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#2057623 - 01/08/16 09:03 PM Opinions on HMDA and AUS
workerbee Offline
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Joined: Oct 2015
Posts: 61
just curious about others opinions on using AUS as a decision point for HMDA?

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#2057855 - 01/11/16 07:31 PM Re: Opinions on HMDA and AUS workerbee
MCCompliance Offline
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Joined: Nov 2012
Posts: 102
We have had discussions with our examiners (FDIC) and outside audit about this. From a lengthy discussion that took place last year, we got an opinion from both that AUS does not constitute a decision for HMDA. Therefore, we do have some applications that are marked as "withdrawn" after AUS has been run, if they had affirmatively withdrawn their application before underwriting made a credit decision.
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My views only.

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#2058855 - 01/15/16 01:32 PM Re: Opinions on HMDA and AUS workerbee
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
Check with your examiners, as some are of the opinion that a decision from an AUS is a decision. Much should depend upon how the bank treats that decision, but some banks with excellent compliance officers and processes have had to change their reporting.
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#2059051 - 01/15/16 07:41 PM Re: Opinions on HMDA and AUS MCCompliance
Dan Persfull Offline
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Dan Persfull
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Posts: 47,532
Bloomington, IN
We have had discussions with our examiners (FDIC) and outside audit about this. From a lengthy discussion that took place last year, we got an opinion from both that AUS does not constitute a decision for HMDA.

What Region are you in?

My previous rant
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2059055 - 01/15/16 07:47 PM Re: Opinions on HMDA and AUS workerbee
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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Posts: 21,293
That is good to know, Dan. You were the experienced compliance officer I alluded to.

Now, I do know banks who DO use that decision, so for them the answer would be different.
_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#2059105 - 01/15/16 09:23 PM Re: Opinions on HMDA and AUS workerbee
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,763
Central City, NE
Quote:
They are saying LP is the conditional approval and once we run the information through LP we had conditional approval. For the record I do not agree with this and I was ready to bump it up the ladder over the field examiner and district supervisor's heads but my board Chairman overruled me.


If you read Dan's "previous rant" string - that's exactly the point I brought up in March/April 2015 about "approved, not accepted". I'm not going to go there right now. In fact, I'm working on an article with some updated information that is gained from clarifications in the newly issued HMDA rules that will reverse my previous opinions on this topic.

If you look at Attachment B of the CFPB's HMDA Small Entity Compliance Guide (pages 105-108), you'll see some further explanation of the action taken codes (withdrawn, denied, approved not accepted, etc.). Also on page 66183 of the 10/28/15 Federal Register (the HMDA Final Rule], ti states:
While some financial institutions may view any type of approval, even one with many outstanding conditions, as an approved loan and wish to report it as such under Regulation C, the Bureau believes this would be an inappropriate result for applications that ultimately did not result in originations and were conditioned on underwriting or creditworthiness conditions.

Maybe this will help you decide is AUS is a decision point.
_________________________
David Dickinson
http://www.bankerscompliance.com

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