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#2283437 - 04/14/23 10:58 PM Rec'd Appl and Verbally advised of 80% Purch Price
Tarhe Offline
Diamond Poster
Joined: Nov 2006
Posts: 1,409
California
We received an application for a home purchase for the full purchase price, the MLO called the customer and said we do 80% of purchase price and customer agreed to the lower loan amount and we proceeded with processing. A written counteroffer was then made with an even lower amount and was not accepted. Do we report the 80% loan amount on the LAR that the customer agreed to? (As opposed to the 100% he applied for?)

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#2283440 - 04/16/23 03:43 PM Re: Rec'd Appl and Verbally advised of 80% Purch Price Tarhe
Rocky P Offline
Power Poster
Joined: Jun 2003
Posts: 7,659
Florida
From the new edition of HMDA GIR
"1. Covered loan amount - counteroffer. If an applicant accepts a counteroffer for an amount different from the amount for which the applicant applied, the financial institution reports the covered loan amount granted. If an applicant does not accept a counteroffer or fails to respond, the institution reports the amount initially requested."
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#2283448 - 04/17/23 02:14 PM Re: Rec'd Appl and Verbally advised of 80% Purch Price Tarhe
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
If the borrower specifically agreed to continue with the application based on the lower loan amount (80%), then the application was amended and you would report the denial based on the amended loan amount.

9. Action taken—counteroffers. If a financial institution makes a counteroffer to lend on terms different from the applicant's initial request (for example, for a shorter loan maturity, with a different interest rate, or in a different amount) and the applicant declines to proceed with the counteroffer or fails to respond, the institution reports the action taken as a denial on the original terms requested by the applicant. If the applicant agrees to proceed with consideration of the financial institution's counteroffer, the financial institution reports the action taken as the disposition of the application based on the terms of the counteroffer. For example, assume a financial institution makes a counteroffer, the applicant agrees to proceed with the terms of the counteroffer, and the financial institution then makes a credit decision approving the application conditional on satisfying underwriting or creditworthiness conditions, and the applicant expressly withdraws before satisfying all underwriting or creditworthiness conditions and before the institution denies the application or closes the file for incompleteness. The financial institution reports the action taken as application withdrawn in accordance with comment 4(a)(8)(i)-13.i. Similarly, assume a financial institution makes a counteroffer, the applicant agrees to proceed with consideration of the counteroffer, and the financial institution provides a conditional approval stating the conditions to be met to originate the counteroffer. The financial institution reports the action taken on the application in accordance with comment 4(a)(8)(i)-13 regarding conditional approvals.
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