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#1670029 - 02/27/12 03:17 PM Action Taken
gunches Offline
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Joined: Dec 2005
Posts: 210
We approved a loan subject to appraisal coming in with a value to keep LTV at 80% or lower. Applicant didn't feel property would appraise high enough, and so opted to withdraw application? WE do not have a pre-approval program.

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#1670041 - 02/27/12 03:43 PM Re: Action Taken gunches
RaesPlace Offline
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Joined: Mar 2011
Posts: 230
From the HMDA FAQS

Conditional approvals---failure to satisfy creditworthiness conditions. How should a lender code "action taken" where the borrower does not satisfy conditions concerning creditworthiness?

Answer: If a credit decision has not been made and the borrower has expressly withdrawn, use the code for "application withdrawn." That code is not otherwise available. See Appendix A, I.B.1.d. If the condition involves submitting additional information about creditworthiness the lender needs to make a credit decision and the applicant has not responded to a request for the additional information in the time allowed, use the code for "file closed for incompleteness." See Appendix A, I.B.1.e. If the borrower has supplied the information the lender requires for a credit decision and the lender denies the application or extends a counter-offer that the borrower does not accept, use the code for "application denied." If the borrower has satisfied the underwriting conditions of the lender and the lender agrees to extend credit but the loan is not consummated, then use the code for "application approved but not accepted."

For example, if approval is conditioned on a satisfactory appraisal and, despite notice of the need for an appraisal, the applicant declines to obtain an appraisal or does not respond to the lender's notice, then the application should be coded "file closed for incompleteness." If, on the other hand, the applicant obtains an appraisal but the appraisal does not support the assumed loan-to-value ratio and the lender is therefore not willing to extend the loan amount sought, then the lender must use the code for "application denied."

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#1670043 - 02/27/12 03:31 PM Re: Action Taken gunches
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
Depends how you notified the applicant the need for an appraisal. It will either be closed for incompleteness or denied for an incomplete application.

http://www.ffiec.gov/hmda/faqreg.htm
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1670125 - 02/27/12 04:52 PM Re: Action Taken Dan Persfull
gunches Offline
100 Club
Joined: Dec 2005
Posts: 210
Loan officer called the customer to discuss the need for the appraisal, and advised what amount the property would need to appraise at.

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#1670134 - 02/27/12 04:59 PM Re: Action Taken gunches
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
Verbal communication would not constitute a Notice of Incompleteness under 1002.9. This would be a denial for an incomplete application.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2081602 - 06/02/16 08:39 PM Re: Action Taken gunches
Compliance504 Offline
Platinum Poster
Joined: Dec 2008
Posts: 729
Tennessee
I've not seen this before.....What if we have approved a loan based on a conditioned appraisal....the appraisal is conditioned upon roof repair.....

The buyer (applicant) and seller cannot agree on the roof repair and buyer decides to back out of deal and withdraws application.....

Would this be approved not accepted or a denial based on collateral?

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#2081696 - 06/03/16 03:34 PM Re: Action Taken gunches
Truffle Royale Offline

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Joined: Jul 2003
Posts: 17,400
You approved the loan with the condition the roof be repaired.
Circumstances aside, the borrower didn't accept your approval.
I say approved but not accepted.

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#2081700 - 06/03/16 03:38 PM Re: Action Taken gunches
Compliance504 Offline
Platinum Poster
Joined: Dec 2008
Posts: 729
Tennessee
Thanks, Truffle!!

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#2081918 - 06/06/16 01:33 PM Re: Action Taken gunches
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
What if we have approved a loan based on a conditioned appraisal....the appraisal is conditioned upon roof repair.....

The buyer (applicant) and seller cannot agree on the roof repair and buyer decides to back out of deal and withdraws application.....

Would this be approved not accepted or a denial based on collateral?


Review the FAQs for Conditional Approvals.

It appears from your statement you don't have a satisfactory appraisal that will support the loan request.

Exert from the FAQs.

For example, if approval is conditioned on a satisfactory appraisal and, despite notice of the need for an appraisal, the applicant declines to obtain an appraisal or does not respond to the lender's notice, then the application should be coded "file closed for incompleteness." If, on the other hand, the applicant obtains an appraisal but the appraisal does not support the assumed loan-to-value ratio and the lender is therefore not willing to extend the loan amount sought, then the lender must use the code for "application denied."
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2081920 - 06/06/16 01:36 PM Re: Action Taken gunches
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2081976 - 06/06/16 04:22 PM Re: Action Taken gunches
Compliance504 Offline
Platinum Poster
Joined: Dec 2008
Posts: 729
Tennessee
Thanks, Dan....we're reporting denied due to collateral.....

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#2092227 - 08/08/16 07:27 PM Re: Action Taken gunches
Compliance504 Offline
Platinum Poster
Joined: Dec 2008
Posts: 729
Tennessee
Loan conditionally approved upon a recorded maintenance agreement with a neighbor for a shared driveway...Neighbor refused to sign such an agreement......applicant withdrew.....

Would this type of conditioned approval be "analogous" to a clear title issue where we report approved not accepted....

Or is this a decline due to collateral?

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#2092896 - 08/12/16 01:22 PM Re: Action Taken gunches
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
How would a shared maintenance agreement affect the title? In this area a shared maintenance agreement is simply an agreement the parties sign to share the cost of any maintenance or repair to the property, it does not affect easements or title.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2092985 - 08/12/16 05:26 PM Re: Action Taken gunches
Compliance504 Offline
Platinum Poster
Joined: Dec 2008
Posts: 729
Tennessee
I don't know, Dan.

I've never seen a loan not originated because of this (Honestly, I've never seen a loan approval conditioned on this).....it is currently being reported as approved not accepted.....but I wasn't sure if it should be reported as denied due to collateral.....

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#2093042 - 08/12/16 07:23 PM Re: Action Taken gunches
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
I don't see it as an approved but not accepted. IMO the condition the loan officer placed on the request has nothing to do with being able to get clear title to the property.

I would be concerned from a fair lending perspective if this condition has been placed on other loan requests in similar situations.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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