As I understand reporting requirements, when our collateral has mixed use, residential & commercial, we are allowed to use reasonable standards to determine primary use of the property. If we determine that primary use is commercial, reporting is not necessary. Is this not correct?

OK, this is what is drving me crazy -- a refi. If you have a commercial loan secured by multiple properties, say a warehouse (value 750k) & a residential dwelling (value 150k) & if a DOT on the dwelling is retired with the loan proceeds, regrdless of the $ amount and probably done to better your lein position, you have a HMDA reportable refi.

How could they have gotten it so right on a single property that has a mixed use but so wrong when a refi is in the mix?

1.Yes
2.yes
3.don't know.

Good luck!

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How could they have gotten it so right on a single property that has a mixed use but so wrong when a refi is in the mix?

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I assume you been the regulators. Keep in mind HMDA applies to dwellings or the property upon which a dwelling is located. Multiple buildings on a property for the most part (although some could) would not be mixed use buildings that you would have to determine whether you have a "property" that is a residential dwelling, or a "property" that is a commercial building.

If the "property" has a residential dwelling on it, then it is going to be subject to reporting.