11/24/2019
For HMDA reporting purposes: An applicant's demographic information is obtained at time of application via an online application process and the data collected is the information input onto the HMDA LAR. But if the applicant changes the demographic info at consummation (at the title company) do we change the data on the LAR from the data collected at application to the data collected at consummation?
11/10/2019
When advertising a CD special on a rate sheet that will be provided to customers, and the ad only indicates the CD special product name with a statement that says, "ask us how to open your CD special," and nothing else, but the CD special has conditions and limitations that the regular CD accounts do not, should a bank disclose on the rate sheet what those conditions and limits are that differ from the regular CD products that are also listed on the rate sheet? There is a fully disclosed addendum for the special that covers the Reg DD disclosure requirements. However, this will only be provided if the special is opened by the customer. My concern is that if the customer only requests the rate sheet and doesn't open the account the customer will not receive the addendum or the full scope of the special on the rate sheet and this may be a little misleading if the customer comes back at a later date to open the special and they find out there are conditions to be met on the product.
11/03/2019
Our commercial applicant submitted an application and we issued a (expression of interest) EOI / Term sheet. The loan officer is in communication with them and is asking for items we require to underwrite the loan. It is taking more than 60 days to receive all the items. They are coming in piece by piece. When are we required to send a notice of incompleteness? I was understanding that an NOIA would not be required since the application is still not complete and we are working with the applicant, but others are saying it should be sent now.
09/08/2019
For banks that provide combined ECOA-FCRA disclosures, is it standard practice to “Check the 1st Box” and provide FCRA credit score information if the decline reason is not based on the consumer report, but some other factor? (i.e. insufficient collateral, product not offered, out of lending area) Do other banks do this? We understand that we do NOT have to “Check the 1st box” and provide credit score information if it was NOT used in making the adverse decision, but what would be the risk to provide this information in the above cases?
08/25/2019
I have a client (a lender) who orders their credit reports from "XYZ Data" and when a loan is declined, they list Equifax on their Adverse Action Notice (with appropriate address and phone number) and they have now been told that because "XYZ Data" is considered a reseller of credit under the FCRA 603(u) that they should also list XYZ Data (along with its name and telephone number) on the Adverse Action Notice. Is this true?
08/11/2019
When collecting HMDA information on declined consumer loans, what is the source document for verifying the number of units? Are we OK to use the application where the client indicates the number of units since we do not have an appraisal or do we need to verify using a tax card? Since it's a decline I wasn't sure what the source document would be.
07/28/2019
Our main bank location had a separate building that served as the drive-thru for the branch. This drive-thru was viewed as a "limited service branch" by regulators. We recently installed two Interactive Teller Machines (ITMs) in the drive-thru lanes and closed the building. Does this constitute closing a branch, or, does it remain as a "limited service branch" since the ITMs perform all of the same functions that the building previously provided?
07/28/2019
Does a flood notice have to be signed?
06/23/2019
The bank provided a construction loan to a borrower to build a dwelling. Along with the temporary financing the bank also provided a loan estimate for a permanent loan. This was done to make sure the borrower had all the pertinent information to make a decision about the new construction as well as due diligence by the bank to be certain the borrower will qualify for the end mortgage. Is it considered a HMDA reportable transaction as a withdrawn application if the bank provided the loan estimate for permanent financing? The construction loan was taken out by a permanent mortgage in the secondary market loan and not the in-house mortgage that the loan estimate referred to.
06/09/2019
For Reg C, which date do you use as the beginning date to calculate the intro rate period, the origination date of the loan or the first payment date?