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#447352 - 10/26/05 03:51 PM Recording certain loans
Purex Offline
100 Club
Joined: Oct 2005
Posts: 181
South
If we are recording consumer/auto loans and we have indirect relationships with several dealers do we show those loans under CRA orginated or purchased by bank? Please any help will be appreciated.

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#447353 - 10/26/05 04:19 PM Re: Recording certain loans
Len S Offline
Diamond Poster
Joined: Oct 2004
Posts: 2,090
Connecticut
Technically you are buying consumer paper and whether it should be reported as a small business loan at all depends on how the transaction is structured. However, since the original loans are not small business loans you would not report the loans as purchased small business loans. Whether you report them at all depends on whether you have set up a line of credit with your auto-dealer clients and are advancing funds pursuant to the line which is secured by the underlying consumer paper. In that case the entire line would be reportable as a small business loan origination (not purchase).
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#447354 - 10/26/05 04:42 PM Re: Recording certain loans
Anonymous
Unregistered

If the arrangement with the dealer is to buy the paper but not have this set up as a line of credit, would they need to show the loans as originated or purchased?
Our bank simply records all consumer loans (including auto) although we do not report them. We buy the dealer paper and set up a loan for the customer and send the proceeds to the dealer to pay for the automobile.
Would we have to show on the CRA data system that these loans are purchased even though we do not report them, only record them incase we ever wanted the feds to consider our consumer loans during a CRA exam?

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#447355 - 10/26/05 05:36 PM Re: Recording certain loans
Len S Offline
Diamond Poster
Joined: Oct 2004
Posts: 2,090
Connecticut
The way I understand the arrangement is that you are buying consumer paper from an auto dealer. This is not reportable as a small business loan either as an origination or a purchase. Where there is potential confusion is if you are buying the paper with recourse to the dealer. If you have a formal arrangement with the dealer that is in the form an overall limit on the guaranteed paper you are buying from the dealer, it might be construed as a line of credit commitment in which case you would have a reportable line of credit. If there is no recourse or recourse with no formal overall commitment, then the transaction would not be reportable at all. In no case however would you report the arrangement as a small business loan purchase under CRA
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#447356 - 10/26/05 06:34 PM Re: Recording certain loans
HRH Dawnie Offline
Power Poster
HRH Dawnie
Joined: Aug 2002
Posts: 7,353
Anchorage Alaska
But...you can collect the data and track it for future use if you ever decide to have your consumer loans submitted for consideration in an exam Overloaded. (I believe that was what you were getting at)

One caution on that...I myself collect the data, just in case I'd want to, or have to, use it during an exam. BUT!!! I don't do data integrity on consumer lending at this point, so the data is really just FYI. I wouldn't use it unless I had done a very significant review of it's quality. I'd hate to submit my auto loans under the consumer lending category, (by submit I mean give the data to the examiner during exam time) and then find that the dealer was not reporting income correctly, so while I thought I had a boatload of LMI deals, I really had a boatload of high income deals.
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