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Pt. 1003, App. A
(f) Loan aggregation and central data
depositories. Using the loan data submitted by financial institutions, the
FFIEC will produce reports for individual institutions and reports of aggregate data for each MSA and Metropolitan Division, showing lending patterns by property location, age of housing stock, and income level, sex, ethnicity, and race. These reports will be
available to the public at central data
depositories located in each MSA and
Metropolitan Division. A listing of central data depositories can be obtained
from the Federal Financial Institutions Examination Council, Washington, DC 20006.
§ 1003.6
Enforcement.
(a) Administrative enforcement. A violation of the Act or this part is subject
to administrative sanctions as provided
in section 305 of the Act, including the
imposition of civil money penalties,
where applicable. Compliance is enforced by the agencies listed in section
305 of the Act (12 U.S.C. 2804).
(b) Bona fide errors. (1) An error in
compiling or recording loan data is not
a violation of the act or this part if the
error was unintentional and occurred
despite the maintenance of procedures
reasonably adapted to avoid such errors.
(2) An incorrect entry for a census
tract number is deemed a bona fide
error, and is not a violation of the act
or this part, provided that the institution maintains procedures reasonably
adapted to avoid such errors.
(3) If an institution makes a goodfaith effort to record all data concerning covered transactions fully and
accurately within thirty calendar days
after the end of each calendar quarter,
and some data are nevertheless inaccurate or incomplete, the error or
omission is not a violation of the act or
this part provided that the institution
corrects or completes the information
prior to submitting the loan/application register to its regulatory agency.
APPENDIX A TO PART 1003—FORM AND
INSTRUCTIONS FOR COMPLETION OF
HMDA
LOAN/APPLICATION
REGISTER
PAPERWORK REDUCTION ACT NOTICE
This report is required by law (12 U.S.C.
2801–2810 and 12 CFR 1003). An agency may
not conduct or sponsor, and an organization
is not required to respond to, a collection of
information unless it displays a valid Office
of Management and Budget (OMB) Control
Number. See 12 CFR 1003.1(a) for the valid
OMB Control Numbers applicable to this information collection. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for reducing the burden,
to the respective agencies and to OMB, Office of Information and Regulatory Affairs,
Paperwork Reduction Project, Washington,
DC 20503. Be sure to reference the applicable
agency and the OMB Control Number, as
found in 12 CFR 1003.1(a), when submitting
comments to OMB.
I. INSTRUCTIONS FOR COMPLETION OF LOAN/
APPLICATION REGISTER
A. Application or Loan Information
1. Application or Loan Number. Enter an
identifying loan number that can be used
later to retrieve the loan or application file.
It can be any number of your institution’s
choosing (not exceeding 25 characters). You
may use letters, numerals, or a combination
of both.
2. Date Application Received. Enter the
date the loan application was received by
your institution by month, day, and year. If
your institution normally records the date
shown on the application form you may use
that date instead. Enter ‘‘NA’’ for loans purchased by your institution. For paper submissions only, use numerals in the form MM/
DD/YYYY (for example, 01/15/2003). For submissions in electronic form, the proper format is YYYYMMDD.
3. Type of Loan or Application. Indicate
the type of loan or application by entering
the applicable Code from the following:
Code 1—Conventional (any loan other than
FHA, VA, FSA, or RHS loans)
Code 2—FHA-insured (Federal Housing Administration)
Code 3—VA-guaranteed (Veterans Administration)
Code 4—FSA/RHS-guaranteed (Farm Service
Agency or Rural Housing Service)
4. Property Type. Indicate the property
type by entering the applicable Code from
the following:
Code 1—One-to four-family dwelling (other
than manufactured housing)
Code 2—Manufactured housing
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Code 3—Multifamily dwelling
a. Use Code 1, not Code 3, for loans on individual condominium or cooperative units.
b. If you cannot determine (despite reasonable efforts to find out) whether the loan or
application relates to a manufactured home,
use Code 1.
5. Purpose of Loan or Application. Indicate
the purpose of the loan or application by entering the applicable Code from the following:
Code 1—Home purchase
Code 2—Home improvement
Code 3—Refinancing
a. Do not report a refinancing if, under the
loan agreement, you were unconditionally
obligated to refinance the obligation, or you
were obligated to refinance the obligation
subject to conditions within the borrower’s
control.
6. Owner Occupancy. Indicate whether the
property to which the loan or loan application relates is to be owner-occupied as a
principal residence by entering the applicable Code from the following:
Code 1—Owner-occupied as a principal dwelling
Code 2—Not owner-occupied as a principal
dwelling
Code 3—Not applicable
a. For purchased loans, use Code 1 unless
the loan documents or application indicate
that the property will not be owner-occupied
as a principal residence.
b. Use Code 2 for second homes or vacation
homes, as well as for rental properties.
c. Use Code 3 if the property to which the
loan relates is a multifamily dwelling; is not
located in an MSA; or is located in an MSA
or an MD in which your institution has neither a home nor a branch office. Alternatively, at your institution’s option, you
may report the actual occupancy status,
using Code 1 or 2 as applicable.
7. Loan Amount. Enter the amount of the
loan or application. Do not report loans
below $500. Show the amount in thousands,
rounding to the nearest thousand (round $500
up to the next $1,000). For example, a loan for
$167,300 should be entered as 167 and one for
$15,500 as 16.
a. For a home purchase loan that you
originated, enter the principal amount of the
loan.
b. For a home purchase loan that you purchased, enter the unpaid principal balance of
the loan at the time of purchase.
c. For a home improvement loan, enter the
entire amount of the loan—including unpaid
finance charges if that is how such loans are
recorded on your books—even if only a part
of the proceeds is intended for home improvement.
d. If you opt to report home-equity lines of
credit, report only the portion of the line in-
tended for home improvement or home purchase.
e. For a refinancing, indicate the total
amount of the refinancing, including both
the amount outstanding on the original loan
and any amount of ‘‘new money.’’
f. For a loan application that was denied or
withdrawn, enter the amount for which the
applicant applied.
8. Request for Preapproval of a Home Purchase Loan. Indicate whether the application
or loan involved a request for preapproval of
a home purchase loan by entering the applicable Code from the following:
Code 1—Preapproval requested
Code 2—Preapproval not requested
Code 3—Not applicable
a. Enter Code 2 if your institution has a
covered preapproval program but the applicant does not request a preapproval.
b. Enter Code 3 if your institution does not
have a preapproval program as defined in
§ 1003.2.
c. Enter Code 3 for applications or loans for
home improvement or refinancing, and for
purchased loans.
B. Action Taken
1. Type of Action. Indicate the type of action taken on the application or loan by
using one of the following Codes.
Code 1—Loan originated
Code 2—Application approved but not accepted
Code 3—Application denied
Code 4—Application withdrawn
Code 5—File closed for incompleteness
Code 6—Loan purchased by your institution
Code 7—Preapproval request denied
Code 8—Preapproval request approved but
not accepted (optional reporting)
a. Use Code 1 for a loan that is originated,
including one resulting from a request for
preapproval.
b. For a counteroffer (your offer to the applicant to make the loan on different terms
or in a different amount from the terms or
amount applied for), use Code 1 if the applicant accepts. Use Code 3 if the applicant
turns down the counteroffer or does not respond.
c. Use Code 2 when the application is approved but the applicant (or the loan broker
or correspondent) fails to respond to your
notification of approval or your commitment
letter within the specified time. Do not use
this Code for a preapproval request.
d. Use Code 4 only when the application is
expressly withdrawn by the applicant before
a credit decision is made. Do not use Code 4
if a request for preapproval is withdrawn;
preapproval requests that are withdrawn are
not reported under HMDA.
e. Use Code 5 if you sent a written notice
of incompleteness under § 1002.9(c)(2) of Regulation B (Equal Credit Opportunity) and the
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applicant did not respond to your request for
additional information within the period of
time specified in your notice. Do not use this
Code for requests for preapproval that are incomplete; these preapproval requests are not
reported under HMDA.
2. Date of Action. For paper submissions
only, enter the date by month, day, and year,
using numerals in the form MM/DD/YYYY
(for example, 02/22/2003). For submissions in
electronic form, the proper format is
YYYYMMDD.
a. For loans originated, enter the settlement or closing date.
b. For loans purchased, enter the date of
purchase by your institution.
c. For applications and preapprovals denied, applications and preapprovals approved
but not accepted by the applicant, and files
closed for incompleteness, enter the date
that the action was taken by your institution or the date the notice was sent to the
applicant.
d. For applications withdrawn, enter the
date you received the applicant’s express
withdrawal, or enter the date shown on the
notification from the applicant, in the case
of a written withdrawal.
e. For preapprovals that lead to a loan
origination, enter the date of the origination.
C. Property Location
Except as otherwise provided, enter in
these columns the applicable Codes for the
MSA, or the MD if the MSA is divided into
MDs, state, county, and census tract to indicate the location of the property to which a
loan relates.
1. MSA or Metropolitan Division.—For
each loan or loan application, enter the
MSA, or the MD number if the MSA is divided into MDs. MSA and MD boundaries are
defined by OMB; use the boundaries that
were in effect on January 1 of the calendar
year for which you are reporting. A listing of
MSAs and MDs is available from the appropriate Federal agency to which you report
data or the FFIEC.
2. State and County. Use the Federal Information Processing Standard (FIPS) twodigit numerical code for the state and the
three-digit numerical code for the county.
These codes are available from the appropriate Federal agency to which you report
data or the FFIEC.
3. Census Tract.—Indicate the census tract
where the property is located. Notwithstanding paragraph 6, if the property is located in a county with a population of 30,000
or less in the 2000 Census, enter ‘‘NA’’ (even
if the population has increased above 30,000
since 2000), or enter the census tract number.
County population data can be obtained from
the U.S. Census Bureau.
4. Census Tract Number.—For the census
tract number, consult the resources provided
by the U.S. Census Bureau or the FFIEC.
5. Property Located Outside MSAs or Metropolitan Divisions.—For loans on property
located outside the MSAs and MDs in which
an institution has a home or branch office,
or for property located outside of any MSA
or MD, the institution may choose one of the
following two options. Under option one, the
institution may enter the MSA or MD, state
and county codes and the census tract number; and if the property is not located in any
MSA or MD, the institution may enter ‘‘NA’’
in the MSA or MD column. (Codes exist for
all states and counties and numbers exist for
all census tracts.) Under this first option,
the codes and census tract number must accurately identify the property location.
Under the second option, which is not available if paragraph 6 applies, an institution
may enter ‘‘NA’’ in all four columns, whether or not the codes or numbers exist for the
property location.
6. Data Reporting for Banks and Savings
Associations Required To Report Data on
Small Business, Small Farm, and Community Development Lending Under the CRA
Regulations.—If your institution is a bank
or savings association that is required to report data under the regulations that implement the CRA, you must enter the property
location on your HMDA/LAR even if the
property is outside the MSAs or MDs in
which you have a home or branch office, or
is not located in any MSA.
7. Requests for Preapproval. Notwithstanding paragraphs 1 through 6, if the application is a request for preapproval that is denied or that is approved but not accepted by
the applicant, you may enter ‘‘NA’’ in all
four columns.
D. Applicant Information—Ethnicity, Race, Sex,
and Income
Appendix B contains instructions for the
collection of data on ethnicity, race, and sex,
and also contains a sample form for data collection.
1. Applicability. Report this information
for loans that you originate as well as for applications that do not result in an origination.
a. You need not collect or report this information for loans purchased. If you choose
not to report this information, use the Codes
for ‘‘not applicable.’’
b. If the borrower or applicant is not a natural person (a corporation or partnership, for
example), use the Codes for ‘‘not applicable.’’
2. Mail, Internet, or Telephone Applications.—All loan applications, including applications taken by mail, internet, or telephone must use a collection form similar to
that shown in Appendix B regarding ethnicity, race, and sex. For applications taken
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12 CFR Ch. X (1–1–12 Edition)
by telephone, the information in the collection form must be stated orally by the lender, except for information that pertains
uniquely to applications taken in writing. If
the applicant does not provide these data in
an application taken by mail or telephone or
on the internet, enter the Code for ‘‘information not provided by applicant in mail,
internet, or telephone application’’ specified
in paragraphs I.D.3., 4., and 5. of this appendix. (See Appendix B for complete information on the collection of these data in mail,
Internet, or telephone applications.)
3. Ethnicity of Borrower or Applicant. Use
the following Codes to indicate the ethnicity
of the applicant or borrower under column
‘‘A’’ and of any co-applicant or co-borrower
under column ‘‘CA.’’
Code 1—Hispanic or Latino
Code 2—Not Hispanic or Latino
Code 3—Information not provided by applicant in mail, internet, or telephone application
Code 4—Not applicable
Code 5—No co-applicant
4. Race of Borrower or Applicant. Use the
following Codes to indicate the race of the
applicant or borrower under column ‘‘A’’ and
of any co-applicant or co-borrower under column ‘‘CA.’’
Code 1—American Indian or Alaska Native
Code 2—Asian
Code 3—Black or African American
Code 4—Native Hawaiian or Other Pacific Islander
Code 5—White
Code 6—Information not provided by applicant in mail, internet, or telephone application
Code 7—Not applicable
Code 8—No co-applicant
a. If an applicant selects more than one racial designation, enter all Codes corresponding to the applicant’s selections.
b. Use Code 4 (for ethnicity) and Code 7 (for
race) for ‘‘not applicable’’ only when the applicant or co-applicant is not a natural person or when applicant or co-applicant information is unavailable because the loan has
been purchased by your institution.
c. If there is more than one co-applicant,
provide the required information only for the
first co-applicant listed on the application
form. If there are no co-applicants or co-borrowers, use Code 5 (for ethnicity) and Code 8
(for race) for ‘‘no co-applicant’’ in the co-applicant column.
5. Sex of Borrower or Applicant. Use the
following Codes to indicate the sex of the applicant or borrower under column ‘‘A’’ and of
any co-applicant or co-borrower under column ‘‘CA.’’
Code 1—Male
Code 2—Female
Code 3—Information not provided by applicant in mail, internet, or telephone application
Code 4—Not applicable
Code 5—No co-applicant or co-borrower
a. Use Code 4 for ‘‘not applicable’’ only
when the applicant or co-applicant is not a
natural person or when applicant or co-applicant information is unavailable because the
loan has been purchased by your institution.
b. If there is more than one co-applicant,
provide the required information only for the
first co-applicant listed on the application
form. If there are no co-applicants or co-borrowers, use Code 5 for ‘‘no co-applicant’’ in
the co-applicant column.
6. Income. Enter the gross annual income
that your institution relied on in making the
credit decision.
a. Round all dollar amounts to the nearest
thousand (round $500 up to the next $1,000),
and show in thousands. For example, report
$35,500 as 36.
b. For loans on multifamily dwellings,
enter ‘‘NA.’’
c. If no income information is asked for or
relied on in the credit decision, enter ‘‘NA.’’
d. If the applicant or co-applicant is not a
natural person or the applicant or co-applicant information is unavailable because the
loan has been purchased by your institution,
enter ‘‘NA.’’
E. Type of Purchaser
Enter the applicable Code to indicate
whether a loan that your institution originated or purchased was then sold to a secondary market entity within the same calendar year:
Code 0—Loan was not originated or was not
sold in calendar year covered by register
Code 1—Fannie Mae
Code 2—Ginnie Mae
Code 3—Freddie Mac
Code 4—Farmer Mac
Code 5—Private securitization
Code 6—Commercial bank, savings bank, or
savings association
Code 7—Life insurance company, credit
union, mortgage bank, or finance company
Code 8—Affiliate institution
Code 9—Other type of purchaser
a. Use Code 0 for applications that were denied, withdrawn, or approved but not accepted by the applicant; and for files closed for
incompleteness.
b. Use Code 0 if you originated or purchased a loan and did not sell it during that
same calendar year. If you sell the loan in a
succeeding year, you need not report the
sale.
c. Use Code 2 if you conditionally assign a
loan to Ginnie Mae in connection with a
mortgage-backed security transaction.
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d. Use Code 8 for loans sold to an institution affiliated with you, such as your subsidiary or a subsidiary of your parent corporation.
F. Reasons for Denial
1. You may report the reason for denial,
and you may indicate up to three reasons,
using the following Codes. Leave this column
blank if the ‘‘action taken’’ on the application is not a denial. For example, do not
complete this column if the application was
withdrawn or the file was closed for incompleteness.
Code 1—Debt-to-income ratio
Code 2—Employment history
Code 3—Credit history
Code 4—Collateral
Code 5—Insufficient cash (downpayment,
closing costs)
Code 6—Unverifiable information
Code 7—Credit application incomplete
Code 8—Mortgage insurance denied
Code 9—Other
2. If your institution uses the model form
for adverse action contained in Appendix C
to Regulation B (Form C–1, Sample Notification Form), use the foregoing Codes as follows:
a. Code 1 for: Income insufficient for
amount of credit requested, and Excessive
obligations in relation to income.
b. Code 2 for: Temporary or irregular employment, and Length of employment.
c. Code 3 for: Insufficient number of credit
references provided; Unacceptable type of
credit references provided; No credit file;
Limited credit experience; Poor credit performance with us; Delinquent past or present
credit obligations with others; Garnishment,
attachment, foreclosure, repossession, collection action, or judgment; and Bankruptcy.
d. Code 4 for: Value or type of collateral
not sufficient.
e. Code 6 for: Unable to verify credit references; Unable to verify employment; Unable to verify income; and Unable to verify
residence.
f. Code 7 for: Credit application incomplete.
g. Code 9 for: Length of residence; Temporary residence; and Other reasons specified
on notice.
G. Pricing-Related Data
1. Rate Spread. a. For a home-purchase
loan, a refinancing, or a dwelling-secured
home improvement loan that you originated,
report the spread between the annual percentage rate (APR) and the average prime
offer rate for a comparable transaction if the
spread is equal to or greater than 1.5 percentage points for first-lien loans or 3.5 percentage points for subordinate-lien loans. To
determine whether the rate spread meets
this threshold, use the average prime offer
rate in effect for the type of transaction as
of the date the interest rate was set, and use
the APR for the loan, as calculated and disclosed to the consumer under §§ 1026.6 or
1026.18, as applicable, of Regulation Z (12
CFR part 1026). Current and historic average
prime offer rates are set forth in the tables
published on the FFIEC’s Web site (http://
www.ffiec.gov/hmda) entitled ‘‘Average Prime
Offer Rates-Fixed’’ and ‘‘Average Prime
Offer Rates-Adjustable.’’ Use the most recently available average prime offer rate.
‘‘Most recently available’’ means the average prime offer rate set forth in the applicable table with the most recent effective date
as of the date the interest rate was set. Do
not use an average prime offer rate before its
effective date.
b. If the loan is not subject to Regulation
Z, or is a home improvement loan that is not
dwelling-secured, or is a loan that you purchased, enter ‘‘NA.’’
c. Enter ‘‘NA’’ in the case of an application
that does not result in a loan origination.
d. Enter the rate spread to two decimal
places, and use a leading zero. For example,
enter 03.29. If the difference between the
APR and the average prime offer rate is a
figure with more than two decimal places,
round the figure or truncate the digits beyond two decimal places.
e. If the difference between the APR and
the average prime offer rate is less than 1.5
percentage points for a first-lien loan and
less than 3.5 percentage points for a subordinate-lien loan, enter ‘‘NA.’’
2. Date the interest rate was set. The relevant date to use to determine the average
prime offer rate for a comparable transaction is the date on which the loan’s interest rate was set by the financial institution
for the final time before closing. If an interest rate is set pursuant to a ‘‘lock-in’’ agreement between the lender and the borrower,
then the date on which the agreement fixes
the interest rate is the date the rate was set.
If a rate is re-set after a lock-in agreement
is executed (for example, because the borrower exercises a float-down option or the
agreement expires), then the relevant date is
the date the rate is re-set for the final time
before closing. If no lock-in agreement is executed, then the relevant date is the date on
which the institution sets the rate for the
final time before closing.
3. HOEPA Status. a. For a loan that you
originated or purchased that is subject to
the Home Ownership and Equity Protection
Act of 1994 (HOEPA), as implemented in Regulation Z (12 CFR 1026.32), because the APR
or the points and fees on the loan exceed the
HOEPA triggers, enter Code 1.
b. Enter Code 2 in all other cases. For example, enter Code 2 for a loan that you originated or purchased that is not subject to the
requirements of HOEPA for any reason; also
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12 CFR Ch. X (1–1–12 Edition)
enter Code 2 in the case of an application
that does not result in a loan origination.
H. Lien Status
Use the following Codes for loans that you
originate and for applications that do not result in an origination:
Code 1—Secured by a first lien.
Code 2—Secured by a subordinate lien.
Code 3—Not secured by a lien.
Code 4—Not applicable (purchased loan).
a. Use Codes 1 through 3 for loans that you
originate, as well as for applications that do
not result in an origination (applications
that are approved but not accepted, denied,
withdrawn, or closed for incompleteness).
b. Use Code 4 for loans that you purchase.
II. APPROPRIATE FEDERAL AGENCIES FOR
HMDA REPORTING
A. You are strongly encouraged to submit
your loan/application register via email. If
you elect to use this method of transmission
and the appropriate Federal agency for your
institution is the Bureau of Consumer Financial Protection, the Office of the Comptroller
of the Currency, the Federal Deposit Insurance Corporation, or the National Credit
Union Administration, then you should submit your institution’s files to the email address dedicated to that purpose by the Bureau, which can be found on the Web site of
the FFIEC. If one of the foregoing agencies is
the appropriate Federal agency for your institution and you elect to submit your data
by regular mail, then use the following address: HMDA, Federal Reserve Board, Attention: HMDA Processing, (insert name of the
appropriate Federal agency for your institution), 20th & Constitution Ave NW., MS N502,
Washington, DC 20551–0001.
B. If the Federal Reserve System (but not
the Bureau of Consumer Financial Protection) is the appropriate Federal agency for
your institution, you should use the email or
regular mail address of your district bank indicated on the Web site of the FFIEC. If the
Department of Housing and Urban Development is the appropriate Federal agency for
your institution, then you should use the
email or regular mail address indicated on
the Web site of the FFIEC.
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File Type | application/pdf |
File Modified | 2012-05-24 |
File Created | 2012-05-24 |