Have examiners here scrubbing HMDA, and they are asking about a couple of personal installment loans. The loans list mortgages that we have had in place for years as collateral on the loan. The purpose of the loans was personal expenses. However, they each were a renewal/refi of a previous personal loan with the same mortgage listed as collateral.

Looking like this meets the definition of a 'refinance' according to HMDA. Wanted to get opinions on that. Is there any way that it would NOT be considered a 'refinance'?

Nope. If a dwelling secured obligation satisfies and replaces an existing dwelling secured obligation to the same borrower it meets the definition of a refinancing.

The obligation is the note, not the mortgage. The mortgage is the security agreement that secures the obligation.

Thanks for the response, Dan. We have 2 of these that were not reported on the LAR. Examiners said they don't often see this at bank's, so they were confused as well. Not sure what they don't often see...but perhaps we should try to refrain from listing the mortgage as collateral on a personal expense loan, in a refinancing situation if we don't want to have to record these on the LAR.