What are the requirements if a written adverse action notice of denial is provided to the applicant with a counteroffer and then the counteroffer is denied later on during the process of the application? Is the creditor required to send another adverse action notice denying the counteroffer?
I have an incomplete application (no property) that is expressly withdrawn by the applicant 3 days after submission because they now want a 30 year fixed rate loan where we only have balloon loans with an amortization up to 30 years. The lender had "approved" them to go forward, prior to verifying their credit with paystubs, tax returns, etc. I know you cannot have a "withdrawn" application unless it is prior to credit approval. Please define "credit approved" when it comes to HMDA. Would this be
underwritten and verified credit? Or would I submit this as "approved but not accepted"?
I just want to confirm that the “we intend to apply for joint credit" verbiage must be on the applications to comply with Reg B?
Our applications state "What type of credit are you requesting?" then the applicant(s) initial if they check the joint credit box. The information I have read on Reg B says a person's intent to be a joint applicant must be evidenced at the time of application. Signatures on a promissory note may not be used to show intent to apply for joint credit. On the other hand, signatures or initials on a credit application affirming applicants' intent to apply for joint credit may be used to establish intent to apply for joint credit. The method used to establish intent must be distinct from the means used by individuals to affirm the accuracy of information. For example, signatures on a joint financial statement affirming the veracity of information are not sufficient to establish intent to apply for joint credit.
Adverse Action Webinar - June 21, 2017 - David Dickinson
I wanted to confirm. David Dickinson said in a recent webinar that if a consumer comes into the bank to inquire about a loan and we know from the initial conversation they will not qualify and after explaining our basic underwriting guidelines we can provide them with an adverse action notice on the spot. We would no have pulled credit. We would not have discouraged them from applying.
Would we use form C-1 to provide the notice?
We would of course keep any documentation with the notice for retention and Fair Lending audits and risk assessments. We would also provide training to our LO's and provide them basic scripts.
Am I on the right track?
Pre-qualification application received Refer/Eligible Findings from GUS - Rural Development for a purchase of a primary residence loan. The loan could potentially be manually underwritten for approval if the borrower were to provide the documentation. Borrower chooses to not go manual underwrite and says cancel my file. Is the loan Denied based on the GUS refer findings or is it approved/not accepted on the hypothetical possibility that it may have been able to be manually underwritten?
In 1026.37(f)(5) we know that creditors are required to use terminology that is reasonably understood by consumers. We lend in Indiana in which the Title Company will charge a $5 TIEFF fee. This is an acronym for Title Insurance Enforcement Fund Fee, but it is recognized as TIEFF in the industry and is searchable on the web as TIEFF.
We have an investor who is requiring the full name be placed on the CD for all IN loans versus the TIEFF acronym. We feel that the acronym is reasonably understood. The problem with using the full fee name is that it would always require an addendum due to the character limitations on the CD.
Has anyone else run up against this scenario and have overcome the investors' concerns?
Our bank has several home improvement applications that have been approved prior to 10-3-16 but they have not funded yet because we do not disburse the funds until all the improvements are completed. In cases like these, must we run an "MLA check" against the DOD database?
My bank is currently looking into accepting application online. One of the requirements is that the application would need to be e signed so we have a completed application and a signature to pull credit. I am not sure where to start on if we need a new policy for this or what disclosure we would need to provide to our customers.
When 1026.2 defines the six pieces of information that makes a complete application (and therefore starts the clock on the 30 day loan decision time frame), specifically the applicants income - are they referring to the income notated on the application only? Lenders are wanting to know if substantiating documentation of income is considered part of the application. I can't find anything concrete in the Regs saying that "income" is defined by what is on the application only.
At what point does an oral inquiry for a loan become an application, thereby
requiring an adverse action letter if denied? For example:
1. Bob asks about the bank’s car rates and terms for a 5 year old
automobile. When he is answered he decides not to proceed. Was this an
application that requires an Adverse Action Notice?
2. Sue calls and says she wants to talk about a Home Equity LOC. But the
banker explains that it does not offer that loan product. Has Sue applied
for a HELOC and required to get an Adverse Action Notice, or was it simply an
inquiry that requires no further action by the bank?
3. John says he wants a loan to start up his own business, but mentions he
does not have a job currently and filed bankruptcy last year. The loan
officer tells John that he won’t be able to help him out. Has John applied
for a loan and an Adverse Action notice is required, or did John simply
inquire about a loan and no further action is necessary by the bank?
4. Peggy asks for the rate and terms of an automobile loan. The loan officer
provides her with the information, then asks how her credit looks. If she
tells him it’s not good, and the officer says he wouldn’t be able to make
the loan, has Peggy applied and is she due an Adverse Action notice?