In situations where a third-party broker originated the loan (so their NMLS ID is on the URLA), but we close the loan in our name so the NMLS ID on the final CD shows the bank, which is used for HMDA reporting purposes? The broker's NMLS ID or the bank LOs NMLS ID on the CD?

I understand we can establish a written policy for determining which individual mortgage loan originator has primary responsibility for the reported transaction as of the date of action taken. Refer to excerpt below from the getting it right guide.

I'd like to survey the group and see what everyone else is doing and if there are ramifications (unforeseen negative consequences) to using either/or.


2022 HMDA Getting It Right Guide
5.30 Mortgage loan originator identifier If more than one individual associated with a Covered Loan or Application meets the definition of “mortgage loan originator,” as defined in Regulation G or Regulation H, a Financial Institution reports the NMLSR ID of the individual mortgage loan originator with primary responsibility for the transaction as of the date of action taken. A Financial Institution that establishes and follows a reasonable, written policy for determining which individual mortgage loan originator has primary responsibility for the reported transaction as of the date of action taken complies with this reporting requirement. Comment 4(a)(34)-3

Bumping

I am confused. What involvement does your MLOs have with a loan that is only closing in your name. If I was not actively involved in the loan, I would not want my NMLS number associated with it. What if a pattern of discrimination is identified with this broker?

You're reporting who the mortgage originator is, which is defined in 1007 as:

(1) An individual who:

(i) Takes a residential mortgage loan application; and

(ii) Offers or negotiates terms of a residential mortgage loan for compensation or gain.

That isn't the closing persons.