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See 203.2(k)(2) Return to subject Return to top Refinancing --- cash out for home improvement. The applicable comment was inadvertently omitted when the Commentary was revised in 2002; the comment will be restored when the Commentary is next revised.

How should a lender code a dwelling-secured loan when the borrower uses the funds both to pay off an existing dwelling-secured loan and to make improvements to a dwelling? Return to subject Return to top Temporary Financing.

Failure to establish and consistently follow uniform procedures, however, may raise fair-lending and safety-and-soundness issues.

Return to subject Return to top Program---Commitment letter issued on request.

Answer: A lender uses the reporting definition, 203.2(k)(2), to determine whether to report a particular application, origination, or purchase as a "refinancing" in the loan purpose field; a lender uses the coverage definition, 203.2(k)(1), to determine whether the institution has sufficient home purchase loan activity, including refinancings of home purchase loans, for the institution to be covered by HMDA.. The coverage definition is not relevant to determining whether to report a particular transaction as a refinancing.

Return to subject Return to top Refinancing --- loan purpose.

How should a lender code "action taken" where the borrower does not satisfy conditions concerning creditworthiness? If the condition involves submitting additional information about creditworthiness the lender needs to make a credit decision and the applicant has not responded to a request for the additional information in the time allowed, use the code for "file closed for incompleteness." See Appendix A, I. If the borrower has supplied the information the lender requires for a credit decision and the lender denies the application or extends a counter-offer that the borrower does not accept, use the code for "application denied." If the borrower has satisfied the underwriting conditions of the lender and the lender agrees to extend credit but the loan is not consummated, then use the code for "application approved but not accepted." For example, if approval is conditioned on a satisfactory appraisal and, despite notice of the need for an appraisal, the applicant declines to obtain an appraisal or does not respond to the lender's notice, then the application should be coded "file closed for incompleteness." If, on the other hand, the applicant obtains an appraisal but the appraisal does not support the assumed loan-to-value ratio and the lender is therefore not willing to extend the loan amount sought, then the lender must use the code for "application denied." Return to subject Return to top Loan Purpose Refinancing --- coverage vs.

If a lender has not established procedures like those specified in the regulation, but considers requests for preapproval on an basis, those requests need not be treated as requests for preapproval under HMDA.

An element of the definition of "preapproval request" is the existence of a "program." How is it determined whether a program exists?

Answer: A preapproval program exists when the procedures established and used by the lender match those specified in 203.2(b)(2).

Does a lender have to report information on applications and loans involving reverse mortgages?

Answer: Reverse mortgages are subject to the general rule that lenders must report applications or loans that meet the definition of a home purchase loan, home improvement loan, or refinancing (.




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