I don't know if I should report an application to HMDA, because I do not know if it is "technically" an application under HMDA.

This is the chain of events:

1) Consumer applied online. FI received a complete app. According to the application the consumer was going to refi their primary for home improvements.

2) Application eventually terminated ABNA because the consumer never got back to the LO. (I reported to HMDA)

3) Consumer came back down the road and wanted to proceed. LO used the same application! ...but here's the kicker...according to the notes on the file, the consumer never wanted to refi their primary residence. He really wanted to move his mobile home from a park, to his own land; property TBD. The LO wrote the file up as a prequel (my FI does not have a pre-approval program)...

With the LO using the same application, I have the 6 pieces required to complete an application. The notes on the file, however, states that the application is a prequel.

Should I report, or not report to HMDA?
I think I should since the original app was used with all 6 pieces...

Thoughts? Guidance?

Let me clarify something: An application is not a piece of paper. It's a request for credit that is typically documented on a piece of paper we call an "application". My point is you say, "the LO using the same application". The LO used the same application form, but that doesn't make it the same application for HMDA (or any other regulation).

It sounds to me like you had a request for credit that was reported. Then, they have a new request. You can use the same form, but you'll want to document this is different and new.

Interesting...my FI's procedures don't allow for the LO to use the same application for a new credit request...and the HMDA procedures reflect that due to how the attributes are reported. It sounds like I may have to revisit the procedures with legal counsel that wrote them...

Thank you, David, I will document the file accordingly...

It is certainly not a great idea to reuse an application form. Information could have changed. The bank needs fresh data.

I agree. It's always best to start fresh. My point is that you're referring to an application like it's a piece of paper. It's not. That's what documents the application (in most cases). The confusion (or at least what seemed to generate your question) is that it sounded like you didn't think there was a new application because the LO used the "old" form. Just because your FI's procedures don't allow it, doesn't mean it didn't happen and that the LO didn't receive a new request for credit which triggers HMDA and other regulations. I don't think you could say to an examiner "we didn't receive an application because the LO used the old application form."

That's what I was trying to get across. Hope it helps.

Ah, yes, I understood your point, David. Yes, I was concerned that the "new" credit request was on the same form of the "old" credit request. I did not think it was OK, period. You are stating that it is...albeit, you agree it could become very confusing distinguishing one request from the other...Thank you for taking your time with me to understand.

If the mortgage department receives a Uniform Residential Loan Application for a mortgage loan, and the applicant expresses interest in a HELOC at the same time, can we use the mortgage application for the HELOC (provided we also give the early disclosures?) Mortgage also plans to frequently offer a HELOC with a mortgage loan (even if not requested). Can the one application form serve both purposes? And can we run one credit report for both transactions?

We drafted a "Agreement to Use Application and Credit Report" for these situations that the applicant would sign allowing us to use the application and credit report for the HELOC request. Is this form the best way to go about it?