I feel the Regulation and the Filing Instructions Guide both allow/require seller-paid amounts to be included in the "Discount Points" data field. However, I would say a disconnect exists here with "Origination Charges," as this data field is specifically mentioned to only contain borrower-paid amounts, but common sense says "Discount Points" is part of "Origination Charges." So, if you were reporting seller-paid discount points, the discount point field could exceed the origination charges field. That would probably give some sort of Edit/Submission Error, but I can't definitely say it is right or wrong in reality.

I agree with you about Origination Charges being only borrower paid. In fact, here's my notes about 3 of the 5 "Points and Fees" data fields:
Total Loan Costs = Only borrower paid loan costs.
Total Points and Fees = Borrower or seller paid.
Origination Charges = Only Borrower paid.

However, I'm with you concerned Discount Points. I can't find any info about seller paid. I also sent this question to the CFPB (twice) and never received a response.

HMDA says - (19) For covered loans subject to the disclosure requirements in Regulation Z, 12 CFR 1026.19(f), the points paid to the creditor to reduce the interest rate, expressed in dollars, as described in Regulation Z, 12 CFR 1026.37(f)(1)(i), and disclosed pursuant to Regulation Z, 12 CFR 1026.38(f)(1).

The (f)(1)(i) reference says - (i) The points paid to the creditor to reduce the interest rate shall be itemized separately, as both a percentage of the amount of credit extended and a dollar amount, and using the label “__% of Loan Amount (Points).” If points to reduce the interest rate are not paid, the disclosure required by this paragraph (f)(1)(i) must be blank.

Those points paid could seemingly be seller-paid or consumer-paid. I can understand why you can't get an answer. The "tough" ones aren't conducive to getting an answer from the CFPB.

Just to add another wrinkle, what about lender paid points? They would also be on A.01, but can they really be considered "paid to the creditor?"

I got the below from the CFPB (It was not very helpful). They did say that "This total is disclosed on Line A.01..." and a total of all points is not disclosed if they are paid by multiple parties, which isn't probably evidence of anything, but the total of borrower paid points would be disclosed there (grasping at straws for an actual answer).

From the CFPB:
Under Regulation C, 12 CFR § 1003.4(a)(19), effective January 1, 2018, financial institutions must report, for covered loans subject to the disclosure requirements in 12 CFR § 1026.19(f), the points paid to the creditor to reduce the interest rate as disclosed on the Closing Disclosure pursuant to Regulation Z, 12 CFR § 1026.38(f)(1). This total is disclosed on Line A.01 of the Closing Cost Details page of the Closing Disclosure. General information about discount points paid to the creditor can be found in § 1026.37(f)(1)(i) and its related commentary.

According to the HMDA Filing Instructions Guide, a financial institution reports, in dollars, the points paid to the creditor to reduce the interest rate. For example, if the amount paid for discount points is $2,399.04, the financial institution enters 2399.04. The HMDA Filing Instructions Guide also states that if no points were paid, leave this field blank... [It goes on about NA]

Resurrecting this post - anyone get a definitive answer on this?

We went with reporting the total discount points. It was not clear (though I leaned towards the total amount) in the rule and we discussed with outside counsel. In addition, I found this online recently which also supports the decision. If someone received conflicting information from the CFPB that would be interesting.

http://www.wolterskluwerfs.com/regulatory-analytics/HMDA-FAQs.aspx

Q: Is a Financial Institution only required to report discount points paid by the borrower?
A: Section 1003.4(a)(19) of Regulation C requires a Financial Institution to report discount points paid to reduce the interest rate on covered loans subject to the disclosure requirements of Regulation Z, 12 CFR 1026.19(f). In the Section-by-Section Analysis included in the publication of the final HMDA rule, the CFPB stated that the discount points that a Financial Institution would report are those listed on Line A.01 of the Closing Cost Details page of the Closing Disclosure. Note that Line A.01 lists the amount of the discount points paid and is not limited to discount points paid by the borrower. Despite that fact, other statements in the Section-by-Section Analysis refer to “discount points paid by the borrower.” Upon contacting the CFPB regarding the matter, the Unofficial Verbal Guidance from the CFPB is that a Financial Institution would report the total discount points entered on Line A.01 regardless of who paid the discount points.

So then you would report all points on the LAR and also show all points on the LE/CD as well. Right?

That is my interpretation, yes.

We have also received that same "unofficial verbal guidance."