
Why is it important for a lending institution
to report loan applications reliably?
Because unreliable HMDA data results in
mandated corrections, re-submissions and/or
monetary penalties.
6
The main properties that qualify a loan
request to be HMDA-Reportable are its:
Purpose
&
Collateral
7
*Of a dwelling
8
Three Loan Purposes are defined
by HMDA*
1. Purchase
2. Remodel/Improvement
3. Refinance
Loan Purpose
9
For purpose of HMDA Reporting,
collateral is a lien on a dwelling.*
Collateral
*For HMDA, a dwelling is a
place where people live – learn
more in the next section.
A loan application is HMDA-Reportable if the loan will be
secured by a lien on a dwelling, meets purpose criteria, and is
not excluded for any HMDA-specified reason.
10
HMDA-Reportable Loans
(Applications/Transactions)
The main driver for a loan application to be considered HMDA-Reportable is
for it to be secured by a lien on a dwelling (collateral). For HMDA purposes,
you will learn about the three major categories of dwellings.
Dwellings
It is also important to note that for
HMDA purposes, a dwelling is not
limited to the principal or other
residence of the applicant or
borrower. Can include vacation or
second homes and investment
properties.
Single Family
structures
Mixed Use
Structures
Multifamily
Structures
The Three HMDA Dwelling Categories
Dwellings
12
1 2 3
Single Family Multifamily Mixed Use Properties
 Principal residences
 Second homes
 Vacation homes
 Manufactured homes
 Investment properties
 Individual condos
 Cooperative units
 Apartment buildings
 Manufactured home
communities
 Condo buildings
 Cooperative buildings
 Retirement communities
 Permanent assisted residences
 Retail with residential rental
apartments in same
structure
 Restaurant ground floor
with residential apartments
on upper floors
Examples Examples Examples
Examples of “HMDA” dwellingsDwellings
13
Click each
to view
Single Family Multifamily or Others Mixed Use Properties
 Transitory residences
 Recreational vehicles
 Boats
 RVs
 Houseboats
 Older mobile homes (pre
1977)
 Transitory residences
 Hotels
 Hospitals
 College Dorms
 RV parks
 The total square footage
for the residential portion
is less than 50% of the
commercial portion.
 Gross revenue for the
residential portion is less
than 50% of the
commercial portion.
Examples Examples Examples
Examples of non-HMDA dwellingsDwellings
14
Click each
to view
Yes
No
Yes
Office Building w/ Apartments
Bottom floor is an office suite for a
real estate company. The remaining
five floors are condominiums.
FI CAPPA DAPPA
Frat House at DYU where some
residents have resided over six years!
Restaurant with Upper Apartment
Restaurant = 1200 sqft.
Apartment = 1400 sqft.
?
?
?
Click each below
Because this is a mixed-use purpose property with
the majority square footage dedicated to
residential living.
Because a Frat house is a temporary residence –
eventually they will all graduate then move back
home!
Because this is a mixed-use property where the
majority of use is residential.
Dwellings
15
Is it a dwelling?
Yes
No
HOTEL
A large metropolitan hotel.
Mobile Home
Permanent home for Bill
Smithers.
?
?
Click each below
Because a hotel is not a permanent residence for
its guests.
Because this is a multi-family structure for
residential use.
Yes?
Because this is a permanent residence.
12-UNIT APARTMENT BUILDING
Multi-family structure.
Dwellings
16
Is it a dwelling?
Next: LOAN CHECK
Determine if the following would be HMDA Reportable
17
18
A commercial loan
application for a non-
profit church to finance
the purchase of an
assisted living and
retirement group home
for the elderly.
HMDA Reportable?
Answer >>
This loan application
would be considered
HMDA-Reportable
because the residence is
considered permanent.
Yes HMDA Reportable
Click to
view
Answer
19
A commercial loan
application for a non-
profit church to finance
the purchase of a group
home as a shelter for
battered women.
HMDA Reportable?
Answer >>
Not HMDA Reportable
This loan application
would not be HMDA-
Reportable because the
residence is considered
temporary in nature.
Loan applications are HMDA reportable if they meet the criteria of one
of the purposes below:
Dwelling Purchase
Dwelling Remodel Improvement
Dwelling Refinance
 Including Cash-Out Refinancing
Loan Purpose
20
Refinance
Tips
1) Am I paying off a loan secured
with a dwelling?
2) Am I executing a new note?
3) Will the new loan be secured
by a dwelling and new loan is to
the same borrower and in the
same name?
21
If all
three
are
Yes
The loan
application is
HMDA
Reportable
Ask Three Questions
Next: LOAN CHECK
Determine if the following would be HMDA Reportable
22
23
A borrower owns an
apartment building free
and clear and is
requesting cash out for
improvement on a
different apartment
building.
HMDA Reportable?
Answer >>
This loan application is
reportable as a home
improvement loan
because the proceeds are
primarily for
improvements on a
dwelling.
Yes HMDA Reportable
24
A business customer
who first purchase
property for cash, then
applies for a mortgage
loan using the dwelling
as collateral.
HMDA Reportable?
Answer >>
This loan application is
not HMDA-Reportable
because the borrower
previously purchased the
property – it is not a
refinance because the
loan is not satisfying a
prior lien.
Not HMDA Reportable
Exclusions
To be HMDA Reportable, a
loan application must not be
excluded by one of the other
exclusion purposes.
HMDA
Reportable
25
Agriculture Other Exclusions
Exclusions – Makes a Loan Not HMDA-Reportable
Exclusions
26
Property used primarily
for agriculture, even
with a dwelling, is not
HMDA-Reportable
1. Secured by a lien on unimproved land
2. Temporary financing to be replaced by
permanent later
Next: LOAN CHECK
Determine if the following would be HMDA Reportable
27
28
A new Ag borrower
would like to take out a
loan to purchase a dairy
farm that includes a
farm house for her
family.
HMDA Reportable?
Answer >>
This loan application is
not HMDA-Reportable
because the property will
be used primarily for
agriculture purposes.
Not HMDA Reportable
29
You take a lien on a business
owner’s personal residence as an
abundance of caution. The
business owner, however, has an
outstanding balance on an existing
home equity line of credit on his
property. The Bank does not want
to be in third position, so the you
propose an increase in the loan
amount and pay off the second.
HMDA Reportable?
Answer >>
The loan is now a HMDA-
reportable refinance, provided
that both the old and the new
loan are secured by a dwelling.
Yes HMDA Reportable
30
An existing business borrower
would like to reduce the rate on his
commercial term loan that is
secured with his rental property.
The new loan will be secured by
the same rental property. In order
to reduce the interest rate, the
borrower will be signing a debt
modification agreement.
HMDA Reportable?
Answer >>
In order to report a loan as a
refinance, a new note must be
executed. In this case, since a
new note isn’t executed, the
loan will not be HMDA
reportable.
Not HMDA Reportable
31
Borrower requests a refinance of a
Farm Loan secured by a 25-acre
property with a dwelling, and the
dwelling is on ½ acre, so the
primary purpose is agricultural.
HMDA Reportable?
Answer >>
The new law excludes
properties used primarily for
agriculture from being
HMDA Reportable.
Not HMDA Reportable
32
Commercial customer is
purchasing a strip mall that
contains 8 retail businesses on the
first floor and apartments on the
second floor. The square footage
of the retail shops total 10,000 sq.
feet and the total square footage of
the apartments is 6,000 sq. feet.
There is an additional residence
located on the property and is not
attached to the other structure.
HMDA Reportable?
Answer >>
This loan application is HMDA
Reportable even though the
retail space in the first structure
contains a majority of retail
space.
However, since the additional
residence is not attached to the
structure containing the retail
space, the loan application is
HMDA Reportable.
Yes HMDA Reportable
END
33
Please close this presentation

Hmda - Home Mortgage Disclosure Act for Lending Professionals

  • 1.
    HMDA What makes aloan application HMDA-Reportable? Approximate Completion Time: 10 minutes 1
  • 2.
    The CFPB enforcesRegulation C which implements the Home Mortgage Disclosure Act (HMDA) 2
  • 3.
    Regulation C requireslending institutions to collect, report, and disclose information about their mortgage lending activity. 3
  • 4.
    HMDA Pronounced (hum-dah) 1. Helplenders serve community needs 2. Inform policy and decision making 3. Help identify possible discriminatory lending practices HMDA data is collected to: 4
  • 5.
    5 COURSE MAP HMDAReportable Loan Applications What makes a loan application HMDA reportable? Purpose ExclusionsCollateral (Dwelling) Not HMDA Reportable HMDA Reportable
  • 6.
    Why is itimportant for a lending institution to report loan applications reliably? Because unreliable HMDA data results in mandated corrections, re-submissions and/or monetary penalties. 6
  • 7.
    The main propertiesthat qualify a loan request to be HMDA-Reportable are its: Purpose & Collateral 7
  • 8.
    *Of a dwelling 8 ThreeLoan Purposes are defined by HMDA* 1. Purchase 2. Remodel/Improvement 3. Refinance Loan Purpose
  • 9.
    9 For purpose ofHMDA Reporting, collateral is a lien on a dwelling.* Collateral *For HMDA, a dwelling is a place where people live – learn more in the next section.
  • 10.
    A loan applicationis HMDA-Reportable if the loan will be secured by a lien on a dwelling, meets purpose criteria, and is not excluded for any HMDA-specified reason. 10 HMDA-Reportable Loans (Applications/Transactions)
  • 11.
    The main driverfor a loan application to be considered HMDA-Reportable is for it to be secured by a lien on a dwelling (collateral). For HMDA purposes, you will learn about the three major categories of dwellings. Dwellings It is also important to note that for HMDA purposes, a dwelling is not limited to the principal or other residence of the applicant or borrower. Can include vacation or second homes and investment properties.
  • 12.
    Single Family structures Mixed Use Structures Multifamily Structures TheThree HMDA Dwelling Categories Dwellings 12 1 2 3
  • 13.
    Single Family MultifamilyMixed Use Properties  Principal residences  Second homes  Vacation homes  Manufactured homes  Investment properties  Individual condos  Cooperative units  Apartment buildings  Manufactured home communities  Condo buildings  Cooperative buildings  Retirement communities  Permanent assisted residences  Retail with residential rental apartments in same structure  Restaurant ground floor with residential apartments on upper floors Examples Examples Examples Examples of “HMDA” dwellingsDwellings 13 Click each to view
  • 14.
    Single Family Multifamilyor Others Mixed Use Properties  Transitory residences  Recreational vehicles  Boats  RVs  Houseboats  Older mobile homes (pre 1977)  Transitory residences  Hotels  Hospitals  College Dorms  RV parks  The total square footage for the residential portion is less than 50% of the commercial portion.  Gross revenue for the residential portion is less than 50% of the commercial portion. Examples Examples Examples Examples of non-HMDA dwellingsDwellings 14 Click each to view
  • 15.
    Yes No Yes Office Building w/Apartments Bottom floor is an office suite for a real estate company. The remaining five floors are condominiums. FI CAPPA DAPPA Frat House at DYU where some residents have resided over six years! Restaurant with Upper Apartment Restaurant = 1200 sqft. Apartment = 1400 sqft. ? ? ? Click each below Because this is a mixed-use purpose property with the majority square footage dedicated to residential living. Because a Frat house is a temporary residence – eventually they will all graduate then move back home! Because this is a mixed-use property where the majority of use is residential. Dwellings 15 Is it a dwelling?
  • 16.
    Yes No HOTEL A large metropolitanhotel. Mobile Home Permanent home for Bill Smithers. ? ? Click each below Because a hotel is not a permanent residence for its guests. Because this is a multi-family structure for residential use. Yes? Because this is a permanent residence. 12-UNIT APARTMENT BUILDING Multi-family structure. Dwellings 16 Is it a dwelling?
  • 17.
    Next: LOAN CHECK Determineif the following would be HMDA Reportable 17
  • 18.
    18 A commercial loan applicationfor a non- profit church to finance the purchase of an assisted living and retirement group home for the elderly. HMDA Reportable? Answer >> This loan application would be considered HMDA-Reportable because the residence is considered permanent. Yes HMDA Reportable Click to view Answer
  • 19.
    19 A commercial loan applicationfor a non- profit church to finance the purchase of a group home as a shelter for battered women. HMDA Reportable? Answer >> Not HMDA Reportable This loan application would not be HMDA- Reportable because the residence is considered temporary in nature.
  • 20.
    Loan applications areHMDA reportable if they meet the criteria of one of the purposes below: Dwelling Purchase Dwelling Remodel Improvement Dwelling Refinance  Including Cash-Out Refinancing Loan Purpose 20
  • 21.
    Refinance Tips 1) Am Ipaying off a loan secured with a dwelling? 2) Am I executing a new note? 3) Will the new loan be secured by a dwelling and new loan is to the same borrower and in the same name? 21 If all three are Yes The loan application is HMDA Reportable Ask Three Questions
  • 22.
    Next: LOAN CHECK Determineif the following would be HMDA Reportable 22
  • 23.
    23 A borrower ownsan apartment building free and clear and is requesting cash out for improvement on a different apartment building. HMDA Reportable? Answer >> This loan application is reportable as a home improvement loan because the proceeds are primarily for improvements on a dwelling. Yes HMDA Reportable
  • 24.
    24 A business customer whofirst purchase property for cash, then applies for a mortgage loan using the dwelling as collateral. HMDA Reportable? Answer >> This loan application is not HMDA-Reportable because the borrower previously purchased the property – it is not a refinance because the loan is not satisfying a prior lien. Not HMDA Reportable
  • 25.
    Exclusions To be HMDAReportable, a loan application must not be excluded by one of the other exclusion purposes. HMDA Reportable 25
  • 26.
    Agriculture Other Exclusions Exclusions– Makes a Loan Not HMDA-Reportable Exclusions 26 Property used primarily for agriculture, even with a dwelling, is not HMDA-Reportable 1. Secured by a lien on unimproved land 2. Temporary financing to be replaced by permanent later
  • 27.
    Next: LOAN CHECK Determineif the following would be HMDA Reportable 27
  • 28.
    28 A new Agborrower would like to take out a loan to purchase a dairy farm that includes a farm house for her family. HMDA Reportable? Answer >> This loan application is not HMDA-Reportable because the property will be used primarily for agriculture purposes. Not HMDA Reportable
  • 29.
    29 You take alien on a business owner’s personal residence as an abundance of caution. The business owner, however, has an outstanding balance on an existing home equity line of credit on his property. The Bank does not want to be in third position, so the you propose an increase in the loan amount and pay off the second. HMDA Reportable? Answer >> The loan is now a HMDA- reportable refinance, provided that both the old and the new loan are secured by a dwelling. Yes HMDA Reportable
  • 30.
    30 An existing businessborrower would like to reduce the rate on his commercial term loan that is secured with his rental property. The new loan will be secured by the same rental property. In order to reduce the interest rate, the borrower will be signing a debt modification agreement. HMDA Reportable? Answer >> In order to report a loan as a refinance, a new note must be executed. In this case, since a new note isn’t executed, the loan will not be HMDA reportable. Not HMDA Reportable
  • 31.
    31 Borrower requests arefinance of a Farm Loan secured by a 25-acre property with a dwelling, and the dwelling is on ½ acre, so the primary purpose is agricultural. HMDA Reportable? Answer >> The new law excludes properties used primarily for agriculture from being HMDA Reportable. Not HMDA Reportable
  • 32.
    32 Commercial customer is purchasinga strip mall that contains 8 retail businesses on the first floor and apartments on the second floor. The square footage of the retail shops total 10,000 sq. feet and the total square footage of the apartments is 6,000 sq. feet. There is an additional residence located on the property and is not attached to the other structure. HMDA Reportable? Answer >> This loan application is HMDA Reportable even though the retail space in the first structure contains a majority of retail space. However, since the additional residence is not attached to the structure containing the retail space, the loan application is HMDA Reportable. Yes HMDA Reportable
  • 33.