For Owner Occupied Home Loans we use the lowest Middle score. What should we use for Commercial Loan made to individuals?

You report the credit score relied on in making the credit decision.

We don't rely on the credit score. The Loan Officer will run a Credit Report but doesn't rely on the score. He will check to see if he has any judgments or collections and go from there. Are any of my peers just reporting as NA?

If you did not rely on the score, you report NA. From the commentary to 1003.4(a)(15):

5. Transactions for which no credit score was relied on. If a financial institution makes a credit decision without relying on a credit score for the applicant or borrower, the financial institution complies with § 1003.4(a)(15) by reporting that the requirement is not applicable.

If there is a score on the credit report...how do you disprove that you did not use that score in the credit decision?

The document from the CFPB we are using says if the credit score is not applicable, you report 8888 in that field. Has that changed?

I agree. It will be difficult to convince an examiner that you didn't use a score if you have one.
A financial institution relies on a credit score in making the credit decision if the credit score was a factor in the credit decision even if it was not a dispositive factor. For example, if a credit score is one of multiple factors in a financial institution’s credit decision, the financial institution has relied on the credit score even if the financial institution denies the application because one or more underwriting requirements other than the credit score are not satisfied. [Commentary to §1003.4(a)(15) #1]

However, you might be able to rely upon this:
If a financial institution makes a credit decision without relying on a credit score for the applicant or borrower, the financial institution complies… by reporting that the requirement (to report the credit score and scoring model version) is not applicable. [Commentary to §1003.4(a)(15) #5]



No. NA = 8888 for credit score info.