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#73584 - 04/14/03 08:41 PM Lending Criterial Pamphlet
Anonymous
Unregistered

This pamphlet describes the institution's lending criteria for mortgage and/or home improvement loans available to the public. And has to be available to the public without the aid of an employee.
I'm confused and am not familiar with this pamphlet. Can somebody enlighten me? Our state banking examiners are coming soon!

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#73585 - 04/14/03 08:58 PM Re: Lending Criterial Pamphlet
Bartman Offline
Diamond Poster
Bartman
Joined: Oct 2000
Posts: 1,191
Springfield
This is in PA 135 of 1977. As far as I know, it's still in effect - the only thing that changed from PA 135 of '77 was the revocation of the need for HMDA banks to file an affidavit of compliance with HMDA with the state commissioner.

Here is the specific citation you're looking for. Yes, you need a pamphlet or other document. No, I don't see where it has to be available without our help. And, the current version needs to be filed with the commissioner.
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Opinions are Bartman's, not those of my employer. "A noble spirit embiggens the smallest man."

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#73586 - 04/15/03 01:03 PM Re: Lending Criterial Pamphlet
Howard Lax Offline
Gold Star
Howard Lax
Joined: Jan 2002
Posts: 478
Bloomfield Hills, Michigan
The provision requiring that the pamphlet be available without asking for it is in the administrative rules under PA 135. The pamphlet should be a "take one" in your lobby. If you do not have a Michigan office, then look at the OFIS letter stating that PA 135 does not apply to out of state lenders with no office or controlled broker in Michigan.
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Howard A. Lax Lipson, Neilson, et. al. Bloomfield Hills, MI hlax@lipsonneilson.com

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#73587 - 04/18/03 06:07 PM Re: Lending Criterial Pamphlet
Anonymous
Unregistered

I just read the question again, in detail. The question asks about the pamphlet or DOCUMENT! I believe the document would be the sign on the wall titled Notice to Inquirers and Loan Applicants. The Notice to Inquirers and Loan Applicants contains the required language. Am I correct in thinking the sign on the wall is enough as long as I have one posted in each office that accepts loan inquiries or applications?

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#73588 - 04/18/03 06:54 PM Re: Lending Criterial Pamphlet
Bartman Offline
Diamond Poster
Bartman
Joined: Oct 2000
Posts: 1,191
Springfield
I don't think so - I look at these as two separate rules under the same law. 445.1605 has the requirement to post the notice, as well as the specific language you need to use. They specifically refer to it as a "notice" (not defined); and in 445.1602 from my prior post they discuss "pamphlet" or "document" (also not defined).

It's a matter of interpretation, but I'm fairly certain they're talking about two separate disclosures - one that goes on the wall (445.1605) and one that's a handout (445.1602) in the form of either a trifold pamphlet or a simple piece of paper.

Howard - thanks for the tip on the administrative rule. We've been keeping our criteria document in our CRA public file, which requires staff assistance to obtain.

Here is a link to the administrative rule Howard referred to. Check rules 445.1004 & 445.1005, which pertain to this discussion.
Last edited by Bartman; 04/18/03 07:04 PM.
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Opinions are Bartman's, not those of my employer. "A noble spirit embiggens the smallest man."

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