On or after 10/01, the LAR reported rate spread will always be the new one calculated based on the AOPR.
That's correct for applications received on or after 10/01/09. Applications received before 10/01/09 and closed on 12/31/09 or before will still be based on the treasury maturities so you will need to use the old calculator.
For loans closed on or after 01/01/10 you will use the new calculator (AOPR) for all applications regardless of when they were received.
Since we must still report HOEPA Status as 1,2 or n/a, the old calculation for purposes of that data field on the LAR
HOEPA status on the LAR will always be a 1 or a 2. There is no NA option. The rate and fees calculation for HOEPA under Sec 32 of Reg Z has not changed.
Keep in mind you could have a HOEPA loan due to the fees and not the APR; therefore you wouldn't have a HOEPA rate spread but you would have a HOEPA loan to be reported on the LAR.