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Modular houses. Is a home that is modular manufactured home for purposes of Regulation C?
Response: For Regulation C reporting, a manufactured house is one which fits the HUD code, 12 CFR 203.2(i). The staff that is official shows that modular houses which are prepared for occupancy if they leave the factory and satisfy most of the HUD rule requirements are contained in the concept of „manufactured home“. 203.2(i)-1. The remark, and a previous FAQ on this website, have actually raised questions regarding whether a modular house must be reported as being a manufactured home or as a single- to four-family dwelling. 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 houses posted in December 2003.
Conditional approvals—customary loan-commitment or loan-closing conditions. The commentary shows that an organization reports a „denial“ if an institution approves that loan at the mercy of go to this website underwriting conditions (except that customary loan-commitment or conditions that are loan-closing together with applicant will not satisfy them. See comment 4(a)(8)-4. What exactly are customary loan-commitment or loan-closing conditions?
Response: Customary loan-commitment or loan-closing conditions consist of clear-title demands, appropriate home study, acceptable name insurance coverage binder, clear termite examination, and, where in fact the applicant intends to utilize the arises from the purchase of 1 house to acquire another, funds declaration showing sufficient arises from the purchase. See comments 2(b)-3 and 4(a)(8)-4. A job candidate’s failure to fulfill some of those conditions, or a condition that is analogous causes the program to be coded „approved yet not accepted. “ Customary loan-commitment and loan-closing conditions don’t add (1) problems that constitute a counter-offer, such as for example a need for a greater 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 kind the financial institution ordinarily calls for, that the debtor fulfills underwriting conditions borrower creditworthiness that is concerning.
Conditional approvals—failure to meet creditworthiness conditions. Just exactly just How should a loan provider rule „action taken“ where in fact the debtor will not satisfy conditions creditworthiness that is concerning?
Answer: If a credit decision is not made plus the 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. In the event that condition involves publishing extra information about creditworthiness the financial institution has to produce a credit decision while the applicant has not yet taken care of immediately a demand for the more information in the time allowed, use the rule for „file closed for incompleteness. “ See Appendix the, I.B.1.e. The loan provider calls for for a credit choice in addition to loan provider denies the applying or runs a counter-offer that the debtor will not accept, make use of the rule for „application rejected. In the event that debtor has provided the knowledge“ Then utilize the rule for „application authorized however accepted. In the event that debtor has pleased the underwriting conditions for the loan provider as well as the loan provider agrees to give credit nevertheless the loan just isn’t consummated, „
For instance, if approval is trained on an effective appraisal and, despite notice associated with importance of an assessment, the applicant decreases to have an assessment or will not react to the financial institution’s notice, then your application must certanly be coded „file closed for incompleteness. “ Then the financial institution must make use of the rule for „application rejected. If, having said that, the applicant obtains an assessment however the assessment will not offer the thought loan-to-value ratio in addition to loan provider is therefore perhaps not ready to expand the mortgage quantity wanted, “
Refinancing — coverage vs. Reporting. Why is there two definitions of „refinancing, “ one for „coverage“ and another 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 find out or perhaps a institution has adequate house purchase loan task, including refinancings of house purchase loans, when it comes to 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 as a refinancing.
Refinancing — loan purpose. If an obligation satisfies and replaces another responsibility, may be the intent behind the replaced responsibility strongly related whether or not the brand new responsibility is 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 responsibility is guaranteed with a dwelling. See 203.2(k)(2). Hence, as an example, a satisfaction and replacement of financing created for a company function is a refinancing that is reportable both the brand new loan as well as the replaced loan are guaranteed by a dwelling.
Refinancing— relative type of credit. In case a dwelling-secured type of credit satisfies and replaces another dwelling-secured obligation, could be the line expected to be reported as a „refinancing“?
Response: No. A dwelling-secured personal credit line that satisfies and replaces another dwelling-secured responsibility is not necessary to be reported as a „refinancing, “ no matter whether the line is actually for consumer or company purposes.
Refinancing — guaranty secured by dwelling. If an responsibility guaranteed by way of a dwelling is pleased and changed by the responsibility by which a guaranty associated with the credit obligation is guaranteed by a dwelling however the brand new credit responsibility is perhaps perhaps not guaranteed by way of a dwelling, may be the transaction reportable under HMDA?
Response: No, a transaction 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 not guaranteed by way of a dwelling is reportable being a true do it yourself loan as long as categorized by the lender as a house 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 reportable refinancing?
Response: No, the satisfaction of the lien is neither necessary nor enough to generate a refinancing that is reportable. The credit responsibility must certanly be pleased and changed; it is really not appropriate if the lien is pleased and changed. 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 preexisting 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 as a „home enhancement loan. „See comment 203.2(g)-5. The financial institution must code the mortgage being a „home enhancement loan“ even though the financial institution will not classify it when you look at the loan provider’s own documents as 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 had been unintentionally omitted whenever Commentary ended up being revised in 2002; the remark will likely to be restored once 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 short-term financing construction loans and connection loans. See 203.4(d)(3). Bridge and construction loans are illustrative, perhaps not exclusive, types of short-term funding. The examples suggest that funding is short-term when it is made to be changed by permanent funding of the much long run. That loan just isn’t short-term funding simply because its term is brief. As an example, a loan provider can make a loan with a term that is 1-year enable an investor to get a house, renovate it, and re-sell it ahead of the term expires. Such that loan must certanly be reported being house purchase loan. See 203.2(h).
Reverse Mortgage—reporting. Does a lender need to report information about 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 being 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()( that is c). The formal staff commentary to Regulation C states that a loan provider whom opts to report a HELOC should report into the loan quantity industry just the part of the line meant for do it yourself or house purchase. See remark 4(a)(7)-3.
Program—In basic. A component associated with concept of „preapproval demand“ could be the presence of the „program. “ Just just How can it be determined whether a scheduled system exists?
Response: A preapproval system exists as soon as the procedures founded and utilized because of the lender match those specified in 203.2(b)(2). An application, aside from its title, just isn’t a „preapproval system“ for purposes of HMDA in the event that system doesn’t meet 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 whether or not 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 determine 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 approved and accepted, but loan not originated. Just just exactly How should a loan provider report a preapproval demand it offers authorized where in fact the debtor afterwards identified a house towards the loan provider but that loan had not been originated?