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#2281946 - 03/07/23 09:37 PM Notice of incompleteness/Entities revenues >1M
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Joined: Nov 2008
Posts: 1,109
In the mountains
Do notices of incompleteness at 1002.9(c)(2) always have to be in writing even if the applicant is an entity with revenues >1M in the preceding year?

Is the following correct -
> Can initially request the information orally.
> If the information is not provided, then have to either
1. Notify in writing or orally the request is being declined because the application is incomplete within 30 days of receiving the incomplete application; or
2. Send a written notice specifying the information needed, stating a reasonable deadline to provide, and letting them know there will be no further consideration of the application if those items are not provided.

Another question...What if you discover you have an "incomplete application" more than 30 days after the application is received? For example, what if you discover inconsistent information regarding the entities ownership 34 days after you receive the application and therefore now consider the application incomplete since you cannot make a credit decision until this is resolved. Does the 30 day timing for either a decline or a notice of incompleteness start from the date you realized you now have an "incomplete application"?
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Lending Compliance
#2281951 - 03/07/23 10:02 PM Re: Notice of incompleteness/Entities revenues >1M Likes to Comply
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
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#2281953 - 03/07/23 10:25 PM Re: Notice of incompleteness/Entities revenues >1M Likes to Comply
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Thank you for this. What is you take on the second part regarding a discovery that is beyond 30 days from when the application was received. Does it all work the same way?
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#2281957 - 03/08/23 12:18 AM Re: Notice of incompleteness/Entities revenues >1M Likes to Comply
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
"you discover inconsistent information regarding the entities ownership 34 days after you receive the application"

Really? What the heck was your loan officer or support staff doing for 34 days? That seems a little unreasonable. If you are taking more than 30 days to close a loan or it is very large and complicated loan, either the borrower is dragging their feet or your loan ops is not doing their jobs. But nevertheless, if the application was moving forward as rapidly as possible, you send the NOI then.
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#2282063 - 03/09/23 06:02 PM Re: Notice of incompleteness/Entities revenues >1M Likes to Comply
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In the mountains
Thanks, I appreciate the help.
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