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Modular homes. Is just a home that is modular manufactured house for purposes of Regulation C?
Response: For Regulation C reporting, a manufactured house is one which fulfills the HUD rule, 12 CFR 203.2(i). The staff that is official shows that modular domiciles which can be prepared for occupancy if they leave the factory and satisfy every one of the HUD rule criteria are within the concept of “manufactured home”. 203.2(i)-1. The remark, and a previous FAQ on this web site, have raised questions regarding whether a modular house ought to be reported as a manufactured home or as a single- to four-family dwelling. Until the Board provides further guidance regarding modular houses, lenders 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 domiciles published in December 2003.
Conditional approvals—customary loan-commitment or loan-closing conditions. The commentary shows that an organization states a “denial” if an institution approves that loan susceptible to underwriting conditions (apart from customary loan-commitment or conditions that are loan-closing while the applicant doesn’t fulfill them. See remark 4(a)(8)-4. Exactly what are customary loan-closing or loan-commitment conditions?
Response: Customary loan-commitment or loan-closing conditions consist of clear-title demands, acceptable home study, appropriate name insurance binder, clear termite assessment, and, in which the applicant intends to make use of the arises from the purchase of 1 house purchasing another, a settlement declaration showing sufficient arises from the purchase. See feedback 2(b)-3 and 4(a)(8)-4. A job candidate’s failure to meet up those types of conditions, or a condition that is analogous causes the applying to be coded “approved not accepted. ” Customary loan-commitment and loan-closing conditions don’t add (1) conditions that constitute a counter-offer, such as for instance a need for an increased down-payment; (2) underwriting conditions in regards to the debtor’s creditworthiness, including satisfactory debt-to-income and loan-to-value ratios; or (3) verification or verification, in whatever kind the financial institution ordinarily requires, that the debtor fulfills underwriting conditions borrower creditworthiness that is concerning.
Conditional approvals—failure to fulfill creditworthiness conditions. Just How should a loan provider rule “action taken” where in actuality the debtor will not satisfy conditions creditworthiness that is concerning?
Response: in cases where a credit choice will not be made in addition to debtor has expressly withdrawn, utilize the rule for “application withdrawn. ” That rule just isn’t otherwise available. See Appendix The, I.B.1.d. The lender has to produce a credit choice additionally the applicant has not yet responded to a demand for the more information in the time permitted, use the rule for “file closed for incompleteness. If the condition involves submitting more information about creditworthiness” See Appendix the, I.B.1.e. If the debtor has supplied the info the financial institution calls for for the credit choice and also the loan provider denies the application form or runs a counter-offer that the debtor will not accept, make use of the code for “application denied. ” If the debtor has pleased the underwriting conditions associated with loan provider therefore the loan provider agrees to give credit however the loan is not consummated, then make use of the rule for “application authorized although not accepted. “
As an example, if approval is trained on an effective assessment and, despite notice for the requirement for an assessment, the applicant decreases to have an assessment or doesn’t answer the lending company’s notice, then your application must certanly be coded “file closed for incompleteness. ” Then the lending company must make use of the rule for “application rejected. If, having said that, the applicant obtains an assessment nevertheless the assessment will not support the thought loan-to-value ratio in addition to loan provider is consequently maybe not ready to expand the mortgage quantity wanted, ”
Refinancing — coverage vs. Reporting. Why is there two definitions of “refinancing, ” one for “coverage” plus one for “reporting”?
Response: a loan provider utilizes the reporting definition, 203.2(k)(2), to ascertain whether or not to report a certain application, origination, or purchase being a “refinancing” into the loan purpose field; a lender makes use of the protection definition, 203.2(k)(1), to ascertain perhaps the organization has adequate house purchase loan task, including refinancings of home purchase loans, for the organization become included in HMDA. See 203.2(e)(1)(iii), 203.2(e)(2)(i) and (iii). The protection meaning just isn’t strongly related determining whether or not to report a specific deal being a refinancing.
Refinancing — loan purpose. If an obligation satisfies and replaces another responsibility, could be the purpose of the changed obligation strongly related whether the obligation that is new a reportable “refinancing” under Regulation C?
Response: No. This new concept of a reportable refinancing appears simply to whether (1) an obligation satisfies and replaces another responsibility and (2) each obligation is guaranteed by way of a dwelling. See 203.2(k)(2). Therefore, for instance, a satisfaction and replacement of financing created for a company function is a refinancing that is reportable both the brand new loan plus the replaced loan are guaranteed with a dwelling.
Refinancing — type of credit. In case a dwelling-secured type of credit satisfies and replaces another dwelling-secured responsibility, could be the line expected to be reported as being a “refinancing”?
Response: No. A dwelling-secured personal credit line that satisfies and replaces another obligation that is dwelling-secured not necessary to be reported being a “refinancing, ” no matter whether the line is actually for customer or company purposes.
Refinancing — guaranty secured by dwelling. If a responsibility secured with a dwelling is pleased and changed by the obligation for which a guaranty for the credit responsibility is guaranteed by way of a dwelling nevertheless the brand new credit obligation is maybe maybe maybe not guaranteed by a dwelling, may be the transaction reportable under HMDA?
Answer: No, a deal just isn’t reportable as being home purchase loan or refinancing unless the credit responsibility, it self, is guaranteed by way of a dwelling. See h that is 203.2(, 203.2(k)(2). A responsibility maybe perhaps not guaranteed by a dwelling is reportable as being 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 the lien (mortgage) highly relevant to determining whether an obligation 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 responsibility needs to be pleased and changed; it is really not appropriate perhaps the lien is pleased and replaced. See 203.2(k)(2)
Refinancing — money down for do it yourself. Just just How should a loan provider rule a loan that is dwelling-secured the debtor utilizes the funds both to pay back a current dwelling-secured loan also to help with a dwelling?
Response: a loan that is dwelling-secured satisfies the definitions of both “home enhancement loan” and “refinancing” should really be coded as a “home enhancement loan. “See comment 203.2(g)-5. The financial institution must code the mortgage as being a “home enhancement loan” even when the lending company will not classify it within 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 comment that is applicable accidentally omitted once the Commentary ended up being revised in 2002; the remark would be restored if the Commentary is next revised.
Temporary Financing. Whenever is that loan “temporary financing” so that it is exempt from reporting?
Response: The regulation listings as samples of temporary funding construction loans and connection loans. See 203.4(d)(3). Construction and connection loans are illustrative, perhaps maybe not exclusive, samples of short-term funding. The examples suggest that funding is temporary when it is made to be changed by permanent funding of the much long run. Financing isn’t short-term financing simply because its term is quick. For instance, a loan provider can make a loan having a term that is 1-year allow an investor purchasing a house, renovate it, and re-sell it ahead of the term expires. Such that loan needs to be reported being house purchase loan. See 203.2(h).
Reverse Mortgage—reporting. Does a loans like moneylion loan provider need to report information about applications and loans involving reverse mortgages?
Response: Reverse mortgages are susceptible to the rule that is general lenders 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 if the reverse mortgage (in addition to qualifying being a true house purchase loan, do it yourself loan, or refinancing) can be a house equity personal credit line (HELOC). See 12 C.F.R. § 203.4()( that is c). The formal staff commentary to Regulation C states that a loan provider whom opts to report a HELOC should report in the loan quantity industry just the percentage of the line designed for do it yourself or house purchase. See remark 4(a)(7)-3.
Program—In basic. A component for the concept of “preapproval demand” may be the presence of the “program. ” just exactly How will it be determined whether a scheduled system exists?
Solution: A preapproval system exists if the procedures used and established because of the loan provider match those specified in 203.2(b)(2). A course, irrespective of its title, just isn’t a “preapproval system” for purposes of HMDA in the event that scheduled system will not meet up with the requirements into the legislation. A program may be a preapproval program for purposes of HMDA even though it is not so named by the same token. The real question is if the loan provider frequently makes use of the procedures specified into the legislation. In case a loan provider have not founded procedures like those specified into the legislation, but considers requests for preapproval for an ad hoc basis, those demands do not need to be addressed as demands for preapproval under HMDA. Failure to determine and consistently follow consistent procedures, but, may raise fair-lending and safety-and-soundness dilemmas.
Program—Commitment letter issued on request. In case a loan provider problems a consignment page just in the applicant’s demand, does the financial institution have preapproval system?
Response: then the lender has a preapproval program regardless whether the lender gives a written commitment to all applicants who qualify for preapproval or only to those qualifying applicants who specifically ask for a commitment in writing if a lender will as a general matter issue written commitments under the terms and procedures described in 203.2(b)(2.
Preapproval demand accepted and approved, but loan not originated. Just just just How should a loan provider report a preapproval demand it offers authorized where in actuality the debtor later identified a house towards the loan provider but that loan had not been originated?