Hello,
Refinance of a single building with retail downstairs and 3 apartments upstairs. I don't have the exact square footage yet, but I'm guessing it will be very close to even, because of the way the building is built.

I don't think this matters, but the majority of the cashflow for the property comes from the retail space.

Is this going to be HMDA reportable?

You can use either square footage or income to determine if the property is primarily business or dwelling. If it's priimarily business, then it's not HMDA reportable.

From GIR page D-5:

Mixed-use property. A dwellingsecured
loan to purchase property
used primarily for residential purposes
(for example, an apartment building
containing a convenience store) is a
home purchase loan. An institution
may use any reasonable standard to
determine the primary use of the property,
such as by square footage or by
the income generated. An institution
may select the standard to apply on a
case-by-case basis.

You have your choice on a mixed-use test of whether to use square footage or income generated. If the square footage is equal and the cashflow shows most of the income coming from the retail part, i'd personally look at as a primarily commercial property and not report it.

This BOL article is also helpful:

http://www.bankersonline.com/lending/guru2007/gurus_ldng082707b.html

Thanks both for the quick response. We have few enough reportable loans that I forgot all about the GIR.

manimal, the article was a great response also.