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Modular houses. Is a home that is modular manufactured house for purposes of Regulation C?
Response: For Regulation C reporting, a manufactured house is just the one that fulfills the HUD rule, 12 CFR 203.2(i). The formal staff commentary shows that modular domiciles being prepared for occupancy if they leave the factory and fulfill most of the HUD rule requirements are contained in the definition of “manufactured house”. 203.2(i)-1. The remark, and a previous FAQ on this web site, have actually raised questions regarding whether a modular house ought to be reported as being a manufactured home or as a single- to dwelling that is four-family. A modular home as either a one- to four-family dwelling or as a manufactured home until the Board provides further guidance regarding modular homes, lenders may, at their option, report.
This FAQ supersedes the previous FAQ on modular domiciles published in December 2003.
Conditional loan-commitment that is approvals—customary loan-closing conditions. The commentary shows that an organization states a “denial” if an organization approves that loan at the mercy of underwriting conditions (aside from customary loan-commitment or loan-closing conditions) plus the applicant will not satisfy them. See comment 4(a)(8)-4. What exactly are customary loan-commitment or loan-closing conditions?
Answer: Customary loan-commitment or loan-closing conditions consist of clear-title demands, acceptable home study, appropriate name insurance coverage binder, clear termite assessment, and, where in actuality the applicant intends to utilize the arises from the purchase of just one house to get another, funds 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 one particular conditions, or a condition that is analogous causes the applying to be coded “approved although not accepted. ” Customary loan-commitment and loan-closing conditions don’t add (1) problems 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 type the financial institution ordinarily requires, that the debtor fulfills underwriting conditions concerning borrower creditworthiness.
Conditional approvals—failure to meet creditworthiness conditions. Just exactly How should a loan provider rule “action taken” where in actuality the debtor will not satisfy conditions concerning creditworthiness?
Response: If a credit choice is not made together with debtor has expressly withdrawn, make use of the code for “application withdrawn. ” That rule isn’t otherwise available. See Appendix The, I.B.1.d. The lender has to produce a credit choice together with applicant have not taken care of immediately a demand when it comes to extra information in the time permitted, use the rule for “file closed for incompleteness. In the event that condition involves publishing more information about creditworthiness” See Appendix the, I.B.1.e. If the borrower has provided the data the loan provider requires for the credit choice as well as the loan provider denies the program or stretches a counter-offer that the debtor does not accept, utilize the rule for “application denied. ” Then utilize the rule for “application authorized although not accepted. In the event that debtor has satisfied the underwriting conditions associated with loan provider and also the loan provider agrees to increase credit however the loan just isn’t consummated, “
For instance, if approval is trained on an effective assessment and, despite notice for the requirement for an assessment, the applicant decreases to acquire an assessment or will not answer the financial institution’s notice, then your application ought to be coded “file closed for incompleteness. ” Then the lending company must utilize the rule for “application rejected. If, having said that, the applicant obtains an assessment nevertheless the assessment will not offer the thought loan-to-value ratio and also the loan provider is therefore maybe not ready to expand the mortgage quantity looked for, ”
Refinancing — coverage vs. Reporting. Why are there any two definitions of “refinancing, ” one for “coverage” and something for “reporting”?
Response: a loan provider uses the reporting definition, 203.2(k)(2), to find out whether or not to report a specific application, origination, or purchase as a “refinancing” into the loan function industry; a loan provider utilizes the protection definition, 203.2(k)(1), to find out or perhaps a organization has adequate house purchase loan task, including refinancings of house purchase loans, for the organization to be included in HMDA. See 203.2(e)(1)(iii), 203.2(e)(2)(i) and (iii). The protection meaning isn’t strongly related determining whether or not to report a particular deal being a refinancing.
Refinancing — loan purpose. If an obligation satisfies and replaces another responsibility, may be the function of the changed responsibility strongly related whether or not the obligation that is new a reportable “refinancing” under Regulation C?
Answer: No. The latest concept of a reportable refinancing appears 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). Hence, as an example, a satisfaction and replacement of that loan designed for a company function is a refinancing that is reportable both the newest 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, may be the line expected to be reported as a “refinancing”?
Answer: No. A dwelling-secured credit line that satisfies and replaces another dwelling-secured responsibility is 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 a responsibility guaranteed by a dwelling is pleased and changed by the responsibility by which a guaranty for the credit responsibility is guaranteed by a dwelling nevertheless the brand new credit responsibility is maybe maybe not guaranteed by a dwelling, could be the transaction reportable under HMDA?
Response: No, a deal is certainly not reportable being a true home purchase loan or refinancing unless the credit responsibility, it self, is guaranteed with a dwelling. See h that is 203.2(, 203.2(k)(2). A responsibility maybe money tree maybe maybe not guaranteed by a dwelling is reportable as a true do it yourself loan as long as categorized by the loan provider as a property enhancement loan. See 203.2(g)(2).
Refinancing — satisfaction of lien. May be the satisfaction of the lien (mortgage) highly relevant to determining whether a 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 responsibility needs to be pleased and changed; it’s not appropriate if the lien is pleased and changed. See 203.2(k)(2)
Refinancing — money down for do it yourself. Exactly How should a lender rule a loan that is dwelling-secured the debtor utilizes the funds both to pay back a preexisting dwelling-secured loan also to help with a dwelling?
Response: A dwelling-secured loan that satisfies the definitions of both “home enhancement loan” and “refinancing” ought to be coded as being a “home enhancement loan. “See comment 203.2(g)-5. The financial institution must code the mortgage being a “home improvement loan” regardless if the loan provider doesn’t 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 unintentionally omitted whenever Commentary ended up being revised in 2002; the remark should be restored once the Commentary is next revised.
Temporary Financing. Whenever is that loan financing that is”temporary so that it is exempt from reporting?
Response: The regulation listings as examples of short-term funding construction loans and connection loans. See 203.4(d)(3). Construction and connection loans are illustrative, maybe maybe maybe not exclusive, samples of temporary funding. The examples suggest that funding is short-term when it is made to be changed by permanent financing of the much long run. Financing isn’t financing that is temporary because its term is quick. As an example, a loan provider will make that loan by having a term that is 1-year allow an investor to shop for a property, renovate it, and re-sell it ahead of the term expires. Such that loan should be reported as being house purchase loan. See 203.2(h).
Reverse Mortgage—reporting. Does a loan provider need to report home elevators applications and loans reverse that is involving?
Response: Reverse mortgages are susceptible to the basic guideline that loan providers must report applications or loans that meet up with the concept of a property 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 a true house purchase loan, do it yourself loan, or refinancing) can also be a house equity credit line (HELOC). See 12 C.F.R. § 203.4(c)(3). The formal staff commentary to Regulation C states that the loan provider who opts to report a HELOC should report when you look at 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 general. A feature associated with concept of “preapproval demand” may be the presence of a “program. ” Just exactly just How will it be determined whether a scheduled system exists?
Solution: A preapproval system exists if the procedures founded and used by the lender match those specified in 203.2(b)(2). A course, irrespective of its name, just isn’t a “preapproval system” for purposes of HMDA in the event that scheduled system will not meet with the requirements when you look at the legislation. Because of the exact same token, a course could be a preapproval system for purposes of HMDA though it is certainly not therefore called. The real question is if the loan provider frequently utilizes the procedures specified within 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, nonetheless, may raise fair-lending and safety-and-soundness dilemmas.
Program—Commitment letter issued on demand. A commitment letter only at the applicant’s request, does the lender have a preapproval program if a lender issues?
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 exactly How should a loan provider report a preapproval demand it’s authorized where in fact the debtor later identified a house into the loan provider but financing had not been originated?