Logged off because I thought this was a stupid question, which I should already know...but I feel like it's Monday all over again.

Customer wants to get a loan to payoff his mortgage, an installement loan (not really sure what it was for but I think it was a Home equity) and get some cash out for personal expenses.

Would this be considered a refinance for HMDA purposes? I say yes because the majority of the new loan will payoff the original mortgage.

If the new loan is secured by a mortgage on a dwelling, and is not temporary financing, this is reportable as a refinance. By the way, it doesn't matter how much of the new loan goes to pay off mortgage debt, if any of it does, the new loan meets the refi definition.

To try to make it even plainer, if you're taking a mortgage to pay off a mortgage, it's HMDA.

From that starting point, you look at things like temporary financing and what the additional monies will be used for.

In your case, you say "some cash out for personal expenses". Are ANY of these expenses for the home or property? If they buy so much as a new doorknob and spend the rest of the extra money on debt consolidation, you've now got a home improvement loan.

Happy Monday...again.