[dcsluder1]

We are exempt from reporting a LAR. (met all exemptions) I know that we don’t report anything but do we still collect the information for the government monitoring box on the HMDA loans? One examiner said “of the box is filled in, just write not HMDA reporting over it”. The other examiner said no, we still needed to collect al info like we were reporting, just not report it? So now I’m confused. Can someone help?

Topic

[rcooper]

Trying to understand your situation a little better… Is your institution exempt from HMDA?

Keep in mind Regulation B has requirements for the collection of monitoring information.

[dcsluder1]

Yes we are exempt from HMDA reporting. I guess my question is under Reg B we are still required to collect the info (complete the Government Monitoring box) although we do nothing with the info since we do not report the HMDA data.

[rcooper]

Even if you are exempt from HMDA, Regulation B will still apply to certain transactions. The Reg B monitoring info rules states in 12 CFR 1002.13:

A creditor that receives an application for credit primarily for the purchase or refinancing of a dwelling occupied or to be occupied by the applicant as a principal residence, where the extension of credit will be secured by the dwelling, shall request as part of the application the following information regarding the applicant(s):

(i) Ethnicity and race using either:

(A) For ethnicity, the aggregate categories Hispanic or Latino and not Hispanic or Latino; and, for race, the aggregate categories American Indian or Alaska Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, and White; or

(B) The categories and subcategories for the collection of ethnicity and race set forth in appendix B to 12 CFR part 1003.

(ii) Sex;

(iii) Marital status, using the categories married, unmarried, and separated; and

(iv) Age

Certain institutions (including those who were or will likely be HMDA reporters) may also collect information under other limited circumstances. You can find that in 1002.5(a) – look at (a)(4) in particular regarding voluntary Reg C reporting, if you reporting HMDA info in the last five year, or if you may be reporting such info in the future.

Please let us know if you have any follow-up questions.

[Sandy]

We are a non-HMDA bank. According to Reg B we are to collect GMI for loans to purchase or refinance a dwelling occupied or to be occupied by the applicant as their principal residence and is secured by the dwelling. If a borrower is doing a refinance with their primary residence as collateral but the loan that is being refinanced is unsecured do we collect the GMI? What if the unsecured loan was for the initial purchase of the home? What if the unsecured debt was for personal reasons NOT to purchase the home? I wanted to confirm if we collect it if either scenario comes up.

[Author]

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