A GUIDE TO HMDA Reporting

1 EDITION EFFECTIVE JANUARY 1, 2013 (For HMDA Submissions due March 1, 2014) A GUIDE TO HMDA Reporting Getting It Right! Federal Financial Institutions Examination Council 5 6 7 8 9 0 4 3 2 1 1 2 3 4 0 9 8 7 6 5 Name of Reporting Institution City, State, ZIP Date Application Received (mm/dd/ccyy) Application or Loan Number Example of Loan Originated Following Preapproval Example of Preapproval Request Denied 5 6 7 8 9 0 4 3 2 1 1 2 3 4 0 9 8 7 6 5 06/01/2012 01/15/2012 LOAN/APPLICATION REGISTER Page of L B - 6 8 7 4 3 9 Application or Loan Information All columns (except Reasons for Denial) must be completed for each entry. See the instru Example of Application Denied 03/20/2012 A GUIDE TO HMDA Reporting Getting It Right!

2 Edition effective January 1, 2013 (for HMDA submissions due March 1, 2014 or later) This edition of the GUIDE is the comprehensive edition for use with 2013 calendar year data (due March 1, 2014). Appendices include the Consumer Financial Protection Bureau s Regulation C (Home Mortgage Disclosure); the Instructions for Completion of the HMDA Loan/Application Register (LAR); the commentary to Regulation C; the Home Mortgage Disclosure Act; state and county codes, together with metropolitan statistical area (MSA) and metropolitan division (MD) numbers; contact information for the federal supervisory agencies; and the HMDA poster. April 2013 Contents Foreword iv Introduction Purposes of HMDA 1 Data Collection, Reporting , and Disclosure in a Nutshell 1 Management's Responsibilities 2 Who Must Report Coverage Criteria 3 Definition of a Branch Office 5 Mergers and Acquisitions 5 Exemptions Based on State Law 6 Brokered or Correspondent Loans: Who Reports?

3 6 Data Reporting in General The Loan/Application Register (LAR) 7 Transactions to be Reported 8 Information to be Reported about Each Transaction 8 Transactions Not to be Reported 9 Completing the LAR Step by Step Caveat 10 Application or Loan Information 10 Action Taken 12 Property Location 13 Applicant Information 15 Sale of the Loan 16 Reasons for Denial 16 Loan Price and Lien Status 16 Sources of Geographic Information (Geocoding Tools) 18 Census Tract Street Address Lookup Resources 18 Census Tract Map Resources 18 ii Submitting the LAR Review and Contact Information 21 Checklist for Person Completing the LAR 22 Checklist for the Reviewing Officer 23 Editing the Data 24 Transmitting the Data 24 Resubmitting the Data 24 Disclosing the Data Disclosure of a Modified LAR 26 Disclosure Statements Prepared by the FFIEC 26 Aggregate Tables Prepared by the FFIEC 26 Glossary 27 Appendices A Form and Instructions for Completion of HMDA Loan/Application Register A-1 B Form and Instructions for Data Collection on Ethnicity, Race.

4 And Sex B-1 C Regulation C C-1 D Commentary to Regulation C D-1 E The Home Mortgage Disclosure Act E-1 F State and County Codes and MSA/MD Numbers F-1 G Federal HMDA Reporting Agencies G-1 H HMDA Poster H-1 iii A GUIDE to HMDA Reporting : GettingForeword It Right! will assist you in complying with the Home Mortgage Disclosure Act as implemented by The Consumer Finan cial Protection Bureau s Regulation C, 12 part 1003 (Regulation C). The GUIDE was written to address the needs of finan cial institution managers and employees responsible for HMDA compliance. The GUIDE was developed by the member agencies of the Federal Financial Institu tions Examination Council (FFIEC) the Consumer Financial Protection Bureau (CFPB), the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve Sys tem (Board), and the National Credit Union Administration (NCUA) and the Depart ment of Housing and Urban Development (HUD).

5 This edition of the GUIDE reflects several changes resulting from the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act). The Dodd-Frank Act transferred rulemaking authority under HMDA from the Board to the CFPB. In addition, the Dodd-Frank Act granted the CFPB supervisory and enforcement authority for entities under its jurisdiction. The Act also abolished the Office of Thrift Supervision. In December 2011, the CFPB restated the Board s implementing regulation, Regulation C, to 12 1003 (76 Fed. Reg. 78465 (December 19, 2011)). The GUIDE has been updated to reflect these changes. The Introduction reviews HMDA s pur poses and data collection, Reporting , and disclosure requirements. It also summa rizes management s responsibilities.

6 The remaining parts of the GUIDE describe in more detail: what information a covered institution must collect, how the information should be reported on the HMDA loan/application register, and how the data will be disclosed to the public by the institution and the FFIEC. The FFIEC produces a public disclosure statement for every covered institution and for every metropolitan statistical area (MSA) and metropolitan division (MD). The disclosures and other HMDA data are available from the FFIEC, by accessing the FFIEC Internet site, hmda, or by sending an e-mail to This GUIDE is a general statement of the requirements of HMDA and Regulation C, not a verbatim restatement of the law. To comply fully with HMDA, you must be familiar with Regulation C (reproduced in Appendix C to this GUIDE ), including its Appendices A and B (reproduced in Appendices A and B to this GUIDE ), the Commentary to Regulation C (reproduced in Appendix D to this GUIDE ), and informal guidance the CFPB may issue from time to time on the web site of the FFIEC.

7 The GUIDE merely supplements, and does not substitute for, those sources. For fur ther information about compliance, con tact your federal HMDA Reporting agency (see Appendix G to this GUIDE ). The FFIEC welcomes suggestions for changes or additions that might make this GUIDE more helpful. Write to FFIEC, 3501 Fairfax Drive, Room B-7081a, Arlington, VA 22226. Or send e-mail to iv Introduction Purposes of HMDA The Home Mortgage Disclosure Act of 1975, as amended, requires many depository and nondepository lenders to collect and publicly disclose information about housing-related loans and applications for such loans, including several applicant/borrower characteristics. HMDA is implemented by the Consumer Financial Protection Bureau s Regulation C (12 Part 1003), which includes commentary (12 Part 1003 Supp.)

8 I). The housing-loan data that lenders must disclose under HMDA: show whether financial institutions are serving the housing needs of their communities; assist public officials in distributing public-sector investment so as to attract private investment to areas where it is needed; and assist in identifying possible discrimina tory leanding patterns and enforcing antidiscrimination statutes. HMDA does not prohibit any lending activity, nor is it intended to encourage unsound lending practices or the alloca tion of credit. Data Collection, Reporting , and Disclosure in a Nutshell As implemented by the Bureau's Regula tion C, HMDA requires covered depository and non depos itory institutions to collect and publicly disclose information about applications for, originations of, and pur chases of home purchase loans, home improvement loans, and refinan cings.

9 Whether an institution is covered depends generally on its asset size, its location, and whether it is in the business of residential mortgage lending. The regulation s cover age criteria are illustrated in diagrams in the next chapter. Who Must Report. There are three categories of loans that must be reported: home purchase, home improvement, and refinancing. Each has a specific definition, which may vary from your institution s use of the term. You will find the definitions in the chapter Data Reporting in General. There you will also find a list of types of trans actions that are not reportable under HMDA. Every loan application, origination, and purchase that falls into one or more of the three categories must be reported.

10 With some exceptions, for each transaction the lender reports data about: the loan, such as its type and amount; the property, such as its location and type; the disposition of the application, such as whether it was denied or resulted in an origination; and the applicant (namely, ethnicity, race, sex, and income). That information must be recorded on a form known as the HMDA loan/appli cation register (variously known as the HMDA-LAR, the LAR, or the register). A summary of the instructions for com pleting the LAR appears in the chapter Completing the LAR Step by Step. Additional information essential to Reporting property location appears in the chapter Sources of Geographic Information (Geocoding Tools). 1 Introduction An institution must transmit its LAR to the data processor (FFIEC), ordinarily in electronic form, and preferably by using the Submission via Web option or Inter net e-mail with an encrypted file (HRID_ ) attachment.