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October 29
Documenting an Applicant's Intent to be a Joint Applicant;
David Dickinson

November 4
Issues with Deceased Customers;
Mary Beth Guard and John Burnett

November 5
Vault Burglaries, Floods, Fires & Other Disasters;
Dave McGuinn

November 6
MLO v LO - Who Has to Do What?;
Jack Holzknecht and Mary Beth Guard

November 13
Domestic Violence & Workplace Violence: There Is A Link;
Shelly Collins and Dana Turner

November 18
Understanding USPAP and Regulatory Guidelines for Appraisal and Evaluation Compliance Reviews;
Eric Collinsworth



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#1406597 - 06/22/10 11:48 AM Reg B-GMI / HELOC / non-HMDA
Red's Kid Offline
New Poster

Registered: 04/08/10
Posts: 5
Loc: PA
We are a HMDA reportable bank that has opted not to report HELOC's. However, during a recent teleseminar they stated that it is a violation if we fail to collect GMI when we have a HELOC for the purpose of purchase or refinance the applicant's principal dwelling. Since we don't report HELOC's should we still collect the GMI? and if so, what should we do with it?

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Lending Compliance
#1406624 - 06/22/10 12:05 PM Re: Reg B-GMI / HELOC / non-HMDA [Re: Red's Kid]
swiggles Offline
Power Poster

Registered: 08/14/01
Posts: 5791
Ha....that's the $10,000 question, the answer for which depends upon who you ask. Reg B requires that you gather GMI for a loan that is primarily for the purchase or refinance of a dwelling occupied or to be occupied by the applicant as a principal residence. However, we do not report HELOCs and we do not gather GMI. We were formally cited for gathering GMI on construction loans (for principal residences)because these are not reportable under HMDA....though the loan technically IS for the purchase of a dwelling occupied or to be occupied as a principal residence under Reg B. So we quit gathering for ANY loan for which there is optional reporting (and we have opted out) or for any other loan that is exempted from HMDA reporting (such as construction or bridge loans). Next exam, we'll probably be cited for that. We had been gathering GMI on construction loans since the beginning of time....never a mumbling word from an examiner....then all of a sudden, a formal citation.
_________________________
The more you sweat in training, the less you bleed in battle.......

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#1406648 - 06/22/10 12:24 PM Re: Reg B-GMI / HELOC / non-HMDA [Re: swiggles]
David Dickinson Online
10K Club

Registered: 11/28/00
Posts: 14092
Loc: Central City, NE
Swiggles is right. Technically, Reg B & Reg C are 2 different regulations with 2 different requirements. You are right to collect GMI on all loans required by Reg B but only report those loans that are subject to Reg C.

In the past, most examiners would just look at HMDA banks and expect you only collect and report HMDA applicable loans. IOW, collect GMI only if you report it. I'm still in the camp of this approach but, as Swiggles explained, there is a risk of being cited. Most examiners that I know won't cite you for this, but they may.
_________________________
David Dickinson
http://www.bankerscompliance.com

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#1406716 - 06/22/10 01:44 PM Re: Reg B-GMI / HELOC / non-HMDA [Re: David Dickinson]
Red's Kid Offline
New Poster

Registered: 04/08/10
Posts: 5
Loc: PA
Thank you both!!!

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