To summarize, the bottom line is that you need to determine whether you have a purchase, refinance, or home improvement loan for a business purpose loan to be HMDA reportable. Based on what you provided, we aren't 100% sure, so we don't want to lead you down the wrong path.
If the funds are paying of existing loans (which will be satisfied and replaced by the new financing) where the same entity is the owner on the prior loan(s) as well as the new loan, then it would be a refinance.
If the "buy out" means that title is transferring, it would probably be a purchase.
If the loan doesn't meet the definition of a refinance or purchase (or home improvement), then it would not be reportable at all.
Again, I'm just not sure that we have enough information to give you a 100% answer at this point as you really need to dot your "i's" and cross your "t's" to ensure it is properly reported.
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Adam Witmer, CRCM
All statements are my opinion, not those of my employer, and should not be taken as legal advice.
www.compliancecohort.com