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#2246186 - 12/04/20 06:21 PM HMDA Occupancy
Fiddlesticks Offline
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Joined: May 2015
Posts: 62
We have an applicant that wants to purchase land with a house next to his homestead. He will allow his daughter to live there rent free. Would the proper occupancy code be 2 for 2nd residence or 3 for investment property?

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#2246190 - 12/04/20 06:50 PM Re: HMDA Occupancy Fiddlesticks
Inherent_Risk Offline
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Joined: Jan 2017
Posts: 574
If the applicant won't live there at all, it's investment.

For purposes of § 1003.4(a)(6), a property is a second residence of an applicant or borrower if the property is or will be occupied by the applicant or borrower for a portion of the year and is not the applicant's or borrower's principal residence.

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#2285305 - 06/07/23 03:11 PM Re: HMDA Occupancy Fiddlesticks
jel99 Offline
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Joined: Sep 2021
Posts: 48
What about Primarily Business/Commercial Purpose?

We have a similar scenario where they are purchasing a 1-unit dwelling which their daughter will occupy rent free while away at college. Once graduated the borrower will lease the property.

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#2285307 - 06/07/23 03:15 PM Re: HMDA Occupancy Fiddlesticks
raitchjay Online
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Joined: Oct 2009
Posts: 9,105
OK
Either way, it should be coded as investment if the borrower will not occupy the property, either primarily or secondarily.
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#2285315 - 06/07/23 04:00 PM Re: HMDA Occupancy Fiddlesticks
jel99 Offline
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Joined: Sep 2021
Posts: 48
Yes, that's what I have it coded as currently.

Then, Yes Primarily for Business/Commercial is what I have that coded as well. I just wasn't sure if this fell under a commercial purpose since there is a relation between the borrower and occupant & no income is being generated from the property.

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#2285319 - 06/07/23 04:26 PM Re: HMDA Occupancy Fiddlesticks
raitchjay Online
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Joined: Oct 2009
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OK
A loan to purchase a home so that they can let their daughter live in it free isn't a business purpose loan in my eyes, no.

However, i don't think the family relationship is a factor....if the daughter was paying rent i would be ok with a business purpose designation and if someone unrelated to the borrowers was living there rent-free, i'd still call it consumer purpose.
Last edited by raitchjay; 06/07/23 04:29 PM.
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#2285341 - 06/07/23 08:16 PM Re: HMDA Occupancy Fiddlesticks
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
FWIW I agree with ratichjay.

What they intend to do with the property after the daughter graduates is not a factor for the purpose of the current loan. They are currently purchasing the property for a personal, family, or household purpose. Therefore it is a consumer purpose loan.
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