I have confused myself on this issue: if we are adding a new husband on a loan but keeping the original borrower, do we do HMDA on it? We already reported this home purchase and this loan number when the wife got the loan from us two years ago.

Are you doing a new loan(refi)? Or is the husband being added on title but not on the note and/or mortgage? I'm confused by the 'assumption' part.

No new note- but he will sign an agreement to assume liability on our existing loan with his new wife.

Sounds more like a modification. Modifications are not reportable.

So you're not reunderwriting the loan or pulling a credit bureau on him, etc. Just recording the agreement he signs which amends the original mortgage she signed prior to their marriage. Got it.

IMO, not HMDA reportable. HMDA wants you to report on obligations that replace an existing one. You're not doing that.

We are now working with the same scenario at our bank. (adding the new spouse at renewal with a modification agreement) Does the new debtor need any RESPA disclosures? Just seems odd to have them jump into debt without any disclosures.

Are you renewing or refinancing? Renewals and/or modifications would not require additional disclosures, refinancings would.

They are wanting to handle it just with renewal/modification doc's. I had never added an additional debtor at this point and was unsure how to handle.

The key is are you satisfying and replacing the existing obligation (note) with a new obligation (note)? If so, you have a refinancing.