When does the 30 day notification period begin on an adverse action taken on an application under Reg. B once the bank decides the adverse action or within the 30 days after receipt of the completed application?
Is the Reg B Appraisal Notice required for loans to builders of residential properties?
Is the 1004D (certificate of completion for new construction) a valuation per Regulation B (1002.14(b)(3)?
Yes it is an inspection that reports the state of completion of the home and does not derive an independent valuation of the home, so in that sense it seems to be an inspection and not a valuation. A new value is not reported on the document, although if repairs are still required, it could report a "cost to cure."
Two elements of the 1002.14 (b)(3) commentary cause me to pause and raise the issue that the 1004D could be considered a valuation.
a) An attachment or exhibit to the appraisal, I cannot close the loan without this document and it serves as supplemental information supporting the original valuation, based on the confirmation that the home is complete or not complete. Together, these documents are my evaluation.
b) Additionally under what is not a valuation , an inspection that does not provide an estimate of the value (so far, so good) and is not used to develop an estimate of the value of the property. The 1004D by reporting the condition of the property or completion status, is being used to support the original valuation. Is that enough to say it is being used to "develop" the estimate of the value?
2. Attachments and exhibits. The term valuation includes any attachments and exhibits that are an integrated part of the valuation.
3. Other documentation. Not all documents that discuss or restate a valuation of an applicants property constitute a valuation for purposes of § 1002.14(b)(3). Examples of documents that discuss the valuation of the applicant's property or may reflect its value but nonetheless are not valuations include but are not limited
v. Reports reflecting property inspections that do not provide an estimate of the value of the property and are not used to develop an estimate of the value of the property
I have reached out to some contacts I have in the industry with mixed reviews. Operationally the impact here is really the delivery timing as completion certificates often arrive right before the scheduled loan closing.
What is the required number of reasons that needs to be listed on an Adverse Action when providing a denial to a customer?
Regarding the new ECOA Valuation Rule that amends the appraisal provision of ECOA's Regulation B. Would it apply to home builders? I can't find anything in the regulation that it wouldn't.
Does the new appraisal rule under the ECOA apply to Home Builders?
If an individual applies for a loan and the lender pulls credit on both him and his spouse (spouse is not on the application or affiliated with the loan) is this a violation to the spouse?
We do a lot of investment (rental) property financing as commercial loans. They are 1st lien, 1-4 family dwellings. We do not have an official commercial application. Trying to determine if we need to send or give the customer the Appraisal Notice, and if so, 3 days from what date since there is no application?
Reg B - appraisals - can we email a copy of the appraisal to the Borrowers as long as it is secured and we get a read receipt for the email? How long after this do we need to wait to close the loan?
We are in the process of underwriting a request for a Participation Bought deal with HSBC Bank for a committed facility. Is this subject to Reg B?