I just read that the definition of refinance means "a new obligation...by the same borrower..." Am I intereting this correctly to mean if mom and dad refinance their daughter's home purchase loan and daughter does not sign new note, this is not HMDA reportable?

As crazy as it sounds that's my take also.

If Dad and Mom aren't currently borrowers on the loan being paid and the daughter will not be on the new loan then you do not have a refinance per the HMDA definition.

The exception would be if the new loan is secured by Dad and Mom's dwelling (or a different dwelling owned by Mom and Dad) and a portion of the loan would be paying off an existing loan on that dwelling.

Thanks Dan, that is what I thought, but I needed some reassurance.

Wouldn't they be purchasing the property? Would you have a loan to the parents and the deed of trust or mortgage to the daughter? Who would rescind. What a weird deal.

mom and dad make the home purchase, they later refinance the loan, the son is the borrower and now mom and dad are co-signers.... is this refinance under HMDA??

IMO no. Mom and Dad are no longer "borrowers". However, if you needed their income to qualify the loan are they co-signers or are they co-borrowers?

mom and dad are co-signers....

Then I would not collect the GMI, however if their income was used to qualify the loan you would report the income.

right but,, it is not a refinance, right? the son is the new borrower,,, mom and dad are just co-signers ....
I understand your point with the income... if it was a hmda loan, and you have used cosigner's income, then you would report that income as well.

Sorry, got off tract (I was still in another thread). No, this would not be a refi IMO.