Originally a loan was granted to individuals to purchase multifamily dwellings.

Now we are refinancing the debt, but we are changing the name to a LLC. (Same individuals)

Does the qualify as a HMDA refi?

The definition of "refinancing" requires it to be the same borrower [refer to §203.2(k)]. An LLC is an entity. Even if it is the same people that formed the LLC, it's a new borrower.

HMDA SPECIFICALLY STATES, IF YOU ARE PAYING OFF AN EXISTING DWELLING SECURED LOAN (THE NOTE WILL BE SATISFIED AND REPLACED) AND REPLACING IT WITH A NEW DWELLING SECURED LOAN...IT IS HMDA, NO MATTER IF THE NAMES CHANGE, AND NO MATTER IF IT IS TWO DIFFERENT DWELLINGS..ETC

Sorry kh, but that's not true. I provided the regulatory reference in my first post. It states:

[i](k) Refinancing means a new obligation that satisfies and replaces an existing obligation by the same borrower, in which:
(2) For reporting purposes, both the existing obligation and the new obligation are secured by liens on dwellings.

P.S. Please turn your CAP LOCK off. Your last two posts were in all caps. It makes it hard to read and is equivalent to shouting in written text.

FWIW I totally agree with David.

In this scenario the original loan was to the individuals whereas the new loan is to the LLC. Therefore not to the same borrower(s).

While not a refinance, this might still be reportable. If a deed to change ownership of the property is filed at the time of the new loan, I would report as a purchase.

That's a good point but the original post made no mention in a change of ownership, only a change in the borrowers.

I know this was an old post, but what if one of the borrwers died and the loan is being refinanced in the other borrower's name only, would this be reportable? Thanks.

Yes.

I agree.