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Modular houses. Is really a modular house a manufactured house for purposes of Regulation C?
Response: For Regulation C reporting, a manufactured house is the one that fits the HUD rule, 12 CFR 203.2(i). The staff that is official suggests that modular houses which can be prepared for occupancy if they leave the factory and fulfill all the HUD rule criteria are within the concept of “manufactured house”. 203.2(i)-1. The comment, and a previous FAQ on this website, have actually raised questions regarding whether a modular house should really be reported being a manufactured home or as a single- to dwelling that is four-family. Before the Board provides further guidance regarding modular houses, loan providers may, at their option, report a modular home as either a single- to four-family dwelling or being a manufactured house.
This FAQ supersedes the previous FAQ on 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 organization approves that loan at the mercy of underwriting conditions (except that customary loan-commitment or loan-closing conditions) while the applicant doesn’t satisfy them. See remark 4(a)(8)-4. Exactly what are customary loan-commitment or loan-closing conditions?
Response: Customary loan-commitment or loan-closing conditions consist of clear-title needs, appropriate home survey, appropriate name insurance coverage binder, clear termite assessment, and, where in actuality the applicant intends to make use of the arises from the purchase of just one house to shop for another, money declaration showing sufficient arises from the purchase. See feedback 2(b)-3 and 4(a)(8)-4. An applicant’s failure to fulfill those types of conditions, or an analogous condition, causes the applying 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 example a need for a greater 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 borrower satisfies underwriting conditions concerning debtor creditworthiness.
Conditional approvals—failure to fulfill creditworthiness conditions. Exactly just just How should a loan provider rule “action taken” where in actuality the debtor doesn’t satisfy conditions creditworthiness that is concerning?
Response: in cases where a credit choice is not made as well as the debtor has expressly withdrawn, make use of the rule for “application withdrawn. ” That rule is certainly not otherwise available. See Appendix A, I.B.1.d. The lender has to create a credit choice together with applicant has not yet 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. The lender calls for for a credit choice together with loan provider denies the applying or runs a counter-offer that the borrower will not accept, make use of the code for “application rejected. In the event that debtor has provided the data” Then make use of the rule for “application authorized although not accepted. In the event that debtor has pleased the underwriting conditions associated with loan provider while the loan provider agrees to give credit nevertheless the loan is certainly not consummated, “
For instance, if approval is trained on an effective assessment and, despite notice of this importance of an assessment, the applicant decreases to have an assessment or doesn’t react to the financial institution’s notice, then your application should really be coded “file closed for incompleteness. ” If, having said that, the applicant obtains an assessment however the assessment doesn’t offer the thought loan-to-value ratio as well as the loan provider is consequently maybe not happy to expand the mortgage amount desired, then your loan provider must utilize the rule for “application denied. ”
Refinancing — coverage vs. Reporting. Why are there any two definitions of “refinancing, ” one for “coverage” and something 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 specific application, origination, or purchase being a “refinancing” into the loan purpose industry; a loan provider utilizes the protection definition, 203.2(k)(1), to ascertain if the organization has adequate house purchase loan task, including refinancings of house purchase loans, for the organization become included in HMDA. See 203.2(e)(1)(iii), 203.2(e)(2)(i) and (iii). The protection definition just isn’t highly relevant to determining whether or not to report a specific deal as a refinancing.
Refinancing — loan purpose. If an obligation satisfies and replaces another responsibility, could be the function of the changed responsibility strongly related whether or not the new responsibility is a reportable “refinancing” under Regulation C?
Response: No. This new concept of a refinancing that is reportable 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). Hence, for instance, a satisfaction and replacement of financing designed for a company function is really a refinancing that is reportable both this new loan in addition to replaced loan are guaranteed by way of a dwelling.
Refinancing — type of credit. If your dwelling-secured type of credit satisfies and replaces another dwelling-secured responsibility, may be the line expected to be reported being a “refinancing”?
Response: No. A dwelling-secured personal credit line that satisfies and replaces another obligation that is dwelling-secured not essential to be reported as being 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 for which a guaranty associated with the credit responsibility is guaranteed by way of a dwelling however the brand new credit responsibility is maybe not guaranteed with a dwelling, could be the transaction reportable under HMDA?
Response: No, a deal just isn’t reportable being house purchase loan or refinancing unless the credit obligation, itself, is guaranteed by a dwelling. See 203.2(h), 203.2(k)(2). An responsibility perhaps perhaps perhaps not guaranteed with a dwelling is reportable as do it yourself loan only when categorized by 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) relevant to determining whether a responsibility is a refinancing that is reportable?
Response: No, the satisfaction of the lien is neither necessary nor adequate to generate a refinancing that is reportable. The credit responsibility needs to be pleased and changed; it’s not appropriate if the lien is satisfied and changed. See 203.2(k)(2)
Refinancing — money down for do it yourself. Exactly just How should a loan provider rule a dwelling-secured loan whenever the debtor makes use of the funds both to pay back a preexisting 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 lending company must code the mortgage as being a “home improvement loan” even when the financial institution will not classify it into the loan provider’s own documents as being a “home improvement 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 as soon as the Commentary had been revised in 2002; the remark will likely 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 funding construction loans and connection loans. See 203.4(d)(3). Bridge and construction loans are illustrative, maybe perhaps maybe not exclusive, samples of short-term funding. The examples suggest that funding is short-term in case it is made to be changed by permanent funding of a much long run. Financing just isn’t financing that is temporary because its term is quick. For example, a loan provider will make that loan having a 1-year term to allow an investor to acquire a house, renovate it, and re-sell it ahead of the term expires. Such financing should be reported as a true house purchase loan. See 203.2(h).
Reverse Mortgage—reporting. Does a loan provider need certainly 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 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, home improvement loan, or refinancing) normally 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 whom 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 comment 4(a)(7)-3.
Program—In basic. An element regarding the concept of “preapproval demand” may be the presence of a “program. ” How could it be determined whether a scheduled program exists?
Solution: A preapproval system exists if the procedures founded and utilized because of the loan provider 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 scheduled program doesn’t meet with the specs within the legislation. Because of the exact same token, a course can be a preapproval program for purposes of HMDA though it isn’t therefore known as. The real question is whether or not the loan provider frequently utilizes the procedures specified when you look at 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 problems.
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 actuality the borrower afterwards identified a house to your loan provider but that loan had not been originated?