dwelling secured demand loan - HMDA reportable

Posted By: Sheba

dwelling secured demand loan - HMDA reportable - 11/08/12 07:34 PM

I have a dwelling secured interest only demand loan that has been converted to a amortizing 25 year ARM loan As the change was done using a modification agreement rather than a new note--I am assuming this will not be HMDA reportable. Just a little confused by the circumstances, but hoping someone can let me know if I am looking at this correctly.

Thanks to all.
Posted By: Dan Persfull

Re: dwelling secured demand loan - HMDA reportable - 11/09/12 01:46 PM

Modifications are not reportable.
Posted By: Sheba

Re: dwelling secured demand loan - HMDA reportable - 11/09/12 02:45 PM

Thanks Dan. Appreciate the confirmation.
Posted By: JSD

Re: dwelling secured demand loan - HMDA reportable - 11/09/12 04:36 PM

Dan is right in that mods aren't reportable except for one situation that would be:

The Second Quarter 2011 issue of Consumer Compliance Outlook is now available on the Outlook website:

http://www.philadelphiafed.org/bank-reso...a-reporting.cfm

If the bank modifies, but does not refinance, a temporary construction loan into permanent financing, does this loan become a HMDA-reportable loan?
Yes. Comment 203.2(h)-5 explains that when permanent financing replaces a construction-only loan, the loan should be reported for HMDA. In addition, construction-permanent loans must also be reported for HMDA. In essence, the bank has replaced its temporary construction loan with permanent financing through this loan modification. Because it is no longer a temporary loan and has not been previously reported, it should be reported as a home purchase loan if it meets Regulation C's definition of home purchase.