In March, our office closed a commercial loan to two individuals. Credit reports were pulled, using SSN information only. The loan IS HMDA reportable, however no birthdate for obtained for either individual.

I don;t see in the reg that reporting age of the borrower at application is an option. What are others doing? Are you requiring the loan officer to go back to the borrower to obtain the birthdate?

Thank you.

How can you make a loan to two individuals and not have their date of birth and meet your CIP requirements?

(i) Customer information required —(A) In general. The CIP must contain procedures for opening an account that specify the identifying information that will be obtained from each customer. Except as permitted by paragraphs (a)(2)(i)(B) and (C) of this section, the bank must obtain, at a minimum, the following information from the customer prior to opening an account:

(1) Name;

(2) Date of birth, for an individual;

What Randy ^^^ said. And did anyone think to check the credit report for a birth date?

yes, No birthdate on the credit report.

The information was obtained from the lending institution, which opened the borrowers deposit account prior to loan closing.

Unfortunately your real questions hasn't been answered. What has been is that there is a training and info gathering session in the future of the CML loan area.

HMDA wants the info. Rather than put up with the constant reminder that it isn't there, I would say yes, go back to the CML area and/or that lender and tell him to call the borrowers to a) say the bank needs this info or b) say the bank likes to celebrate the birthdays of great customers and he wants them added to the birthday card list.

I am still really confused as to how they met CIP requirements with no date of birth - commercial customers or not?

I'm guessing they didn't. I won't say commercial lending is exempt, but they may have thought they were or that they already had this.

The date of birth was collected by the lending institution when the required deposit account was opened prior to the commercial loan closing. My organization provided the commercial loan services to the lending institution. We collect the HMDA information and forward it to the lending institution to report. We went back to the lending institution for the missing birthdate information.

I am really confused? What does this mean? "My organization provided the commercial loan services to the lending institution." Are they actually a customer of yours? If not, then it really does not sound like your problem, unless you are supposed to be gathering CIP for the other institution. Why would you pass HMDA information to another lender that is making the credit decision?

My company does not lend money or make the lending decision. We provide commercial lending services including loan officers, underwriting, closing and servicing; but all decision making and funding come from the financial institution. As the loan is closed in the institutions name as lender, they are responsible for reporting, but all (most) pertinent information regarding the loan is in my company's possession. Hence, we provide the commercial loan HMDA information to the lending institution to report.