Skip to content
BOL Conferences
Thread Options
#637685 - 11/13/06 08:55 PM Assumption Loan - Is it Reportable for HMDA?
Skyline Offline
Platinum Poster
Skyline
Joined: Sep 2005
Posts: 590
We recently did a loan assumption. The docs were attorney prepared and she did a Loan Modification Agreement which modified both the loan and the note. There is a separate Assumption Agreement.

Since there was no new note or new deed of trust prepared, I don't see how we can report this as a re-finance and it is certainly not a home purchase.
_________________________
CRCM, CLBB

Return to Top
Lending Compliance
#637686 - 11/13/06 09:13 PM Re: Assumption Loan - Is it Reportable for HMDA?
Cowboys Fan Offline
Power Poster
Joined: Dec 2002
Posts: 4,615
SC
See D-2 of the GIR: There is no requirement to have a new note and/or DOT in order to be reportable - only a written agreeement (which you have). Can I ask what the purpose is since you've already ruled out purchase?
_________________________

Return to Top
#637687 - 11/13/06 09:18 PM Re: Assumption Loan - Is it Reportable for HMDA?
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
Quote:

it is certainly not a home purchase.





If there is no new borrower then what was assumed? If you just modified an existing note for the same borrower then modifications are nor reportable. However, if someone other than the existing borrower assumed the note then more than likely you do have a home purchase. You may want to review the GIR starting on page D-2.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#637688 - 11/13/06 09:53 PM Re: Assumption Loan - Is it Reportable for HMDA?
Skyline Offline
Platinum Poster
Skyline
Joined: Sep 2005
Posts: 590
The purpose of the loan is to purchase for investment property (1-4 family) dwelling. We did report the original loan in 2004. From rereading GIR:D-2, pg 59......it is reportable. Thanks Cowboy and Dan.
_________________________
CRCM, CLBB

Return to Top

Moderator:  Andy_Z