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#993765 - 07/11/08 07:07 PM Government Monitoring Information
E2008P Offline
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Joined: Feb 2008
Posts: 40
If a loan is made for commercial (business) purpose and the borrower's principal residence is used for collateral, if government monitoring information required?

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Lending Compliance
#993856 - 07/11/08 08:20 PM Re: Government Monitoring Information E2008P
Ray_ Offline
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Joined: Aug 2006
Posts: 879
Dallas, TX
What is the purpose?

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#993920 - 07/11/08 09:06 PM Re: Government Monitoring Information Ray_
E2008P Offline
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Joined: Feb 2008
Posts: 40
Business expenses.

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#993933 - 07/11/08 09:23 PM Re: Government Monitoring Information E2008P
Ray_ Offline
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Joined: Aug 2006
Posts: 879
Dallas, TX
No because it is not a HMDA reportable purpose. But, a flood determination is needed.

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#993942 - 07/11/08 09:34 PM Re: Government Monitoring Information Ray_
hmdagal Offline
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hmdagal
Joined: Dec 2002
Posts: 3,841
In the event the loan was refinanced, it would be HMDA reportable and if the borrower is a natural person GMI would need to be collected.

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#993965 - 07/11/08 10:24 PM Re: Government Monitoring Information hmdagal
E2008P Offline
Junior Member
Joined: Feb 2008
Posts: 40
On this website under "Bankers Tools", there is a Checklist for Commercial Purpose R/E Loan and one of the checklist items is Government Monitoring Sheet (if residential). Is the checklist incorrect?

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#994055 - 07/12/08 01:51 PM Re: Government Monitoring Information E2008P
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
No that is not incorrect. If the loan is secured by residential property and the purpose of the loan meets the definition of a home purchase, home improvement or refinancing as defined by HMDA the GMI is required. If th loan purpose does not meet one of those definitions then the GMI is not applicable.

That check list appears to be designed to be answered yes, no or n/a for the particular items listed to be in the file.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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