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Modular houses. Is really a modular house a manufactured home for purposes of Regulation C?
Response: For Regulation C reporting, a manufactured house is one which fits the HUD rule, 12 CFR 203.2(i). The formal staff commentary suggests that modular houses which are prepared for occupancy if they leave the factory and satisfy all the HUD code requirements are within 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. Through to the Board provides further guidance regarding modular domiciles, lenders may, at their option, report a modular house as either a single- to four-family dwelling or as being a manufactured home.
This FAQ supersedes the previous FAQ on modular houses published in December 2003.
Conditional loan-commitment that is approvals—customary loan-closing conditions. The commentary suggests that the organization states a « denial » if an organization approves that loan susceptible to underwriting conditions (except that customary loan-commitment or conditions that are loan-closing and also the applicant doesn’t fulfill them. See remark 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, appropriate name insurance coverage binder, clear termite assessment, and, where in fact the applicant intends to make use of the arises from the purchase of just one house to get 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 satisfy one particular conditions, or a condition that is analogous causes the program to be coded « approved although not accepted. » Customary loan-commitment and loan-closing conditions usually do not consist of (1) conditions that constitute a counter-offer, such as for instance a need for an increased down-payment; (2) underwriting conditions regarding the borrower’s creditworthiness, including satisfactory debt-to-income and loan-to-value ratios; or (3) verification or verification, in whatever kind the lender ordinarily calls for, that the debtor satisfies underwriting conditions concerning debtor creditworthiness.
Conditional approvals—failure to fulfill creditworthiness conditions. Exactly 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 will not be made additionally the debtor has expressly withdrawn, make use of the rule for « application withdrawn. » That rule is certainly not 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 create a credit choice while the applicant has not yet taken care of immediately a demand for the more information into 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 therefore the loan provider denies the program or expands a counter-offer that the debtor will not accept, make use of the rule for « application rejected. In the event that debtor has supplied the information and knowledge » Then utilize the rule for « application authorized however accepted. In the event that debtor has satisfied the underwriting conditions for the loan provider and also the lender agrees to increase credit nevertheless the loan just isn’t consummated, «
For instance, if approval is trained on a reasonable assessment and, despite notice regarding the significance of an assessment, the applicant decreases to get an assessment or doesn’t answer the lending company’s notice, then your application must be coded « file closed for incompleteness. » If, on the other hand, the applicant obtains an assessment nevertheless the assessment will not offer the thought loan-to-value ratio additionally the loan provider is consequently perhaps not prepared to expand the mortgage amount desired, then a lender must make use of the rule for « application denied. »
Refinancing — coverage vs. Reporting. Why exist 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 find out whether or not to report a certain application, origination, or purchase as a « refinancing » into the loan function field; a loan provider makes use of the protection definition, 203.2(k)(1), to ascertain perhaps the institution has enough 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 isn’t strongly related determining whether or not to report a specific deal as being a refinancing.
Refinancing — loan purpose. If an obligation satisfies and replaces another responsibility, may be the intent behind the changed responsibility strongly related whether or not the brand new responsibility is a reportable « refinancing » under Regulation C?
Response: No. The brand new concept of a reportable refinancing appears only to whether (1) an obligation satisfies and replaces another responsibility and (2) each responsibility is guaranteed with 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 this new loan together with replaced loan are guaranteed by way of a dwelling.
Refinancing— relative type of credit. If your dwelling-secured type of credit satisfies and replaces another dwelling-secured responsibility, could be the line needed to be reported as being a « refinancing »?
Response: No. A dwelling-secured credit line that satisfies and replaces another dwelling-secured responsibility is not necessary to be reported being a « refinancing, » no matter whether the line is for customer or company purposes.
Refinancing — guaranty secured by dwelling. If an responsibility guaranteed by a dwelling is pleased and changed by the responsibility by which a guaranty of this credit responsibility is guaranteed with a dwelling however the brand new credit responsibility is perhaps maybe perhaps not guaranteed by way of a dwelling, may be the transaction reportable under HMDA?
Answer: No, a deal just isn’t reportable as a true home purchase loan or refinancing unless the credit responsibility, it self, is guaranteed by way of a dwelling. See 203.2(h), 203.2(k)(2). An obligation perhaps maybe not guaranteed by way of a dwelling is reportable as being a true do it yourself loan only when categorized because of the loan provider as a house enhancement loan. See 203.2(g)(2).
Refinancing — satisfaction of lien. May be the satisfaction of the lien (mortgage) strongly related determining whether a responsibility is really a refinancing that is reportable?
Response: No, the satisfaction of the lien is neither necessary nor enough to generate a reportable refinancing. The credit responsibility should be replaced and satisfied; it isn’t appropriate if the lien is pleased and changed. See 203.2(k)(2)
Refinancing — cash down for do it yourself. Just just just How should a loan provider rule a dwelling-secured loan when the borrower makes use of the funds both to pay back a current dwelling-secured loan and also to help with a dwelling?
Solution: a loan that is dwelling-secured satisfies the definitions of both « home enhancement loan » and « refinancing » ought to be coded as a « home enhancement loan. « See comment 203.2(g)-5. The lending company must code the mortgage as being a « home enhancement loan » just because the financial institution will not classify it avant refinance loan application 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 had been unintentionally omitted as soon as the Commentary had been revised in 2002; the remark should be restored as soon as the Commentary is next revised.
Temporary Financing. Whenever is that loan financing that is »temporary such 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). Construction and connection loans are illustrative, maybe maybe not exclusive, types of short-term financing. The examples suggest that funding is short-term if it’s built to be changed by permanent funding of a much long term. That loan is certainly not financing that is temporary because its term is brief. For instance, a loan provider will make a loan having a term that is 1-year enable an investor to shop for a property, renovate it, and re-sell it ahead of the term expires. Such that loan should be reported being a true house purchase loan. See 203.2(h).
Reverse Mortgage—reporting. Does a loan provider need to report all about applications and loans involving reverse mortgages?
Response: Reverse mortgages are at the mercy of 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 being home purchase loan, do it yourself loan, or refinancing) can be a house equity credit line (HELOC). See 12 C.F.R. § 203.4(c)(3). The staff that is official to Regulation C states that a loan provider who opts to report a HELOC should report within 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 feature for the definition of « preapproval demand » could be the presence of a « program. » Exactly just How can it be determined whether system exists?
Solution: A preapproval system exists once the procedures used and established because of the loan provider match those specified in 203.2(b)(2). A program, no matter its title, just isn’t a « preapproval system » for purposes of HMDA in the event that system will not meet up with the requirements within 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 or perhaps a 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, nonetheless, may raise fair-lending and safety-and-soundness dilemmas.
Program—Commitment letter issued on demand. If your loan provider issues a consignment page only during the applicant’s demand, does the financial institution have preapproval system?
Answer: 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 in which the borrower afterwards identified a house towards the loan provider but that loan wasn’t originated?