You also asked about other residential RE regs.....for HMDA purposes, this doesn't sound like a structure that is being used as a dwelling. I wouldn't treat it as a HMDA loan based on the scenario you presented. Obviously, if the loan is business purpose (or to a non-natural person) and is thereby exempt from Reg. Z, that would exempt it from ATR, but i wouldn't treat it as subject to ATR even if not exempt from Reg. Z, using the same reasoning--the structure isn't being used as a dwelling.
I'm fixin' to fix that.