I have a loan that is a refinance of a 1 family. The purpose is to payoff a private mortgage. My question is being that its a private mortgage will this loan be HMDA reportable?

Was there a lien filed on the property? If so I believe it would count as a refinance since you're paying off a loan secured by the property.

A land contract is usually a mortgage held by a private person and you report those, right?
This is the same type of thing so yes, you report it.

The property has a lien on it but that one is not being paidoff, just the private one.

The private mortgage being paid off is to an individual and its not on their credit report. It basically shows as if there is no lien on it and just a refi-cashout debt consolidation.

You are refinancing an unsecured private loan that was used to originally purchase the house and you are going to be in second position on the house with the new loan???

I really don't understand this transaction as it is described.

We are refinancing an unsecured private loan that was used to originally purchase the house and we are going to be in first position on the house with the new loan.

Then it is not reportable as no loan is being refinance that was secured by a lien on a dwelling.

If the property has a lien on it how will you be in first position?

thank you, I figured that just wanted an opinion.

there is no lien on it. Its a unsecured private mortgage.

This might help:

A loan to pay off a contract for deed should generally be reported as a home purchase loan for HMDA reporting purposes if a dwelling secures the loan. [HMDA FAQ – Philadelphia FRB Outlook 2nd Quarter 2011]

Well, you need to be consistent in your statements as this is hard enough

If the customer has told you that it's a private mortgage I would report this as a refi even if the mortgage has not been recorded. If it's truly an unsecured loan, then it's not reportable.