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#2239095 - 07/06/20 03:10 PM HMDA-- who reports?
Anonymous
Unregistered

We are using our loan servicer to help with originations.

The servicer will originate the loan (make the credit decision) and we will fund it. Once the loan is funded, we will either sell it on the secondary market or retain in our portfolio.

Based on my reading of 1003.4 and its commentary, it appears that our servicer would report the loan as the originator. We would only report the loan if we are the "purchaser" but since we are funding all the loans, I don't believe we are considered as having purchased any of them. So do we legitimately have nothing to report in regards to these specific loans?

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#2239098 - 07/06/20 03:29 PM Re: HMDA-- who reports? Anonymous
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
Sounds like your loan servicer is acting as a contract underwriter. They are not going to report HMDA - that only happens when the decision maker also buys the loan.
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#2239102 - 07/06/20 04:45 PM Re: HMDA-- who reports? Anonymous
Anonymous
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So in the event that the do buy the loan from us (one of the options), then they would report in that case? But as the purchaser? Would we still be the originator (since they are making the loan decision based on our underwriting criteria)?

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#2239107 - 07/06/20 05:03 PM Re: HMDA-- who reports? Anonymous
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
Only one financial institution reports each originated covered loan as an origination. If more than one institution was involved in the origination of a covered loan, the financial institution that made the credit decision approving the application before closing or account opening reports the loan as an origination. It is not relevant whether the loan closed or, in the case of an application, would have closed in the institution's name. If more than one institution approved an application prior to closing or account opening and one of those institutions purchased the loan after closing, the institution that purchased the loan after closing reports the loan as an origination. If a financial institution reports a transaction as an origination, it reports all of the information required for originations, even if the covered loan was not initially payable to the financial institution that is reporting the covered loan as an origination.
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