Friday 11/30/12 we had a customer call in for a refinance, on the same day we locked the rate but did not complete an application form so there fore did not collect GMI at that point. The customer then came in on 12/4/12 and we provided the Reg Z & RESPA disclosures as well as completed the application form and collected GMI.

Here is what concerns me, shouldn’t we have collected GMI on 11/30/12 as that was the actual day of application correct?

Also we are not a HMDA bank.

From Apendix B to Part 203 of HMDA's A Guide to HMDA Reporting, Getting it Right!
II. Procedures
A. You must ask the applicant for this information (but you cannot require the applicant to provide it) whether the application is taken in person, by mail or telephone, or on the Internet. For applications taken by telephone, the information in the collection form must be stated orally by the lender, except for that information which pertains uniquely to applications taken in writing.
Sounds like it would depend on what you consider the actual "application date". My procedures don't allow me to lock a rate unless I have enough information to complete an application, so in this case I would date my application as of 11/30, but your procedures may be different.
Hope that helps!

I agree, how can you lock a rate for a borrower without an application? Do you mean the bank locked the rate or that the rate was locked which obligated the borrower in some way?

The bank itself locked the rate.

I believe what rlcarey is saying is that the bank doesn’t just lock loans (even with investors) without having an application for a loan. Most banks don’t go around locking hypothetical loans that aren’t supported by an application. That is certainly the line of reasoning the examiners would take. The only way that you could show the locking of the loan did not relate to the application. The loan amount locked was not related to the actual application received, and you could show by a pattern or practice that the bank regularly locks loans without an actual loan (application). I’m not aware of any bank that does this and even if you could show it, it would still be a tough sell to the regulators.
Bottom line, I’m with rl and Timothy on this, you had an application when you locked the loan, that is the date that triggers all the “magic”.