If a new Commercial Loan is being made to pay off an existing Commercial Loan secured by a dwelling that was originally made for a business purpose only and was not HMDA reportable, is this new loan considered a refinance and HMDA reportable?

All of my research says a refinance of a loan secured by a dwelling is classified as a refinance and HMDA reportable. The original loan's purpose was to purchase equipment. My purpose for the new loan is just to refinance is the existing loan. Based on the original commercial purpose, I would think this is NOT HMDA reportable. But we cannot find this statement within the regulation or HMDA getting it right. Does anyone have documentation stating as such?

If your new dwelling secured loan satisfies and replaces another dwelling secured loan to the same borrower then it's a refi. The purpose of the loan that is being satisfied and replaced is not relevant.

(10) A closed-end mortgage loan or open-end line of credit that is or will be made primarily for a business or commercial purpose, unless the closed-end mortgage loan or open-end line of credit is a home improvement loan under § 1003.2(i), a home purchase loan under § 1003.2(j), or a refinancing under § 1003.2(p);

Thank you