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Modular houses. Is a modular house a manufactured house for purposes of Regulation C?
Response: For Regulation C reporting, a manufactured house is just one that satisfies the HUD rule, 12 CFR 203.2(i). The formal staff commentary shows that modular houses which can be prepared for occupancy if they leave the factory and fulfill every one of the HUD code criteria are contained in 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 ought to be reported being a manufactured home or as a single- to dwelling that is four-family. Before the Board provides further guidance regarding modular domiciles, loan providers may, at their option, report a modular house as either a single- to four-family dwelling or as being a manufactured house.
This FAQ supersedes the FAQ that is prior modular houses posted in December 2003.
Conditional approvals—customary loan-commitment or loan-closing conditions. The commentary suggests that the organization reports a “denial” if an organization approves that loan at the mercy of underwriting conditions (except that customary loan-commitment or loan-closing conditions) together with applicant will not satisfy them. See remark 4(a)(8)-4. What exactly are customary loan-closing or loan-commitment conditions?
Response: Customary loan-commitment or loan-closing conditions consist of clear-title needs, acceptable property survey, acceptable name insurance coverage binder, clear termite assessment, and, in which the applicant intends to make use of the arises from the purchase of just one house to acquire 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 fulfill those types of conditions, or a condition that is analogous causes the program to be coded “approved although not accepted. ” Customary loan-commitment and loan-closing conditions don’t consist of (1) problems that constitute a counter-offer, such as for example a need for an increased 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 satisfies underwriting conditions concerning debtor creditworthiness.
Conditional approvals—failure to meet creditworthiness conditions. Exactly How should a loan provider rule “action taken” where in fact the debtor doesn’t satisfy conditions concerning creditworthiness?
Response: If a credit choice is not 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. The lender has to create a credit choice together with applicant have not taken care of immediately a request for the extra information in the time permitted, use the rule for “file closed for incompleteness. In the event that condition involves publishing extra information about creditworthiness” See Appendix A, I.B.1.e. The loan provider calls for for a credit choice as well as the 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 details” Then make use of 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 increase credit nevertheless the loan isn’t consummated, “
As an example, if approval is trained on an effective assessment and, despite notice associated with the requirement for an assessment, the applicant decreases to acquire an assessment or doesn’t react to the lender’s notice, then application must certanly be coded “file closed for incompleteness. ” If, having said that, the applicant obtains an assessment however the assessment will not offer the thought loan-to-value ratio together with loan provider is consequently maybe not prepared to extend the loan amount desired, then your loan provider must make use of the rule for “application denied. ”
Refinancing — coverage vs. Reporting. Why are there any two definitions of “refinancing, ” one for “coverage” and another for “reporting”?
Solution: a loan provider utilizes the definition that is reporting 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 whether or not the organization has enough home 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 meaning is certainly not 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 reason for the changed responsibility strongly related whether or not the brand new responsibility is a reportable “refinancing” under Regulation C?
Response: No. The newest concept of a reportable refinancing appears simply to whether (1) an obligation satisfies and replaces another responsibility and (2) each responsibility is secured with a dwelling. See 203.2(k)(2). Therefore, for instance, a satisfaction and replacement of that loan designed for a small business function is a refinancing that is reportable both this new loan in addition to replaced loan are guaranteed with a dwelling.
Refinancing — type of credit. If your dwelling-secured type of credit satisfies and replaces another dwelling-secured responsibility, is the line necessary to be reported as a “refinancing”?
Response: No. A dwelling-secured personal credit line that satisfies and replaces another dwelling-secured obligation is not essential to be reported as being a “refinancing, ” no matter whether the line is for consumer or company purposes.
Refinancing — guaranty secured by dwelling. If an obligation guaranteed by way of 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 maybe maybe maybe not guaranteed with a dwelling, may be the transaction reportable under HMDA?
Response: No, a deal isn’t reportable as being a true house 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 cashland near me maybe not guaranteed with a dwelling is reportable as 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 a lien (mortgage) strongly related determining whether a responsibility is just a reportable refinancing?
Response: No, the satisfaction of a lien is neither necessary nor adequate to generate a reportable refinancing. The credit responsibility should be pleased and changed; it isn’t appropriate perhaps the lien is pleased and changed. See 203.2(k)(2)
Refinancing — money out for do it yourself. Just just How should a loan provider code a loan that is dwelling-secured the debtor utilizes the funds both to pay back a preexisting dwelling-secured loan and also to help with a dwelling?
Solution: A dwelling-secured loan that fulfills 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 loan as being a “home enhancement loan” regardless of if the loan provider doesn’t classify it within the loan provider’s own documents 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 once 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 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 maybe not exclusive, types of short-term funding. The examples suggest that funding is short-term in case it is made to be replaced by permanent funding of the much long term. That loan isn’t short-term funding just because its term is quick. For instance, a loan provider could make that loan with a term that is 1-year allow an investor to get a property, renovate it, and re-sell it ahead of the term expires. Such that loan needs to be reported as a true house purchase loan. See 203.2(h).
Reverse Mortgage—reporting. Does a loan provider need certainly to report informative data on applications and loans involving reverse mortgages?
Answer: 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 house purchase loan, do it yourself loan, or refinancing) can also be a property equity credit line (HELOC). See 12 C.F.R. § 203.4()( that is c). The staff that is official to Regulation C states that a loan provider whom opts to report a HELOC should report within the loan amount industry just the percentage 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 a “program. ” exactly How is it determined whether a scheduled system exists?
Response: A preapproval system exists if the procedures used and established by the loan provider match those specified in 203.2(b)(2). An application, irrespective of its title, isn’t a “preapproval system” for purposes of HMDA in the event that scheduled system will not 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 makes use of 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 ascertain and consistently follow consistent procedures, nevertheless, may raise fair-lending and safety-and-soundness issues.
Program—Commitment letter issued on request. If your loan provider dilemmas dedication page just during the applicant’s demand, does the lending company have preapproval system?
Response: in cases where a lender will since a broad matter problem written commitments underneath the terms and procedures described in 203.2(b)(2), then your loan provider includes a preapproval system irrespective whether or not the loan provider provides a written dedication to all candidates whom be eligible for preapproval or and then those qualifying candidates who particularly require a consignment on paper.
Preapproval demand approved and accepted, but loan not originated. Just just exactly How should a loan provider report a preapproval demand this has authorized where in actuality the debtor afterwards identified a residential property into the loan provider but financing had not been originated?