CA 20-1: Revised A Guide to HMDA Reporting Getting It Right

EDITION EFFECTIVE JANUARY 1, 2020
(For HMDA Submissions due March 1, 2021)
A GUIDE TO

HMDA
Reporting
Getting It Right!
Federal Financial Institutions
Examination Council
2020
Edition
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A GUIDE TO 2020 HMDA Reporting: Getting It Right! Edition

Edition effective January 1, 2020 (for HMDA submissions due March 1, 2021) This edition of the Guide is the comprehensive edition for the 2020 calendar

year data (due March 1, 2021). Appendices include:

 Overview of Data Requirements Chart;

 HMDA Small Entity Compliance Guide;

 Instructions on Collection of Data on Ethnicity, Race, and Sex;

 Step-by-Step Charts Summarizing Transactional and Institutional Coverage;

 Partial Exemptions Charts;

 Data Fields and Data Points Chart;

 Regulation C, 12 CFR Part 1003;

 Official Interpretations to Regulation C, 12 CFR Part 1003;

 Federal HMDA Reporting Agencies; and

 HMDA Poster.

Last Edited:
January 9, 2020

.........................................................................................

Contents Foreword I
Summary of Requirements.......................................................... 1

Institutional Coverage: Who Must Report? ............................................................. 1

Transactional Coverage: What Is Reported?.......................................................... 10

Compilation of Reportable Data: What Is Reported?............................................. 32

Recording, Reporting, and Disclosure: When is it Reported?.............................. 34

Appendices..................................................................................42

Overview of Data Requirements Chart .................................................................. A-1

HMDA Small Entity Compliance Guide ................................................................. B-1

Instructions on Collection of Data on Ethnicity, Race, and Sex ....................... C-1

Institutional Coverage Chart ................................................................................. D-1

Transactional Coverage Chart .............................................................................. E-1

Partial Exemptions Charts .....................................................................................F-1 Data Fields and Data Points Chart ....................................................................... G-1 Regulation C ........................................................................................................... H-1

Official Interpretations to Regulation C ................................................................. I-1

Federal HMDA Reporting Agencies ...................................................................... J-1

HMDA Poster .......................................................................................................... K-1

A Guide to HMDA Reporting: Getting It Right! will assist you in complying with the Home Mortgage Disclosure Act (HMDA) as implemented by the Consumer Financial Protection Bureau’s Regulation C, 12 CFR Part 1003 (Regulation C). The purpose of this Guide is to provide an easy-to-use summary of certain key requirements. This Guide does not provide detailed information about the HMDA submission process, or file, data, and edit specifications. Information about those topics may be found on the FFIEC’s Resources for HMDA Filers website, available at Foreword ffiec.cfpb.gov and www.ffiec.gov/hmda/. The Foreword and Summary of Requirements sections of the Guide were developed by the Federal Financial Institutions Examination Council (FFIEC) — the Board of Governors of the Federal Reserve System (Board), the Consumer Financial Protection Bureau (CFPB), the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), the Office of the Comptroller of the Currency (OCC), and the State Liaison Committee (SLC) — and the U.S. Department of Housing and Urban Development (HUD). The appendices include, in addition to Regulation C and its Official Interpretations, certain HMDA compliance materials developed and issued exclusively by the CFPB and not by the FFIEC or its other member agencies. Financial institutions may wish to consult and rely upon additional compliance resources that their Federal supervisory agencies may offer. Contact information for each agency is available in Appendix J. This edition of the Guide incorporates the amendments made to HMDA by the DoddFrank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act)1 and the 1 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law No. 111-203, 124 Stat. 1376, 2097-2101 (2010). I | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Economic Growth, Regulatory Relief, and Consumer Protection Act (The 2018 Act).2 The Dodd-Frank Act amended HMDA, transferred rulewriting authority to the CFPB and expanded the scope of information that must be collected, reported, and disclosed under HMDA, among other changes. In October 2015, the CFPB issued the 2015 HMDA Rule implementing the Dodd-Frank Act amendments to Regulation C.3 The 2015 HMDA Rule modified the types of institutions and transactions subject to Regulation C, the types of data that institutions are required to collect, and the processes for reporting and disclosing the required data.4 On August 24, 2017, the CFPB issued a 2017 HMDA Rule to further amend Regulation C to make technical corrections and clarify and amend certain requirements adopted by the 2015 HMDA Rule.5 The 2018 Act amended HMDA by adding partial exemptions from HMDA’s requirements for certain transactions made by certain insured depository institutions 2 Public Law No. 115-174, 132 Stat. 1296 (2018). The President signed the Economic Growth, Regulatory Relief, and Consumer Protection Act into law on May 24, 2018. 3 Home Mortgage Disclosure (Regulation C), 80 FR 66128 (Oct. 28, 2015) (2015 HMDA Rule). 4 2015 HMDA Rule, 80 FR 66128-29. For more information on the specific changes made by the 2015 amendments to Regulation C, review the Executive Summary for the 2015 HMDA Rule, available at www.consumerfinance.gov/documents/5218/201510_cfpb_hmdaexecutive-summary.pdf. Further, Section 2 of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide, also provides an overview of these changes. 5 Home Mortgage Disclosure (Regulation C), 82 FR 43088 (Sept. 13, 2017) (2017 HMDA

Rule). For more information on the specific changes made by the 2017 technical corrections and clarifications to Regulation C, review the Executive Summary, available at www.consumerfinance.gov/documents/5206/201707_cfpb_hmda-executivesummary.pdf.

2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | II

and insured credit unions. On August 31, 2018, the CFPB issued a 2018 HMDA Rule to implement and clarify changes made by the 2018 Act.6 On October 10, 2019, the Bureau issued the 2019 HMDA Rule to extend the temporary threshold for reporting data about open end lines of credit and implement and further clarify the partial exemptions created by the 2018 Act.7 6 83 FR 45325 (Sept. 7, 2018).

7 84 FR 57946 (Oct. 29, 2019).

III | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

The Summary of Requirements reviews HMDA’s purposes and data collection, reporting, and disclosure requirements. It provides a high level summary of:
 The institutions covered by Regulation C.

 The transactions covered by Regulation C.

 The information that covered institutions are required to collect, record, and

report.

 The requirements for reporting and disclosing data.

This Guide is not a substitute for HMDA or Regulation C. Regulation C and its official interpretations (also known as the commentary) are the definitive sources of information regarding their requirements. Regulation C and its commentary are available in Appendix H and I of this Guide and at www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1003/. Additionally, this Guide is not a substitute for the requirements for filing the reportable data. The Filing Instructions Guide (FIG) is the definitive source for information regarding the filing requirements and is available at ffiec.cfpb.gov. 8 8 The Federal HMDA reporting agencies (the Board, CFPB, HUD, FDIC, NCUA, and OCC), referred to as the “appropriate Federal agency” in Regulation C, agreed that, beginning on January 1, 2018, all HMDA filers will file their HMDA data with the CFPB. The CFPB will process the HMDA data for the Federal HMDA reporting agencies and the FFIEC, and prepare and make available data products to the general public on behalf of the Federal HMDA reporting agencies and the FFIEC. For HMDA data reporting beginning in 2018, a web-based data submission and edit-check system (the HMDA Platform) is available to process HMDA data. For a financial institution to submit its file, it must be in pipe delimited format. For more information on the format and how to submit the file, review the Filing Instructions Guide. 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | IV

Feedback
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
Send an e-mail to: GettingItRightGuide@cfpb.gov Questions If, after reviewing the resources in this Guide, you have a question regarding a specific provision of the regulation, or have questions about how to file HMDA data, please email HMDAHELP@cfpb.gov with your specific question, identifying the filing year you are referencing, and, when applicable, the section(s) of the regulation related to your question. You can also submit the inquiry online using the form available at hmdahelp.consumerfinance.gov. The information you provide will permit the CFPB to process your request or inquiry. You may also contact your appropriate Federal HMDA reporting agency (see Appendix J to this Guide). V | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Transactional

Coverage
Compilation of
Reportable Data

Recording, Reporting, and Disclosure
Summary of
Requirements
Generally, this Guide will point you to the relevant resources that discuss:
Institutional

Coverage
 Coverage Generally
 Coverage Tests
 Exemptions Based on
State Law
 Mergers and
Acquisitions
 The institutions covered by Regulation C.

 The transactions covered by Regulation C.

 The information that covered institutions are required to collect, record, and

report.

 The requirements for reporting and disclosing data.

The material can be found after the introduction in the referenced appendix section. Institutional Coverage: Who Must Report? INSTITUTIONAL COVERAGE GENERALLY An institution is required to comply with Regulation C only if it is a “financial institution” as that term is defined in Regulation C. The definition of financial institution includes both depository financial institutions and nondepository financial institutions, as those terms are separately defined in Regulation C. 12 CFR 1003.2(g). An institution uses these two definitions, which are outlined below, as coverage tests to determine whether it is a financial institution that is required to comply with Regulation
C. For the purposes of this Guide, the term “financial institution” refers to an institution
that is either a depository financial institution or a nondepository financial institution that is subject to Regulation C. Where to Look: Regulation C’s institutional coverage criteria are found within the definition of “financial institution,” located at 12 CFR 1003.2(g) and the associated commentary, available in Appendix H and I of this Guide. You may also want to review section 3 of the HMDA Small Entity Compliance Guide in Appendix B and the Institutional Coverage Chart in
Appendix D of this Guide.
1 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
 Coverage Generally

 Coverage Tests

 Exemptions Based on

State Law

 Mergers and

Acquisitions

Transactional
Coverage
Compilation of
Reportable Data
Recording, Reporting, and Disclosure
I

NSTITUTIONAL COVERAGE TESTS
DEPOSITORY FINANCIAL INSTITUTIONS
A bank, savings association, or credit union is a depository financial institution and subject to Regulation C if it meets ALL of the following:

Asset-Size Threshold. On the preceding December 31, the bank, savings
association, or credit union had assets in excess of the asset-size threshold published annually in the Federal Register, included in the official interpretations, 12 CFR Part 1003, Comment 2(g)-2, and posted on the CFPB’s website. 12 CFR 1003.2(g)(1)(i). The phrase “preceding December 31” refers to the December 31 immediately preceding the current calendar year. For example, in 2020, the preceding December 31 is December 31, 2019. Comment 2(g)-1.
Location Test. On the preceding December 31, the bank, savings association, or
credit union had a home or branch office located in a metropolitan statistical area (MSA). 12 CFR 1003.2(g)(1)(ii). For purposes of this location test, a branch office for a bank, savings association, or credit union is an office: (a) of the bank, savings association, or credit union (b) that is considered a branch by the institution’s Federal or State supervisory agency. For purposes of Regulation C, an automated teller machine or other free-standing electronic terminal is not a branch office regardless of whether the supervisory agency would consider it a branch. 12 CFR 1003.2(c)(1). A branch office of a credit union is any office where member accounts are established or loans are made, whether or not an agency has approved the office as a branch. Comment 2(c)(1)-1.
Loan Activity Test. During the preceding calendar year, the bank, savings
association, or credit union originated at least one home purchase loan or refinancing of a home purchase loan secured by a first lien on a one-to four-unit dwelling. 12 CFR 1003.2(g)(1)(iii). For more information on whether a loan is secured by a dwelling, is a home purchase loan, or is a refinancing, see 12 CFR 1003.2(f), (j), and (p) and 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 2

Summary of
Requirements
Institutional
Coverage
 Coverage Generally

 Coverage Tests

 Exemptions Based on

State Law

 Mergers and

Acquisitions

Transactional
Coverage
Compilation of
Reportable Data
Recording, Reporting, and Disclosure

associated commentary; and Sections 4.1.1.2 and 5.7 of the HMDA Small Entity Compliance Guide available in Appendix B of this Guide.
4. Federally Related Test. The bank, savings association, or credit union:
a. Is federally insured; or b. Is federally regulated; or
c. Originated at least one home purchase loan or refinancing of a home purchase
loan that was secured by a first lien on a one- to-four-unit dwelling and also (i) was insured, guaranteed or supplemented by a Federal agency or (ii) was intended for sale to the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac). 12 CFR 1003.2(g)(1)(iv).
5. Loan-Volume Threshold. The bank, savings association, or credit union meets or
exceeds either the closed-end mortgage loan or the open-end line of credit loanvolume threshold in each of the two preceding calendar years. Effective January 1, 2018 and through December 31, 2021, a bank, savings association, or credit union that originated at least 25 closed-end mortgage loans in each of the two preceding calendar years, or originated at least 500 open-end lines of credit in each of the two preceding calendar years meets or exceeds the loan-volume threshold. When the bank, savings association, or credit union determines whether it meets these loan-volume thresholds, it does not count transactions excluded by 12 CFR 1003.3(c)(1) through (10) and (13). 12 CFR 1003.2(g)(1)(v). Closed-end mortgage loans, open-end lines of credit, and these excluded transactions are discussed below in TRANSACTIONAL COVERAGE: WHAT IS REPORTED?. 3 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
 Coverage Generally

 Coverage Tests

 Exemptions Based on

State Law

 Mergers and

Acquisitions

Transactional
Coverage
Compilation of
Reportable Data
Recording, Reporting, and Disclosure

When determining if it meets the loan-volume thresholds, a bank, savings association, or credit union only counts closed-end mortgage loans and open-end lines of credit that it originated. Only one institution is deemed to have originated a specific closedend mortgage loan or open-end line of credit under Regulation C, even if two or more institutions are involved in the origination process. Only the institution that is deemed to have originated the transaction under Regulation C counts it for purposes of the Loan-Volume Threshold. Comment 2(g)-5; see also Comments 4(a)-2 through -4. These requirements are discussed below in TRANSACTIONS INVOLVING MULTIPLE ENTITIES. Regulation C also includes a separate test to ensure that financial institutions that meet only the closed-end mortgage loan threshold are not required to report their open-end lines of credit, and that financial institutions that meet only the open-end line of credit threshold are not required to report their closed-end mortgage loans. 12 CFR 1003.3(c)(11) and (12).9 For more information, see HMDA Small Entity Compliance Guide, Section 4.1.2 available in Appendix B of this Guide. 9 If a financial institution is required under Regulation C to report only closed-end mortgage loans, it may optionally report open-end lines of credit that are excluded because the financial institution does not meet the transactional threshold for open-end lines of credit but that would otherwise be covered loans. Similarly, if a financial institution is required under Regulation C to report only open-end lines of credit, it may optionally report closed-end mortgage loans that are excluded because the financial institution does not meet the transactional threshold for closed-end mortgage loans but that would otherwise be covered loans. However, if it chooses to optionally report either closed-end mortgage loans or openend lines of credit, the financial institution must report all such transactions that would otherwise be covered loans for that calendar year. Comments 3(c)(11)-2 and 3(c)(12)-2. 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 4

Summary of
Requirements
Institutional
Coverage
 Coverage

 Coverage Tests

 Exemptions Based on

State Law

 Mergers and

Acquisitions

Transactional
Coverage
Compilation of
Reportable Data
Recording, Reporting, and Disclosure

NONDEPOSITORY FINANCIAL INSTITUTIONS
Under Regulation C, a for-profit mortgage-lending institution other than a bank, savings association, or credit union is a nondepository financial institution and subject to Regulation C if it meets BOTH of the following:

Location Test. The institution had a home or branch office in a metropolitan
statistical area (MSA) on the preceding December 31. 12 CFR 1003.2(g)(2)(i). The phrase “preceding December 31” refers to the December 31 immediately preceding the current calendar year. For example, in 2020, the preceding December 31 is December 31, 2019. Comment 2(g)-1 For purposes of this location test, a branch office of a nondepository financial institution is any one of the institution’s offices at which the institution takes from the public applications for covered loans. A nondepository financial institution is also deemed to have a branch office in an MSA if, in the preceding calendar year, it received applications for, originated, or purchased five or more covered loans related to property located in that MSA, even if it does not have an office in that MSA. 12 CFR 1003.2(c)(2). Covered loans and applications for covered loans are discussed below in TRANSACTIONAL COVERAGE: WHAT IS REPORTED?.
Loan-Volume Threshold. The institution meets or exceeds either the closed-end
mortgage loan-volume threshold or the open-end line of credit loan-volume threshold in each of the two preceding calendar years. Effective January 1, 2018 through December 31, 2021, an institution that originated at least 25 closed-end mortgage loans in each of the two preceding calendar years, or originated at least 500 open-end lines of credit in each of the two preceding calendar years meets or exceeds the loanvolume threshold. When an institution determines whether it meets the loan-volume thresholds, it does not count transactions excluded by 12 CFR 1003.3(c)(1) through (10) and (13). 12 CFR 1003.2(g)(2)(ii). 5 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
 Coverage Generally

 Coverage Tests

 Exemptions Based on

State Law

 Mergers and

Acquisitions

Transactional
Coverage
Compilation of
Reportable Data
Recording, Reporting, and Disclosure

Closed-end mortgage loans, open-end lines of credit, and these excluded transactions are discussed below in TRANSACTIONAL COVERAGE: WHAT IS REPORTED?. When determining if it meets the loan-volume thresholds, an institution only counts closed-end mortgage loans and open-end lines of credit that it originated. Only one institution is deemed to have originated a specific closed-end mortgage loan or openend line of credit under Regulation C, even if two or more institutions are involved in the origination process. Only the institution that is deemed to have originated the transaction under Regulation C counts it for purposes of the loan volume threshold. Comment 2(g)-5; see also Comments 4(a)-2 through -4. These requirements are discussed below in TRANSACTIONS INVOLVING MULTIPLE ENTITIES. Regulation C also includes a separate test to ensure that financial institutions that meet only the 25 closed-end mortgage loan threshold are not required to report their open-end lines of credit, and that financial institutions that meet only the 500 open-end line of credit threshold are not required to report their closed-end mortgage loans. 12 CFR 1003.3(c)(11) and (12).10 For more information, see the HMDA Small Entity Compliance Guide, Section 4.1.2 available in Appendix B of this Guide. 10 If a financial institution is required under Regulation C to report only closed-end mortgage loans, it may optionally report open-end lines of credit that are excluded because the financial institution does not meet the transactional threshold for open-end lines of credit but that would otherwise be covered loans. Similarly, if a financial institution is required under Regulation C to report only open-end lines of credit, it may optionally report closed-end mortgage loans that are excluded because the financial institution does not meet the transactional threshold for closed-end mortgage loans but that would otherwise be covered loans. However, if it chooses to optionally report either closed-end mortgage loans or openend lines of credit, the financial institution must report all such transactions that would otherwise be covered loans for that calendar year. Comments 3(c)(11)-2 and 3(c)(12)-2. 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 6

Summary of
Requirements
Institutional
Coverage
 Coverage

 Coverage Tests

 Exemptions Based on

State Law

 Mergers and

Acquisitions

Transactional
Coverage
Compilation of
Reportable Data
Recording, Reporting, and Disclosure

EXEMPTIONS BASED ON STATE LAW
Regulation C provides that financial institutions may apply for an exemption from coverage. Specifically, the CFPB may exempt a State-chartered or State-licensed financial institution if the CFPB determines that the financial institution is subject to a State disclosure law that contains requirements substantially similar to those imposed by Regulation C and adequate enforcement provisions. Any State-licensed or Statechartered financial institution or association of such institutions may apply to the CFPB for an exemption. An exempt institution shall submit the data required by State law to its State supervisory agency. 12 CFR 1003.3(a). A financial institution that loses its exemption must comply with Regulation C beginning with the calendar year following the year for which it last reported data under the State disclosure law. 12 CFR 1003.3(b). MERGERS AND ACQUISITIONS After a merger or acquisition, the surviving or newly formed institution is subject to Regulation C if it satisfies the coverage criteria for either a depository financial institution or a nondepository financial institution. See INSTITUTIONAL COVERAGE TESTS, above, and Section 3 of the HMDA Small Entity Compliance Guide available in
Appendix B of this Guide.
Annual reporting responsibility for the calendar year after a merger or acquisition. When determining whether the surviving or newly formed institution is covered for the calendar year after a merger or acquisition, the surviving or newly formed institution must consider the combined assets, locations, and lending activities of the surviving or newly formed entity and the merged or acquired entities or acquired branches. Comment 2(g)-3. Annual reporting responsibility for the calendar year of a merger or acquisition. The following discusses the applicability of Regulation C during the calendar year of a merger or acquisition:
7 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
 Coverage
 Coverage Tests
 Exemptions Based on
State Law
 Mergers and
Acquisitions
Transactional
Coverage
Compilation of
Reportable Data
Recording, Reporting, and Disclosure

If two institutions that are not subject to Regulation C merge but the newly
formed or surviving institution is subject to Regulation C, no data collection is required for the calendar year of the merger.
When a branch office of an institution that is not subject to Regulation C is
acquired by another institution that is not subject to Regulation C, and the acquisition results in the acquiring institution becoming subject to Regulation C, no data collection is required for the calendar year of the acquisition.
If an institution that is subject to Regulation C and an institution that is not
subject to Regulation C merge, and the surviving or newly formed institution is subject to Regulation C, for the calendar year of the merger, data collection is required for covered loans and applications handled in the offices of the institution that was previously subject to Regulation C. For the calendar year of the merger, data collection is optional for covered loans and applications handled in offices of the institution that was not previously subject to Regulation C.
When an institution that is subject to Regulation C acquires a branch office of an
institution that is not subject to Regulation C, data collection is optional for covered loans and applications handled by the acquired branch office for the calendar year of the acquisition.
If an institution that is subject to Regulation C and an institution that is not
subject to Regulation C merge and the surviving or newly formed institution is not subject to Regulation C, data collection is required for covered loans and applications handled prior to the merger in the previously covered institution’s offices. After the merger date, data collection is optional for covered loans and applications handled in the offices of the institution that was previously covered.
When an institution that is not subject to Regulation C acquires a branch office
of an institution that is subject to Regulation C but that acquisition does not result in the acquiring institution becoming subject to Regulation C, data collection is required for transactions of the acquired branch office that take place prior to the acquisition. Data collection by the acquired branch office is 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 8

Summary of
Requirements
Institutional
Coverage
 Coverage

 Coverage Tests

 Exemptions Based on

State Law

 Mergers and

Acquisitions

Transactional
Coverage
Compilation of
Reportable Data
Recording, Reporting, and Disclosure

optional for transactions taking place in the remainder of the calendar year of the acquisition.
7. If two or more institutions that are subject to Regulation C merge and the
surviving or newly formed institution is also subject to Regulation C, data collection is required for the entire calendar year of the merger. The surviving or newly formed financial institution files either a consolidated submission or separate submissions for that calendar year.
8. When one institution subject to Regulation C acquires a branch office of another
covered institution, data collection is required for the entire calendar year of the merger. Data for the acquired branch office may be submitted by either financial institution. Comment 2(g)-4. CHANGES TO APPROPRIATE FEDERAL HMDA REPORTING AGENCY OR TIN Under Regulation C, if the appropriate Federal HMDA reporting agency for a financial institution changes, the financial institution must identify its new appropriate Federal HMDA reporting agency in its annual submission for the year of the change. For example, if a financial institution’s appropriate Federal HMDA reporting agency changes in February 2020, it must identify its new appropriate Federal HMDA reporting agency beginning with the annual submission of its 2020 data by March 1, 2021. If a financial institution obtains a new Tax Identification Number (TIN), it should provide the new number in its subsequent data submission. For example, if two financial institutions that previously reported HMDA data merge and the surviving financial institution retained its Legal Entity Identifier (LEI) but obtained a new TIN, then the surviving financial institution should report the new TIN with its next HMDA data submission. Comment 5(a)-5. 9 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage

Compilation of
Reportable Data
Recording, Reporting, and Disclosure
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Transactional Coverage: What is Reported?
A financial institution is required to collect, record, and report information only for transactions that are subject to Regulation C. The transactions covered may come from multiple departments in an institution, including its closed-end loan, open-end loan, and commercial loan departments. All lines of business will need to be reviewed for covered transactions. Where to Look: Regulation C’s transactional coverage criteria is generally found within the definition of “Covered Loan,” located at 12 CFR 1003.2(e) and the associated commentary, available in Appendix H and I of this Guide. You may also want to review Section 4 of the HMDA Small Entity Compliance Guide available in Appendix B and the Transactional Coverage Chart available in Appendix E of this Guide. COVERED LOANS A covered loan can be either a closed-end mortgage loan or an open-end line of

credit, but an excluded transaction cannot be a covered loan. 12 CFR 1003.2(e).

To determine if a transaction is subject to Regulation C, a financial institution should first determine whether the loan or line of credit involved in the transaction is either a closed-end mortgage loan or an open-end line of credit. See IS IT A CLOSED-END MORTGAGE LOAN OR AN OPEN-END LINE OF CREDIT?, below, or Section 4.1.1 of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide. If the loan or line of credit is neither a closed-end mortgage loan nor an open-end line of credit, the transaction does not involve a covered loan, and the financial institution is not required to report the transaction. If the loan or line of credit is either a closedend mortgage loan or an open-end line of credit, the financial institution must determine if the closed-end mortgage loan or open-end line of credit is an excluded transaction. See IS IT AN EXCLUDED TRANSACTION?, below, and Section 4.1.2 of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide. If the closed-end mortgage loan or an open-end line of credit is an excluded transaction, it 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 10

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

is not a covered loan, and the financial institution is not required to report the transaction. If the loan or line of credit is a closed-end mortgage loan or an openend line of credit and is not an excluded transaction, the financial institution may be required to report the transaction. See REPORTABLE ACTIVITY, below, and Section
4.2 of the HMDA Small Entity Compliance Guide, available in Appendix B of this
Guide.
1. IS IT A CLOSED-END MORTGAGE LOAN OR AN OPEN-END LINE OF
CREDIT?
A closed-end mortgage loan is:
1. An extension of credit (See EXTENSION OF CREDIT, below);
2. Secured by a lien on a dwelling (See SECURED BY A LIEN ON A DWELLING, below);
and
3. Not an open-end line of credit. 12 CFR 1003.2(d).
An open-end line of credit is:
1. An extension of credit (See EXTENSION OF CREDIT, below);
2. Secured by a lien on a dwelling (See SECURED BY A LIEN ON A DWELLING, below);
and
3. An open-end credit plan for which:
a. The lender reasonably contemplates repeated transactions; b. The lender may impose a finance charge from time-to-time on an outstanding unpaid balance; and
c. The amount of credit that may be extended to the borrower during the term
of the plan (up to any limit set by the lender) is generally made available to the extent that any outstanding balance is repaid. 12 CFR 1003.2(o); 12 CFR 1026.2(a)(20). 11 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

4. Financial institutions may rely on Regulation Z, 12 CFR 1026.2(a)(20), and its
official commentary when determining whether a transaction is extended under a plan for which the lender reasonably contemplates repeated transactions, the lender may impose a finance charge from time-to-time on an outstanding unpaid balance, and the amount of credit that may be extended to the borrower during the term of the plan is generally made available to the extent that any outstanding balance is repaid. A business-purpose transaction that is exempt from Regulation Z but is otherwise open-end credit under Regulation Z, 12 CFR 1026.2(a)(20), would be an open-end line of credit under Regulation C if it is an extension of credit secured by a lien on a dwelling and is not an excluded transaction. Comment 2(o)-1. Extension of credit. A closed-end loan or open-end line of credit is not a closed-end mortgage loan or an open-end line of credit under Regulation C unless it involves an extension of credit. Individual draws on an open-end line of credit are not separate extensions of credit. Comment 2(o)-2. Under Regulation C, an “extension of credit” generally requires a new debt obligation. Comment 2(d)-2. Thus, for example, a loan modification where the existing debt obligation is not satisfied and replaced is not generally a covered loan (i.e., closedend mortgage loan or open-end line of credit) under Regulation C. Except as described below, if a transaction modifies, renews, extends, or amends the terms of an existing debt obligation, but the existing debt obligation is not satisfied and replaced, the transaction is not a covered loan. It is important to note that Regulation C defines the phrase “extension of credit” differently than Regulation B, 12 CFR Part
1002. Comment 2(d)-2 and 2(o)-2.
2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 12

Regulation C provides two narrow exceptions to the requirement that an “extension of credit” involve a new debt obligation. The exceptions are designed to capture transactions that are substantially similar to new debt obligations and should be treated as such.

Assumptions. Assumptions are extensions of credit under Regulation C. A
loan assumption is a transaction in which a financial institution enters into a written agreement accepting a new borrower in place of an existing borrower as the obligor on an existing debt obligation. Regulation C clarifies that assumptions include successor-in-interest transactions in which an individual succeeds the prior owner as the property owner and then assumes the existing debt secured by the property. Assumptions are extensions of credit even if the new borrower merely assumes the existing debt obligation and no new debt obligation is created. Comment 2(d)-2.i.
New York CEMAs. Regulation C provides that transactions completed
pursuant to a New York State consolidation, extension, and modification agreement and classified as a supplemental mortgage under New York Tax Law
Section 255, such that the borrower owes reduced or no mortgage recording
taxes (New York CEMA), is an extension of credit. However, the regulation also provides that certain transactions providing new funds that are consolidated into a New York CEMA are excluded from the HMDA reporting requirements. 12 CFR 1003.3(c)(13); Comment 2(d)-2.ii. 13 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

Secured by a lien on a dwelling. A loan is not a closed-end mortgage loan and a line of credit is not an open-end line of credit unless it is secured by a lien on a dwelling. A dwelling is a residential structure. There is no requirement that the structure be attached to real property or that it be the applicant’s or borrower’s residence. Examples of dwellings include:

Principal residences;
Second homes and vacation homes;
Investment properties;
Residential structures attached to real property;
Detached residential structures;
Individual condominium and cooperative units;
Manufactured homes or other factory-built homes; and
Multifamily residential structures or communities, such as apartment buildings,
condominium complexes, cooperative buildings or housing complexes, and manufactured home communities. 12 CFR 1003.2(f); Comments 2(f)-1 and -2. A dwelling is not limited to a structure that has four or fewer units. It also includes a multifamily dwelling, which is a dwelling that includes five or more individual dwelling units. A multifamily dwelling includes a manufactured home community. A loan related to a manufactured home community is secured by a dwelling even if it is not secured by any individual manufactured homes, but is secured only by the land that constitutes the manufactured home community. However, a loan related to a multifamily residential structure or community other than a manufactured home community is not secured by a dwelling unless it is secured by one or more individual dwelling units. For example, a loan that is secured only by the common areas of a condominium complex or only by an assignment of rents from an apartment building is not secured by a dwelling. Comment 2(f)-2. Further, a covered loan secured by five or more separate dwellings, which are not multifamily dwellings, in more than one location is not a loan secured by a multifamily dwelling. For example, 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 14

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

assume a landlord uses a covered loan to improve five or more dwellings, each with one individual dwelling unit, located in different parts of a town, and the loan is secured by those properties. The covered loan is not secured by a multifamily dwelling as defined by 12 CFR 1003.2(n). Comment 2(n)-3. The following are not dwellings:

Recreational vehicles, such as boats, campers, travel trailers, or park model
recreational vehicles;
Houseboats, floating homes, or mobile homes constructed before June 15,

1976;

Transitory residences, such as hotels, hospitals, college dormitories, or

recreational vehicle parks; and

Structures originally designed as a dwelling but used exclusively for commercial
purposes, such as a home converted to a daycare facility or professional office. Comment 2(f)-3. A property that is used for both residential and commercial purposes, such as a building that has apartment and retail units, is a dwelling if the property’s primary use is residential. Comment 2(f)-4. A property used for both long-term housing and to provide assisted living or supportive housing services is a dwelling. However, transitory residences used to provide such services are not dwellings. Properties used to provide medical care, such as skilled nursing, rehabilitation, or long-term medical care, are not dwellings. If a property is used for long-term housing, to provide related services (such as assisted living), and to provide medical care, the property is a dwelling if its primary use is residential. Comment 2(f)-5. A financial institution may use any reasonable standard to determine a property’s primary use, such as square footage, income generated, or number of beds or units 15 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

allocated for each use. It may select the standard on a case-by-case basis. Comments 2(f)-4 and -5.
2. IS IT AN EXCLUDED TRANSACTION?
Regulation C does not apply to transactions that are specifically excluded from coverage. 12 CFR 1003.3(c). Therefore, an excluded transaction is not a covered loan. Regulation C retains and clarifies existing categories of transactions that are excluded from coverage. It also expands the existing exclusion for agricultural loans, and adds new categories of transactions that are excluded from coverage. Effective January 1, 2018, the following are excluded transactions:

A closed-end mortgage loan or an open-end line of credit that a financial
institution originates or purchases in a fiduciary capacity, such as a closed-end mortgage loan or an open-end line of credit that a financial institution originates or purchases as a trustee. 12 CFR 1003.3(c)(1); Comment 3(c)(1).
A closed-end mortgage loan or an open-end line of credit secured by a lien on
unimproved land. 12 CFR 1003.3(c)(2). Generally, a loan or line of credit must be secured by a dwelling to be a covered loan. Regulation C also lists closedend mortgage loans and open-end lines of credit secured only by vacant or unimproved land as excluded transactions. However, a loan or line of credit secured by a lien on unimproved land is deemed to be secured by a dwelling (and might not be excluded) if the financial institution knows, based on information that it receives from the applicant or borrower at the time the application is received or the credit decision is made, that the proceeds of that loan or credit line will be used within two years after closing or account opening to construct a dwelling on, or to purchase a dwelling to be placed on, the land. Comment 3(c)(2)-1.
A closed-end mortgage loan or an open-end line of credit that is temporary

financing. 12 CFR 1003.3(c)(3). A transaction is excluded as temporary

financing if it is designed to be replaced by separate permanent financing

2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 16

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans
 Reportable Activity
 Transaction involving
Multiple Entities
 Partial Exemptions
Compilation of
Reportable Data
Recording, Reporting, and Disclosure extended to the same borrower at a later time. The separate permanent financing may be extended by any lender (i.e., by either the lender that extended the temporary financing or another lender). Comment 3(c)(3)-1. A construction only loan or line of credit is considered temporary financing and excluded under Regulation C if the loan or line of credit is extended to a person exclusively to construct a dwelling for sale. Comment 3(c)(3)-2.
4. The purchase of an interest in a pool of closed-end mortgage loans or open-end
lines of credit, such as mortgage-participation certificates, mortgage-backed securities, or real estate mortgage investment conduits. 12 CFR 1003.3(c)(4); Comment 3(c)(4)-1.
5. The purchase solely of the right to service closed-end mortgage loans or openend lines of credit. 12 CFR 1003.3(c)(5).
6. The purchase of a closed-end mortgage loan or an open-end line of credit as
part of a merger or acquisition or as part of the acquisition of all of a branch
office’s assets and liabilities. 12 CFR 1003.3(c)(6); Comment 3(c)(6)-1. For more information on mergers and acquisitions under Regulation C, see Comments 2(g)-3 and -4. See also HMDA Small Entity Compliance Guide,
Section 8, available in Appendix B of this Guide.
7. A closed-end mortgage loan or an open-end line of credit, or an application for a
closed-end mortgage loan or open-end line of credit, for which the total dollar amount is less than $500. 12 CFR 1003.3(c)(7).
8. The purchase of a partial interest in a closed-end mortgage loan or an open-end
line of credit. 12 CFR 1003.3(c)(8); Comment 3(c)(8)-1.
17 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

A closed-end mortgage loan or an open-end line of credit if the proceeds are
used primarily for agricultural purposes or if the closed-end mortgage loan or open-end line of credit is secured by a dwelling that is located on real property that is used primarily for agricultural purposes. 12 CFR 1003.3(c)(9); Comment 3(c)(9)-1. Regulation C directs financial institutions to Regulation Z’s official commentary for guidance on what is an agricultural purpose. Regulation Z’s official commentary states that agricultural purposes include planting, propagating, nurturing, harvesting, catching, storing, exhibiting, marketing, transporting, processing, or manufacturing food, beverages, flowers, trees, livestock, poultry, bees, wildlife, fish or shellfish by a natural person engaged in farming, fishing, or growing crops, flowers, trees, livestock, poultry, bees or wildlife. See Comment 3(a)-8 in the official interpretations of Regulation Z, 12 CFR Part 1026. A financial institution may use any reasonable standard to determine the primary use of the property, and may select the standard to apply on a case-by-case basis. Comment 3(c)(9)-1.
A closed-end mortgage loan or an open-end line of credit that is or will be made
primarily for business or commercial purposes, unless it is a home improvement loan, a home purchase loan, or a refinancing. 12 CFR 1003.3(c)(10). Not all transactions that are primarily for a business purpose are excluded transactions. Thus, a financial institution must collect, record, and report data for dwellingsecured, business-purpose loans and lines of credit that are home improvement loans, home purchase loans, or refinancings if no other exclusion applies. For more information on determining whether a loan or line of credit is a home purchase loan, home improvement loan, or refinancing, see 12 CFR 1003.2(f),(i), (j), and (p) and the associated commentary. See also, HMDA Small Entity Compliance Guide, Section 5.7, available in Appendix B of this Guide. Regulation C provides that, if a closed-end mortgage loan or an open-end line 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 18

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

of credit is deemed to be primarily for a business, commercial, or organizational purpose under Regulation Z, 12 CFR 1026.3(a), and its official commentary, then the loan or line of credit also is deemed to be primarily for a business or commercial purpose. Comment 3(c)(10)-2. For more information and examples of business-purpose or commercial-purpose transactions that are and are not covered loans, see Comments 3(c)(10)-3 and -4.
11. A closed-end mortgage loan if the financial institution originated fewer than 25
closed-end mortgage loans in either of the two preceding calendar years. 12 CFR 1003.3(c)(11). A financial institution is not required to collect, record, or report closed-end mortgage loans if it originated fewer than 25 of them in either of the two preceding calendar years. However, the financial institution may still be required to collect and report information regarding open-end lines of credit, depending on the number of open-end lines of credit it originated in the preceding two calendar years. Comment 3(c)(11)-1. For more information on how to determine if a financial institution “originated” a particular loan when multiple entities are involved in the transaction, see Comments 4(a)-2 through -
4. See also HMDA Small Entity Compliance Guide, Section 4.2.3, available in
Appendix B of this Guide.
A financial institution may report applications for, originations of, and purchases of closed-end mortgage loans that are excluded transactions under 12 CFR 1003.3(c)(11). However, a financial institution that chooses to report such excluded applications, originations, and purchases must report all such applications it received for closed-end mortgage loans, all closed-end mortgage loans it originates, and all closed-end mortgage loans it purchases that would otherwise be covered loans for a given calendar year. 12 CFR 1003.3(c)(11); 19 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

Comment 3(c)(11)-2. Regulation B permits a financial institution to collect information regarding the ethnicity, race, and sex of an applicant for a closedend mortgage loan that is an excluded transaction under 12 CFR 1003.3(c)(11), if the financial institution submits HMDA data concerning such closed-end mortgage loans and applications or if it submitted such HMDA data for any of the preceding five calendar years.11
12. An open-end line of credit if the number of open-end lines of credit that the
financial institution originated in either of the two preceding calendar years does not meet or exceed the applicable threshold. 12 CFR 1003.3(c)(12); Comment 3(c)(12)-1. Effective January 1, 2018 until December 31, 2021, the applicable threshold is 500 open-end lines of credit. During this time period, a financial institution is not required to collect, record, or report open-end lines of credit if it originated fewer than 500 of them in either of the two preceding calendar years. For more information on how to determine if a financial institution “originated” a particular line of credit when multiple entities are involved in the transaction, see Comments 4(a)-2 through -4. See also HMDA Small Entity Compliance Guide,
Section 4.2.3, available in Appendix B of this Guide.
A financial institution may report applications for, originations of, or purchases of open-end lines of credit that are excluded transactions under 12 CFR 1003.3(c)(12). However, a financial institution that chooses to report such excluded applications, originations, or purchases must report all applications for 11 Amendments to Equal Credit Opportunity Act (Regulation B) Ethnicity and Race Information Collection, 82 FR 45680 (Oct. 2, 2017) (October 2017 Regulation B Amendments). This final rule amends Regulation B to allow creditors flexibility in complying with Regulation B to facilitate compliance with Regulation C and transition to the 2016 Uniform Residential Loan Application (URLA). 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 20

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

otherwise covered open-end lines of credit that it receives, all otherwise covered open-end lines of credit it originates, and all otherwise covered open-end lines of credit it purchases that would otherwise be covered loans for a given calendar year. 12 CFR 1003.3(c)(12); Comment 3(c)(12)-2. Regulation B permits a financial institution to collect information regarding the ethnicity, race, and sex of an applicant for an open-end line of credit that is an excluded transaction under 12 CFR 1003.3(c)(12), if it submits HMDA data concerning such open-end lines of credit and applications or if it submitted such HMDA data for any of the preceding five calendar years.12
13. A transaction that provided (or, in the case of an application, proposed to
provide) new funds to the borrower in advance of being consolidated in a New York CEMA classified as a supplemental mortgage under New York Tax Law
section 255. However, the transaction is excluded only if final action on the
consolidation was taken in the same calendar year as the final action on the new funds transaction. 12 CFR 1003.3(c)(13). Additionally, the transaction is excluded only if, at the time that it originated the transaction providing the new funds, the financial institution intended to consolidate the loan into a New York CEMA. This exclusion does not apply to similar preliminary transactions that are consolidated pursuant to laws other than New York Tax Law section 255. Such preliminary transactions under other laws must be reported if they are covered loans and are not covered by another exclusion. Comment 3(c)(13)-1. New funds provided in advance of being consolidated into a New York CEMA classified as a supplemental mortgage under New York Tax Law section 255 are reported only insofar as they form part of the total amount of the reported New York CEMA. They are not reported as a separate amount. If a New York CEMA that consolidates an excluded preliminary transaction is carried out in a 12 October 2017 Regulation B Amendments. 21 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

transaction involving an assumption, the financial institution reports the New York CEMA and does not report the preliminary transaction separately. Comment 3(c)(13)-1. REPORTABLE ACTIVITY Once a financial institution has determined whether a transaction involves a covered loan, it must determine whether it has engaged in activity that obligates it to report information about the transaction. Generally, a financial institution is required to report information for actions taken on applications (as that term is defined below) for covered loans, originations of covered loans, and purchases of covered loans. If a financial institution receives an application and that application results in the financial institution originating a covered loan, the financial institution reports the origination of the covered loan, and does not separately report the application. For more information on when to report information regarding applications and covered loans, see APPLICATIONS, PREAPPROVAL REQUESTS, and ORIGINATIONS AND PURCHASES OF COVERED LOANS, below, and Sections 4.2.1 and 4.2.2 of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide. There are special rules that apply if multiple entities are involved in the transaction. These special rules are discussed in TRANSACTION INVOLVING MULTIPLE ENTITIES, below, and Section 4.2.3 of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide. Certain financial institutions may be eligible for partial exemptions for certain transactions. If a financial institution is eligible for a partial exemption, then the financial institution is not required to collect, record, or report certain data points for the transaction that qualifies for the partial exemption. Partial exemptions are discussed in PARTIAL EXEMPTIONS below and in Section 4.3 of the HMDA Small 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 22

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

Entity Compliance Guide, available in Appendix B of this Guide.
APPLICATIONS
For purposes of Regulation C, an application is:
a. an oral or written request b. for a covered loan
c. that is made in accordance with procedures the financial institution uses for the
type of credit requested. 12 CFR 1003.2(b)(1).
PREAPPROVAL REQUESTS
Under Regulation C, a request for a preapproval may be treated differently than a request for a prequalification for certain types of loans. The determination of whether a request is a prequalification request (which is not an application) or a preapproval request (which might be an application) is based on Regulation C, not on the labels that a financial institution uses or interpretations of other regulations, such as Regulation B. A preapproval request is an application under Regulation C if the request is:

For a home purchase loan;
Not secured by a multifamily dwelling;
Not for an open-end line of credit or for a reverse mortgage; and
Reviewed under a preapproval program (see definition of preapproval program
immediately below). 12 CFR 1003.2(b)(2).
A preapproval program for purposes of Regulation C is a program in which the financial institution:
23 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

1. Conducts a comprehensive analysis of the applicant’s creditworthiness
(including income verification), resources, and other matters typically reviewed as part of the financial institution’s normal credit evaluation program; and then
2. Issues a written commitment that: (a) is for a home purchase loan; (b) is valid
for a designated period of time and up to a specified amount; and (c) is subject only to specifically permitted conditions. 12 CFR 1003.2(b)(2); Comment 2(b)-3. The written commitment issued as part of the preapproval program can be subject to only the following types of conditions:
1. Conditions that require the identification of a suitable property;
2. Conditions that require that no material change occur regarding the applicant’s
financial condition or creditworthiness prior to closing; and
3. Limited conditions that (a) are not related to the applicant’s financial condition or
creditworthiness and (b) the financial institution ordinarily attaches to a traditional home mortgage application. Examples of conditions ordinarily attached to a traditional home mortgage application include requiring an acceptable title insurance binder or a certificate indicating clear termite inspection and, if the applicant plans to use the proceeds from the sale of the applicant’s present home to purchase a new home, a settlement statement showing adequate proceeds from the sale of the present home. 12 CFR 1003.2(b)(2); Comment 2(b)-3. A program that a financial institution describes as a “preapproval program” but that does not satisfy the Regulation C definition is not a preapproval program for purposes of the regulation. Comment 2(b)-3. If a financial institution does not regularly use procedures to consider requests but instead considers requests on an ad hoc basis, the financial institution is not required to treat the ad hoc requests as having been reviewed under a preapproval program. However, a financial institution should be generally consistent in following uniform procedures for considering such ad hoc requests. Comment 2(b)-3. 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 24

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

Under Regulation C, a financial institution must collect, record, and report data regarding an application it receives if: (1) the application did not result in the financial institution originating a covered loan; and (2) the financial institution took action on the application or the applicant withdrew the application while the financial institution was reviewing it. For example, a financial institution reports information regarding an application that it denied, that it approved but the applicant did not accept, or that it closed for incompleteness. 12 CFR 1003.4(a) and 1003.5(a); Comment 4(a)-1. If the application results in the financial institution originating a covered loan, the financial institution reports the covered loan, not the application itself. For more information on reporting applications when multiple entities are involved, see TRANSACTIONS INVOLVING MULTIPLE ENTITIES, below, and in Section 4.2.3 of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide. Although requests under preapproval programs are applications, a financial institution reports data regarding a request under a preapproval program only if the preapproval request is denied or approved but not accepted. A financial institution will also report a request under a preapproval program that results in the financial institution originating a home purchase loan, but it will be reported as an originated covered loan. Comment 4(a)-1.ii. A financial institution reports the data for an application, including a reportable preapproval request, on its HMDA Loan/Application Register (LAR) for the calendar year during which it takes action even if the financial institution received the application in a previous calendar year. Comment 4(a)-1.iv. ORIGINATIONS AND PURCHASES OF COVERED LOANS A financial institution must collect, record, and report information regarding originations and purchases of covered loans. For more information on when a financial institution reports the origination or purchase of a covered loan when multiple 25 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

entities are involved, see TRANSACTIONS INVOLVING MULTIPLE ENTITIES, below, and in
Section 4.2.3 of the HMDA Small Entity Compliance Guide, available in Appendix B
of this Guide. A purchase includes a repurchase of a covered loan, regardless of whether the financial institution chose to repurchase the covered loan or was required to repurchase it because of a contractual obligation and regardless of whether the repurchase occurred within the same calendar year that the covered loan was originated or in a different calendar year. Comment 4(a)-5. A purchase does not include a temporary transfer of a covered loan to an interim funder or warehouse creditor as part of an interim funding agreement under which the financial institution that originated the covered loan is obligated to repurchase it for sale to a subsequent investor. Such funding agreements are often referred to as “repurchase agreements” and are sometimes used as the functional equivalents of warehouse lines of credit. Comment 4(a)-5. TRANSACTIONS INVOLVING MULTIPLE ENTITIES Only one financial institution reports the origination of a covered loan. If more than one institution is involved in the origination of a covered loan, the institution that makes the credit decision approving the application before loan closing or account opening is responsible for reporting the origination of the covered loan. It is not relevant whether the loan closed in the reporting financial institution’s name. If more than one institution approved an application prior to loan closing or account opening and one of those institutions purchased the covered loan after closing or account opening, the institution that purchased the covered loan after closing or account opening is responsible for reporting the origination of the covered loan. Comment 4(a)-2.i. If a financial institution reports a covered loan as an origination, it reports all of the information required to be reported for the origination of a covered loan, even if the covered loan was not initially payable to the financial institution that is reporting the covered loan as an origination. Comment 4(a)-2.i. When reporting a covered loan 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 26

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

as an origination, a financial institution cannot rely on exceptions or exclusions that apply to purchased covered loans, but that do not apply to originations of covered loans. See comment 4(a)-2.i. In the case of an application for a covered loan that did not result in an origination, a financial institution reports the action it took on that application if it made a credit decision on the application or was reviewing the application when the application was withdrawn or closed for incompleteness. For example, the financial institution is still required to report the application if the financial institution denied the application or if the financial institution approved the application but the applicant did not accept the loan. The financial institution is also required to report the application if the financial institution was reviewing the application when it was withdrawn or the file was closed for incompleteness. Comment 4(a)-2.ii. If a financial institution makes a credit decision on a covered loan or application through the actions of an agent, the financial institution reports the covered loan or application. State law determines whether one party is the agent of another party. Comment 4(a)-4. The following examples illustrate when a financial institution reports certain transactions related to covered loans involving multiple entities. EXAMPLES

Ficus Bank receives an application for a covered loan from an applicant and
forwards that application to Pine Bank, which reviews and approves the application prior to closing. The loan closes in Ficus Bank’s name. Pine Bank purchases the loan from Ficus Bank after closing. Pine Bank is not acting as Ficus Bank’s agent when it reviews and approves the application. Because Pine Bank made the credit decision prior to closing, Pine Bank reports the transaction as an originated covered loan, not as a purchased covered loan. Ficus Bank does not report the transaction. 27 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans
 Reportable Activity
 Transaction involving
Multiple Entities
 Partial Exemptions
Compilation of
Reportable Data
Recording, Reporting, and Disclosure
2. Ficus Mortgage Company receives an application for a covered loan from an
applicant and forwards that application to Pine Bank, which reviews and denies the application before the loan would have closed. Pine Bank is not acting as Ficus Mortgage Company’s agent when it reviews and denies the application. Because Pine Bank makes the credit decision, Pine Bank reports the application as denied. Ficus Mortgage Company does not report the application. If, under the same facts, the application is withdrawn before Pine Bank makes a credit decision, Pine Bank reports the application as withdrawn, and Ficus Mortgage Company does not report the application.
3. Ficus Bank receives an application for a covered loan from an applicant and
approves the application. Ficus Bank closes the loan in its name. Ficus Bank is not acting as Pine Bank’s agent when it approves the application or closes the loan. Pine Bank does not review the application before closing. Pine Bank purchases the covered loan from Ficus Bank. Ficus Bank reports the loan as an originated covered loan. Pine Bank reports the loan as a purchased covered loan.
4. Pine Bank reviews an application and makes a credit decision to approve a
covered loan using the underwriting criteria provided by Ficus Mortgage Company. Pine Bank is not acting as Ficus Mortgage Company’s agent, and no one acting on behalf of Ficus Mortgage Company reviews the application or makes a credit decision prior to closing. Pine Bank reports the application or, if the application results in a covered loan, it reports the loan as an originated covered loan. If the application results in a covered loan and Ficus Mortgage Company purchases it after closing, Ficus Mortgage Company reports the loan as a purchased covered loan.
5. Ficus Bank receives an application for a covered loan and forwards it to Aspen
Bank and Pine Bank. Ficus Bank makes a credit decision, acting as Elm Bank’s agent, and approves the application. Pine Bank makes a credit decision and 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 28

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

denies the application. Aspen Bank makes a credit decision approving the application. The applicant does not accept the loan from Elm Bank. The applicant accepts the loan from Aspen Bank and credit is extended. Aspen Bank reports the loan as an originated covered loan. Pine Bank reports the application as denied. Elm Bank reports the application as approved but not accepted. Ficus Bank does not report the application. PARTIAL EXEMPTIONS The 2018 Act created partial exemptions from some of HMDA’s requirements for certain financial institutions. Only certain covered loans and applications are covered under each of the two partial exemptions. The partial exemptions were effective May 24, 2018, and apply to the collection, recording, and reporting of HMDA data on or after that date. In order to be eligible for a partial exemption, a financial institution must be an:
1. “Insured credit union,” as defined in section 101 of the Federal Credit Union Act,
12 U.S.C. 1752; or
2. “Insured depository institution,” as defined in section 3 of the Federal Deposit
Insurance Act, 12 U.S.C. 1813.
Additionally, an insured depository institution must not have received less than satisfactory ratings in its most recent Community Reinvestment Act (CRA) performance evaluations to be eligible for a partial exemption. More specifically, an insured depository institution must not have received either of the following:
1. A rating of “needs to improve record of meeting community credit needs” during
each of its two most recent examinations under section 807(b)(2) of the CRA; or 29 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

A rating of “substantial noncompliance in meeting community credit needs” on
its most recent examination under section 807(b)(2) of the CRA.
The CRA ratings used to determine if an insured depository institution is eligible for a partial exemption are the institution’s two most recent ratings as of December 31 of the preceding year. In order for a partial exemption to apply to an application or covered loan (including a purchased covered loan), an eligible financial institution must also meet the applicable loan-volume threshold. The 2018 HMDA Rule clarified that only loans that are otherwise reportable under Regulation C count towards the thresholds for partial exemptions. A reportable loan under Regulation C is a loan that meets the definition of closed-end mortgage loan under section 1003.2(d) or open-end line of credit under
section 1003.2(o), and that the transaction is not excluded under section 1003.3(c)(1)
through (10) or (13).
A partial exemption applies to an eligible financial institution’s applications for originations of, and purchases of closed-end mortgage loans if the institution originated fewer than 500 closed-end mortgage loans in each of the two preceding calendar years. A partial exemption applies to an eligible financial institution’s applications for, originations of, and purchases of open-end lines of credit if the institution originated fewer than 500 open-end lines of credit in each of the two preceding calendar years. The partial exemption for closed-end mortgage loans and the partial exemption for open-end lines of credit operate independently of one another. Thus, in a given calendar year, an eligible financial institution may be able to rely on one partial exemption but not the other. For example, Ficus Bank is an insured depository institution as defined in Section 3 of the Federal Deposit Insurance Act, and it received satisfactory ratings in its two most recent CRA examinations as of December 31, 2019. In 2018, Ficus Bank originated 400 closed-end mortgage loans and 510 open-end lines of credit. In 2019, Ficus Bank originated 490 closed-end mortgage loans and 515 open- end lines of credit. In 2020, a partial exemption applies to Ficus 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 30

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
 Covered Loans

 Reportable Activity

 Transaction involving

Multiple Entities

 Partial Exemptions

Compilation of
Reportable Data
Recording, Reporting, and Disclosure

Bank’s closed-end mortgage loan transactions, but a partial exemption does not apply to Ficus Bank’s open-end line of credit transactions. Additionally, because Ficus Bank originated at least 500 open-end lines of credit in both 2018 and 2019, Ficus Bank cannot exclude open-end lines of credit from its reportable transactions in 2020 (i.e., they are not excluded transactions). The 2018 Act created partial exemptions, not complete exclusions. Therefore, if a covered loan or application is covered by a partial exemption, the financial institution is required to collect, record, and report 22 specific data points specified in 12 CFR 1003.4(a)(1) through (38), but is exempt from collecting, recording, and reporting 26 other specific data points for that transaction. See Appendix F for a list of data points that do not need to be collected, recorded, or reported if the transaction is covered by a partial exemption and a list of data points that must be collected, recorded, and reported if the transaction is covered by a partial exemption. At its option, an eligible financial institution may voluntarily report any or all of these 26 data points for a covered loan or application covered by a partial exemption. APPLICATION OF PARTIAL EXEMPTIONS AFTER A MERGER OR ACQUISITION After a merger or acquisition, the surviving or newly formed institution falls below the loan threshold described in § 1003.3(d)(2) or (3) if the combined lending activity of the surviving or newly formed institution and the merged or acquired institutions or acquired branches falls below the loan threshold described in § 1003.3(d)(2) or (3). After a merger or acquisition, the surviving or newly formed institution is ineligible for the partial exemptions if either the surviving or newly formed institution or any of the merged or acquired institutions received a rating of “needs to improve record of meeting community credit needs” during each of its two most recent CRA examinations or a rating of “substantial noncompliance in meeting community credit needs” on its most recent CRA examination. Comments 3(d)-1 through -3. 31 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data
Recording, Reporting, and Disclosure

For more information on the partial exemptions, see Section 4.3 of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide. Compilation of Reportable Data: What is Reported?
Appendix A of this Guide contains a summary of the data points required to be
collected, recorded, and reported beginning in 2018, and where to find specific guidance in the regulation and commentary on what should be included for each data point.13 Each data point may correspond to more than one field reported on the HMDA LAR. Unless a partial exemption applies, there are 48 data points described in Regulation C and 110 fields reported on the HMDA LAR. One example of a data point that corresponds to multiple fields is the ethnicity data point. Each applicant and co-applicant may enter up to five ethnicities on their application. See 12 CFR 1003.4(a)(10)(i); Appendix B to Part 1003. Additional information on the fields and codes used in preparing the HMDA LAR are provided in the Filing Instructions Guide, available at ffiec.cfpb.gov. Where to Look: Regulation C’s reportable data criteria are found in 12 CFR 1003.4 and the associated commentary, available in Appendix H and I of this Guide. You may also want to review Section 5 of the HMDA Small Entity Compliance Guide available in Appendix B of this Guide. 13 Additionally, Section 5 of the CFPB’s HMDA Small Entity Compliance Guide, available in
Appendix B of this Guide, contains a plain language guide for the reportable data, including
examples from the commentary.
2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 32

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data
 Applicant Information
Recording, Reporting, and Disclosure

APPLICANT INFORMATION
A financial institution must report information about ethnicity, race, and sex, as well as age, for applicants who are natural persons. Appendix B to Regulation C provides instructions on how to collect ethnicity, race, and sex information, and is available in
Appendix H of this Guide. 14
14 Section 5.1 of the CFPB’s HMDA Small Entity Compliance Guide, available in Appendix B of this Guide, contains a plain language guide for collecting and reporting application information. Further, Appendix C of this Guide contains the CFPB’s chart on Collecting Ethnicity, Race, and Sex. 33 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data

Recording,
Reporting, and
Disclosure
 Recording
 Reporting
 Disclosure of Data
Recording, Reporting, and Disclosure: When is it Reported?
Where to Look: Regulation C’s Recording, Reporting, and Disclosure criteria are found within 12 CFR 1003.5 and the associated commentary, available in Appendix H and I of this Guide. You may also want to review Section 6 of the HMDA Small Entity Compliance Guide available in Appendix B of this Guide. RECORDING Regulation C requires a financial institution to record the data about a covered loan or application on a HMDA LAR within 30 calendar days after the end of the calendar quarter in which the financial institution takes final action on the covered loan or application. 12 CFR 1003.4(f). A financial institution is not required to record all of its HMDA data for a quarter on a single HMDA LAR. Rather, a financial institution may record data on a single HMDA LAR or may record data on one or more HMDA LARs for different branches or different loan types (such as home purchase loans or home improvement loans, or loans on multifamily dwellings). Comment 4(f)-1. Other State or Federal regulations may require a financial institution to record its data on a HMDA LAR more frequently. Comment 4(f)-2. Financial institutions may maintain their quarterly records in electronic or any other format, provided they can make the information available to their regulatory agencies in a timely manner upon request. Comment 4(f)-3. 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 34

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data
Recording,
Reporting, and
Disclosure
 Recording
 Reporting
 Disclosure of Data

REPORTING
In addition to the required data discussed in 12 CFR 1003.4 and Section 5 of the

HMDA Small Entity Compliance guide, available in Appendix B of this Guide,

effective January 1, 2019, a financial institution must include the following when it

submits its HMDA data:

Its name;
The calendar year the data submission covers;
The name and contact information for a person who can be contacted with
questions about the submission;
The financial institution’s appropriate Federal HMDA reporting agency;
The total number of entries in the submission;
The financial institution’s TIN; and
The financial institution’s LEI. 12 CFR 1003.5(a)(3).
If the appropriate Federal HMDA reporting agency for a financial institution changes, the financial institution must identify its new appropriate Federal HMDA reporting agency in its annual submission for the year of the change. Comment 5(a)-2. For example, if a financial institution’s appropriate Federal HMDA reporting agency changes in February 2020, it must identify its new appropriate Federal HMDA reporting agency beginning with its annual submission of 2020 data by March 1, 2021. If a financial institution obtains a new TIN, it must provide the new TIN in its subsequent data submissions. For example, if two financial institutions that previously reported HMDA data merge and the surviving financial institution retained its LEI but obtained a new TIN, the surviving financial institution reports the new TIN beginning with its next HMDA data submission. Comment 5(a)-5. 35 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data
Recording,
Reporting, and
Disclosure
 Recording
 Reporting
 Disclosure of Data

A financial institution that is a subsidiary of a bank or savings association must complete its own HMDA LAR and submit it, directly or through its parent, to the appropriate Federal HMDA reporting agency for the subsidiary’s parent. 12 CFR 1003.5(a)(2). A financial institution is a subsidiary of a bank or savings association (for purposes of reporting HMDA data to the same agency as the parent) if the bank or savings association holds or controls an ownership interest in the financial institution that is greater than 50 percent. Comment 5(a)-3. ANNUAL REPORTING Regulation C maintains the annual reporting requirement, but requires financial institutions to submit data electronically in accordance with the procedures published by the CFPB. 12 CFR 1003.5(a)(5). This Guide does not provide detailed information about the HMDA submission process, or file, data, and edit specifications. Information about those topics can be found in the FFIEC’s Help for Filers section, available at ffiec.cfpb.gov and How to File section, available at www.ffiec.gov/hmda/. Under Regulation C, a financial institution must submit its annual HMDA LAR in electronic format to its appropriate Federal HMDA reporting agency by March 1 of the year following the calendar year for which the data are collected. 12 CFR 1003.5(a)(1)(i). An individual who is an authorized representative of the financial institution and who has knowledge regarding the submitted data must certify its accuracy and completeness. 12 CFR 1003.5(a)(1)(i). A financial institution must retain a copy of its submitted annual HMDA LAR for at least three years. 12 CFR 1003.5(a)(1)(i). Financial institutions may retain their annual HMDA LARs in either paper or electronic form. Comment 5(a)-4. For more information on reporting under Regulation C or on the electronic submission of data, please see ffiec.cfpb.gov. 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 36

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data
Recording,
Reporting, and
Disclosure
 Recording
 Reporting
 Disclosure of Data

QUARTERLY REPORTING
Effective January 1, 2020, Regulation C requires some financial institutions to report data on a quarterly basis as well as on an annual basis. A financial institution’s covered loans and applications, excluding purchased covered loans, in calendar year 2019 will determine whether the quarterly reporting requirement will apply to the financial institution in 2020. The quarterly reporting requirement applies to a financial institution that reported at least 60,000 originated covered loans and applications (combined) for the preceding calendar year. The financial institution does not count purchased covered loans when determining whether the quarterly reporting requirement applies. If quarterly reporting is required, the financial institution must report all data required to be recorded for the calendar quarter within 60 calendar days after the end of the calendar quarter. The quarterly reporting requirement does not apply, however, to the fourth quarter of the year. A financial institution that is subject to the quarterly reporting requirement reports its fourth quarter data as part of its annual submission. In its annual submission, a quarterly reporter will resubmit the data previously submitted for the first three calendar quarters of the year, including any corrections to the data, as well as its fourth quarter data. 12 CFR 1003.5(a)(1)(ii). This Guide does not provide detailed information about the quarterly or annual HMDA submission process, or file, data, and edit specifications. The Filing Instructions Guide as well as a Supplemental Guide for Quarterly Filers can be found in the FFIEC’s Help for Filers section, available at ffiec.cfpb.gov and How to File section, available at www.ffiec.gov/hmda/. DETERMINING QUARTERLY REPORTING COVERAGE In the calendar year of a merger, Regulation C requires a surviving or newly formed financial institution to report quarterly, beginning with the first quarterly submission 37 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data
Recording,
Reporting, and
Disclosure
 Recording
 Reporting
 Disclosure of Data due date after the date of the merger, in certain circumstances. Specifically, the financial institution must report, if when added, together, the surviving or newly formed financial institution and all financial institutions that merged reported at least 60,000 originated covered loans and applications for the preceding calendar year. In the calendar year of an acquisition, the surviving financial institution is required to report quarterly, beginning with the first quarterly submission due date after the date of the acquisition, in certain circumstances. Specifically, the financial institution must report, if when added together the surviving financial institution and acquired financial institution(s) or branch office(s) reported at least 60,000 originated covered loans and applications for the preceding calendar year. If a financial institution acquires one or more branch offices of another financial institution but does not acquire the financial institution, it is required to count only the originated covered loans and applications for the branch offices that it acquired. Comment 5(a)-1.ii. In the calendar year following a merger or acquisition, the surviving or newly formed financial institution is required to comply with the quarterly reporting requirements if a combined total of at least 60,000 originated covered loans and applications is reported for the preceding calendar year by or for the surviving or newly formed financial institution and each financial institution or branch office that merged or was acquired. Comment 5(a)-1.iii. The quarterly reporting requirement is effective January 1, 2020. 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 38

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data
Recording,
Reporting, and
Disclosure
 Recording
 Reporting
 Disclosure of Data

DISCLOSURE OF DATA
DISCLOSURE STATEMENT
Under Regulation C, the FFIEC shall provide a notice to the financial institution that the financial institution’s disclosure statement (aggregated data derived from loan-level data submitted for the prior calendar year) is available. 12 CFR 1003.5(b)(1). No later than three business days (any calendar day other than a Saturday, Sunday, or legal public holiday) after receiving notice from the FFIEC, the financial institution must make available to the public, upon request, a written notice that clearly conveys that the financial institution’s disclosure statement may be obtained on the CFPB’s website at www.consumerfinance.gov/hmda. 12 CFR 1003.5(b)(2); Comment 5(b)-1. A financial institution’s disclosure statement may also be obtained from ffiec.cfpb.gov. A financial institution may, but is not required to, use the sample notice to satisfy Regulation C’s disclosure statement requirement. A copy of the sample notice is included as Attachment C of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide. The notice may be made available in paper or electronic form. Comment 5(b)-2. A financial institution must make the notice available to the public for a period of five years. 12 CFR 1003.5(d)(1). At its discretion, a financial institution may also provide its disclosure statement and impose a reasonable fee for costs incurred reproducing or providing the statement. 12 CFR 1003.5(d)(2). Even if it provides the disclosure statement, a financial institution must comply with the notice requirement. 39 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data
Recording,
Reporting, and
Disclosure
 Recording
 Reporting
 Disclosure of Data

MODIFIED HMDA LAR15
Upon request from a member of the public, a financial institution must provide a written notice regarding the availability of its modified HMDA LAR (the financial institution’s HMDA LAR, as modified by the CFPB to protect applicant and borrower privacy). The written notice must clearly convey that the financial institution’s HMDA LAR, as modified by the CFPB to protect borrower and applicant privacy, may be obtained on the CFPB’s website at www.consumerfinance.gov/hmda. 12 CFR 1003.5(c). A financial institution’s HMDA LAR is also available at ffiec.cfpb.gov. A financial institution may, but is not required to, use the sample notice to satisfy Regulation C’s modified HMDA LAR requirement. Comment 5(c)-2. A copy of the sample notice is included as Attachment C of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide. A financial institution may, but is not required to, use the same notice for purposes of this disclosure requirement and the disclosure statement requirement discussed in the DISCLOSURE STATEMENT section above. See also Section 6.3.1 of the HMDA Small Entity Compliance Guide, available in Appendix B of this Guide. The notice may be made available in paper or electronic form. Comment 5(c)-1. The notice must be made available in the calendar year following the calendar year for which the financial institution collected data. The notice must be made available for three years. 12 CFR 1003.5(d)(1). For example, for data that it was required to 15 On December 21, 2018, the CFPB issued final policy guidance describing modifications the CFPB intends to apply to the HMDA data, including modifications to protect consumers’ privacy, before the data are made available to the public beginning in 2019. The policy guidance is available www.consumerfinance.gov/policy-compliance/rulemaking/finalrules/regulation-c-home-mortgage-disclosure-act/ 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT! | 40

Summary of
Requirements
Institutional
Coverage
Transactional
Coverage
Compilation of
Reportable Data
Recording,
Reporting, and
Disclosure
 Recording
 Reporting
 Disclosure of Data

Comment 5(e)-1.

collect in 2018 a financial institution must make available a notice that its modified HMDA 2018 LAR is available through calendar year 2021. At its discretion, a financial institution may also provide its HMDA LAR, as modified by the CFPB, and impose a reasonable fee for any costs incurred to reproduce or provide the data. 12 CFR 1003.5(d)(2). Even if it decides to provide the modified HMDA LAR, a financial institution must comply with the notice requirement. POSTED NOTICES A financial institution must post, in the lobby of its home office and each branch office physically located in an MSA or Metropolitan Division (MD), a general notice about the availability of its HMDA data on the CFPB’s website. 12 CFR 1003.5(e). A financial institution may, but is not required to, use the sample notice to satisfy this requirement. A copy of the sample posted notice is available in Appendix K of this Guide and as Attachment C of the HMDA Small Entity Compliance Guide, available in
Appendix B of this Guide. In any case, the notice must clearly convey that the
financial institution’s HMDA data are available on the CFPB’s website at www.consumerfinance.gov/hmda. 16 AGGREGATED DATA The FFIEC will use the annual data submitted pursuant to Regulation C to make available aggregated data for each MSA and MD, showing lending patterns by property location, age of housing stock, and income level, sex, ethnicity, and race. 12 CFR 1003.5(f). 16 HMDA data submitted by financial institutions are also available at ffiec.cfpb.gov. 41 | 2020 EDITION A GUIDE TO HMDA REPORTING: GETTING IT RIGHT!

Appendix
Intro
A: Overview of Data
Requirements Chart
B: HMDA Small Entity
Compliance Guide
C: Instructions on
Collection of Data on
Ethnicity, Race, and Sex
D: Institutional Coverage
Chart
E: Transactional
Coverage Chart
F: Partial Exemptions
Charts
G: Data Fields and Data
Points Chart
H: Regulation C
I: Official Interpretations to Regulation C
J: Federal HMDA
Reporting Agencies
K: HMDA Poster
APPENDIX
The following appendices provide additional HMDA materials that you may find useful, including certain implementation resources provided by the CFPB that are also available at www.consumerfinance.gov/policy-compliance/guidance/hmdaimplementation/. Financial institutions may wish to consult with their Federal supervisory agencies regarding additional compliance resources that the agencies may offer. Agency websites and contact information can be found below in Appendix J.

Intro
A: Overview of Data
Requirements Chart
B: HMDA Small Entity
Compliance Guide
C: Instructions on
Collection of Data on
Ethnicity, Race, and Sex
D: Institutional Coverage
Chart
E: Transactional
Coverage Chart
F: Partial Exemptions
Charts
G: Data Fields and Data
Points Chart
H: Regulation C
I: Official Interpretations to Regulation C
J: Federal HMDA
Reporting Agencies
K: HMDA Poster
Appendix APPENDIX A: Overview of Data Requirements Chart
This following chart developed by the CFPB is intended to be used as a reference tool for data points required to be collected, recorded, and reported under Regulation
C. Relevant regulation and commentary sections are provided for ease of reference.
The chart also incorporates the information found in Section 4.2.2 of the 2020 FIG for ease of reference. Finally, the chart provides when to report “not applicable,” and the code used for reporting “not applicable” from Section 4 of the 2020 FIG for ease of reference. This chart does not provide data fields or enumerations used in preparing the HMDA LAR. For more information on preparing the HMDA LAR, please see ffiec.cfpb.gov.

Effective January 1, 2020
Reportable HMDA Data: A Regulatory and Reporting Overview Reference Chart for HMDA Data Collected in 2020a This chart is intended to be used as a reference tool for data points required to be collected, recorded, and reported under Regulation C, as amended by the HMDA Rules issued on October 15, 2015, on August 24, 2017, and on October 10, 2019.b Relevant regulation and commentary sections are provided for ease of reference. The chart also incorporates the information found in Section
4.2.2 of the 2020 Filing Instructions Guide and provides when to report not applicable or exempt, including the codes used for reporting not applicable or exempt from section 4 of the 2020 Filing
Instructions Guide for ease of reference. This chart does not provide data fields or enumerations used in preparing the HMDA loan/application register (LAR). For more information on preparing the HMDA LAR, please see http://ffiec.cfpb.gov. Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e (1) Legal Entity Identifier (LEI) § 1003.4(a)(1)(i)( A) Identifier issued to the financial institution (FI) by a utility endorsed by the Global LEI Foundation or LEI Regulatory Oversight Committee Enter your financial institution’s LEI. Example: If your institution’s LEI is 10BX939C5543TQA1144M, enter 10BX939C5543TQA1144M. 1 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e (2) Universal Loan Identifier (ULI) or NonUniversal Loan Identifier (NULI) § 1003.4(a)(1)(i), Comments 4(a)(1)(i)-1 through -5, and
appendix C
ULI: Identifier assigned to identify and retrieve a loan or application that contains the FI’s LEI, an internally generated sequence of characters, and a check digit ULI. Assign and report a ULI that:

Begins with the financial institution’s Legal Entity Identifier as defined
in § 1003.4(a)(1)(i)(A).
Follows the Legal Entity Identifier with up to 23 additional characters
to identify the covered loan or application, which:

May be letters, numerals, or a combination of letters and
numerals;
Must be unique within the financial institution; and
NULI: Identifier assigned to identify a loan or application
Must not include any information that could be used to directly
identify the applicant or borrower.

Ends with a two-character check digit that is calculated using the
ISO/IEC 7064, MOD 97-10 as it appears on the International Standard ISO/IEC 7064:2003, which is published by the International Organization for Standardization (ISO). A check digit can be generated by:

Using the check digit tool. Information regarding the check digit
tool will be located at https://ffiec.cfpb.gov/tools/check-digit; or
Applying the procedures provided in appendix C to Regulation
C.
ULI Example:
10BX939c5543TQA1144M999143X99
LEI Loan or
Application
Identifier
Check
Digit
2 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references NULI. If not reporting a ULI per the 2018 HMDA Rule, assign and report a NULI that:

Is composed of up to 22 characters, which may include letters,
numerals, or a combination of letters and numerals.
Is unique within the insured depository institution or insured credit
union.
Does not include any information that could be used to directly
identify the applicant or borrower.
NULI Example:
999143X
(3) Application
Date
§ 1003.4(a)(1)(ii),
Comments
4(a)(1)(ii)-1 through -3
Date the application was received or the date on the application form Enter, in numeral form, the date the application was received or the date shown on the application form by year, month, and day, using YYYYMMDD format. Example: If the application was received on July 21, 2020, enter 20200721. Enter “NA” for purchased covered loans, § 1003.4(a)(1)(ii) (4) Loan Type § 1003.4(a)(2), Comment 4(a)(2)-1 Whether the loan or application is insured by the Federal Housing Administration, guaranteed by the Department of Veterans Affairs, Rural Housing Service, or Farm Service Agency Indicate the type of covered loan or application by entering:

Code 1—Conventional (not insured or guaranteed by FHA, VA,
RHS, or FSA)
Code 2—Federal Housing Administration insured (FHA)
Code 3—Veterans Affairs guaranteed (VA)
Code 4—USDA Rural Housing Service or Farm Service Agency
guaranteed (RHS or FSA)
3 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references (5) Loan Purpose § 1003.4(a)(3), Comments 4(a)(3)-1 through -6 Whether the transaction is for home purchase, home improvement, refinancing, cash-out refinancing, or another purpose Indicate the purpose of the covered loan or application by entering: To report not applicable, enter “Code 5” for purchased covered loans where origination took place prior to January 1, 2018, Comment 4(a)(3)-6.

Code 1—Home purchase
Cod 2e —Home improvement
Code 31—Refinancing
Code 32—Cash-out refinancing
Cod 4e —Other purpose
Code 5—Not applicable
(6) Preapproval § 1003.4(a)(4),
Comments
4(a)(4)-1 and -2
Whether the transaction involved a preapproval request for a home purchase loan under a preapproval program Indicate preapproval for a covered loan or application by entering:
Cod 1e —Preapproval requested
Code 2—Preapproval not requested
(7) Construction
Method
§ 1003.4(a)(5),
Comments
4(a)(5)-1 through
-3
Whether the dwelling is site-built or a manufactured home Indicate the construction method for the dwelling by entering:
Code 1—Site-built
Code 2—Manufactured home
(8) Occupancy
Type
§ 1003.4(a)(6),
Comments
4(a)(6)-1 through
-5
Whether the property will be used as a principal residence, second residence, or investment property Indicate the occupancy type by entering:
Code 1—Principal residence
Code 2—Second residence
Code 3—Investment property
(9) Loan
Amount
§ 1003.4(a)(7), Amount of the loan or the amount applied for Enter, in dollars, the amount of the covered loan, or the amount applied for, as applicable. 4 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references Comments 4(a)(7)-1 through -9 Example: If the loan amount is $110,500, enter 110500 or
110500.00. If the loan amount is $110,500.24, enter 110500.24.
(10) Action
Taken and (11)
Action Taken
Date
§ 1003.4(a)(8),
Comments
4(a)(8)(i)-1 through -14 and
4(a)(8)(ii)-1 through -6
Type and date of action the FI took on the loan, application, or preapproval request ACTION TAKEN. Indicate the action taken on the covered loan or application by entering:

Code 1—Loan originated
Code 2—Application approved but not accepted
Code 3—Application denied
Code 4—Application withdrawn by applicant
Code 5—File closed for incompleteness
Code 6—Purchased loan
Code 7—Preapproval request denied
Code 8—Preapproval request approved but not accepted
ACTION TAKEN DATE. Enter, in numeral form, the date of action taken by year, month, and day, using YYYYMMDD format. Example: If the action taken date is July 21, 2020, enter 20200721. (12) Property Address § 1003.4(a)(9)(i), Comments 4(a)(9)-1 through -5 and 4(a)(9)(i)-1 through -3 Address of the property securing the loan (or proposed to secure a loan) STREET ADDRESS. Enter the street address of the property as one (1) data field. U.S. Postal Service Publication 28, Subsections 231–239, can be used as a guide for formatting the street address to help improve geocoding accuracy. Address components include, as applicable, the following individual items:
Enter “NA” in each of the property address fields for:
Covered loans or applications if the property
address of the property securing the covered loan is not known (e.g., the property did not have a property address at closing, or the property address was not provided to the institution before the application was denied, withdrawn, or closed for incompleteness), Comment 4(a)(9)(i)-3;
Primary Address Number
Predirectional
Street Name
Prefix
Suffix
5 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references

Postdirectional
Secondary Address Identifier, such as apartment
Secondary Address, such as apartment number
CITY. Enter the city of the property as one (1) data field.
STATE. Enter the two letter state code of the property as one (1) data field. ZIP CODE. Enter the ZIP code of the property as one (1) data field. NON-STANDARD ADDRESSING. U.S. Postal Service Publication 28, Subsection 24, 25, and 29, respectively, can be used as guides for formatting non-standard style addressing including rural route, Highway Contract Route, and Puerto Rico addresses to increase the accuracy for geocoding. The following address formats are generally not preferred:
General Delivery addresses, such as General Delivery, Anytown,
CA 90049-9998.
Post Office Box addresses, such as P.O. Box 100 Anytown, CA
90049-9998.
Spelled-out numbers, such as Four Hundred Fifty Six W
Somewhere Ave Apt Two Hundred One.
Covered loans or applications if a site of a
manufactured home has not been identified,
Comment 4(a)(9)-5
STATE ONLY: For transactions for which State reporting is not required under § 1003.4(a)(9)(i), a financial institution may not report not applicable for the Property Address State unless the institution is permitted to report not applicable for State for Property Location. See below for when you may report not applicable for Property Location. Enter “Exempt” in the Street Address, City, and Zip Code fields if, pursuant to the 2018 HMDA Final Rule, your institution is not reporting Property Address. (13), (14), and (15) Property Location § 1003.4(a)(9)(ii), Comments 4(a)(9)-1 through -5, 4(a)(9)(ii)-1, 4(a)(9)(ii)(A)-1, 4(a)(9)(ii)(B)-1 Location of the property securing the loan (or proposed to secure a loan) by state, county, and census tract COUNTY. Enter the five-digit Federal Information Processing Standards (FIPS) numerical code for the county. Do not use commas. Example: Enter 06037 for the FIPS code for Los Angeles County, CA. Enter “NA” for:
Applications only if the state, county, or census
tract in which the property is located is not known before the application is denied, withdrawn, or closed for incompleteness, Comments 6 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e and -2, and 4(a)(9)(ii)(C)-1 and -2 CENSUS TRACT. Enter the 11-digit census tract number as defined by the U.S. Census Bureau. Do not use decimals. Example: Enter 06037264000 for a census tract within Los Angeles County, CA. STATE. Enter the two letter state code of the property as one (1) data field. 4(a)(9)(ii)(A)-1, 4(a)(9)(ii)(B)-2, and 4(a)(9)(ii)(C)- 2.

Covered loans or applications if a site of a
manufactured home has not been identified,
Comment 4(a)(9)-5;
Covered loans or applications if the property is
not located in an Metropolitan Statistical Area (MSA) or Metropolitan Division (MD) in which the institution has a home or branch office and the institution is not required to report data on small business, small farm, and community development lending under regulations that implement the Community Reinvestment Act of 1977, § 1003.4(a)(9)(ii) and § 1003.4(e)
CENSUS TRACT ONLY: Covered loans or
applications if the property is located in a county with a population of 30,000 or less according to the most recent decennial census conducted by the U.S. Census Bureau, § 1003.4(a)(9)(ii)(C) NOTE: For transactions for which State, county, or census tract reporting is not required under § 1003.4(a)(9)(ii) or § 1003.4(e), financial institutions may report that the requirement is not applicable, or they may voluntarily report the State, county, or census tract information, Comment 4(a)(9)(ii)-1 7 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references STATE ONLY: For transactions for which State reporting is not required under § 1003.4(a)(9)(ii), a financial institution may not report not applicable for the Property Location State unless the institution is permitted to report not applicable for Property Address. See above for when you may report not applicable for Property Address. (16) Ethnicity, § 1003.4(a)(10)(i ), Comments 4(a)(10)(i)-1 and -2 and appendix B Applicant’s or borrower’s ethnicity, race, and sex, and if information was collected by visual observation or surname ETHNICITY OF APPLICANT OR BORROWER. Indicate the ethnicity of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable, by entering up to five (5):

Code 1—Hispanic or Latino
Code 11—Mexican
Code 12—Puerto Rican
Code 13—Cuban
Code 14—Other Hispanic or Latino
NOTE: If the applicant or borrower, or any co-applicant or coborrower, did not select Code 14, but provided an other Hispanic or Latino ethnicity(ies) in the Ethnicity Free Form Text Field for Other Hispanic or Latino, your institution is permitted, but not required, to report Code 14 in one of the Ethnicity of Applicant or Borrower data fields. This will be counted as one of the five (5) reported ethnicities, whether or not you also choose to report Code 14 as one of the Ethnicity of Applicant or Borrower, or Ethnicity of Co-Applicant or Co-Borrower, data fields. See below for information about the Ethnicity Free Form Text Field for Other Hispanic or Latino.
Code 2—Not Hispanic or Latino
To report not applicable, enter “Code 4” for
Ethnicity of Applicant or Borrower and “Code 3” for Ethnicity Collected on the Basis of Visual Observation or Surname for:
Purchased covered loans for which the financial
institution chooses not to report the applicant’s or co-applicant’s ethnicity, race, and sex, appendix B;
Covered loans or applications when applicant or
co-applicant is not a natural person, appendix B NOTE: Use Code 3 for Ethnicity Collected on the Basis of Visual Observation or Surname if the financial institution received the application prior to January 1, 2018, and the financial institution chooses not to report whether the ethnicity of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable, was collected on the basis of visual observation or surname, Comment 4(a)(10)(i)-2 8 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references

Code 3—Information not provided by applicant in mail, internet, or
telephone application
NOTE: Use Code 3 if the applicant or borrower, or co-applicant or co-borrower does not provide the information in an application taken by mail, internet, or telephone. Leave the remaining Ethnicity of Applicant or Borrower data fields blank.
Code 4—Not applicable
NOTE: Use Code 4 if the requirement to report the applicant’s or borrower’s ethnicity does not apply to the covered loan or application that your institution is reporting. Leave the remaining Ethnicity of Applicant or Borrower data fields blank.
Code 5—No co-applicant
NOTE: Use Code 5 in the co-applicant field if there are no coapplicants or co-borrowers. Leave the remaining Ethnicity of Applicant or Borrower data fields blank. If there is more than one co-applicant or co-borrower, provide the required information only for the first co-applicant or co-borrower listed on the collection form. Do not enter the same code more than once for the applicant or borrower, or any co-applicant or co-borrower, as applicable, for any covered loan or application. If fewer than five (5) ethnicities are provided by the applicant or borrower, or by any co-applicant or co-borrower, leave the remaining Ethnicity of Applicant or Borrower data fields blank. 9 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references ETHNICITY FREE FORM TEXT FIELD. Enter the specific other Hispanic or Latino ethnicity(ies) not listed above, if provided by the applicant or borrower, or by any co-applicant or co-borrower, as applicable. For example, enter Argentinean, Colombian, Dominican, Nicaraguan, Salvadoran, or Spaniard, and so on, if provided by the applicant or borrower, or by any co-applicant or co-borrower, as applicable. Enter more than one other Hispanic or Latino ethnicity, if provided by the applicant or borrower, or by any co-applicant or coborrower, as applicable. The maximum number of characters for this field is 100 characters, including spaces. If the applicant or borrower, or any co-applicant or co-borrower, did not provide an other Hispanic or Latino ethnicity(ies), leave this field blank. ETHNICITY COLLECTED ON THE BASIS OF VISUAL OBSERVATION OR SURNAME. Indicate whether the ethnicity of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable, was collected on the basis of visual observation or surname by entering:

Code 1—Collected on the basis of visual observation or surname
Code 2—Not collected on the basis of visual observation or
surname
Code 3—Not applicable
NOTE: Use Code 3 if the requirement to report the applicant’s or borrower’s ethnicity does not apply to the covered loan or application that your institution is reporting.
Code 4—No co-applicant
NOTE: Use Code 4 in the co-applicant field if there are no coapplicants or co-borrowers 10 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references If there is more than one co-applicant or co-borrower, provide the required information only for the first co-applicant or co-borrower listed on the collection form. (17) Race § 1003.4(a)(10)(i ), Comments 4(a)(10)(i)-1 and -2 and appendix B Applicant’s or borrower’s ethnicity, race, and sex, and if information was collected by visual observation or surname RACE OF APPLICANT OR BORROWER. Indicate the race of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable, by entering up to five (5):

Code 1—American Indian or Alaska Native
NOTE: If the applicant or borrower, or any co-applicant or coborrower, did not select Code 1, but provided the name of the applicant’s or borrower’s American Indian or Alaska Native Enrolled or Principal Tribe(s) in the Race Free Form Text Field for American Indian or Alaska Native Enrolled or Principal Tribe, your institution is permitted, but not required, to report Code 1 in one of the Race of Applicant or Borrower data fields. Each reported race will be counted as one of the five (5) reported races, whether or not you also choose to report Code 1 as one of the Race of Applicant or Borrower, or Race of CoApplicant or Co-Borrower, data fields. See below for information about the Race Free Form Text Field for American Indian or Alaska Native Enrolled or Principal Tribe.
Code 2—Asian
o
Code 21—Asian Indian
Code 22—Chinese
Code 23—Filipino
Code 24—Japanese
Code 25—Korean
Code 26—Vietnamese
Code 27—Other Asian
To report not applicable, enter “Code 7” for Race of Applicant or Borrower and “Code 3” for Race Collected On The Basis Of Visual Observation Or Surname for:
Purchased covered loans for which the financial
institution chooses not to report the applicant’s or co-applicant’s ethnicity, race, and sex, appendix B;
Covered loans or applications when applicant or
co-applicant is not a natural person, appendix B NOTE: Use Code 3 if the financial institution received the application prior to January 1, 2018, and the financial institution chooses not to report whether the race of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable, was collected on the basis of visual observation or surname. 11 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references NOTE: If the applicant or borrower, or any co-applicant or co-borrower, did not select Code 27, but provided the name of the applicant’s or borrower’s other Asian race(s) in the Race Free Form Text Field for Other Asian, your institution is permitted, but not required, to report Code 27 in one of the Race of Applicant or Borrower data fields. Each reported race will be counted as one of the five (5) reported races, whether or not you also choose to report Code 27 as one of the Race of Applicant or Borrower, or Race of Co-Applicant or Co-Borrower, data fields. See below for information about the Race Free Form Text Field for Other Asian.

Code 3—Black or African American
Code 4—Native Hawaiian or Other Pacific Islander
o
Code 41—Native Hawaiian
Code 42—Guamanian or Chamorro
Code 43—Samoan
Code 44—Other Pacific Islander
NOTE: If the applicant or borrower, or any co-applicant or co-borrower, did not select Code 44, but provided the name of the applicant’s or borrower’s other Pacific Islander race(s) in the Race Free Form Text Field for Other Pacific Islander, your institution is permitted, but not required, to report Code 44 in one of the Race of Applicant or Borrower data fields. Each reported race will be counted as one of the five (5) reported races, whether or not you also choose to report Code 44 as one of the Race of Applicant or Borrower, or Race of Co-Applicant or Co12 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references Borrower, data fields. See below for information about the Race Free Form Text Field for Other Pacific Islander.

Code 5—White
Code 6—Information not provided by applicant in mail, internet, or
telephone application
NOTE: Use Code 6 if the applicant or borrower, or co-applicant or co-borrower does not provide the information in an application taken by mail, internet, or telephone. Leave the remaining Race of Applicant or Borrower data fields blank.
Code 7—Not applicable
NOTE: Use Code 7 if the requirement to report the applicant’s or borrower’s race does not apply to the covered loan or application that your institution is reporting. Leave the remaining Race of Applicant or Borrower data fields blank.
Code 8—No co-applicant
NOTE: Use Code 8 in the co-applicant field if there are no coapplicants or co-borrowers. Leave the remaining Race of Applicant or Borrower data fields blank. Do not enter the same code more than once for the applicant or borrower, or any co-applicant or co-borrower, as applicable, for any covered loan or application. If fewer than five (5) races are provided by the applicant or borrower, or by any co-applicant or co-borrower, leave the remaining Race of Applicant or Borrower data fields blank. RACE FREE FORM TEXT FIELDS. 13 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e •

RACE FREE FORM TEXT FIELD FOR AMERICAN INDIAN OR
ALASKAN NATIVE ENROLLED OR PRINCIPAL TRIBE. E nter the name of the applicant’s or borrower’s American Indian or Alaska Native enrolled or Principal Tribe(s), if provided by the applicant or borrower, or by any co-applicant or co-borrower, as applicable in the Race Free Form Text Field for American Indian or Alaskan Native Enrolled or Principal Tribe. For example, enter Navajo if provided by the applicant or borrower, or by any co-applicant or co-borrower, as applicable. Enter more than one American Indian or Alaska Native Enrolled or Principal Tribe, if provided by the applicant or borrower, or by any coapplicant or co-borrower, as applicable. The maximum number of characters for this field is 100 characters, including spaces. If the applicant or borrower, or any co-applicant or co-borrower did not provide an American Indian or Alaska Native Enrolled or Principal Tribe(s), leave the Race Free Form Text Field for American Indian or Alaska Native Enrolled or Principal Tribe field blank. RACE FREE FORM TEXT FIELD FOR OTHER ASIAN. Enter the specific other Asian race(s) not listed above, if provided by the applicant or borrower, or by any co-applicant or co-borrower, as applicable in the Race Free Form Text Field for Other Asian. For example, enter Hmong, Laotian, Thai, Pakistani, or Cambodian, and so on, if provided by the applicant or borrower, or by any co-applicant or co-borrower, as applicable. Enter more than one other Asian race, if provided by the applicant or borrower, or by any co-applicant or co-borrower, as applicable. The maximum number of characters for this field is 100 characters, including spaces. If the applicant or borrower, or any co-applicant 14 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references or co-borrower, did not provide another Asian race(s), leave the Race Free Form Text Field for Other Asian field blank.

RACE FREE FORM TEXT FIELD FOR OTHER PACIFIC
ISLANDER. Enter the specific Other Pacific Islander race(s) not listed above, if provided by the applicant or borrower, or by any coapplicant or co-borrower, as applicable in the Race Free Form Text Field for Other Pacific Islander. For example, enter Fijian, or Tongan, and so on, if provided by the applicant or borrower, or by any co-applicant or co-borrower, as applicable. Enter more than one Other Pacific Islander race, if provided by the applicant or borrower, or by any co-applicant or co-borrower, as applicable. The maximum number of characters for this field is 100 characters, including spaces. If the applicant or borrower, or any co-applicant or co-borrower, did not provide an Other Pacific Islander race(s), leave the Race Free Form Text Field for Other Pacific Islander field blank. RACE COLLECTED ON THE BASIS OF VISUAL OBSERVATION OR SURNAME. Indicate whether the race of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable, was collected on the basis of visual observation or surname by entering:
Code 1—Collected on the basis of visual observation or surname
Code 2—Not collected on the basis of visual observation or
surname
Code 3—Not applicable
NOTE: Use Code 3 if the requirement to report the applicant’s or borrower’s race does not apply to the covered loan or application that your institution is reporting.
Code 4—No co-applicant
15 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references NOTE: Use Code 4 in the co-applicant field if there are no coapplicants or co-borrowers. If there is more than one co-applicant or co-borrower, provide the required information only for the first co-applicant or co-borrower listed on the collection form. (18) Sex § 1003.4(a)(10)(i) , Comments 4(a)(10)(i)-1 and - 2 and appendix B Applicant’s or borrower’s ethnicity, race, and sex, and if information was collected by visual observation or surname SEX OF APPLICANT OR BORROWER. Indicate the sex of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable, by entering:

Code 1—Male
Code 2—Female
Code 3—Information not provided by applicant in mail, internet, or
telephone application
NOTE: Use Code 3 if the applicant or co-applicant does not provide the information in an application taken by mail, internet, or telephone.
Code 4—Not applicable
NOTE: Use Code 4 if the requirement to report the applicant’s or borrower’s sex does not apply to the covered loan or application that your institution is reporting.
Code 5—No co-applicant
NOTE: Use Code 5 in the co-applicant field if there are no coapplicants or co-borrowers.
Code 6—Applicant selected both male and female
NOTE: Use Code 6 if the applicant or co-applicant selected both male and female. To report not applicable, enter “Code 4” for Sex of Applicant or Borrower and “Code 3” for Sex Collected on the Basis of Visual Observation or Surname for:
Purchased covered loans for which the financial
institution chooses not to report the applicant’s or co-applicant’s ethnicity, race, and sex, appendix B;
Covered loans or applications when applicant or
co-applicant is not a natural person, appendix B NOTE: Use Code 3 if the financial institution received the application prior to January 1, 2018, and the financial institution chooses not to report whether the sex of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable, was collected on the basis of visual observation or surname. 16 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references If there is more than one co-applicant or co-borrower, provide the required information only for the first co-applicant or co-borrower listed on the collection form. SEX COLLECTED ON THE BASIS OF VISUAL OBSERVATION OR SURNAME. Indicate whether the sex of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable, was collected on the basis of visual observation or surname by entering:

Code 1—Collected on the basis of visual observation or surname
Code 2—Not collected on the basis of visual observation or
surname
Code 3—Not applicable
NOTE: Use Code 3 if the requirement to report the applicant’s or borrower’s sex does not apply to the covered loan or application that your institution is reporting.
Code 4—No co-applicant
NOTE: Use Code 4 in the co-applicant field if there are no coapplicants or co-borrowers. If there is more than one co-applicant or co-borrower, provide the required information only for the first co-applicant or co-borrower listed on the collection form. (19) Age § 1003.4(a)(10)(ii ), Comments 4(a)(10)(ii)-1 through -5 Applicant’s or borrower’s age Enter, in numeral form, the age, in years, of the applicant or borrower, or of the first co-applicant or co-borrower, as applicable. Age is calculated, as of the application date, as the number of whole years derived from the date of birth shown on the application form. To report not applicable, enter “Code 8888” for:
Purchased covered loans for which the financial
institution chooses not to report the applicant’s or co-applicant’s age, Comment 4(a)(10)(ii)-3; Example: If the applicant or borrower is 24 years old, enter 24. 17 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references

Covered loans or applications when applicant or
co-applicant is not a natural person, Comment
4(a)(10)(ii)-4
Or, enter:
Code 8888—Not applicable
Code 9999—No co-applicant
NOTE: Use Code 9999 in the co-applicant field if there are no co-applicants or co-borrowers. If there is more than one co-applicant or co-borrower, provide the required information only for the first co-applicant or co-borrower listed on the collection form. (20) Income § 1003.4(a)(10)(iii ), Comments 4(a)(10)(iii)-1 through -10 If credit decision is made, gross annual income relied on in making the credit decision; Or, if a credit decision was not made, the gross annual income relied on in processing the application Enter, in dollars, the gross annual income relied on in making the credit decision, or if a credit decision was not made, the gross annual income relied on in processing the application. Round all dollar amounts to the nearest thousand (round $500 up to the next $1,000). Example: If the income amount is $35,500, enter 36. Enter “NA” for:
Covered loans or applications for which the credit
decision did not consider, or would not have considered income, § 1003.4(a)(10)(iii); Comment 4(a)(10)(iii)-6;
Covered loans or applications when applicant or
co-applicant is not a natural person, Comment
4(a)(10)(iii)-7;
Covered loan is secured by, or application is
proposed to be secured by, a multifamily dwelling, Comment 4(a)(10)(iii)-8;
Purchased covered loans for which the financial
institution chooses not to report the income,
Comment 4(a)(10)(iii)-9;
Covered loan to, or an application from, the
institution’s employees to protect their privacy, even if the institution relied on their income in 18 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references making the credit decision, Comment 4(a)(10)(iii)- 3 (21) Type of Purchaser § 1003.4(a)(11), Comments 4(a)(11)-1 through -10 Type of entity that purchased the loan Indicate the type of entity purchasing a covered loan from your institution within the same calendar year that your institution originated or purchased the loan by entering:

Code 0—Not applicable
Code 1—Fannie Mae
Code 2—Ginnie Mae
Code 3—Freddie Mac
Code 4—Farmer Mac
Code 5—Private securitizer
Code 6—Commercial bank, savings bank, or savings association
Code 71—Credit union, mortgage company, or finance company
Code 72—Life insurance company
Code 8—Affiliate institution
Code 9—Other type of purchaser
To report not applicable, enter “Code 0” for:
Applications that were denied, withdrawn, closed
for incompleteness, or approved but not accepted by the applicant, Comment 4(a)(11)-10;
Preapproval requests that were denied or
approved but not accepted by the applicant,
Comment 4(a)(11)-10;
Originated or purchased covered loans that the
financial institution did not sell during that same calendar year, Comment 4(a)(11)-10 (22) Rate Spread § 1003.4(a)(12), Comments 4(a)(12)-1 through -9 Difference between the annual percentage rate and average prime offer rate for a comparable transaction Enter, as a percentage, to at least three (3) decimal places, the difference between the covered loan’s annual percentage rate (APR) and the average prime offer rate (APOR) for a comparable transaction as of the date the interest rate is set. Numbers calculated to beyond three (3) decimal places may either be reported beyond three (3) decimal places (up to fifteen (15) decimal places), or rounded or truncated to three (3) decimal places. Decimal place trailing zeros may either be included or omitted.
If the APR exceeds the APOR, enter a positive number.
Enter “NA” for:
Covered loans that are assumptions, reverse
mortgages, purchased loans, or are not subject to Regulation Z, § 1003.4(a)(12)(i); Comment 4(a)(12)-7;
Applications that did not result in an origination
other than approved but not accepted, Comment
4(a)(12)-7
Applications approved but not accepted, if no
disclosures under Regulation Z are required,
Comment 4(a)(12)-8
19 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e Example: If the APR is 3.678% and the APOR is 3.25%, enter
0.428. If the APR is 4.560% and the APOR is 4.25%, enter either
0.31 or 0.310.

If the APR is less than the APOR, enter a negative number.
Example: If the APR 3.1235% and the APOR is 3.25%, enter -0.1265. Alternatively, the rate spread may be truncated to -0.126 or rounded to -0.127. Enter “Exempt” if, pursuant to the 2018 HMDA Final Rule, your institution is not reporting Rate Spread. (23) HOEPA Status § 1003.4(a)(13), Comment 4(a)(13)-1 Whether the loan is a high-cost mortgage under the Home Ownership and Equity Protection Act (HOEPA) Indicate whether the covered loan is a high-cost mortgage under Regulation Z, § 1026.32(a) by entering:
To report not applicable, enter “Code 3” for:
Covered loans not subject to the Home
Ownership and Equity Protection Act (HOEPA) of 1994, as implemented in Regulation Z, § 1026.32(a), § 1003.4(a)(13); Comment 4(a)(13)-1
Code 1—High-cost mortgage
Code 2—Not a high-cost mortgage
Code 3—Not applicable
Applications that did not result in originations,
Comment 4(a)(13)-1
(24) Lien Status § 1003.4(a)(14),
Comments
4(a)(14)-1 and -2
Whether the property is a first or subordinate lien Indicate the lien status of the property securing the covered loan, or in the case of an application, proposed to secure the covered loan, by entering:
Code 1—Secured by a first lien
Code 2—Secured by a subordinate lien
(25) Credit
Score
§ 1003.4(a)(15),
Comments
4(a)(15)-1 through -7
Credit score(s) relied on and the name and version of the credit scoring model CREDIT SCORE OF APPLICANT OR BORROWER. Enter, in numeral form, the credit score, or scores relied on in making the credit decision for the applicant or borrower, or of the first co-applicant or co-borrower, as applicable. If Regulation C requires your institution to report a single score that corresponds to multiple applicants or borrowers, report the score in either the applicant field or the co-applicant field. To report not applicable, enter “Code 8888” for Credit Score of Applicant or Borrower or “Code 9” for Name and Version of Credit Scoring Model for:
Purchased covered loans, § 1003.4(a)(15)(i);
Comment 4(a)(15)-6;
20 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references Or, enter

Code 1111—Exempt
Code 7777—Credit score is not a number
NOTE: Use Code 7777 if your institution relied on a credit score that is not a number (e.g., a credit score of “Meets Threshold”). Code 7777 should not be used if a credit scoring model that produces numeric credit scores returns a result stating that the credit score could not be determined.
Code 8888—Not applicable
Code 9999—No co-applicant
NOTE: Use Code 9999 in the co-applicant field if there are no co-applicants or co-borrowers. NOTE: If Regulation C requires your institution to report a single score that corresponds to multiple applicants or borrowers, either report the credit score in the applicant field, and use Code 8888 in the coapplicant field; or report the credit score in the co-applicant field and use Code 8888 in the applicant field. NAME AND VERSION OF CREDIT SCORING MODEL. Indicate the name and version of the credit scoring model used to generate the credit score, or scores, relied on in making the credit decision by entering:
Code 1111—Exempt
Code 1—Equifax Beacon 5.0
NOTE: Use Code 1 for Equifax Beacon 5.0, which may also be known as FICO Score 5.
Code 2—Experian Fair Isaac Risk Model v2
Transactions for which no credit decision was
made (e.g., files closed for incompleteness, or if an application was withdrawn before a credit decision was made), Comment 4(a)(15)-4;
Transactions for which the credit decision was
made without relying on a credit score, Comment 4(a)(15)-5;
Covered loans or applications when applicant and
co-applicant are not natural persons, Comment
4(a)(15)-7
Enter “Code 1111” for Credit Score and Name and Version of Credit Scoring Model if, pursuant to the 2018 HMDA Rule, your institution is not reporting Credit Score. 21 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references NOTE: Use Code 2 for Experian Fair/Isaac Risk Model v2, which may also be known as FICO Score 2 or FICO Classic v2.

Code 3—TransUnion FICO Risk Score Classic 04
NOTE: Use Code 3 for TransUnion FICO Risk Score Classic 04, which may also be known as FICO Score 4 or TU-04.
Code 4—TransUnion FICO Risk Score Classic 98
NOTE: Use Code 4 for TransUnion FICO Risk Score Classic 98, which may also be known as FICO 98 or TU-98.
Code 5—VantageScore 2.0
Code 6—VantageScore 3.0
Code 7—More than one credit scoring model
Code 8—Other credit scoring model
NOTE: If Code 8 is selected in the Name and Version of Credit Scoring Model Field, enter the specific other credit scoring model that is not listed above in the Name and Version of Credit Scoring Model Conditional Free Form Text Field for Code 8. If Code 8 is not entered, leave this field blank.
Code 9—Not applicable
Code 10—No co-applicant
NOTE: Use Code 10 in the co-applicant field if there are no coapplicants or co-borrowers. NOTE: If Regulation C requires your institution to report a single score for a covered loan or application involving multiple applicants or borrowers, report either (A) the name and version of the credit scoring model, or that multiple credit scoring models were used, in the applicant field, and use Code 9 in the co-applicant field; or (B) the name and version of the credit scoring model, or that multiple credit 22 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e scoring models were used, in the co-applicant field, and use Code 9 in the applicant field. (26) Reason for Denial § 1003.4(a)(16), Comments 4(a)(16)-1 through -4 Reason(s) the application was denied Indicate the principal reason, or reasons, for denial by entering up to four (4):
To report not applicable, enter “Code 10” for applications that were not denied (e.g., loan is originated or purchased by the financial institution), Comment 4(a)(16)-4 Enter “Code 1111” if, pursuant to the 2018 HMDA Rule, your institution is not reporting the Reasons for Denial. Leave the remaining Reason for Denial data fields blank.

Code 1111—Exempt
Code 1—Debt-to-income ratio
Code 2—Employment history
Code 3—Credit history
Code 4—Collateral
Code 5—Insufficient cash (downpayment, closing costs)
Code 6—Unverifiable information
Code 7—Credit application incomplete
Code 8—Mortgage insurance denied
Code 9—Other
NOTE: If Code 9 is selected in any Reason for Denial field, enter the specific other reason(s) for denial not listed above in the Reason for Denial Conditional Free Form Text Field for Code

See below for more information on the Reason for Denial
Conditional Free Form Text Field for Code 9.

Code 10—Not applicable
NOTE: Use Code 10 if the requirement to report reasons for denial does not apply to the covered loan or application that your institution is reporting. Leave the remaining Reason for Denial data fields blank. Do not enter the same code more than once for any covered loan or application. 23 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references If there are fewer than four principal (4) reasons for denial, leave the remaining Reason for Denial data fields blank. MODEL FORM. If your institution uses the model form contained in
appendix C to Regulation B, 12 CFR part 1002 (Form C–1, Sample
Notice of Action Taken and Statement of Reasons), use the following:

Code 1—Income insufficient for amount of credit requested, and
Excessive obligations in relation to income
Code 2—Temporary or irregular employment, and Length of
employment
Code 3—Insufficient number of credit references provided;
Unacceptable type of credit references provided; No credit file; Limited credit experience; Poor credit performance with us; Delinquent past or present credit obligations with others; Number of recent inquiries on credit bureau report; Garnishment, attachment, foreclosure, repossession, collection action, or judgment; and Bankruptcy
Code 4—Value or type of collateral not sufficient
Code 6—Unable to verify credit references; Unable to verify
employment; Unable to verify income; and Unable to verify residence
Code 7—Credit application incomplete
Code 9—Length of residence; Temporary residence; and Other
reasons specified on the adverse action notice.
REASON FOR DENIAL CONDITIONAL FREE FORM TEXT FIELD FOR CODE 9. The maximum number of characters for this field is 255 24 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e characters, including spaces. If Code 9 is not entered, leave this field blank. (27) Total Loan Costs or Total Points and Fees § 1003.4(a)(17), Comments 4(a)(17)(i)-1 through -3 and 4(a)(17)(ii)-1 through -2 Either total loan costs, or total points and fees charged Enter either Total Loan Costs or Total Points and Fees:

TOTAL LOAN COSTS. Enter, in dollars, the amount of total loan
costs. If the amount is zero, enter 0.
TOTAL POINTS AND FEES. Enter, in dollars, the total points and
fees charged in connection with the covered loan. If the amount is zero, enter 0. Example: If the total loan costs or the total points and fees are $2,399.04, enter 2399.04. Enter “NA” for:
TOTAL LOAN COSTS.
Applications, Comment 4(a)(17)(i)-1;
Covered loans that are not subject to Regulation
Z, § 1026.43(c), § 1003.4(a)(17);
Covered loans subject to Regulation Z,
§ 1026.43(c) for which a disclosure is not provided pursuant to § 1026.19(f), § 1003.4(a)(17)
Purchased covered loans for which applications
were received by the selling entity prior to the effective date of Regulation Z, § 1026.19(f), Comment 4(a)(17)(i)-2 TOTAL POINTS AND FEES.
Applications, Comment 4(a)(17)(ii)-1;
Covered loans that are not subject to Regulation
Z, § 1026.43(c), Comment 4(a)(17)(ii)-1;
Covered loans subject to Regulation Z,
§ 1026.43(c) for which a disclosure is provided pursuant to Regulation Z, § 1026.19(f), § 1003.4(a)(17)(ii);
Purchased covered loans, Comment 4(a)(17)(ii)-1
25 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Total Loan Costs or Total Points and Fees. (28) Origination Charges § 1003.4(a)(18), Comments 4(a)(18)-1 through -3 Total borrower-paid origination charges Enter, in dollars, the total of all itemized amounts that are designated borrower-paid at or before closing. If the total is zero, enter 0. Example: If the origination charges are $2,399.04, enter 2399.04. Enter “NA” for:

Applications, Comment 4(a)(18)-1;
Covered loans not subject to Regulation Z,
§ 1026.19(f), § 1003.4(a)(18); Comment 4(a)(18)- 1;
Purchased covered loans with applications that
were received by the selling entity prior to the effective date of Regulation Z, § 1026.19(f), Comment 4(a)(18)-2 Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Origination Charges. (29) Discount Points § 1003.4(a)(19), Comments 4(a)(19)-1 through -3 Points paid to the creditor to reduce the interest rate Enter, in dollars, the points paid to the creditor to reduce the interest rate. If no points were paid, leave this field blank. Example: If the amount paid for discount points is $2,399.04, enter 2399.04. Enter “NA” for:
Applications, Comment 4(a)(19)-1;
Covered loans not subject to Regulation Z,
§ 1026.19(f), § 1003.4(a)(19); Comment 4(a)(19)- 1;
Purchased covered loans with applications that
were received by the selling entity prior to the effective date of Regulation Z, § 1026.19(f), Comment 4(a)(19)-2 26 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Discount Points. (30) Lender Credits § 1003.4(a)(20), Comments 4(a)(20)-1 through -3 Amount of lender credits Enter, in dollars, the amount of lender credits. If no lender credits were provided, leave this field blank. Example: If the amount is $1500.24, enter 1500.24. Enter “NA” for:

Applications, Comment 4(a)(20)-1;
Covered loans not subject to Regulation Z,
§ 1026.19(f), § 1003.4(a)(20); Comment 4(a)(20)- 1;
Purchased covered loans with applications that
were received by the selling entity prior to the effective date of Regulation Z, § 1026.19(f), Comment 4(a)(20)-2 Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Lender Credits. (31) Interest Rate § 1003.4(a)(21), Comments 4(a)(21)-1 through -3 Interest rate on the approved application or loan Enter, as a percentage, to at least three (3) decimal places, the interest rate. Numbers calculated to beyond three (3) decimal places may either be reported beyond three (3) decimal places or rounded or truncated to three (3) decimal places. Decimal place trailing zeros may be either included or omitted. Example: If the interest rate is 4.125%, enter 4.125. Enter “NA” for applications that have been denied, withdrawn, or closed for incompleteness, Comment 4(a)(21)-2 Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Interest Rate. If the interest rate is exactly 4.500%, enter 4.5, 4.50, or 4.500. 27 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references (32) Prepayment Penalty Term § 1003.4(a)(22), Comments 4(a)(22)-1 through -2 Term in months of any prepayment penalty Enter, in numeral form, the term, in months, of any prepayment penalty. Example: If a prepayment penalty may be imposed within the first 24 months after closing or account opening, enter 24. Enter “NA” for:

Covered loans or applications that are not subject
to Regulation Z, § 1026, § 1003.4(a)(22);
Comment 4(a)(22)-1;
Covered loans or applications that have no
prepayment penalty, Comment 4(a)(22)-2
Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Prepayment Penalty Term. (33) Debt-toIncome Ratio § 1003.4(a)(23), Comments 4(a)(23)-1 through -7 Ratio of the applicant’s or borrower’s total monthly debt to total monthly income relied on Enter, as a percentage, the ratio of the applicant’s or borrower’s total monthly debt to the total monthly income relied on in making the credit decision. Use decimal places only if the ratio relied upon uses decimal places. The HMDA Platform can accept up to fifteen (15) decimal places and can accept negative numbers for Debt-to-Income Ratio. Example: If the relied upon debt-to-income ratio is 42.95, enter 42.95, not 43. If, however, your institution rounded the ratio up to 43% and relied on the rounded-up number, enter 43. Enter “NA” for:
Purchased covered loans, § 1003.4(a)(23);
Comment 4(a)(23)-7;
Transactions for which no credit decision was made (e.g., files closed for incompleteness, or if an application was withdrawn before a credit decision was made), Comment 4(a)(23)-3; Transactions for which the credit decision was made without relying on debt-to-income ratio, Comment 4(a)(23)-4; Covered loans or applications when applicant and co-applicant are not natural persons, Comment 4(a)(23)-5; Covered loan secured by, or an application proposed to be secured by, a multifamily dwelling, Comment 4(a)(23)-6 • • •
28 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
§ 1003.4(a)(25),
Comments
4(a)(25)-1 through -5
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Debt-to-Income-Ratio. (34) Combined Loan-to-Value Ratio § 1003.4(a)(24), Comments 4(a)(24)-1 through -6 Ratio of the total amount of debt that is secured by the property to the value of the property that was relied on Enter, as a percentage, the ratio of the total amount of debt secured by the property to the value of the property relied on in making the credit decision. Use decimal places only if the ratio relied upon uses decimal places. The HMDA Platform can accept up to fifteen (15) decimal places for the Combined Loan-to-Value Ratio. Example: If the relied upon combined loan-to-value ratio is 80.05, enter 80.05, not 80. If, however, your institution rounded the ratio down to 80 and relied on the rounded-down number, enter 80. Enter “NA” for:

Purchased covered loans, § 1003.4(a)(24);
Comment 4(a)(24)-5;
Transactions for which no credit decision was
made (e.g., files closed for incompleteness, or if an application was withdrawn before a credit decision was made), Comment 4(a)(24)-3;
Transactions for which the credit decision was
made without relying on combined loan-to-value ratio, Comment 4(a)(24)-4 Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Combined Loan-toValue Ratio. (35) Loan Term Number of months after which the legal obligation will mature or terminate Enter, in numeral form, the number of months after which the legal obligation will mature or terminate, or would have matured or terminated. Example: If the loan term is 360 months, enter 360. (36) Introductory Rate Period § 1003.4(a)(26), Comments 4(a)(26)-1 through -5 Number of months until the first date the interest rate may change Enter, in numeral form, the number of months, or proposed number of months in the case of an application, until the first date the interest rate may change after closing or account opening. Example: If the introductory rate period is 24 months, enter 24.
Enter “NA” for covered loan or application without a
definite term, such as a reverse mortgage, Comment 4(a)(25)-5 Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Loan Term. Enter “NA” for:
Covered loan or application with a fixed rate, Comment 4(a)(26)-3; 29 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references

Purchased covered loan with a fixed rate,
Comment 4(a)(26)-4
Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Introductory Rate Period. (37) NonAmortizing Features § 1003.4(a)(27), Comment 4(a)(27)-1 Whether the transaction involves a balloon payment, interest-only payments, negative amortization, or any other type of non-amortizing feature BALLOON PAYMENT. Indicate whether the contractual terms include, or would have included, a balloon payment by entering:
Code 1111—Exempt
Code 1—Balloon payment
Code 2—No balloon payment
INTEREST-ONLY PAYMENTS. Indicate whether the contractual terms include, or would have included, interest-only payments by entering:
Code 1111—Exempt
Code 1—Interest-only payments
Code 2—No interest-only payments
NEGATIVE AMORTIZATION. Indicate whether the contractual terms include, or would have included, a term that would cause the covered loan to be a negative amortization loan by entering:
Code 1111—Exempt
Code 1—Negative amortization
Code 2—No negative amortization
OTHER NON-AMORTIZING FEATURES. Indicate whether the contractual terms include, or would have included, any term, other than those described in § 1003.4(a)(27)(i), (ii), and (iii) that would allow for payments other than fully amortizing payments during the loan term by entering:
Code 1111—Exempt
Enter “Code 1111” for Balloon Payment, InterestOnly Payments, Negative Amortization, and Other Non-Amortizing Features if, pursuant to the 2018 HMDA Rule, your institution is not reporting NonAmortizing Features. 30 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e

Code 1—Other non-fully amortizing features
Code 2—No other non-fully amortizing features
(38) Property
Value
§ 1003.4(a)(28),
Comments
4(a)(28)-1 through -4
Value of the property relied on that secures the loan Enter, in dollars, the value of the property securing the covered loan or, in the case of an application, proposed to secure the covered loan, relied on in making the credit decision. Example: If the property value is $350,500, enter 350500. Enter “NA” for:
Transactions for which no credit decision was
made (e.g., files closed for incompleteness, or if an application was withdrawn before a credit decision was made), Comment 4(a)(28)-3;
Transactions for which the credit decision was
made without relying on property value, Comment 4(a)(28)-4 Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Property Value. (39) Manufactured Home Secured Property Type § 1003.4(a)(29), Comments 4(a)(29)-1 through -4 Whether the covered loan is secured by a manufactured home and land or a manufactured home and not land Indicate whether the covered loan or application is, or would have been, secured by a manufactured home and land, or by a manufactured home and not land, by entering:
To report not applicable, enter “Code 3” for:
The dwelling related to the property identified is
not a manufactured home, § 1003.4(a)(29);
Code 1111—Exempt Comment 4(a)(29)-4
Code 1—Manufactured home and land
Code 2—Manufactured home and not land
Code 3—Not applicable
The dwelling related to the property identified is a
manufactured home community that is a multifamily dwelling, Comment 4(a)(29)-2; Comment 4(a)(29)-4 Enter “Code 1111” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Manufactured Home Secured Property Type. (40) Manufactured § 1003.4(a)(30), Information about the applicant’s or Indicate the applicant’s or borrower’s land property interest in the land on which a manufactured home is, or will be, located by entering:
To report not applicable, enter “Code 5” for:
Code 1111—Exempt
31 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references Home Land Property Interest Comments 4(a)(30)-1 through -6 borrower’s ownership or leasehold interest in the land where the manufactured home is located

Code 1—Direct ownership
Code 2—Indirect ownership
Code 3—Paid leasehold
Code 4—Unpaid leasehold
Code 5—Not applicable
The dwelling related to the property identified is
not a manufactured home, § 1003.4(a)(30);
Comment 4(a)(30)-6
The dwelling related to the property identified is a
manufactured home community that is a multifamily dwelling, Comment 4(a)(30)-4; Comment 4(a)(30)-6
A location for the manufactured home related to a
covered loan or application has not been identified, § 1003.4(a)(30); Comment 4(a)(9)-5 Enter “Code 1111” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Manufactured Home Land Property Interest. (41) Total Units § 1003.4(a)(31), Comments 4(a)(31)-1 through -4 Number of individual dwelling units related to the property Enter, in numeral form, the number of individual dwelling units related to the property securing the covered loan or, in the case of an application, proposed to secure the covered loan. Example: If there are five (5) individual dwelling units, enter 5. (42) Multifamily Affordable Units § 1003.4(a)(32), Comments 4(a)(32)-1 through -6 Number of individual dwelling units related to the property that are income-restricted under federal, state, or local affordable housing programs Enter, in numeral form, the number of individual dwelling units related to any multifamily dwelling property securing the covered loan or, in the case of an application, proposed to secure the covered loan, that are income-restricted pursuant to Federal, State, or local affordable housing programs. Example: If there are five (5) multifamily affordable units, enter 5. Enter “NA” for covered loans or applications where the property securing the covered loan or, in the case of an application, proposed to secure the covered loan is not a multifamily dwelling, § 1003.4(a)(32); Comment 4(a)(32)-6 32 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e NOTE: Enter “0” for a covered loan or application related to a multifamily dwelling that does not contain any such income-restricted individual dwelling units. Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Multifamily Affordable Units. (43) Application Channel (Submission of Application and Initially Payable to Your Institution) § 1003.4(a)(33), Comments 4(a)(33)-1, 4(a)(33)(i)-1, and 4(a)(33)(ii)-1 through -2 Indicators of whether the application was submitted directly to the FI, and whether the obligation was initially payable to the FI SUBMISSION OF APPLICATION. Indicate whether the applicant or borrower submitted the application directly to your institution by entering:

Code 1111—Exempt
Code 1—Submitted directly to your institution
Code 2—Not submitted directly to your institution
Code 3—Not applicable
INITIALLY PAYABLE TO YOUR INSTITUTION. Indicate whether the obligation arising from the covered loan was, or, in the case of an application, would have been, initially payable to your institution by entering:
Code 1111—Exempt
Code 1—Initially payable to your institution
Code 2—Not initially payable to your institution
Code 3—Not applicable
To report not applicable for Submission of
Application, enter “Code 3”
Purchased covered loans, § 1003.4(a)(33);
To report not applicable for Initially Payable to Your Institution, enter “Code 3”
Purchased covered loans, § 1003.4(a)(33);
Applications that were withdrawn, denied, or
closed for incompleteness, if the institution had not determined whether the covered loans would have been initially payable to the institution reporting the applications, Comment 4(a)(33)(ii)-2 Enter “Code 1111” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Submission of Application and Initially Payable to Your Institution. (44) Mortgage Loan Originator NMLSR Identifier § 1003.4(a)(34), Comments 4(a)(34)-1 through -4 National Mortgage Licensing System & Registry (NMLSR) identifier for the mortgage loan originator Enter the Nationwide Mortgage Licensing System and Registry mortgage loan originator unique identifier (NMLSR ID) for the mortgage loan originator. Example: If the NMLSR ID for the mortgage loan originator is 123450, enter 123450. Enter “NA” for:
Covered loans or applications in which the
mortgage loan originator is not required to obtain and has not been assigned an NMLSR identifier, Comment 4(a)(34)-2. Enter “NA” or voluntarily report the NMLSR ID for:
33 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Effective January 1, 2020
Data point Regulation C references Description Filing instructionsc Reporting “Not Applicable”d or “Exempt”e

Purchased covered loans that satisfy the
coverage criteria of Regulation Z, § 1026.36(g) and were originated prior to January 10, 2014, Comment 4(a)(34)-4;
Purchased covered loans that do not satisfy the
coverage criteria of Regulation Z, § 1026.36(g) and were originated prior to January 1, 2018, Comment 4(a)(34)-4. Enter “Exempt” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Mortgage Loan Originator NMLSR Identifier. (45) Automated Underwriting System § 1003.4(a)(35), Comments 4(a)(35)-1 through -7 Name of the automated underwriting system used by the FI to evaluate the application and the result generated by that system AUTOMATED UNDERWRITING SYSTEM. Indicate the automated underwriting system(s) (AUS) used by your institution to evaluate the application by entering up to five (5) of the following:
Code 1111—Exempt
Code 1—Desktop Underwriter (DU)
Code 2—Loan Prospector (LP) or Loan Product Advisor
Code 3—Technology Open to Approved Lenders (TOTAL)
Scorecard
Code 4—Guaranteed Underwriting System (GUS)
Code 5—Other
NOTE: If Code 5 is selected in any Automated Underwriting System field, enter the name of the specific other AUS(s) not listed above in the AUS Conditional Free Form Text Field for Code 5. See below for more information on the AUS Conditional Free Form Text Field for Code 5. To report not applicable, enter “Code 6” for Automated Underwriting System and “Code 17” for Automated Underwriting System Result for:
Purchased covered loans, § 1003.4(a)(35);
Comment 4(a)(35)-5;
Transactions for which an AUS, as defined in
§ 1003.4(a)(35)(ii), was not used to evaluate the application, Comment 4(a)(35)-2 and -4;
Covered loans or applications when applicant and
co-applicant are not natural persons, Comment
4(a)(35)-6
Enter “Code 1111” for Automated Underwriting
System and Automated Underwriting System
Result if, pursuant to the 2018 HMDA Rule, your 34 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references

Code 6—Not applicable institution is not reporting Automated Underwriting
System.
NOTE: If fewer than five (5) automated underwriting systems were used by your institution to evaluate the application or if Code 6 is selected, leave the remaining Automated Underwriting System data fields blank. AUS CONDITIONAL FREE FORM TEXT FIELD FOR CODE 5. Enter more than one other Automated Underwriting System, as applicable. The maximum number of characters for this field is 255 characters, including spaces. If Code 5 is not entered, leave this field blank. AUTOMATED UNDERWRITING SYSTEM RESULT. Indicate the result(s) generated by the automated underwriting system (AUS) previously indicated by entering:
Code 1111 —Exempt
Code 1—Approve/Eligible
Code 2—Approve/Ineligible
Code 3—Refer/Eligible
Code 4—Refer/Ineligible
Code 5—Refer with Caution
Code 6—Out of Scope
Code 7—Error
Code 8—Accept
Code 9—Caution
Code 10—Ineligible
Code 11—Incomplete
Code 12—Invalid
35 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references

Code 13—Refer
Code 14—Eligible
Code 15—Unable to Determine
Code 16—Other
NOTE: If Code 16 is selected in an Automated Underwriting System Result field, enter the specific other AUS result(s) not listed above in the AUS Result Conditional Free Form Text Field for Code 16. See below for more information on the AUS Result Conditional Free Form Text Field for Code 16.
Code 17—Not applicable
NOTE: Use Code 17 if the requirement to report an AUS result does not apply to the covered loan or application that your institution is reporting. Leave the remaining Automated Underwriting System Result data fields blank.
Code 18—Accept/Eligible
Code 19—Accept/Ineligible
Code 20—Accept/Unable to Determine
Code 21—Refer with Caution/Eligible
Code 22—Refer with Caution/Ineligible
Code 23—Refer/Unable to Determine
Code 24—Refer with Caution/Unable to Determine
For the following AUS results returned, use the following Codes for these AUS:
Federal National Mortgage Association (Fannie Mae) commonly
returns results that correspond to Codes 1, 2, 3, 4, 5, 6, 7, or 15. If your result(s) differ, report the AUS result(s) received. 36 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references

Federal Home Loan Mortgage Corporation (Freddie Mac)
commonly returns results that correspond to Codes 8, 9, 10, 11, 12, or 13. If more than one result is returned on the Feedback Certificate, report the Risk Class result. If your result(s) differ, report the AUS result(s) received.
FHA TOTAL Scorecard commonly returns results that correspond
to Codes 1, 2, 3, 4, 8, 13, 18 and 19. If your results differ, report the AUS result(s) received.
GUS commonly returns results that correspond to Codes 3, 4, 10,
15, 18, 19, 20, 21, 22, 23 or 24. If your result(s) differ, report the AUS result(s) received. NOTE: If fewer than five (5) results were generated by the automated underwriting system(s) previously indicated or Code 17 is used, leave the remaining Automated Underwriting System Result data fields blank. AUS RESULT CONDITIONAL FREE FORM TEXT FIELD FOR CODE

Enter more than one other Automated Underwriting System Result,
as applicable. The maximum number of characters for this field is 255 characters, including spaces. If Code 16 is not entered, leave this field blank. (46) Reverse Mortgage § 1003.4(a)(36) Indicator of whether the transaction is for a reverse mortgage Indicate whether the covered loan is, or the application is for, a reverse mortgage by entering:
Enter “Code 1111” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Reverse

Code 1111 —Exempt Mortgage.
Code 1—Reverse mortgage
Code 2—Not a reverse mortgage
37 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Reporting “Not Applicable”d or “Exempt”e
Effective January 1, 2020
Regulation C Data point Description Filing instructionsc references (47) Open-End Line of Credit § 1003.4(a)(37), Comment 4(a)(37)-1 Indicator of whether the transaction is for an open-end line of credit Indicate whether the covered loan is, or the application is for, an openend line of credit by entering: Enter “Code 1111” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Open-End Line

Code 1111 —Exempt of Credit.
Code 1—Open-end line of credit
Code 2—Not an open-end line of credit
(48) Business or
Commercial
Purpose
§ 1003.4(a)(38),
Comment
4(a)(38)-1
Indicator of whether the transaction is primarily for a business or commercial purpose Indicate whether the covered loan is, or the application is for a covered loan that will be made, primarily for a business or commercial purpose by entering:
Enter “Code 1111” if, pursuant to the 2018 HMDA Rule, your institution is not reporting Business or Commercial Purpose.
Code 1111 —Exempt
Code 1—Primarily for a business or commercial purpose
Code 2—Not primarily for a business or commercial purpose
a This chart combines information from the previous Summary of Reportable Data Chart and Reporting “Not Applicable” Chart and the 2020 Filing Instructions Guide. This chart does not contain information about the submission process or procedures. This chart summarizes requirements under HMDA and Regulation C and does not itself establish any binding obligations. It is intended only as a reference and not as a substitute for the regulation or its official commentary. Always consult the regulation text and official commentary for a complete understanding of the law. b HMDA filers should report the data points described in the 2015 HMDA Rule and the 2017 HMDA Rule, as modified by the 2019 HMDA Rule, which implements and clarifies the requirements of the Economic Growth, Regulatory Relief, and Consumer Protection Act for insured depository institutions and insured credit unions reporting transactions covered by a partial exemption. c This column provides the information from Section 4.2 of the 2020 Filing Instructions Guide. Further information can be found in the 2020 Filing Instructions Guide. Some information may not be presented exactly as in the 2020 Filing Instructions Guide. This chart is not a substitute for the 2020 Filing Instructions Guide, which should be consulted. d The “not applicable” portion of this column details the information provided in Regulation C about when a data point is considered not applicable and the appropriate code found in the 2020 Filing Instructions Guide to signify it. If more information is needed, please review the rule and commentary specified and the 2020 Filing Instructions Guide. e The “exempt” portion of this column details when a data point is exempt for insured depository institutions and insured credit unions reporting transactions covered by a partial exemption under the Economic Growth, Regulatory Relief, and Consumer Protection Act and the appropriate code found in the 2020 Filing Instructions Guide to signify it. 38 2020 REPORTABLE HMDA DATA: A REGULATORY AND REPORTING OVERVIEW REFERENCE CHART – VERSION 1, OCTOBER 10, 2019

Intro
A: Overview of Data
Requirements Chart
B: HMDA Small Entity
Compliance Guide
C: Instructions on
Collection of Data on
Ethnicity, Race, and Sex
D: Institutional Coverage
Chart
E: Transactional
Coverage Chart
F: Partial Exemptions
Charts
G: Data Fields and Data
Points Chart
H: Regulation C
I: Official Interpretations to Regulation C
J: Federal HMDA
Reporting Agencies
K: HMDA Poster
Appendix APPENDIX B: HMDA Small Entity Compliance Guide
The following is a copy of the CFPB’s HMDA Small Entity Compliance Guide, an easy-to-use summary of Regulation C and to highlight information that financial institutions and those that work with them might find helpful when complying with Regulation C. This Guide is not a substitute for Regulation C. Regulation C and its official interpretations (also known as the commentary) are the definitive sources of information regarding its requirements. Regulation C and its official interpretations are available in Appendix H and I of this Guide and at www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1003/.

JANUARY 2020
OMB CONTROL NO. 3170-0008

Home Mortgage
Disclosure (Regulation C)
Small Entity Compliance Guide

Version Log
The Bureau updates this guide on a periodic basis. Below is a version log noting the history of this document and its updates:
Date Version Summary of Changes
January 23, 2020 4.0 Updates to incorporate the content of the final rule issued on October 10, 2019, including:
 Effective date (Section 2)
 Institutional coverage for open-end lines of credit (Sections 2.1, 3.1, 3.1.1, 3.1.2, 9.1)  Transactional coverage for open-end lines of credit (Sections 2.2, 4.1.2, 4.3, 4.3.2)  Partial exemptions (Sections 4.3, 4.3.1, 8.5)  Non-universal loan identifier (Sections 5.2) Information about the Bureau’s policy guidance on disclosure of loanlevel HMDA data (Section 2.7). Deletes text related to 2017 institutional coverage because it is no longer in effect (Section 2.1, 2.3, 2.5, 5.1.1, 9.1). Deletes text regarding the collection of race, ethnicity, and sex for applications taken in 2017 (Section 2.3, 5.1). Deletes text related to Appendix A of Regulation C because it was removed from Regulation C in 2019 (Section 2.5). Miscellaneous administrative changes in various sections. October 2018 3.0 Updates to reflect Section 104(a) of the Economic Growth, Regulatory Relief, and Consumer Protection Act (2018 Act) and the interpretive and procedural rule issued on August 31, 2018 (2018 HMDA Rule), including:
 General information about Section 104(a) of the 2018 Act and the 2018 HMDA Rule (Section 1)  Key changes and effective date of Section 104(a) of the 2018 Act (Sections 2.1, 2.3, and 4.3)  Institutions eligible to rely upon the partial exemptions created by Section 104(a) of the 2018 Act (Section 4.3.1)  Loan-volume thresholds for the partial exemptions (Section 4.3.2) 1 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

October 2017 2.0
 Collecting, recording, and reporting data points if a partial exemption applies (Sections 4.3.3)  Reporting a non-universal loan identifier if a partial exemption applies (Section 5.2)  Reporting other data points affected by the partial exemptions (Sections 5.4, 5.9, 5.11, 5.12, 5.16, 5.17, and 5.19 through 5.30) Additional information about which transactions a financial institution must count when determining if a loan-volume threshold has been met (Section 4.1.2). Revisions to the portion of the table describing the loan amount reported for a counteroffer for an amount different from the amount for which the applicant applied, if the applicant did not accept or failed to respond. Also, revisions to the portion of the same table describing the loan amount reported for an Application that was denied, closed for incompleteness, or withdrawn (Section 5.8). Miscellaneous administrative changes in various sections. Updates to incorporate the content of the final rule issued on August 24, 2017, including changes and clarification regarding:
Institutional coverage and the uniform loan-volume threshold for openend lines of credit (Sections 2.1, 3.2, and 9.1)

Transactional coverage for open-end lines of credit (Sections 2.2, 4.1.2, and 9.1)

Collection and reporting of applicant information (Sections 2.4, 5.1, 9.2.1, and Attachment A) Effective date of enforcement provisions for larger volume reporters (Sections 2.8 and 7)

Whether certain installment sales contracts are extensions of credit for purposes of the HMDA Rule (Section 4.1.1.1)

An exclusion from coverage for certain preliminary transactions that consolidate new funds into a New York CEMA (Sections 4.1.1.1. and 4.1.2)

What constitutes a loan secured by a multifamily dwelling under the HMDA Rule (Sections 4.1.1.2)

The exclusion from coverage for temporary financing (Section 4.1.2)

Including certain distributions from retirement and other asset accounts when reporting income (Section 5.1.2)

Reporting the ULI and use of check digit tool provided by the Bureau

2 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

(Section 5.2)

Reporting loan purpose (Section 5.7)

Reporting property address and location when certain information is unknown or unavailable (Section 5.12)

Reporting census tract using the geocoding tool provided by the Bureau

(Sections 5.12 and 7)

Reporting CLTV when the calculation includes property other than the Identified Property (Section 5.21)

Reporting credit score when there are multiple scores or multiple applicants (Section 5.22)

Securitizers and automated underwriting systems (Section 5.23) Reporting interest rate, rate spread, and certain other data points when

revised or corrected disclosures are provided (Sections 5.24, 5.26, and 5.28)

Reporting the introductory rate (Section 5.25) Reporting rate spread, including for applications that are approved but not accepted (Section 5.26)

Reporting mortgage loan originator identifier for certain purchased

covered loans (Section 5.30)

Reporting action taken if there is a counteroffer (Attachment B) Also, makes miscellaneous administrative changes to various sections December 2015 1.0 Original Document 3 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Table of contents
Table of contents .........................................................................................................4

Introduction ...........................................................................................................8

1.1 Purpose of this guide ................................................................................ 9

1.2 Additional implementation resources .................................................... 10

Key changes and effective dates ......................................................................11

2.1 Institutional coverage ............................................................................. 12

2.2 Transactional coverage ........................................................................... 13

2.3 Required data points................................................................................15

2.4 Collection and reporting of applicant information ................................ 16

2.5 Annual reporting..................................................................................... 16

2.6 Quarterly reporting..................................................................................17

2.7 Disclosure requirements......................................................................... 18

2.8 Enforcement provisions for larger-volume reporters ............................ 19

Institutional coverage .........................................................................................20

3.1 Institutional coverage on or after January 1, 2018 ................................20

3.2 Exempt institutions ................................................................................ 25

Transactional coverage ......................................................................................26

4.1 Covered loans..........................................................................................26

4 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

4.2 Reportable activity .................................................................................. 37

4.3 Partial exemptions .................................................................................. 43

Reportable data...................................................................................................51

5.1 Applicant information ............................................................................ 52

5.2 Universal loan identifier (ULI) or non-universal loan identifier........... 59

5.3 Application date ...................................................................................... 62

5.4 Application channel ................................................................................ 63

5.5 Preapproval request................................................................................64

5.6 Loan type.................................................................................................64

5.7 Loan purpose .......................................................................................... 65

5.8 Loan amount ...........................................................................................68

5.9 Loan term................................................................................................69

5.10 Action taken and date ............................................................................. 70

5.11 Reasons for denial................................................................................... 70

5.12 Property address and property location................................................. 72

5.13 Construction method .............................................................................. 74

5.14 Occupancy type ....................................................................................... 75

5.15 Lien status ............................................................................................... 76

5.16 Manufactured home information ........................................................... 77

5.17 Property value ......................................................................................... 78

5.18 Total units ............................................................................................... 79

5.19 Multifamily affordable units...................................................................80

5.20 Debt-to-income ratio .............................................................................. 81

5.21 Combined loan-to-value .........................................................................82

5.22 Credit score information.........................................................................84

5 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

5.23 Automated underwriting system information .......................................86

5.24 Interest rate.............................................................................................89

5.25 Introductory rate period ......................................................................... 92

5.26 Rate spread ............................................................................................. 93

5.27 Non-amortizing features .........................................................................98

5.28 Data points for certain loans subject to Regulation Z ............................99

5.29 Transaction indicators .......................................................................... 103

5.30 Mortgage loan originator identifier...................................................... 104

5.31 Type of purchaser ................................................................................. 105

Recording and reporting ..................................................................................108

6.1 Recording .............................................................................................. 108

6.2 Reporting .............................................................................................. 108

6.3 Disclosure of data .................................................................................. 111

Enforcement provisions ...................................................................................113
Mergers and acquisitions ................................................................................115

8.1 Determining coverage............................................................................ 115

8.2 Reporting responsibility for calendar year of merger or acquisition.... 115

8.3 Changes to appropriate Federal agency or TIN .................................... 117

8.4 Determining quarterly reporting coverage............................................ 117

8.5 Applicability of partial exemptions under the 2018 Act after a merger or
acquisition .............................................................................................118

Practical implementation and compliance considerations ...........................121

9.1 Identifying affected institutions, products, departments, and staff .....121

9.2 Implementation and compliance management support activities ...... 124

6 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Attachment A: .......................................................................................................... 126

Attachment B: .......................................................................................................... 128

Action taken chart ......................................................................................... 128

Attachment C: .......................................................................................................... 132

Sample notices ............................................................................................... 132

PAPERWORK REDUCTION ACT
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and, notwithstanding any other provision of law, a person is not required to respond to a collection of information unless it displays a valid OMB control number. The OMB control number for this collection is 3170-0008. It expires on November 30, 2022. The information collections created by the Final Rule published October 28, 2015 at 80 FR 66127 will not become effective until either three years from the date of publication of the rule or 2020 in the case of certain information collections. The time required to complete this information collection is estimated to average between 161 hours and 9,000 hours per response depending on the size of the institution. The obligation to respond to this collection of information is mandatory per the Home Mortgage Disclosure Act, 12 U.S.C. 2801-2810, as implemented by the Bureau’s Regulation C, 12 CFR part 1003. Comments regarding this collection of information, including the estimated response time, suggestions for improving the usefulness of the information, or suggestions for reducing the burden to respond to this collection should be submitted to the Bureau of Consumer Financial Protection (Attention: PRA Office), 1700 G Street NW, Washington, DC 20552, or by email to PRA@cfpb.gov. The other agencies collecting information under this regulation maintain OMB control numbers for their collections as follows: Office of the Comptroller of the Currency (1557–0159), the Federal Deposit Insurance Corporation (3064–0046), the Federal Reserve System (7100–0247), the Department of Housing and Urban Development (2502–0529), and the National Credit Union Administration (3133–0166). 7 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Introduction
The Home Mortgage Disclosure Act (HMDA), which Congress enacted in 1975, requires certain financial institutions to collect, record, report, and disclose information about their mortgage lending activity. Regulation C implements HMDA and sets out specific requirements for the collection, recording, reporting, and disclosure of mortgage lending information. The datarelated requirements in HMDA and Regulation C serve three primary purposes: (1) to help determine whether financial institutions are serving their communities’ housing needs; (2) to assist public officials in distributing public investment to attract private investment; and (3) to assist in identifying potential discriminatory lending patterns and enforcing antidiscrimination statutes. The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) transferred rulemaking authority for HMDA to the Bureau of Consumer Financial Protection (Bureau), effective July 2011. It also amended HMDA to require financial institutions to report new data points and authorized the Bureau to require financial institutions to collect, record, and report additional information. On August 29, 2014, the Bureau published proposed amendments to Regulation C to implement the Dodd-Frank Act changes and to make additional changes. The Bureau carefully reviewed and considered the comments it received on its proposed amendments. On October 15, 2015, the Bureau issued a final rule (2015 HMDA Rule) amending Regulation C. The 2015 HMDA Rule was published in the Federal Register on October 28, 2015. On August 24, 2017, the Bureau issued a final rule (2017 HMDA Rule) further amending Regulation C to make technical corrections and to clarify and amend certain requirements adopted by the 2015 HMDA Rule. The 2017 HMDA Rule was published in the Federal Register on September 13, 2017. On May 24, 2018, the President signed the Economic Growth, Regulatory Relief, and Consumer Protection Act (2018 Act) into law. Effective May 24, 2018, Section 104(a) of the 2018 Act created partial exemptions from some of HMDA’s requirements for certain covered institutions. On August 31, 2018, the Bureau issued an interpretive and procedural rule (2018 HMDA Rule) to implement and clarify Section 104(a) of 8 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

the 2018 Act. The 2018 HMDA Rule was published in the Federal Register on September 7,
2018. On October 10, 2019, the Bureau issued a final rule (2019 Rule) to extend until January 1,
2022 the current temporary loan-volume threshold for reporting data about open-end lines of credit and incorporate the 2018 HMDA Rule into Regulation C and implement further the 2018 Act. The 2019 HMDA Rule was published in the Federal Register on October 29, 2019. In this guide, the 2015 HMDA Rule, 2017 HMDA Rule, 2018 HMDA Rule, and 2019 HMDA Rule are collectively referred to as the HMDA Rule.
1.1 Purpose of this guide
The purpose of this guide is to provide an easy-to-use summary of Regulation C to highlight information that financial institutions and those that work with them might find helpful when implementing the HMDA Rule. This guide meets the requirements of Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996, which requires the Bureau to issue a small entity compliance guide to help small entities comply with new regulations. Larger entities may also find this guide useful. This guide is not a substitute for the 2015 HMDA Rule, the 2017 HMDA Rule, the 2018 HMDA Rule, 2019 HMDA Rule, or Regulation C. Regulation C, the 2015 HMDA Rule, the 2017 HMDA Rule, the 2018 HMDA Rule, the 2019 HMDA Rule, and the Official Interpretations (also known as the commentary) are the definitive sources of information regarding their requirements. The 2015 HMDA Rule, the 2017 HMDA Rule, 2018 HMDA Rule, and the 2019 HMDA Rule are available at http://www.consumerfinance.gov/regulatoryimplementation/hmda/. The focus of this guide is Regulation C and the HMDA Rule. Except when specifically needed to explain a provision of amended Regulation C, this guide does not discuss other Federal or State laws that may apply to mortgage lending. This guide has examples to illustrate some portions of the HMDA Rule. The examples do not include all possible factual situations that could illustrate a particular provision, trigger a particular obligation, or satisfy a particular requirement. Even though an example may identify a fictitious financial institution as, for example, “Ficus Bank” or “Ficus Mortgage Company,” the 9 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

provision or obligation being illustrated in the example may apply to all financial institutions, including both depository and nondepository financial institutions. Sometimes this guide will distinguish between the requirements of the HMDA Rule and the requirements of Regulation C as they apply before a specific part of the HMDA Rule goes into effect. When making these distinctions, the guide generally refers to the requirements of Regulation C as they apply before a specific part of the HMDA Rule goes into effect as “current Regulation C.” However, it should be understood that this means the requirements of Regulation C as they are before the specific part of the HMDA Rule being discussed goes into effect, not Regulation C as of any specific date (such as the date the guide is being read).
1.2 Additional implementation resources
Additional resources to help institutions understand and comply with the HMDA Rule are available on the Bureau’s website at http://www.consumerfinance.gov/regulatoryimplementation/hmda/. A person who has a specific regulatory interpretation question about the HMDA Rule after reviewing these materials may submit the question on the Bureau’s website at https://reginquiries.consumerfinance.gov/. A person may also leave his or her question in a voicemail at 202-435-7700. Bureau staff provide only informal responses to regulatory inquiries, and the responses do not constitute official interpretations or legal advice. Generally, Bureau staff is not able to respond to specific inquiries the same business day or within a particular requested timeframe. Actual response times will vary based on the number of questions Bureau staff is handling and the amount of research needed to respond to a specific question. Technical questions about collecting or reporting HMDA data should be directed to hmdahelp@cfpb.gov. 10 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Key changes and effective
dates
The HMDA Rule changes: (1) the types of financial institutions that are subject to Regulation C; (2) the types of transactions that are subject to Regulation C; (3) the data that financial institutions are required to collect, record, and report; and (4) the processes for reporting and disclosing HMDA data. Most provisions of the HMDA Rule took effect on January 1, 2018 and apply to data collected in 2018 and reported in 2019 or later years. The partial exemptions created by the 2018 Act became effective when the Act was signed into law on May 24, 2018. Further implementation of the 2018 Act, such as the application of partial exemptions after a merger or acquisition, is effective January 1, 2020. Certain changes regarding reporting and changes to the enforcement provisions regarding good faith efforts are effective January 1, 2019. The new quarterly reporting requirement and changes to the enforcement provisions for larger-volume reporters are effective January 1, 2020. Additionally, there are institutional and transactional coverage changes for open-end lines of credit that are effective January 1, 20221. This section summarizes these key changes and provides the effective date for each key change. For more detailed information on the HMDA Rule’s specific requirements, see Sections 3 through 8. 1 In 2017, the Bureau temporarily increased the open-end threshold to 500 open-end lines of credit for calendar years 2018 and 2019. In 2019, the Bureau extended to January 1, 2022 the temporary threshold of 500 open-end lines of credit for institutional and transactional coverage. See Home Mortgage Disclosure (Regulation C), 84 FR 57946 (Oct. 29, 2019). 11 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

2.1 Institutional coverage
Effective January 1, 2018 for changes to institutional coverage; effective January 1, 2022 for a change to the loan-volume threshold for covered open-end lines of credit Effective January 1, 2018, the HMDA Rule adopts a uniform loan-volume threshold for all financial institutions. Beginning in 2018, a financial institution is not subject to Regulation C unless it originated at least 25 covered closed-end mortgage loans in each of the two preceding calendar years or at least 500 covered open-end lines of credit in each of the two preceding calendar years, and it meets other applicable coverage requirements. For depository financial institution coverage, the HMDA Rule maintains Regulation C’s asset-size threshold, location test, federally related test, and loan activity test. For nondepository financial institutions, the HMDA Rule retains the location test. A nondepository financial institution is subject to Regulation C, effective January 1, 2018, if it originated at least 25 covered closed-end mortgage loans or at least 500 covered open-end lines of credit in each of the two preceding calendar and meets the location test. 12 CFR 1003.2(g)(1) and (2). The 2018 Act added partial exemptions to HMDA. As discussed in Section 4.3, certain financial institutions are eligible for these partial exemptions from some of the HMDA Rule’s data collection and reporting requirements. Among other things, in order to be eligible for a partial exemption, a financial institution must be either an insured depository institution as defined in
Section 3 of the Federal Deposit Insurance
Act or an insured credit union as defined in
Section 101 of the Federal Credit Union Act.
As discussed in Section 4.3, an insured depository institution with a less than satisfactory Community Reinvestment Act examination history is not eligible for a partial exemption. Effective January 1, 2022, absent further rulemaking, the HMDA Rule reduces the loan-volume threshold for covered open-end lines of credit to 100 covered open-end lines of credit in each of the two preceding calendar years. 2 The other institutional coverage criteria do not change in 2 The Bureau intends to address in a separate final rule the changes it proposed to the permanent coverage thresholds for open-end lines of credit. Id. 12 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Thus, effective January 1, 2022, a depository financial institution or nondepository
financial institution is subject to Regulation C if it originated at least 25 covered closed-end mortgage loans in each of the preceding two calendar years or at least 100 covered open-end lines of credit in each of the two preceding calendar years and meets the other applicable coverage criteria. For more information regarding which financial institutions are subject to the HMDA Rule, see
Section 3 and the HMDA Institutional Coverage Charts.
2.2 Transactional coverage
Effective January 1, 2018 for data collected on or after January 1, 2018 (to be reported in or after 2019); effective January 1, 2022 and applicable for data collected on or after January 1, 2022 (to be reported in or after 2023) for a change to the exclusion for open-end lines of credit. The HMDA Rule modifies the types of transactions that are subject to Regulation C and generally adopts a dwelling-secured standard for transactional coverage. Beginning on January 1, 2018, Regulation C generally applies to consumer-purpose, closed-end loans and open-end lines of credit that are secured by a dwelling. 12 CFR 1003.2(d), (e), and (o). A home improvement loan is not subject to Regulation C unless it is secured by a dwelling. Beginning on January 1, 2018, Regulation C applies to business-purpose, closed-end loans and open-end lines of credit that are dwelling-secured and are home purchase loans, home improvement loans, or refinancings. 12 CFR 1003.3(c)(10). For business-purpose transactions, the HMDA Rule creates a dwelling-secured standard and maintains current Regulation C’s purpose test. The HMDA Rule retains existing categories of excluded transactions, clarifies some categories of excluded transactions, and expands the existing exclusion for agricultural-purpose transactions. 12 CFR 1003.3(c). It also adds new categories of excluded transactions that are designed to work in tandem with the HMDA Rule’s other changes. For example, closed-end mortgage loans are excluded transactions for a financial institution that does not originate 25 or more of them in each of the two preceding calendar years. Similarly, open-end lines of credit are excluded transactions for a financial institution that does not originate a certain number of them in each 13 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

of the two preceding calendar years. For 2018,2019, 2020, and 2021, open-end lines of credit are excluded transactions for a financial institution that does not originate at least 500 of them in each of the two preceding calendar years. Effective January 1, 2022, open-end lines of credit are excluded transactions for a financial institution that does not originate at least 100 of them in each of the two preceding calendar years.3 The HMDA Rule expands the types of preapproval requests that are reported, but also excludes requests regarding some types of loans from the scope of reportable preapproval requests. Under the HMDA Rule, reporting of preapproval requests that are approved but not accepted is required instead of optional. However, under the HMDA Rule, preapproval requests regarding home purchase loans to be secured by multifamily dwellings, preapproval requests for open-end lines of credit, and preapproval requests for reverse mortgages are not reportable. The 2018 Act created two partial exemptions:
one for closed-end mortgage loans and one for open-end lines of credit. Transactions that are subject to the HMDA Rule and are covered by a partial exemption are still subject to some of the HMDA Rule’s requirements, and certain data points must be collected, recorded, and reported for such transactions. For more information on the partial exemptions, see Section 4.3. For more information regarding the transactions that are subject to the HMDA Rule, see Section 4 and the HMDA Transactional Coverage Chart. 3 A financial institution may collect, record, report, and disclose information, as described in §§ 1003.4 and 1003.5, for a closed-end mortgage loan excluded under § 1002.3(c)(11) or an open-end line of credit excluded under § 1002.3(c)(12) as though it were a covered loan, provided that the financial institution complies with such requirements for all applications for closed-end mortgage loans or open-end lines of credit that it receives, originates, and purchases that otherwise would have been covered loans during the calendar year during which final action is taken on the excluded closed-end mortgage loan or open-end line of credit. 14 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

2.3 Required data points
Effective January 1, 2018 and applicable to data reported in or after 2019; partial exemptions effective May 24, 2018 and applicable for collection, recording, and reporting of data on or after May 24, 2018. The HMDA Rule adds the data points specified in the Dodd-Frank Act as well as data points that the Bureau determined will assist in carrying out HMDA’s purposes. For example, the HMDA Rule adds new data points for age, credit score, automated underwriting information, debt-toincome ratio, unique loan identifier, property value, application channel, points and fees, borrower-paid origination charges, discount points, lender credits, loan term, prepayment penalty, and identification of other loan features. 12 CFR 1003.4(a). The HMDA Rule also modifies some existing data points. Effective May 24, 2018, the 2018 Act created partial exemptions that permit certain financial institutions to exclude 26 data points when collecting, recording, and reporting HMDA data for certain transactions. If a partial exemption applies to a covered transaction, an insured depository institution or insured credit union may, but is not required to, collect, record, and report these 26 data points. However, the insured depository institution or insured credit union must collect, record, and report the remaining 22 data points as required by the HMDA Rule and otherwise comply with the HMDA Rule for such covered transactions. Generally, a financial institution collects, records, and reports the new and modified data points under the HMDA Rule for applications on which final action is taken on or after January 1,
2018. However, if a partial exemption applies, an insured depository institution or insured
credit union is not required to collect, record, or report many of these data points as discussed in
Section 4.3.3.
A financial institution collects, records, and reports the new and modified data points, to the extent that they apply to purchased loans, for purchases of covered loans that occur on or after January 1, 2018. For more information regarding the data points that must be reported under the HMDA Rule, see Section 5. For more information on the data points that must be reported if a partial exemption applies to a covered transaction, see Section 4.3.3. 15 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

2.4 Collection and reporting of applicant
information
Effective January 1, 2018 for data collected in or after 2018 (to be reported in or after 2019) For data collected in or after 2018, the HMDA Rule amends the requirements for collection and reporting of information regarding an applicant’s or borrower’s ethnicity, race, and sex. First, the HMDA Rule adds a requirement to report how the institution collected the information about the applicant’s or borrower’s ethnicity, race, and sex. A financial institution reports whether or not it collected the information on the basis of visual observation or surname. 12 CFR 1003.4(a)(10)(i). Financial institutions are required to collect information about an applicant’s ethnicity, race, and sex on the basis of visual observation or surname when an applicant chooses not to provide the information for an application taken in person. Second, financial institutions must permit applicants to self-identify using disaggregated ethnic and racial subcategories and must report disaggregated information applicants provide. However, the HMDA Rule does not require or permit financial institutions to use the disaggregated subcategories when identifying the applicant’s ethnicity and race based on visual observation or surname. The HMDA Rule includes a new sample data collection form in
appendix B that provides the required aggregated categories and disaggregated subcategories
for ethnicity and race. Appendix B to Part 1003.
For more information regarding the collection and reporting of applicant information under the HMDA Rule, see Section 5.1.
2.5 Annual reporting
Effective January 1, 2019 for changes requiring electronic submission of HMDA data in 2019 and later years The HMDA Rule retains the requirement that a financial institution submit its HMDA data to its appropriate Federal agency by March 1 following the calendar year for which it collected the data, but requires electronic submission of the data. 16 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

The Bureau developed a new web-based tool for electronically submitting HMDA data. Financial institutions are required to submit data electronically using the web-based tool beginning in 2018 for data collected in 2017. For more information on the submission tool, see http://ffiec.cfpb.gov/. Beginning in 2019, financial institutions are required to submit the new dataset electronically in accordance with the HMDA Rule, using the new web-based submission tool and revised procedures available at http://ffiec.cfpb.gov/. For more information regarding annual reporting under the HMDA Rule, see Section 6.2.1.
2.6 Quarterly reporting
Effective January 1, 2020 for data collected and reported in or after 2020 The HMDA Rule imposes a new quarterly reporting requirement for larger-volume reporters. In addition to their annual data submission, these larger-volume reporters will also electronically submit their HMDA data for each of the first three quarters of the year on a quarterly basis beginning in 2020. 12 CFR 1003.5(a)(1)(ii). For more information regarding quarterly reporting under the HMDA Rule, see Section 6.2.2. 17 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

2.7 Disclosure requirements
Effective January 1, 2018 for data collected on or after January 1, 2017 (to be reported in or after 2018) The HMDA Rule replaces Regulation C’s requirements to provide a disclosure statement and modified LAR4 to the public upon request with new requirements to provide notices that the institution’s disclosure statement and modified LAR are available on the Bureau’s website. 12 CFR 1003.5(b)(2) and (c). The HMDA Rule also modifies the content of the posting required under Regulation C. The HMDA Rule includes sample language that financial institutions can use to provide notice that the institution’s HMDA data are available on the Bureau’s website and to comply with the posting requirement. These revised disclosure requirements are effective January 1, 2018 and apply to data collected on or after January 1, 2017 and reported in or after 2018. The Bureau’s policy guidance on the disclosure of loan-level HMDA data5 notes that for HMDA data collected by Financial Institutions in or after 2018 and made available to the public beginning in 2019, the Bureau intends to modify the public loan-level data to exclude certain fields and reduce the precision of most of the values reported for certain data fields. For more information regarding the disclosure requirements under the HMDA Rule, see Section 6.3. 4 HMDA requires a financial institution to make available to the public, upon request, “loan application register information” in the form required under Regulation C, and requires the Bureau to determine if deletions from the information are appropriate to protect applicants’ and borrowers’ privacy interests or to protect financial institutions from liability under privacy laws. 12 USC 304(j). Prior to being disclosed to the public, LARs must be modified to remove loan application register information that the Bureau determines should be deleted. 5 See Disclosure of Loan-Level HMDA Data, 84 FR 649 (Jan. 31, 2019) 18 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

2.8 Enforcement provisions for largervolume reporters
Effective January 1, 2020
The HMDA Rule provides that inaccuracies or omissions in quarterly reporting are not violations of HMDA or Regulation C if the financial institution makes a good-faith effort to report quarterly data timely, fully, and accurately, and then corrects or completes the data prior to its annual submission. 12 CFR 1003.6(c)(2). For more information regarding the enforcement provisions of the HMDA Rule, see Section 7. 19 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Institutional coverage
An institution is required to comply with Regulation C only if it is a “financial institution” as that term is defined in Regulation C.
3.1 Institutional coverage on or after
January 1, 2018
An institution uses two definitions, which are outlined below, as coverage tests to determine whether it is a financial institution that is required to comply with Regulation C, on or after January 1, 2018. These coverage tests include loan-volume thresholds for closed-end mortgage loans and for open-end lines of credit. For open-end lines of credit, the HMDA Rule includes both a temporary higher threshold for open-end lines of credit that is effective January 1, 2018 and a lower threshold that takes effect January 1, 2022. These thresholds are discussed in more detail below. Although the HMDA Rule is the definitive source regarding the institutional coverage criteria, an institution may also find the 2018 HMDA Institutional Coverage Chart helpful when it is determining whether it is subject to Regulation C, on or after January 1, 2018. Throughout the remainder of this guide, an institution that meets the criteria set forth in the HMDA Rule’s definition of depository financial institution is referred to as a Depository Financial Institution, and an institution that meets the criteria set forth in the HMDA Rule’s definition of nondepository financial institution is referred to as a Nondepository Financial Institution. The capitalized term Financial Institution refers to an institution that is either a 20 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Depository Financial Institution or a Nondepository Financial Institution and that is an institution that is subject to HMDA Rule.
3.1.1 Depository financial institutions
Under the HMDA Rule, effective January 1, 2018, a bank, savings association, or credit union is a Depository Financial Institution, a Financial Institution, and subject to Regulation C if it meets ALL6 of the following:

Asset-Size Threshold. On the preceding December 31, the bank, savings association, or
credit union had assets in excess of the asset-size threshold published annually in the Federal Register and posted on the Bureau’s website. The phrase “preceding December 31” refers to the December 31 immediately preceding the current calendar year. For example, in 2018, the preceding December 31 is December 31, 2017. 12 CFR 1003.2(g)(1)(i).
Location Test. On the preceding December 31, the bank, savings association, or credit
union had a home or Branch Office located in an MSA. 12 CFR 1003.2(g)(1)(ii). For purposes of this location test, a Branch Office for a bank, savings association, or credit union is an office: (a) of the bank, savings association, or credit union (b) that is considered a branch by the institution’s Federal or State supervisory agency. For purposes of the HMDA Rule, an automated teller machine or other free-standing electronic terminal is not a Branch Office regardless of whether the supervisory agency would consider it a branch. 12 CFR 1003.2(c)(1). A Branch Office of a credit union is any office where member accounts are established or loans are made, whether or not an agency has approved the office as a branch. Comment 2(c)(1)-1.
Loan Activity Test. During the preceding calendar year, the bank, savings association, or
credit union originated at least one Home Purchase Loan or Refinancing of a Home Purchase Loan secured by a first lien on a one-to-four-unit Dwelling. 12 CFR 1003.2(g)(1)(iii). 6 When determining whether it meets these criteria on or after January 1, 2018, a bank, savings association, or credit union relies on the definitions in the HMDA Rule. 21 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

For more information on whether a loan is secured by a Dwelling, is a Home Purchase Loan, or is a Refinancing of a Home Purchase Loan, see Sections 4.1.1.2 and 5.7.
4. Federally Related Test. The bank, savings association, or credit union:
a. Is federally insured; or b. Is federally regulated; or
c. Originated at least one Home Purchase Loan or Refinancing of a Home Purchase Loan
that was secured by a first lien on a one-to-four-unit Dwelling and also (i) was insured, guaranteed or supplemented by a Federal agency or (ii) was intended for sale to Fannie Mae or Freddie Mac. 12 CFR 1003.2(g)(1)(iv).
5. Loan-Volume Thresholds. The bank, savings association, or credit union meets or
exceeds either the loan-volume threshold for Closed-End Mortgage Loans or the loanvolume threshold for Open-End Line of Credits in each of the two preceding calendar years. Effective January 1, 2018, the loan-volume threshold for Closed-End Mortgage Loans is 25 Closed-End Mortgage Loans, and the loan-volume threshold for Open-End Lines of Credit is 500 Open-End Lines of Credit. The 500 Open-End Line of Credit threshold is temporary and applies in calendar years 2018, 2019, 2020, and 2021. Effective January 1, 2022, the loan-volume threshold for Open-End Lines of Credit is 100 Open-End Lines of Credit. Effective January 1, 2018 and until December 31, 2021, a bank, savings association or credit union that originated at least 25 Closed-End Mortgage Loans in each of the two preceding calendar years, or originated at least 500 Open-End Lines of Credit in each of the two preceding calendar years meets or exceeds the loan-volume threshold. Effective January 1, 2022, a bank, savings association or credit union that originated at least 25 Closed-End Mortgage Loans in each of the two preceding calendar years, or originated at least 100 Open-End Lines of Credit in each of the two preceding calendar years meets or exceeds the loan-volume threshold. When the bank, savings association, or credit union determines whether it meets these loanvolume thresholds, it does not count transactions excluded by 12 CFR 1003.3(c)(1) through (10) and (13). 12 CFR 1003.2(g)(1)(v). These Excluded Transactions are discussed below in
Section 4.1.2 in paragraphs 1 through 10 and in paragraph 13. For more information on
Closed-End Mortgage Loans, Open-End Lines of Credit, and Excluded Transactions, see
Section 4.1.
22 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

When determining if it meets the loan-volume thresholds, a bank, savings association, or credit union only counts Closed-End Mortgage Loans and Open-End Lines of Credit that it originated. Only one institution is deemed to have originated a specific Closed-End Mortgage Loan or Open-End Line of Credit under the HMDA Rule, even if two or more institutions are involved in the origination process. Only the institution that is deemed to have originated the transaction under the HMDA Rule counts it for purposes of the loanvolume threshold. Comments 2(g)-5; see also comments 4(a)-2 through -4. For more information on how to determine whether an institution is deemed to have originated a transaction under the HMDA Rule, see Section 4.2.3. The HMDA Rule also includes a separate test to ensure that Financial Institutions that meet only the Closed-End Mortgage Loan threshold are not required to report their Open-End Lines of Credit, and that Financial Institutions that meet only the Open-End Line of Credit threshold are not required to report their Closed-End Mortgage Loans. 12 CFR 1003.3(c)(11) and (12). For more information, see Section 4.1.2.
3.1.2 Nondepository financial institutions
Under the HMDA Rule, effective January 1, 2018, a for-profit mortgage-lending institution (other than a bank, savings association, or credit union) is a Nondepository Financial Institution, a Financial Institution, and subject to Regulation C if it meets BOTH7 of the following:

Location Test. The mortgage-lending institution had a home or Branch Office in an MSA
on the preceding December 31. The phrase “preceding December 31” refers to the December 31 immediately preceding the current calendar year. For example, in 2018, the preceding December 31 is December 31, 2017. 12 CFR 1003.2(g)(2)(i). For purposes of this location test, a Branch Office of a for-profit mortgage-lending institution is: (a) any one of the institution’s offices (b) at which the institution takes from the public Applications for Covered Loans. A mortgage-lending institution is also deemed to have a Branch Office in an MSA if, in the preceding calendar year, it received Applications for, originated, or purchased five or more Covered Loans related to property located in that 7 When determining whether it meets these criteria on or after January 1, 2018, a mortgage-lending institution relies on the definitions in the HMDA Rule. 23 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

MSA. 12 CFR 1003.2(c)(2). For more information on Applications and Covered Loans, see
Section 4.
2. Loan-Volume Thresholds. The mortgage-lending institution meets or exceeds either the
Closed-End Mortgage Loan loan-volume threshold or the Open-End Line of Credit loanvolume threshold in each of the two preceding calendar years. Effective January 1, 2018, the loan-volume threshold for Closed-End Mortgage Loans is 25 Closed-End Mortgage Loans and the loan-volume threshold for Open-End Lines of Credit is 500 Open-End Lines of Credit. The 500 Open-End Line of Credit threshold is temporary and applies in calendar years 2018, 2019, 2020, and 2021. Effective January 1, 2022, the loan-volume threshold for Open-End Lines of Credit is 100 Open-End Lines of Credit. Effective January 1, 2018 and until December 31, 2021, a mortgage-lending institution that originated at least 25 Closed-End Mortgage Loans in each of the two preceding calendar years, or originated at least 500 Open-End Lines of Credit in each of the two preceding calendar years meets or exceeds the loan-volume threshold. Effective January 1, 2022, a mortgage-lending institution that originated at least 25 Closed-End Mortgage Loans in each of the two preceding calendar years, or originated at least 100 OpenEnd Lines of Credit in each of the two preceding calendar years meets or exceeds the loanvolume threshold. When an institution determines whether it meets the loan-volume thresholds, it does not count transactions excluded by 12 CFR 1003.3(c)(1) through (10) and (13). 12 CFR 1003.2(g)(2)(ii). These Excluded Transactions are discussed below in Section
4.1.2 in paragraphs 1 through 10 and paragraph 13. For more information on Closed-End
Mortgage Loans, Open-End Lines of Credit, and Excluded Transactions, see Section 4.1. When determining if it meets the loan-volume thresholds, a mortgage-lending institution only counts Closed-End Mortgage Loans and Open-End Lines of Credit that it originated. Only one institution is deemed to have originated a specific Closed-End Mortgage Loan or Open-End Line of Credit under the HMDA Rule, even if two or more institutions are involved in the origination process. Only the institution that is deemed to have originated the transaction under the HMDA Rule counts it for purposes of the loan-volume threshold. Comment 2(g)-5. See also comments 4(a)-2 through -4. For more information on how to determine whether an institution is deemed to have originated a transaction under the HMDA Rule, see Section 4.2.3. The HMDA Rule also includes a separate test to ensure that Financial Institutions that meet only the Closed-End Mortgage Loan threshold are not required to report their Open-End Lines of Credit, and that Financial Institutions that meet 24 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

only the Open-End Line of Credit threshold are not required to report their Closed-End Mortgage Loans. 12 CFR 1003.3(c)(11) and (12). For more information, see Section 4.1.2.
3.2 Exempt institutions
Regulation C provides that Financial Institutions may apply for an exemption from coverage, and the HMDA Rule does not change this provision. Specifically, the Bureau may exempt a State-chartered or State-licensed Financial Institution if the Bureau determines that the Financial Institution is subject to a State disclosure law that contains requirements substantially similar to those imposed by Regulation C and adequate enforcement provisions. Any Statelicensed or State-chartered Financial Institution or association of such institutions may apply to the Bureau for an exemption. An exempt institution shall submit the data required by State law to its State supervisory agency. 12 CFR 1003.3(a). A Financial Institution that loses its exemption must comply with Regulation C beginning with the calendar year following the year for which it last reported data under the State disclosure law. 12 CFR 1003.3(b). 25 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Transactional coverage
A Financial Institution is required to collect, record, and report information only for transactions that are subject to Regulation C. Effective January 1, 2018, the HMDA Rule changes the types of transactions that are subject to Regulation C. This guide uses the capitalized term Covered Loan to refer to a loan or line of credit that is subject to Regulation C, effective January 1, 2018. As of that date, a Financial Institution is required to collect, record, and report information only for a transaction that involves a Covered Loan, such as the origination or purchase of a Covered Loan. A Financial Institution can use Section 4.1 of this guide, below, for assistance in determining whether a transaction involves a Covered Loan. After a Financial Institution has determined that a transaction involves a Covered Loan, it can use Section 4.2 for assistance in determining whether the HMDA Rule requires it to collect, record, and report information related to the transaction. A Financial Institution can use
Section 4.3 to help it determine if a transaction that involves a Covered Loan is partially exempt
from some of the HMDA Rule’s requirements for collecting, recording, and reporting information.
4.1 Covered loans
A Covered Loan can be either a Closed-End Mortgage Loan or an Open-End Line of Credit (see
Section 4.1.1), but an Excluded Transaction cannot be a Covered Loan (see Section 4.1.2).
12 CFR 1003.2(e).
To determine if a transaction is subject to amended Regulation C, effective January 1, 2018, a Financial Institution should first determine whether the loan or line of credit involved in the transaction is either a Closed-End Mortgage Loan or an Open-End Line of Credit. See Section 26 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

4.1.1. If the loan or line of credit is neither a Closed-End Mortgage Loan nor an Open-End Line
of Credit, the transaction does not involve a Covered Loan, and the Financial Institution is not required to report the transaction. If the loan or line of credit is either a Closed-End Mortgage Loan or an Open-End Line of Credit, the Financial Institution must determine if the Closed-End Mortgage Loan or Open-End Line of Credit is an Excluded Transaction. See Section 4.1.2. If the Closed-End Mortgage Loan or an Open-End Line of Credit is an Excluded Transaction, it is not a Covered Loan, and the Financial Institution is not required to report the transaction. If the loan or line of credit is a Closed-End Mortgage Loan or an Open-End Line of Credit and is not an Excluded Transaction, the Financial Institution may be required to report information related to the transaction. See Sections 4.2 and 4.3.
4.1.1 Closed-end mortgage loans and open-end lines of
credit
A Closed-End Mortgage Loan is:
1. An extension of credit;
2. Secured by a lien on a Dwelling; and
3. Not an Open-End Line of Credit. 12 CFR 1003.2(d).
An Open-End Line of Credit is:
1. An extension of credit;
2. Secured by a lien on a Dwelling; and
3. An open-end credit plan for which:
a. The lender reasonably contemplates repeated transactions; b. The lender may impose a finance charge from time-to-time on an outstanding unpaid balance; and
c. The amount of credit that may be extended to the borrower during the term of the plan
(up to any limit set by the lender) is generally made available to the extent that any outstanding balance is repaid. 12 CFR 1003.2(o); 12 CFR 1026.2(a)(20). 27 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Financial Institutions may rely on Regulation Z, 12 CFR 1026.2(a)(20),8 and its official commentary when determining whether a transaction is extended under a plan for which the lender reasonably contemplates repeated transactions, the lender may impose a finance charge from time-to-time on an outstanding unpaid balance, and the amount of credit that may be extended to the borrower during the term of the plan is generally made available to the extent that any outstanding balance is repaid. A business-purpose transaction that is exempt from Regulation Z but is otherwise open-end credit under Regulation Z, 12 CFR 1026.2(a)(20), would be an Open-End Line of Credit under the HMDA Rule if it is an extension of credit secured by a lien on a Dwelling and is not an Excluded Transaction. Comment 2(o)-1.
4.1.1.1 Extension of credit
A closed-end loan or open-end line of credit is not a Closed-End Mortgage Loan or an Open-End Line of Credit under the HMDA Rule unless it involves an extension of credit. Depending on the facts and circumstances, some transactions completed pursuant to installment sales contracts, such as some land contracts, may not be Closed-End Mortgage Loans because no credit is extended. Comment 2(d)-2. Individual draws on an Open-End Line of Credit are not separate extensions of credit. Comment 2(o)-2. Under the HMDA Rule, an “extension of credit” generally requires a new debt obligation. Comment 2(d)-2. Thus, for example, a loan modification where the existing debt obligation is not satisfied and replaced is not generally a Covered Loan (i.e., Closed-End Mortgage Loan or Open-End Line of Credit) under the HMDA Rule. Except as described below, if a transaction modifies, renews, extends, or amends the terms of an existing debt obligation, but the existing debt obligation is not satisfied and replaced, the transaction is not a Covered Loan. It is important to note that the HMDA Rule defines the phrase “extension of credit” differently than Regulation B, 12 CFR part 1002.9 Comment 2(d)-2 and 2(o)-2. 8 Regulation Z, 12 CFR part 1026, implements the Truth in Lending Act. 9 Regulation B, 12 CFR part 1002, implements the Equal Credit Opportunity Act. 28 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

The HMDA Rule provides two narrow exceptions to the requirement that an “extension of credit” involve a new debt obligation. The exceptions are designed to capture transactions that the Bureau believes are substantially similar to new debt obligations and should be treated as such. First, the HMDA Rule maintains Regulation C’s coverage of loan assumptions, even if no new debt obligation is created. A loan assumption is a transaction in which a Financial Institution enters into a written agreement accepting a new borrower in place of an existing borrower as the obligor on an existing debt obligation. The HMDA Rule clarifies that, under Regulation C, assumptions include successor-in-interest transactions in which an individual succeeds the prior owner as the property owner and then assumes the existing debt secured by the property. Assumptions are extensions of credit under the HMDA Rule even if the new borrower merely assumes the existing debt obligation and no new debt obligation is created. Comment 2(d)-2.i. Second, the HMDA Rule provides that a transaction completed pursuant to a New York State consolidation, extension, and modification agreement and classified as a supplemental mortgage under New York Tax Law Section 255, such that the borrower owes reduced or no mortgage recording taxes, (New York CEMA) is an extension of credit under the HMDA Rule. However, the HMDA Rule also provides that certain transactions providing new funds that are consolidated into a New York CEMA are excluded from the HMDA reporting requirements. Comment 2(d)-2.ii. See Section 4.1.2 for additional information on the exclusion for certain transactions consolidated into a New York CEMA.
4.1.1.2 Secured by a lien on a dwelling
A loan is not a Closed-End Mortgage Loan and a line of credit is not an Open-End Line of Credit unless it is secured by a lien on a Dwelling. A Dwelling is a residential structure. There is no requirement that the structure be attached to real property or that it be the applicant’s or borrower’s residence. Examples of Dwellings include:

Principal residences;
Second homes and vacation homes;
Investment properties;
29 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0
Residential structures attached to real property;
Detached residential structures;
Individual condominium and cooperative units;
Manufactured Homes10 or other factory-built homes; and
Multifamily residential structures or communities, such as apartment buildings,
condominium complexes, cooperative buildings or housing complexes, and Manufactured Home communities. 12 CFR 1003.2(f); comments 2(f)-1 and -2. A Dwelling is not limited to a structure that has four or fewer units and includes a Multifamily Dwelling, which is a Dwelling that contains five or more individual dwelling units. A Multifamily Dwelling includes a Manufactured Home community. A loan is not secured by a Multifamily Dwelling for purposes of the HMDA Rule merely because it is secured by five or more individual units. In order for a loan to be secured by a Multifamily Dwelling, the Dwelling must contain five or more individual units. See comment 2(n)-3 for examples of when a loan is and is not secured by a Multifamily Dwelling. Examples: A landlord obtains a closed-end mortgage loan from a Financial Institution and uses the proceeds to improve five separate Dwellings, each with one individual unit, located in different parts of a town. The loan is secured by the five separate Dwellings, but is not secured by a Multifamily Dwelling. 10 A Manufactured Home is a residential structure that satisfies the definition of “manufactured home” in the U.S. Department of Housing and Urban Development’s (HUD’s) regulations, 24 CFR 3280.2, for establishing manufactured home construction and safety standards. 12 CFR 1003.2(l). A modular home or factory-built home that does not meet HUD’s regulations is not a Manufactured Home under the HMDA Rule. A Manufactured Home will generally bear a HUD Certification Label and data plate noting compliance with the Federal standards. Comment 2(l)-2. 30 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

An investor obtains a closed-end mortgage loan from a Financial Institution and uses the proceeds to purchase ten individual condominium units in a 100-unit condominium complex. The loan is secured by the ten individual units, but not by the entire condominium complex. The loan is secured by the ten separate Dwellings, but is not secured by a Multifamily Dwelling. A loan related to a Manufactured Home community is secured by a Dwelling even if it is not secured by any individual Manufactured Homes, but is secured only by the land that constitutes the Manufactured Home community. However, a loan related to a multifamily residential structure or community other than a Manufactured Home community is not secured by a Dwelling unless it is secured by one or more individual dwelling units. For example, a loan that is secured only by the common areas of a condominium complex or only by an assignment of rents from an apartment building is not secured by a Dwelling. Comment 2(f)-2. The following are not Dwellings:

Recreational vehicles, such as boats, campers, travel trailers, or park model recreational
vehicles;
Houseboats, floating homes, or mobile homes constructed before June 15, 1976;
Transitory residences, such as hotels, hospitals, college dormitories, or recreational
vehicle parks; and
Structures originally designed as a Dwelling but used exclusively for commercial
purposes, such as a home converted to a daycare facility or professional office. Comment 2(f)-3. A property that is used for both residential and commercial purposes, such as a building that has apartment and retail units, is a Dwelling if the property’s primary use is residential. Comment 2(f)-4. A property used for both long-term housing and to provide assisted living or supportive housing services is a Dwelling. However, transitory residences used to provide such services are not Dwellings. Properties used to provide medical care, such as skilled nursing, rehabilitation, or long-term medical care, are not Dwellings. If a property is used for long-term housing, to 31 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

provide related services (such as assisted living) and to provide medical care, the property is a Dwelling if its primary use is residential. Comment 2(f)-5. A Financial Institution may use any reasonable standard to determine a property’s primary use, such as square footage, income generated, or number of beds or units allocated for each use. It may select the standard on a case-by-case basis. Comments 2(f)-4 and -5.
4.1.2 Excluded transactions
Regulation C does not apply to transactions that are specifically excluded from coverage. 12 CFR 1003.3(c). Therefore, an Excluded Transaction is not a Covered Loan. The HMDA Rule retains and clarifies existing categories of transactions that are excluded from coverage. It also expands the existing exclusion for agricultural loans, and adds new categories of transactions that are excluded from coverage. Effective January 1, 2018, the following are Excluded Transactions:

A Closed-End Mortgage Loan or an Open-End Line of Credit that a Financial Institution
originates or purchases in a fiduciary capacity, such as a Closed-End Mortgage Loan or an Open-End Line of Credit that a Financial Institution originates or purchases as a trustee. 12 CFR 1003.3(c)(1); comment 3(c)(1).
A Closed-End Mortgage Loan or an Open-End Line of Credit secured by a lien on
unimproved land. 12 CFR 1003.3(c)(2). Generally, a loan or line of credit must be secured by a Dwelling to be a Covered Loan. The HMDA Rule also lists Closed-End Mortgage Loans and Open-End Lines of Credit secured only by vacant or unimproved land as Excluded Transactions. However, a loan or line of credit secured by a lien on unimproved land is deemed to be secured by a Dwelling (and might not be excluded) if the Financial Institution knows, based on information that it receives from the applicant or borrower at the time the Application is received or the credit decision is made, that the proceeds of that loan or credit line will be used within two years after closing or account opening to construct a Dwelling on, or to purchase a Dwelling to be placed on, the land. Comment 3(c)(2)-1. 32 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0
A Closed-End Mortgage Loan or an Open-End Line of Credit that is temporary financing. A
transaction is excluded as temporary financing if it is designed to be replaced by separate permanent financing extended to the same borrower at a later time. The separate permanent financing may be extended by any lender (i.e., by either the lender that extended the temporary financing or another lender). A construction-only loan or line of credit is considered temporary financing and excluded under the HMDA Rule if the loan or line of credit is extended to a person exclusively to construct a Dwelling for sale. Comment 3(c)(3)-2. Examples: Ficus Bank extends a bridge or swing loan to finance a borrower’s down payment for a home purchase. The borrower will pay off the bridge or swing loan with funds from the sale of his or her existing home and obtain permanent financing from Ficus Bank at that time. The bridge or swing loan is excluded as temporary financing. Ficus Bank extends a construction loan to a borrower to finance construction of the borrower’s Dwelling. The borrower will obtain a new extension of credit for permanent financing of the Dwelling from either Ficus Bank or another lender. Ficus Bank renews the construction loan several times before the borrower obtains a new extension of credit from another lender for permanent financing. The construction loan is excluded as temporary financing. Ficus Bank extends a construction loan to a borrower to finance construction of the borrower’s Dwelling. The construction loan will automatically convert to permanent financing after the construction phase is complete. The construction loan is not temporary financing because it is not designed to be “replaced by” separate permanent financing. Ficus Bank extends a nine-month loan to an investor, who uses the loan proceeds to purchase a home, renovate it, and sell it before the loan term expires. The loan is not temporary financing because it is not designed to be “replaced by” separate permanent financing.
The purchase of an interest in a pool of Closed-End Mortgage Loans or Open-End Lines of
Credit, such as mortgage-participation certificates, mortgage-backed securities, or real estate mortgage investment conduits. 12 CFR 1003.3(c)(4); comment 3(c)(4)-1. 33 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0
The purchase solely of the right to service Closed-End Mortgage Loans or Open-End Lines of
Credit. 12 CFR 1003.3(c)(5).
The purchase of a Closed-End Mortgage Loan or an Open-End Line of Credit as part of a
merger or acquisition or as part of the acquisition of all of a Branch Office’s assets and liabilities. 12 CFR 1003.3(c)(6); comment 3(c)(6)-1. For more information on mergers and acquisitions under the HMDA Rule, see Section 8.
A Closed-End Mortgage Loan or an Open-End Line of Credit, or an Application for a ClosedEnd Mortgage Loan or Open-End Line of Credit, for which the total dollar amount is less
than $500. 12 CFR 1003.3(c)(7).
The purchase of a partial interest in a Closed-End Mortgage Loan or an Open-End Line of
Credit. 12 CFR 1003.3(c)(8); comment 3(c)(8)-1.
A Closed-End Mortgage Loan or an Open-End Line of Credit if the proceeds are used
primarily for agricultural purposes or if the Closed-End Mortgage Loan or Open-End Line of Credit is secured by a Dwelling that is located on real property that is used primarily for agricultural purposes. 12 CFR 1003.3(c)(9); comment 3(c)(9)-1. The HMDA Rule directs Financial Institutions to Regulation Z’s official commentary for guidance on what is an agricultural purpose. Regulation Z’s official commentary states that agricultural purposes include planting, propagating, nurturing, harvesting, catching, storing, exhibiting, marketing, transporting, processing, or manufacturing food, beverages, flowers, trees, livestock, poultry, bees, wildlife, fish or shellfish by a natural person engaged in farming, fishing, or growing crops, flowers, trees, livestock, poultry, bees or wildlife. See comment 3(a)-8 in the official interpretations of Regulation Z, 12 CFR part 1026. A Financial Institution may use any reasonable standard to determine the primary use of the property, and may select the standard to apply on a case-by-case basis. Comment 3(c)(9)-1.
A Closed-End Mortgage Loan or an Open-End Line of Credit that is or will be made
primarily for business or commercial purposes, unless it is a Home Improvement Loan, a Home Purchase Loan, or a Refinancing. 12 CFR 1003.3(c)(10). Not all transactions that are primarily for a business purpose are Excluded Transactions. Thus, a Financial Institution must collect, record, and report data for Dwelling-secured, business-purpose loans and lines of credit that are Home Improvement Loans, Home Purchase Loans, or Refinancings if no other exclusion applies. For more information on determining whether a loan or line of credit is a Home Purchase Loan, Home Improvement Loan, or Refinancing, see Section 5.7. The HMDA Rule provides that, if a Closed-End Mortgage Loan or an Open-End Line of

Credit is deemed to be primarily for a business, commercial, or organizational purposes 34 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

under Regulation Z, 12 CFR 1026.3(a) and its official commentary, then the loan or line of credit also is deemed to be primarily for a business or commercial purpose under the HMDA Rule. Comment 3(c)(10)-2. For more information and examples of business-purpose or commercial-purpose transactions that are Covered Loans, see comment 3(c)(10)-3 and -4.
11. A Closed-End Mortgage Loan if the Financial Institution originated fewer than 25 ClosedEnd Mortgage Loans in either of the two preceding calendar years. 12 CFR 1003.3(c)(11);
comment 3(c)(11)-1. A Financial Institution is not required to collect, record, or report Closed-End Mortgage Loans if it originated fewer than 25 of them in either of the two preceding calendar years. However, the Financial Institution may still be required to collect and report information regarding Open-End Lines of Credit, depending on the number of Open-End Lines of Credit it originates in the preceding two calendar years. For more information on how to determine if a Financial Institution “originated” a particular loan when multiple entities are involved in the transaction, see Section 4.2.3. A Financial Institution may report applications for, originations of, and purchases of ClosedEnd Mortgage Loans that are excluded transactions under 12 CFR 1003.3(c)(11). However a Financial Institution that chooses to report such excluded applications, originations, and purchases must report all such applications it received for Closed-End Mortgage Loans, all Closed-End Mortgage Loans it originates, and all Closed-End Mortgage Loans it purchases that would otherwise be Covered Loans for a given calendar year. 12 CFR 1003.3(c)(11). Effective January 1, 2018, Regulation B permits a Financial Institution to collect information regarding the ethnicity, race, and sex of an applicant for a Closed-End Mortgage Loan that is an excluded transaction under 12 CFR 1003.3(c)(11), if the Financial Institution submits HMDA data concerning such Closed-End Mortgage Loans and applications or if it submitted such HMDA data for any of the preceding five calendar years. See the final rule issued on September 20, 2017.
12. An Open-End Line of Credit if the
number of Open-End Lines of Credit that the Financial Institution originated in either of the two preceding calendar years does not meet or exceed the applicable threshold. 12 CFR 1003.3(c)(12); comment 3(c)(12)-1. Effective January 1, When an institution determines whether it meets the loan-volume thresholds, it does not count transactions excluded by 12 CFR 1003.3(c)(1) through (10) and (13). 12 CFR 1003.2(g)(2)(ii). These Excluded Transactions are discussed in this
Section 4.1.2 in paragraphs 1 through 10 and
paragraph 13. When determining if it meets the loan-volume thresholds, a Financial Institution only counts Closed-End Mortgage Loans or Open-End Lines of Credit, as applicable, that it originated. 35 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

2018 until December 31, 2021, the applicable threshold is 500 Open-End Lines of Credit. During this time period, a Financial Institution is not required to collect, record, or report Open-End Lines of Credit if it originated fewer than 500 of them in either of the two preceding calendar years. Effective January 1, 2022, the applicable threshold will be 100 Open-End Lines of Credit. Effective January 1, 2022, a Financial Institution is not required to collect, record, or report Open-End Lines of Credit if it originated fewer than 100 of them in either of the two preceding calendar years. Comment 3(c)(12)-1. However, the Financial Institution will still be required to collect and report information regarding Closed-End Mortgage Loans if it originated at least 25 of them in each of the two preceding calendar years. For more information on how to determine if a Financial Institution “originated” a particular line of credit when multiple entities are involved in the transaction, see Section 4.2.3. A Financial Institution may report applications for, originations of, or purchases of OpenEnd Lines of Credit that are excluded transactions under 12 CFR 1003.3(c)(12). However, a Financial Institution that chooses to report such excluded applications, originations, or purchases must report all applications for Open-End Lines of Credit that it receives, all Open-End Lines of Credit it originates, and all Open-End Lines of Credit it purchases that would otherwise be Covered Loans for a given calendar year. 12 CFR 1003.3(c)(12); comment 3(c)(12)-2. Effective January 1, 2018, Regulation B permits a Financial Institution to collect information regarding the ethnicity, race, and sex of an applicant for an Open-End Line of Credit that is an excluded transaction under 12 CFR 1003.3(c)(12), if it submits HMDA data concerning such Open-End Lines of Credits and applications or if it submitted such HMDA data for any of the preceding five calendar years. See the final rule issued on September 20 2017.
13. A transaction that provided (or, in the case of an application, proposed to provide) new
funds to the borrower in advance of being consolidated in a New York CEMA classified as a supplemental mortgage under New York Tax Law section 255. However, the transaction is excluded only if final action on the consolidation was taken in the same calendar year as the final action on the new funds transaction. 12 CFR 1003.3(13). Additionally, the transaction is excluded only if, at the time that it originated the transaction providing the new funds, the Financial Institution intended to consolidate the loan into a New York CEMA. This exclusion does not apply to similar preliminary transactions that are consolidated pursuant to laws other than New York Tax Law section 255. Such preliminary transactions under other laws must be reported if they are Covered Loans and are not subject to another exclusion. Comment 3(c)(13)-1. 36 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

New funds provided in advance of being consolidated into a New York CEMA classified as a supplemental mortgage under New York Tax Law section 255 are reported only insofar as they form part of the total amount of the reported New York CEMA. They are not reported as a separate amount. If a New York CEMA that consolidates an excluded preliminary transaction is carried out in a transaction involving an assumption, the Financial Institution reports the New York CEMA and does not report the preliminary transaction separately. Comment 3(c)(13)-1.
4.2 Reportable activity
Once a Financial Institution has determined whether a transaction involves a Covered Loan, it must determine whether it has engaged in activity that obligates it to report information about the transaction. Generally, a Financial Institution is required to report information for actions taken on Applications (as that term is defined below) for Covered Loans, originations of Covered Loans, and purchases of Covered Loans. If a Financial Institution receives an Application and that Application results in the Financial Institution originating a Covered Loan, the Financial Institution reports the origination of the Covered Loan, and does not separately report the Application. For more information on when to report information regarding Applications and Covered Loans, see Sections 4.2.1 and 4.2.2. There are special rules that apply if multiple entities are involved in the transaction. These special rules are discussed in Section 4.2.3. There are also partial exemptions that reduce the amount of information that certain Financial Institutions are required to report for a transaction involving a Covered Loan (i.e., an Application for, an origination of, or a purchase of a Covered Loan). These partial exemptions are discussed in Section 4.3.
4.2.1 Applications
For purposes of the HMDA Rule, an Application is: (a) an oral or written request (b) for a Covered Loan (c) that is made in accordance with procedures the Financial Institution uses for the type of credit requested. 12 CFR 1003.2(b)(1). 37 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

This definition of Application is similar to the Regulation B definition, except that prequalification requests11 are not Applications under the HMDA Rule. Interpretations that appear in the official commentary to Regulation B are generally applicable to the definition of Application under the HMDA Rule, except for those interpretations that include a prequalification request within the definition of Application. Comment 2(b)-1. Under the HMDA Rule, a request for a preapproval may be treated differently than a request for a prequalification for certain types of loans. The determination of whether a request is a prequalification request (which is not an Application) or a preapproval request (which might be an Application) is based on the HMDA Rule, not on the labels that an institution uses or interpretations of other regulations, such as Regulation B. A preapproval request is an Application under the HMDA Rule if the request is:

For a Home Purchase Loan;
Not secured by a Multifamily Dwelling;
Not for an Open-End Line Credit or for a Reverse Mortgage;12 and
Reviewed under a Preapproval Program (see definition of Preapproval Program

immediately below). 12 CFR 1003.2(b)(2).

A Preapproval Program for purposes of the HMDA Rule is a program in which the Financial Institution:
11 Generally, a prequalification request is a request (other than a preapproval request) by a prospective loan applicant for a preliminary determination of whether the prospective loan applicant would likely qualify for credit under the Financial Institution’s standards, or for a determination of the amount of credit for which the prospective applicant would likely qualify. The HMDA Rule does not require a Financial Institution to report prequalification requests, even though these requests may constitute “applications” under Regulation B. Comment 2(b)-2. 12 A Reverse Mortgage is a Closed-End Mortgage Loan or an Open-End Line of Credit that is a reverse mortgage transaction as defined in Regulation Z, but without regard to whether the loan or line is secured by a principal dwelling. 12 CFR 1003.2(q). 38 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

1. Conducts a comprehensive analysis of the applicant’s creditworthiness (including income
verification), resources, and other matters typically reviewed as part of the Financial Institution’s normal credit evaluation program; and then
2. Issues a written commitment that: (a) is for a Home Purchase Loan; (b) is valid for a
designated period of time and up to a specified amount, and (c) is subject only to specifically permitted conditions. 12 CFR 1003.2(b)(2). The written commitment issued as part of the Preapproval Program can be subject to only the following types of conditions:
1. Conditions that require the identification of a suitable property;
2. Conditions that require that no material change occur regarding the applicant’s financial
condition or creditworthiness prior to closing; and
3. Limited conditions that (a) are not related to the applicant’s financial condition or
creditworthiness and (b) the Financial Institution ordinarily attaches to a traditional home mortgage application. Examples of conditions ordinarily attached to a traditional home mortgage application include requiring an acceptable title insurance binder or a certificate indicating clear termite inspection and, if the applicant plans to use the proceeds from the sale of the applicant’s present home to purchase a new home, a settlement statement showing adequate proceeds from the sale of the present home. 12 CFR 1003.2(b)(2); comment 2(b)-3. A program that a Financial Institution describes as a “preapproval program” but that does not satisfy the HMDA Rule definition is not a Preapproval Program for purposes of the HMDA Rule. Comment 2(b)-3. If a Financial Institution does not regularly use procedures to consider requests but instead considers requests on an ad hoc basis, the Financial Institution is not required to treat the ad hoc requests as having been reviewed under a Preapproval Program. However, a Financial Institution should be generally consistent in following uniform procedures for considering such ad hoc requests. Comment 2(b)-3. Under the HMDA Rule, a Financial Institution must collect, record, and report data regarding an Application it receives if: (1) the Application did not result in the Financial Institution originating a Covered Loan; and (2) the Financial Institution took action on the Application or the applicant withdrew the Application while the Financial Institution was reviewing it. For 39 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

example, a Financial Institution reports information regarding an Application that it denied, that it approved but the applicant did not accept, or that it closed for incompleteness. 12 CFR 1003.4(a) and 1003.5(a); comment 4(a)-1. If the Application results in the Financial Institution originating a Covered Loan, the Financial Institution reports the Covered Loan, not the Application itself. For more information on reporting Applications when multiple entities are involved, see Section 4.2.3. Although requests under Preapproval Programs are Applications, a Financial Institution reports data regarding a request under a Preapproval Program only if the preapproval request is denied or approved but not accepted. A Financial Institution will also report a request under a Preapproval Program that results in the Financial Institution originating a Home Purchase Loan, but it will be reported as an originated Covered Loan. Comment 4(a)-1.ii. A Financial Institution reports the data for an Application, including a reportable preapproval request, on the LAR for the calendar year during which it takes action even if the Financial Institution received the Application in a previous calendar year. Comment 4(a)-1.iv.
4.2.2 Originations and purchases of covered loans
A Financial Institution must collect, record, and report information regarding originations and purchases of Covered Loans. For more information on when a Financial Institution reports the origination or purchase of a Covered Loan when multiple entities are involved, see Section 4.2.3. A purchase includes a repurchase of a Covered Loan, regardless of whether the Financial Institution chose to repurchase the Covered Loan or was required to repurchase it because of a contractual obligation, and regardless of whether the repurchase occurred within the same calendar year that the Covered Loan was originated or in a different calendar year. Comment 4(a)-5. A purchase does not include a temporary transfer of a Covered Loan to an interim funder or warehouse creditor as part of an interim funding agreement under which the Financial Institution that originated the Covered Loan is obligated to repurchase it for sale to a subsequent investor. Such funding agreements are often referred to as “repurchase agreements” and are sometimes used as the functional equivalents of warehouse lines of credit. Comment 4(a)-5. 40 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

4.2.3 Transactions involving multiple entities
Only one Financial Institution reports the origination of a Covered Loan. If more than one institution is involved in the origination of a Covered Loan, the institution that makes the credit decision approving the Application before loan closing or account opening is responsible for reporting the origination of the Covered Loan. It is not relevant whether the loan closed in the reporting Financial Institution’s name. If more than one institution approved an Application prior to loan closing or account opening and one of those institutions purchased the Covered Loan after closing or account opening, the institution that purchased the Covered Loan after closing or account opening is responsible for reporting the origination of the Covered Loan. Comment 4(a)-2. If a Financial Institution reports a Covered Loan as an origination, it reports all of the information required to be reported for the origination of a Covered Loan, even if the Covered Loan was not initially payable to the Financial Institution that is reporting the Covered Loan as an origination. Comment 4(a)-2. When reporting a Covered Loan as an origination, a Financial Institution cannot rely on exceptions or exclusions that apply to purchased Covered Loans, but that do not apply to originations of Covered Loans. If a Financial Institution and other parties review the same Application and the Financial Institution is not responsible for reporting the origination of the resulting Covered Loan, the Financial Institution reports the actions that the Financial Institution took on the Application. For example, the Financial Institution is still required to report the Application if the Financial Institution denied the Application or if the Financial Institution approved the Application but the applicant did not accept the loan. The Financial Institution is also required to report the Application if the Financial Institution was reviewing the Application when it was withdrawn or the file was closed for incompleteness. Comment 4(a)-2.ii. If a Financial Institution makes a credit decision on a Covered Loan or Application through the actions of an agent, the Financial Institution reports the Application or Covered Loan. State law determines whether one party is the agent of another party. Comment 4(a)-4. The following examples illustrate when a Financial Institution reports certain transactions related to Covered Loans involving multiple entities. 41 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Examples: Ficus Bank receives an Application for a Covered Loan from an applicant and forwards that Application to Pine Bank, which reviews and approves the Application prior to closing. The loan closes in Ficus Bank’s name. Pine Bank purchases the loan from Ficus Bank after closing. Pine Bank is not acting as Ficus Bank’s agent when it reviews and approves the Application. Because Pine Bank made the credit decision prior to closing, Pine Bank reports the transaction as an originated Covered Loan, not as a purchased Covered Loan. Ficus Bank does not report the transaction. Ficus Mortgage Company receives an Application for a Covered Loan from an applicant and forwards that Application to Pine Bank, which reviews and denies the Application before the loan would have closed. Pine Bank is not acting as Ficus Mortgage Company’s agent when it reviews and denies the Application. Because Pine Bank makes the credit decision, Pine Bank reports the Application as denied. Ficus Mortgage Company does not report the Application. If, under the same facts, the Application is withdrawn before Pine Bank makes a credit decision, Pine Bank reports the Application as withdrawn, and Ficus Mortgage Company does not report the Application. Ficus Bank receives an Application for a Covered Loan from an applicant and approves the Application. Ficus Bank closes the loan in its name. Ficus Bank is not acting as Pine Bank’s agent when it approves the Application or closes the loan. Pine Bank does not review the Application before closing. Pine Bank purchases the Covered Loan from Ficus Bank. Ficus Bank reports the loan as an originated Covered Loan. Pine Bank reports the loan as a purchased Covered Loan. Pine Bank reviews an Application and makes a credit decision to approve a Covered Loan using the underwriting criteria provided by Ficus Mortgage Company. Pine Bank is not acting as Ficus Mortgage Company’s agent, and no one acting on behalf of Ficus Mortgage Company reviews the Application or makes a credit decision prior to closing. Pine Bank reports the Application or, if the Application results in a Covered Loan, it reports the loan as an originated Covered Loan. If the Application results in a Covered Loan and Ficus Mortgage Company purchases it after closing, Ficus Mortgage Company reports the loan as a purchased Covered Loan. 42 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Examples (cont’d): Ficus Bank receives an Application for a Covered Loan and forwards it to Aspen Bank and Pine Bank. Ficus Bank makes a credit decision, acting as Elm Bank’s agent, and approves the Application. Pine Bank makes a credit decision and denies the Application. Aspen Bank makes a credit decision approving the Application. The applicant does not accept the loan from Elm Bank. The applicant accepts the loan from Aspen Bank and credit is extended. Aspen Bank reports the loan as an originated Covered Loan. Pine Bank reports the Application as denied. Elm Bank reports the Application as approved but not accepted. Ficus Bank does not report the Application.
4.3 Partial exemptions
The 2018 Act created partial exemptions from some of the HMDA Rule’s requirements. Only certain Financial Institutions are eligible for these partial exemptions, and only certain Covered Loans and Applications are covered under each of the two partial exemptions. If a Covered Loan or Application is covered by a partial exemption, the Financial Institution is not required to collect, record, and report specific data points. The partial exemptions were effective May 24, 2018, and apply to the collection, recording, and reporting of HMDA data on or after that date. As discussed in Section 4.3.1, only a Financial Institution that is an insured credit union or an insured depository institution is eligible for the partial exemptions. Additionally, as discussed in Section 4.3.1., an insured depository institution must not have a less than satisfactory examination history under the Community Reinvestment Act (CRA) to be eligible for the partial exemptions. Because the partial exemptions were not effective at the beginning of 2018, it is possible that a Financial Institution may have collected and recorded information that it was not required to report with its 2018 HMDA data. If a Financial Institution that is eligible for a partial exemption collected and recorded data points that it is not required to report due to a partial exemption, the institution may choose to report all, some, or none of those data points for a Covered Loan or Application covered by a partial exemption. If the institution opts to voluntarily report a data point for a transaction covered by a partial exemption, it must report all data fields that are part of that data point. 43 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

As discussed in Section 4.3.2, each of the partial exemptions applies only to certain Covered Loans and Applications and only if an applicable loan-volume threshold is met. An insured depository institution or insured credit union must meet the applicable loan-volume threshold for Closed-End Mortgage Loans in order for a partial exemption to apply to its Closed-End Mortgage Loan transactions, and the applicable loan-volume threshold for Open-End Lines of Credit in order for a partial exemption to apply to its Open-End Line of Credit transactions. The 2018 Act created partial exemptions, not complete exclusions. Therefore, if a Covered Loan or Application is covered by a partial exemption, the Financial Institution is required to collect, record, and report 22 data points, but is exempt from collecting, recording, and reporting 26 data points for that transaction. Additionally, the Financial Institution may voluntarily report any or all of these 26 data points for a Covered Loan or Application covered by a partial exemption. Section 4.3.3 discusses the scope of the partial exemptions and includes tables that list the data points that are and are not required to be collected, recorded, and reported if a partial exemption applies to a Covered Loan or Application.
4.3.1 Eligible Financial Institutions
In order to be eligible for a partial exemption, a Financial Institution must be an:
1. “Insured credit union” as defined in Section 101 of the Federal Credit Union Act, 12
U.S.C. 1752; or
2. “Insured depository institution” as defined in Section 3 of the Federal Deposit Insurance
Act, 12 U.S.C. 1813. 12 C.F.R. 1003.3(d)(1)(i) and (ii).
Additionally, a Financial Institution that satisfies the definition of “insured depository institution” must not have a negative CRA examination history in order to be eligible for a partial exemption. More specifically, an insured depository institution must not have received either of the following:
1. A rating of “need to improve record of meeting community credit needs” during each of
its two most recent examinations under Section 807(b)(2) of the CRA; or
2. A rating of “substantial noncompliance in meeting community credit needs” on its most
recent examination under Section 807(b)(2) of the CRA.
44 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

The CRA ratings used to determine if an insured depository institution is eligible for a partial exemption are the institution’s two most recent ratings as of December 31 of the preceding year. A Financial Institution that does not satisfy either the definition of an “insured credit union” or an “insured depository institution” may not rely on either of the partial exemptions, even if it satisfies the loan-volume thresholds discussed in Section 4.3.2. Similarly, an insured depository institution that does not satisfy the criteria regarding CRA examination history cannot rely on either of the partial exemptions.
4.3.2 Loan-volume thresholds
In order for a partial exemption to apply to an Application or Covered Loan (including a purchased Covered Loan), an eligible Financial Institution (i.e., an insured depository institution that does not have a negative CRA examination history or an insured credit union) must also meet the applicable loan-volume threshold. A partial exemption applies to an eligible Financial Institution’s Applications for, originations of, and purchases of ClosedEnd Mortgage Loans if the institution originated fewer than 500 Closed-End Mortgage Loans in each of the two preceding calendar years. A partial exemption applies to an eligible Financial Institution’s Applications for, originations of, and purchases of Open-End Lines of Credit if the institution originated fewer than 500 Open-End Lines of Credit in each of the two preceding calendar years. However, during 2018, 2019, 2020, and 2021, a Financial Institution is not required to collect or report any information for Open-End Lines of Credit if the institution originated fewer than 500 OpenEnd Lines of Credit during either of the two preceding calendar years. This is because, during 2018, 2019, 2020, and 2021, Open-End Lines of Credit are Excluded Transactions for a Financial Institution that originated fewer than 500 of them during either of the two preceding calendar years. See the discussion regarding Excluded Transactions in Section 4.1.2. When a Financial Institution determines whether it meets the loan-volume thresholds, it does not count transactions excluded by 12 CFR 1003.3(c)(1) through (10) and (13). 12 CFR 1003.2(g)(2)(ii). These Excluded Transactions are discussed in
Section 4.1.2 in paragraphs 1 through 10 and
paragraph 13. When determining if it meets either of the loan-volume thresholds, a Financial Institution only counts Closed-End Mortgage Loans or Open-End Lines of Credit, as applicable, that it originated. 45 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

The partial exemption for Closed-End Mortgage Loans and the partial exemption for Open-End Lines of Credit operate independently of one another. Thus, in a given calendar year, an eligible Financial Institution may be able to rely on one partial exemption but not the other. Example: Ficus Bank is an insured depository institution as defined in Section 3 of the Federal Deposit Insurance Act, and it received satisfactory ratings in its two most recent CRA examinations as of December 31, 2017. In 2016, Ficus Bank originated 400 ClosedEnd Mortgage Loans and 510 Open-End Lines of Credit. In 2017, Ficus Bank originated 490 Closed-End Mortgage Loans and 515 Open-End Lines of Credit. In 2018, a partial exemption applies to Ficus Bank’s Closed-End Mortgage Loan transactions, but a partial exemption does not apply to Ficus Bank’s Open-End Line of Credit transactions. Additionally, because Ficus Bank originated at least 500 Open-End Lines of Credit in both 2016 and 2017, Ficus Bank cannot exclude Open-End Lines of Credit from its reportable transactions in 2018 (i.e., they are not Excluded Transactions as discussed in
Section 4.1.2).
4.3.3 Collecting, recording, and reporting for transactions
covered by a partial exemption
If a partial exemption applies to a Covered Loan or Application (as discussed above), the HMDA Rule does not require the Financial Institution to collect, record, and report some of the data points that the HMDA Rule would otherwise require the institution to collect, record, and report for that transaction. More specifically, if a partial exemption applies to a Covered Loan or Application, a Financial Institution is not required under the HMDA Rule to collect, record, or report the 26 data points listed in the table immediately below. 46 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Data Points Eligible Financial Institutions Need Not Collect or Report under the HMDA Rule For Transactions Covered by a Partial Exemption

Universal Loan Identifier (ULI) (1003.4(a)(1)(i))13
Application Channel (1003.4(a)(33))
Loan Term (1003.4(a)(25))
Reasons for Denial (1003.4(a)(16))14
Property Address (1003.4(a)(9)(i))
Manufactured Home Secured Property Type (1003.4(a)(29))
Manufactured Home Land Property Interest (1003.4(a)(30))
Property Value (1003.4(a)(28))
Multifamily Affordable Units (1003.4(a)(32))
Debt-to-Income Ratio (1003.4(a)(23))
Combined Loan-to-Value Ratio (1003.4(a)(24))
Credit Score (1003.4(a)(15))
Automated Underwriting System (1003.4(a)(35))
Interest Rate (1003.4(a)(21))
Introductory Rate Period (1003.4(a)(26))
Rate Spread (1003.4(a)(12))
Non-Amortizing Features (1003.4(a)(27))
Total Loan Costs or Total Points and Fees (1003.4(a)(17))
Origination Charges (1003.4(a)(18))
Discount Points (1003.4(a)(19))
Lender Credits (1003.4(a)(20))
Prepayment Penalty Term (1003.4(a)(22))
Reverse Mortgage Flag (1003.4(a)(36))
Open-End Line of Credit Flag (1003.4(a)(37))
Business or Commercial Purpose Flag (1003.4(a)(38))
Mortgage Loan Originator Identifier (1003.4(a)(34))
13 If the Financial Institution chooses not to report a ULI for a Covered Loan or Application covered by a partial exemption, it must report a non-universal loan identifier as discussed in Section 5.2. 14 Certain Financial Institutions supervised by the OCC and the FDIC are required by those agencies to report reasons for denial on their HMDA loan/application registers, even if a partial exemption applies. 12 CFR 27.3(a)(1)(i), 128.6, 390.147. 47 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

A Financial Institution may opt to collect, record, and report one or more of these 26 data points for a Covered Loan or Application that is covered by a partial exemption. Seven of these 26 data points (i.e., property address, credit score, reasons for denial, total loan costs or total points and fees, non-amortizing features, application channel, and automated underwriting system) have multiple data fields. If a Financial Institution opts to report a data point with multiple fields, it must report all of the data fields that make up that data point. Property address is one of the data points that a Financial Institution is not required to report if a partial exemption applies to a transaction. If a partial exemption applies to a Covered Loan or Application, an institution may report state for the transaction without reporting the other data fields that make up the property address data point (i.e., street address, city, and zip code). Comment 3(d)(4)(i)-1. Example: Ficus Bank originates a Covered Loan. A partial exemption applies to the Covered Loan, but Ficus Bank opts to report that the Covered Loan does not have a balloon payment. Balloon payment is one of the data fields for the non-amortizing features data point. The other data fields that make up the non-amortizing features data point are interest-only payments, negative amortization, and other non-amortizing features. Because Ficus Bank chose to report the balloon payment data field, Ficus Bank must also report whether the Covered Loan has interest-only payments, negative amortization, and other non-amortizing features. If a Financial Institution opts not to report a Universal Loan Identifier (ULI) for a Covered Loan or Application that is covered by a partial exemption, the institution must provide a nonuniversal loan identifier as discussed in Section 5.2. If a Financial Institution opts not to report one of the 26 data points other than the ULI, the Financial Institution generally reports that the Covered Loan or Application is exempt from that data point. However, if a data point is not applicable to the particular transaction and the transaction is exempt from that data point, the Financial Institution may choose to report either that the data point is not applicable or that the transaction is exempt from the data point. 48 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Example: Ficus Bank originates a Covered Loan. The sole applicant for the Covered Loan is not a natural person. Because the applicant is not a natural person, Ficus Bank would report the debt-to-income ratio data point as not applicable, unless a partial exemption applies to the Covered Loan. If a partial exemption applies to the Covered Loan, Ficus Bank could report either “not applicable” or “exempt” for the debt-to-income ratio data point. If a Covered Loan or Application is covered by a partial exemption, a Financial Institution must collect, record, and report 22 data points for the Covered Loan or Application. These 22 data points are set forth in the following table.

Ethnicity (1003.4(a)(10)(i))
Race (1003.4(a)(10)(i))
Sex (1003.4(a)(10)(i))
Age (1003.4(a)(10)(ii))
Income (1003.4(a)(10)(iii))
Legal Entity Identifier (LEI) (1003.5(a)(3))
Application Date (1003.4(a)(1)(ii)
Preapproval (1003.4(a)(4))
Loan Type (1003.4(a)(2))
Loan Purpose (1003.4(a)(3))
Loan Amount (1003.4(a)(7))
Action Taken (1003.4(a)(8)(i))
Action Taken Date (1003.4(a)(8)(ii))
State (1003.4(a)(9)(ii)(A))
County (1003.4(a)(9)(ii)(B))
Census Tract (1003.4(a)(9)(ii)(C))
Construction Method (1003.4(a)(5))
Occupancy Type (1003.4(a)(6)
Lien Status (1003.4(a)(14))
Number of Units (1003.4(a)(31))
HOEPA Status (1003.4(a)(13))
Type of Purchaser (1003.4(a)(11))
49 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0 Data Points That Must be Collected and Reported under the HMDA Rule for Covered Loans and Applications Covered by a Partial Exemption

Because the partial exemptions do not affect these 22 data points, Financial Institutions must continue to collect and report these 22 data points for Covered Loans and Applications in the manner specified in the 2015 HMDA Rule, as amended and clarified by the 2017 HMDA Rule. As discussed above, during 2018,2019, 2020, and 2021, a Financial Institution is not required to collect or report any information for Open-End Lines of Credit if the institution originated fewer than 500 of them during either of the two preceding calendar years. See the discussion regarding Excluded Transactions in Section 4.1.2. For more information on reporting data points if a Covered Loan or Application is covered by a partial exemption, see Section 5 of this guide and the Filing Instructions Guide that incorporates the 2018 HMDA Rule available at http://www.consumerfinance.gov/data-research/hmda/forfilers. 50 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Reportable data
The HMDA Rule changes the data that must be collected, recorded, and reported for Covered Loans and Applications. Effective January 1, 2018, it modifies some existing data points and adds new data points. 12 CFR 1003.4. Effective May 24, 2018, a Financial Institution is not required to collect, record, or report some of the data points under the HMDA Rule for Covered Loans and Applications covered by a partial exemption. The partial exemptions, including the data points that need not be collected, recorded, or reported for a Covered Loan or Application covered by a partial exemption, are discussed in Section 4.3. Unless a partial exemption applies, a Financial Institution collects, records, and reports the new and modified data points under the HMDA Rule for Applications and Covered Loans on which final action is taken on or after January 1, 2018. A Financial Institution collects, records, and reports the new and modified data points, to the extent that they apply to purchased loans, for purchases of Covered Loans that occur on or after January 1, 2018. If a partial exemption applies to a Covered Loan or Application, the Financial Institution is not required to collect, record, or report 26 data points for that transaction as described in Section
4.3.3. It must collect, record, and report the remaining 22 data points as required under the
HMDA Rule and as discussed in Section 4.3.3.
This section describes the HMDA Rule’s reportable data points and provides guidance on how to report them. For more information on reporting Covered Loans and Applications covered by a partial exemption, see Section 4.3.3. Additional instructions for reporting data points are available in the Filing Instructions Guides at http://www.consumerfinance.gov/dataresearch/hmda/for-filers. 51 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

5.1 Applicant information
A Financial Institution must report information about ethnicity, race, and sex for applicants who are natural persons. Appendix B to Regulation C provides instructions on how to collect ethnicity, race, and sex information. The HMDA Rule modifies the requirements for collecting and reporting an applicant’s ethnicity, race, and sex and requires that the applicant’s age be collected and reported. Financial Institutions will continue to collect and report income. The HMDA Rule amends the instructions in appendix B and provides a new sample data collection form.
5.1.1 Collection
The instructions in appendix B to the HMDA Rule require a Financial Institution:

To ask an applicant for ethnicity, race, and sex information regardless of whether the
Application is taken in person, by mail, by telephone, or on the internet. A Financial Institution cannot require the applicant to provide this information. When a Financial Institution requests ethnicity and race information from an applicant under the HMDA Rule, it must offer the applicant the option of selecting more than one ethnicity and race and must permit the applicant to self-identify using aggregate categories and disaggregated subcategories. When a Financial Institution requests the applicant’s ethnicity and race, the aggregate categories must be broken down into disaggregated subcategories. For example, the aggregate category of Hispanic or Latino must be broken down into the subcategories of Mexican, Puerto Rican, Cuban, or Other Hispanic or Latino. Similarly, the Asian and Native Hawaiian or Other Pacific Islander categories also must be broken down into their respective disaggregated subcategories. An applicant must be permitted to select one or more race or ethnicity subcategories even if the applicant has not selected a race or ethnicity aggregate category. For example, an applicant could select Mexican even if the applicant has not selected Hispanic or Latino. The applicant must also be permitted to provide certain additional information. For example, an applicant must be permitted to provide a particular Hispanic or Latino ethnicity that is not provided on the collection form. An applicant must be permitted to provide this information even if the applicant has not selected the Other Hispanic or Latino category. Similarly, the applicant must be permitted to provide a particular Asian race or a particular Pacific Islander race that is not provided on the collection form. An applicant must be 52 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

permitted to provide this information even if the applicant has not selected the Other Asian or Other Pacific Islander category. An applicant must also be permitted to provide a particular American Indian or Alaska Native enrolled or principal tribe even if the applicant has not selected the American Indian or Alaska Native race category. Appendix B to
Part 1003.
For an illustration of the information that a Financial Institution must ask about an applicant’s ethnicity, race, and sex, see the sample data collection form in Attachment A.
2. To inform the applicant that: (a) Federal law requires the information be collected in order
to protect consumers and to monitor compliance with Federal statutes that prohibit discrimination against applicants; and (b) if the information is not provided where the Application is taken in person, the Financial Institution is required to note the information on the basis of visual observation or surname.
3. To collect the applicant’s ethnicity, race, and sex based on visual observation or surname if
the applicant chooses not to provide the information for an Application that is taken in person. Appendix B to Part 1003. For an Application taken in person, there are special requirements if the applicant declines to provide the information regarding ethnicity, race, and sex. The Financial Institution must note that the applicant did not provide the information and then collect the applicant’s ethnicity, race, and sex on the basis of visual observation or surname. When a Financial Institution collects an applicant’s ethnicity, race, and sex on the basis of visual observation or surname, the Financial Institution must select from the following aggregate categories:
ethnicity (Hispanic or Latino; not Hispanic or Latino); race (American Indian or Alaska Native; Asian; Black or African American; Native Hawaiian or Other Pacific Islander; White); sex (male; female). The Financial Institution does not use the disaggregated categories. Only an applicant may self-identify as being of a particular ethnic or racial subcategory. If a Financial Institution accepts an Application through electronic media with a video component, it must treat the Application as taken in person. However, if a Financial Institution accepts an Application through electronic media without a video component, it must treat the Application as accepted by mail. Appendix B to Part 1003. If the applicant (1) begins an Application by mail, internet, or telephone, (2) does not provide the requested information, (3) does not select “I do not wish to provide this information,” and (4) meets with the Financial Institution in person to complete the Application, the Financial Institution must request the applicant’s ethnicity, race, and sex 53 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

when the Financial Institution meets with the applicant in person. If the applicant does not provide the requested information during the in-person meeting, the Financial Institution must collect the information on the basis of visual observation or surname. If the meeting occurs after the Application process is complete (e.g., at loan closing or account opening), the Financial Institution is not required to obtain the applicant’s ethnicity, race, and sex.
Appendix B to Part 1003.
A Financial Institution may collect the required information regarding the ethnicity, race, and sex of an applicant on an Application form, or on a separate form that refers to the Application (sometimes called a collection form). For Applications taken by telephone, a Financial Institution must state the information in the collection form orally. Appendix B to Part 1003. Because the HMDA Rule changes the information that must be included on an Application form or other collection form, Financial Institutions must revise their forms. A Financial Institution must use a revised collection or Application form that includes the disaggregated categories for Applications received on or after January 1, 2018. For more information on collecting the applicant’s ethnicity, race, and sex, see appendix B to the HMDA Rule.
5.1.2 Reporting
A Financial Institution reports the following information about an applicant:

Ethnicity, race, and sex. A Financial Institution must report the applicant’s ethnicity,
race, and sex. It must also report whether or not it collected this information on the basis of visual observation or surname. 12 CFR 1003.4(a)(10)(i). If an applicant provided the requested information, a Financial Institution must report the ethnicity, race, and sex information that the applicant provided. If an applicant selected more than one ethnicity or race, a Financial Institution must report each designation the applicant selected, subject to the limits in appendix B, which are described below. For ethnicity, a Financial Institution must report every aggregate ethnicity category that the applicant selected. If the applicant also selected one or more ethnicity subcategories, the Financial Institution must report each ethnicity subcategory that the applicant selected, up to a combined total of five aggregate ethnicity categories and ethnicity subcategories.
Appendix B to Part 1003.
54 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

For race, a Financial Institution must report every aggregate race category the applicant selected. If the applicant also selected one or more race subcategories, a Financial Institution must report each race subcategory the applicant selected, up to a combined total of five aggregate race categories and race subcategories. Appendix B to Part 1003. Examples: An applicant selects all five aggregate race categories (i.e., American Indian or Alaska Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, and White) and also selects the Chinese race subcategory. Because a Financial Institution must report all of the aggregate race categories that an applicant selects and can only report a combined total of up to five aggregate race categories and race subcategories, Ficus Bank reports only the five aggregate race categories. It does not report the Chinese race subcategory. An applicant selects the White, Asian, and Native Hawaiian or Other Pacific Islander aggregate race categories, and the Korean, Vietnamese, and Samoan race subcategories. The Financial Institution must report the White, Asian, and Native Hawaiian or Other Pacific Islander aggregate race categories. The Financial Institution also reports two of the three race subcategories. The Financial Institution chooses which two race subcategories to report (i.e., Korean and Vietnamese, Korean and Samoan, or Vietnamese and Samoan). An applicant may select the Other Hispanic or Latino ethnicity subcategory, an applicant may provide a particular Hispanic or Latino ethnicity not listed in the standard subcategories, or an applicant may do both. If an applicant provides only a particular ethnicity not listed in the standard subcategories, a Financial Institution is permitted, but not required, to report both the selection of Other Hispanic or Latino in addition to the particular ethnicity that the applicant provided. If an applicant selects Other Hispanic or Latino and provides a particular ethnicity, the Financial Institution reports both Other Hispanic or Latino and the particular ethnicity the applicant provided, (subject to the five ethnicity maximum described above). For purposes of the maximum of five reportable ethnicity categories and subcategories, the Other Hispanic or Latino subcategory and any additional information provided by the applicant together constitute only one selection.
Appendix B to Part 1003.
55 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

An applicant may select the Other Asian race subcategory or Other Pacific Islander race subcategory, an applicant may provide a particular race not listed in the standard subcategories, or an applicant may do both. If an applicant provides only a particular race not listed in the standard subcategories, a Financial Institution is permitted, but not required, to report both the selection of Other Asian or Other Pacific Islander, as applicable, in addition to the particular race that the applicant provided. If an applicant selects Other Asian or Other Pacific Islander and provides a particular race, the Financial Institution reports both Other Asian or Other Pacific Islander, as applicable, and the additional information the applicant provided, subject to the maximum of five. For purposes of the maximum of five reportable race categories and race subcategories, the Other Asian race or Other Pacific Islander race subcategory and additional information provided by the applicant together constitute only one selection. Appendix B to Part 1003. Examples: An applicant selects the category of Hispanic or Latino and provides Dominican as an ethnicity not listed in the standard subcategories. The applicant does not select the Other Hispanic or Latino subcategory or any other ethnicity categories or subcategories. The Financial Institution reports the Hispanic or Latino category and Dominican. It may also report the Other Hispanic or Latino subcategory, but is not required to do so. An applicant selects the White, Asian, and Native Hawaiian or Other Pacific Islander aggregate race categories, as well as the Korean, Vietnamese, Samoan, and Other Asian race subcategories and writes in “Thai” in the space provided on the Application form. The Financial Institution reports two (at its option) of the four race subcategories selected by the applicant (i.e., Korean, Vietnamese, Other Asian-Thai, Samoan) in addition to the three aggregate race categories selected by the applicant. If an applicant selected “I do not wish to provide this information” on a collection or Application form taken by mail or on the internet or stated that he or she did not wish to provide the information for an Application that is taken by telephone, the Financial 56 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Institution reports that the information was not provided in a mail, internet, or telephone application. If an applicant provided some but not all of the requested information, a Financial Institution reports the information provided by the applicant, whether partial or complete. If an applicant provided complete or partial information but also selected that he or she did not wish to provide the information for an Application that is taken by mail, internet, or telephone, a Financial Institution reports the ethnicity, race, and sex information that the applicant provided. Appendix B to Part 1003. If there are multiple applicants (i.e., an applicant and one or more co-applicants), the Financial Institution reports the ethnicity, race, and sex information for the applicant and the first co-applicant listed on the collection or Application form. If an applicant did not provide the information for an absent co-applicant, the Financial Institution reports that the information was not provided by applicant in mail, internet, or telephone Application for the absent co-applicant. If there is only one applicant, a Financial Institution reports that there is no co-applicant. Appendix B to Part 1003. If a Covered Loan or Application includes a guarantor, a Financial Institution does not report the guarantor’s ethnicity, race, and sex. Appendix B to Part 1003. A Financial Institution may, but is not required to, report an applicant’s ethnicity, race, and sex for purchased Covered Loans. If a Financial Institution chooses not to report the applicant’s ethnicity, race, and sex for a purchased Covered Loan, the Financial Institution reports that the data points are not applicable. Appendix B to Part 1003. If an applicant is not a natural person (e.g., a corporation, partnership, or trust), a Financial Institution reports that the requirement to report ethnicity, race, and sex information is not applicable. However, if an applicant is a natural person and a beneficiary of a trust (for example, the natural person might be relying on income from or collateral owned by a trust), the Financial Institution reports the applicant’s ethnicity, race, and sex information.
Appendix B to Part 1003.
For more information on reporting an applicant’s ethnicity, race, and sex, see appendix B to the HMDA Rule. 57 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Age. A Financial Institution reports the applicant’s age (as of the Application date) as the
number of whole years derived from the date of birth shown on the Application form. 12 CFR 1003.4(a)(10)(ii); comment 4(a)(10)(ii)-1. Example: An applicant provides a date of birth of 01/15/1970 on the Application form that Ficus Bank receives on 01/14/2018. Ficus Bank reports 47 as the applicant’s age. If there are multiple applicants, the Financial Institution reports the age for the applicant and the first co-applicant listed on the Application form. If a Covered Loan or Application includes a guarantor, a Financial Institution does not report the guarantor’s age. Comments 4(a)(10)(ii)-2 and -5. A Financial Institution may, but is not required to, report the age of an applicant for purchased Covered Loans. If a Financial Institution chooses not to report the applicant’s age for a purchased Covered Loan, the Financial Institution reports that the data point is not applicable. 12 CFR 1003.4(b)(2); comment 4(a)(10)(ii)-3. If an applicant is not a natural person (e.g., a corporation, partnership, or trust), a financial institution reports that the data point is not applicable. Comment 4(a)(10)(ii)-4. However, if an applicant is a natural person and a beneficiary of a trust (for example, the natural person might be relying on income from or collateral owned by a trust), the Financial Institution reports the applicant’s age.
Income. If a Financial Institution considers income in making its credit decision, it reports
the gross annual income that it relied on in making the credit decision. 12 CFR 1003.4(a)(10)(iii). For Applications that are withdrawn or closed for incompleteness before the Financial Institution makes a credit decision that would have taken income into consideration, the Financial Institution reports the income information relied on in processing the Application at the time that the Application was withdrawn or the file was closed for incompleteness. 12 CFR 1003.4(a)(10)(iii); comment 4(a)(10)(iii)-5. If a Financial Institution relies on only a portion of an applicant’s income in its determination, it reports only the portion of income relied on. Comment 4(a)(10)(iii)-1. If a Financial Institution relies on the income of a co-applicant or cosigner to evaluate creditworthiness, the Financial Institution includes the co-applicant’s or cosigner’s income 58 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

to the extent relied upon. Comments (a)(10)(iii)-1 and -2. A Financial Institution, however, does not include the income of a guarantor who is only secondarily liable. Comment 4(a)(10)(iii)-1. Reportable income does not include funds or amounts in addition to income, such as funds derived from underwriting calculations of the potential annuitization or depletion of an applicant’s remaining assets, even if the Financial Institution relied on them when making the credit decision. Actual distributions from retirement accounts or other assets that are relied on by the Financial Institution as income are reported as income. Comment 4(a)(10)(iii)-4. A Financial Institution may, but is not required to, report an applicant’s income for purchased Covered Loans. A Financial Institution reports that the data point is not applicable if it chooses not to report the applicant’s income. Comment 4(a)(10)(iii)-9. A Financial Institution reports that the income data point is not applicable:
a. For a Covered Loan to or an Application from a Financial Institution’s own employee, even though the Financial Institution relied on the employee’s income in making its credit decision; b. For a Covered Loan that is secured by or an Application that was proposed to be secured by a Multifamily Dwelling;
c. If the applicant or co-applicant, if applicable, is not a natural person (e.g., a corporation,
partnership, or trust); or d. If the Financial Institution did not consider or would not have considered income in making the credit decision. 12 CFR 1003.4(a)(10)(iii); comments 4(a)(10)(iii)-3, -6, -7, and -8.
5.2 Universal loan identifier (ULI) or nonuniversal loan identifier
Unless a partial exemption applies, a Financial Institution must report a ULI for a Covered Loan or Application. The ULI:
59 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

1. Is a number that a Financial Institution assigns to the Covered Loan or Application.
12 CFR 1003.4(a)(1)(i).
2. Must begin with the Financial Institution’s Legal Entity Identifier (LEI),15 followed by up
to 23 additional letters and/or numbers that the Financial Institution assigns, and end with a two-character check digit.16 12 CFR 1003.4(a)(1)(i)(A)-(C). Essentially, the ULI is the Financial Institution’s LEI plus a loan or application number plus the two-character check digit (in that order).
3. Cannot include information that could be used to identify the applicant or borrower
directly, such as the applicant’s or borrower’s name, date of birth, Social Security number, official government-issued driver’s license or identification number, alien registration number, government passport number, or employer or taxpayer identification number. Comment 4(a)(1)(i)-2.
4. Must be unique within the Financial Institution and must be used for only one Covered
Loan or Application. Comment 4(a)(1)(i)-1.
To ensure that a ULI is unique within a Financial Institution, the Financial Institution must:
1. Ensure that its branches do not use the same ULI to refer to multiple Covered Loans or
Applications.
2. Assign a new ULI to a Refinancing or Application for Refinancing (i.e., not use the ULI
from the loan that is being refinanced).
15 The LEI is a unique, 20-digit alphanumeric identifier issued by a utility endorsed by the LEI Regulatory Oversight Committee or endorsed or otherwise governed by the Global LEI Foundation or a successor organization. A Financial Institution can go to the Global LEI Foundation website, https://www.gleif.org/services/louservices/issue-new-lei, to obtain an LEI. Regardless of whether a Financial Institution’s transactions are covered by a partial exemption, effective January 1, 2019, the institution must include an LEI with its submission as described in 12 CFR 1003.5(a)(3). See Section 6.2 for more information. 16 The two-character check digit is used to validate the ULI. It is calculated using certain standards published by the International Organization for Standardization (www.iso.org). A check digit tool is available on the Bureau’s website. For more information on the two-character check digit, including the methodology for generating a check digit, see appendix C to the HMDA Rule. 60 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

A Financial Institution may use a previously reported ULI if an applicant asks the Financial Institution: (a) to reinstate a counteroffer that the applicant did not accept earlier in the same calendar year; or (b) to reconsider an Application that was denied, withdrawn, or closed for incompleteness earlier during the same calendar year. However, a Financial Institution must not use a previously reported ULI if it reinstates or reconsiders an Application that was reported in a prior calendar year. 12 CFR 1003.4(a)(1)(i)(E); comment 4(a)(1)(i)-4. For a purchased Covered Loan, a Financial Institution uses the ULI that was assigned to the Covered Loan by the Financial Institution that previously reported the Covered Loan. 12 CFR 1003.4(a)(1)(i)(D). If the Financial Institution that originated the Covered Loan did not assign a ULI, the Financial Institution that purchases the Covered Loan must assign a ULI, unless a partial exemption applies with respect to the purchase of the Covered Loan. If a partial exemption applies to a Covered Loan or Application, a Financial Institution may either report a ULI for the transaction, as discussed above, or report a nonuniversal loan identifier for the transaction, as discussed below. A non-universal loan identifier:
If a Financial Institution that is not eligible for a partial exemption purchases a Covered Loan for which an insured depository institution or insured credit union has assigned a non-universal loan identifier, the purchasing Financial Institution does not report that non-universal loan identifier. Instead, the purchasing Financial Institution assigns its own ULI.

Is assigned by a Financial Institution
to a Covered Loan or Application that is covered by a partial exemption.
Is composed of up to 22 characters (i.e., letters, numerals, or a combination of letters and
numerals). A non-universal loan identifier may, but is not required to, include a check digit. However, the non-universal loan identifier cannot be more than 22 characters, including any check digit.
Cannot include information that could be used to identify the applicant or borrower
directly, such as the applicant’s or borrower’s name, date of birth, Social Security number, official government-issued driver’s license or identification number, alien registration number, government passport number, or employer or taxpayer identification number.
Must be unique within the annual loan/application register in which the Covered Loan or
Application is included.
61 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

To ensure that a non-universal loan identifier is unique within a Financial Institution, the Financial Institution must:

Ensure that its branches do not use the same non-universal loan identifier to refer to
multiple Covered Loans or Applications.
Assign only one non-universal loan identifier to any particular Covered Loan or
Application. Each non-universal loan identifier must correspond to a single Application and ensuing Covered Loan, if any.
Assign a new non-universal loan identifier to a Refinancing or Application for
Refinancing (i.e., not use the non-universal loan identifier or ULI from the loan that is being refinanced). 12 CFR 1003.3(d)(5); comments 3(d)(5)-1, -2.
5.3 Application date
Except for a purchased Covered Loan, a Financial Institution reports the Application date, which is reported as either the date that the Application was received or the date on the Application form. 12 CFR 1003.4(a)(1)(ii). Although a Financial Institution need not choose the same approach for reporting Application date for its entire HMDA submission, it should be generally consistent, such as by routinely using one approach within a particular division of the Financial Institution or for a category of loans. Comment 4(a)(1)(ii)-1. If a Financial Institution chooses to report the date shown on the Application form and the Financial Institution retains multiple versions of the form, the Financial Institution reports the date shown on the first form it received that constitutes an Application under the HMDA Rule. Comment 4(a)(1)(ii)-1. For an Application that was not submitted directly to the Financial Institution, the Financial Institution may report the date the Application was received by the party that initially received the Application, the date the Application was received by the Financial Institution, or the date shown on the Application form. Comment 4(a)(1)(ii)-2. If, within the same calendar year, an applicant asks a Financial Institution to reinstate a counteroffer that the applicant previously did not accept (or asks the Financial Institution to reconsider an Application that was denied, withdrawn, or closed for incompleteness), the reportable Application date depends on whether the Financial Institution reports the request as 62 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

the continuation of the earlier transaction using the earlier transaction’s ULI or non-universal loan identifier (as applicable) or as a new transaction with a new ULI or non-universal loan identifier (as applicable). If the Financial Institution treats the request for reinstatement or reconsideration as a new transaction, it reports the date of the request as the Application date. If the Financial Institution does not treat the request for reinstatement or reconsideration as a new transaction, it reports the original Application date. Comment 4(a)(1)(ii)-3. For a purchased Covered Loan, a Financial Institution reports that this data point is not applicable. 12 CFR 1003.4(a)(1)(ii).
5.4 Application channel
A Financial Institution reports the application channel in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. Except for purchased Covered Loans, a Financial Institution reports both of the following:

Whether or not the applicant or borrower submitted the Application directly to
the Financial Institution. 12 CFR 1003.4(a)(33)(i). For example, the Application was submitted directly to the Financial Institution if the mortgage loan originator identified in the data point required by 12 CFR 1003.4(a)(34) and discussed in Section 5.30 was the reporting Financial Institution’s employee when the originator performed the origination activities for the Covered Loan or Application. The Application was also submitted directly to the Financial Institution if the Financial Institution directed the applicant to a third-party agent (e.g., a credit union service organization) that performed loan origination activities on behalf of the reporting Financial Institution and the third-party agent did not assist the applicant with applying for Covered Loans with other institutions. Comment 4(a)(33)(i)-1. If an applicant contacted and completed an Application with a broker or correspondent that forwarded the Application to the Financial Institution for approval, the Application was not submitted directly to the Financial Institution. Comment 4(a)(33)(i)-1.iii.
Whether or not the obligation arising from the Covered Loan or Application
was or would have been initially payable to the Financial Institution.
12 CFR 1003.4(a)(33)(ii). An obligation was initially payable to the Financial Institution if the obligation was initially payable on the face of the note or contract to the Financial Institution that is reporting the Covered Loan or Application. Comment 4(a)(33)(ii)-1. For 63 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

an Application that is withdrawn, denied, or closed for incompleteness, a Financial Institution reports that the requirement is not applicable if the Financial Institution had not determined, at the time it took final action on the Application, whether the loan would be initially payable to the Financial Institution. Comment 4(a)(33)(ii)-2. For purchased Covered Loans, a Financial Institution reports that this data point is not applicable. 12 CFR 1003.4(a)(33).
5.5 Preapproval request
A Financial Institution reports whether or not the Application or Covered Loan involved a preapproval request for a Home Purchase Loan under a Preapproval Program. 12 CFR 1003.4(a)(4). For all of the following, a Financial Institution reports that the Application or Covered Loan did not involve a preapproval request: a purchased Covered Loan; an Open-End Line of Credit or Application for an Open-End Line of Credit; a Reverse Mortgage or an Application for a Reverse Mortgage; an Application for a Covered Loan that is denied; an Application that is closed for incompleteness or withdrawn; an Application or Covered Loan for any purpose other than Home Purchase Loan; and for a Covered Loan secured by a Multifamily Dwelling. Comment 4(a)(4)-2.
5.6 Loan type
A Financial Institution reports whether the Covered Loan is or the Application was for a Covered Loan that would have been:

Insured by the Federal Housing Administration;
Guaranteed by the Department of Veterans Affairs;
Guaranteed by the Rural Housing Service or the Farm Service Agency; or
Not insured or guaranteed by any of these Federal agencies (i.e., conventional).
12 CFR 1003.4(a)(2).
64 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

5.7 Loan purpose
A Financial Institution records and reports the Covered Loan’s or Application’s purpose, under 12 CFR 1003.4(a)(3), using one of the following:

Home Purchase Loan. A Home Purchase Loan is a Closed-End Mortgage Loan or OpenEnd Line of Credit that is for the purpose,
in whole or part, of purchasing a Dwelling.
12 CFR 1003.2(j). A Home Purchase Loan includes: (a) a Closed-End Mortgage Loan or Open-End Line of Credit secured by one Dwelling and used to purchase another Dwelling; (b) a combined construction-to-permanent loan that is secured by a Dwelling; (c) a separate permanent loan that replaces a construction-only loan or line of credit to the same borrower if the permanent loan is secured by a Dwelling; and (d) a Dwelling-secured subordinate mortgage loan that finances some or all of the home purchaser’s down payment. Comments 2(j)-1, -3, and -4. Home Purchase Loans do not include loans that are excluded transactions under the HMDA Rule, such as loans that are temporary financing under 12 CFR 1003.3(c)(3). See Section 4.1.2 for more information on excluded transactions. An assumption is a Home Purchase Loan when: (a) the assumption is a Closed-End Mortgage or Open-End Line of Credit; (b) the Financial Institution enters into a written agreement accepting a new borrower as the obligor on an existing obligation; and (c) the purpose is to finance the new borrower’s purchase of the Dwelling securing the existing obligation. An assumption is not a Home Purchase Loan if the new borrower assumes the existing borrower’s obligation after acquiring title to the Dwelling securing the existing obligation because the purpose is not to finance the new borrower’s purchase of the Dwelling. The assumption would be reported using a loan purpose other than Home Purchase Loan. Comment 2(j)-5. Example: Borrower A obtains title to Owner A’s Dwelling after assuming Owner A’s existing debt obligation. Borrower A’s transaction is a Home Purchase Loan. In contrast, Borrower B obtains title to Owner B’s Dwelling in Year 1 and in Year 2 assumes Owner B’s existing debt obligation. Borrower B’s transaction is not a Home Purchase Loan. 65 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0
Home Improvement Loan. A Home Improvement Loan is a Closed-End Mortgage Loan
or Open-End Line of Credit that is for the purpose, in whole or part, of repairing, rehabilitating, remodeling, or improving a Dwelling or the real property on which the Dwelling is located. 12 CFR 1003.2(i). For example, a Home Improvement Loan includes:
(a) a Covered Loan if any of the proceeds are used for repair, rehabilitation, remodeling, or improvement of the Dwelling or the real property on which the Dwelling securing the Covered Loan is located, even if the remainder is used for totally unrelated purposes, such as college tuition; (b) a Covered Loan used to install a swimming pool, construct a garage, or improve landscaping on the real property on which the Dwelling securing the Covered Loan is located; and (c) a Covered Loan used to improve a Multifamily Dwelling used for residential and commercial purposes if the proceeds are used either to improve the entire property (e.g., to replace a heating system that services the entire structure) or primarily to improve the residential portion of the Multifamily Dwelling. Comments 2(i)-1, -2, and -4.
Refinancing. A Refinancing is a Closed-End Mortgage Loan or Open-End Line of Credit in
which a new Dwelling-secured debt obligation satisfies and replaces an existing Dwellingsecured debt obligation by the same borrower. 12 CFR 1003.2(p). Generally, whether the new debt obligation satisfies and replaces an existing obligation is determined by reference to the parties’ contract and applicable law. In order for a Covered Loan to be a Refinancing, both the new and existing transactions must be secured by a Dwelling. Only one borrower need be the same on the new and existing transactions. Comments 2(p)-1, -3, and -4.
Cash-out Refinancing. A Financial Institution reports a Covered Loan or an Application
as a cash-out Refinancing if it is a Refinancing and the Financial Institution considered it to be a cash-out Refinancing when processing the Application or setting the terms under its or an investor’s guidelines. For example, if a Financial Institution considers a loan product to be a cash-out Refinancing under an investor’s guidelines because of the amount of cash received by the borrower at closing or account opening, it reports the transaction as a cashout Refinancing. If a Financial Institution does not distinguish between a cash-out Refinancing and a Refinancing under its own guidelines, sets the terms of all Refinancings without regard to the amount of cash received by the borrower at loan closing or account opening, and does not offer loan products under investor guidelines, it reports all Refinancings as Refinancings, not cash-out Refinancings. Comment 4(a)(3)-2.
Other. If a Covered Loan is not, or an Application is not for, a Home Purchase Loan, a
Home Improvement Loan, a Refinancing, or a cash-out Refinancing, a Financial Institution reports the purpose as “other.” For example, if a Covered Loan is for the purpose of paying educational expenses, the Financial Institution reports the purpose as “other.” A Financial Institution also uses “other” if the Covered Loan is or the Application is for a Refinancing 66 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

but, under the terms of the existing credit agreement, the Financial Institution was unconditionally obligated to refinance the obligation subject to conditions within the borrower’s control. Comment 4(a)(3)-4. The following chart illustrates the reportable purpose for multiple-purpose Covered Loans originated on or after January 1, 2018. For purchased Covered Loans originated prior to January 1, 2018, a Financial Institution reports “Not Applicable.” See also comments 4(a)(3)-3 and -6. Multiple Purposes Reportable Purpose Home Purchase Loan and Home Improvement Loan Home Purchase Loan Home Purchase Loan and Refinancing Home Purchase Loan Home Purchase Loan and cash-out Refinancing Home Purchase Loan Home Purchase Loan and other Home Purchase Loan Home Improvement Loan and Refinancing Refinancing Home Improvement Loan and cash-out Refinancing Cash-out Refinancing Refinancing and other Refinancing Cash-out Refinancing and other Cash-out Refinancing Home Improvement Loan and other Home Improvement Loan A Financial Institution may rely on an applicant’s oral or written statement regarding the proposed use of the loan proceeds. For example, a Financial Institution could use a check box or a purpose line on an Application form. If an applicant provides no statement as to the proposed use of the proceeds, and the Covered Loan is not a Home Purchase Loan, cash-out Refinancing, or Refinancing, a Financial Institution reports the Covered Loan as for an “other” purpose. Comment 4(a)(3)-1. 67 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

5.8 Loan amount
A Financial Institution must report the loan amount for the Covered Loan or Application. 12 CFR 1003.4(a)(7). The first chart below provides information on determining the loan amount that is reported for Covered Loans. The second chart below provides information on determining the reportable loan amount for transactions that involve multiple purposes, counteroffers, and Applications that do not result in the Financial Institution originating a Covered Loan. If the Covered Loan is a: The reportable loan amount is the:
Closed-End Mortgage Loan other than a purchased Closed-End Mortgage Loan, assumption, or a Reverse Mortgage Amount to be repaid as disclosed on the legal obligation. 12 CFR 1003.4(a)(7)(i); comment 4(a)(7)-5. Purchased Closed-End Mortgage Loan or assumption of a Closed-End Mortgage Loan Unpaid principal balance at the time of purchase or assumption. 12 CFR 1003.4(a)(7)(i); comment 4(a)(7)-5. Open-End Line of Credit (including a purchased Open-End Line of Credit and assumption of an Open-End Line of Credit) other than a Reverse Mortgage Amount of credit available to borrower under the terms of plan. 12 CFR 1003.4(a)(7)(ii); comment 4(a)(7)-6. Initial principal limit (as determined pursuant to
section 255 of the National Housing Act and
implementing regulations and mortgagee letters issued by HUD). 12 CFR 1003.4(a)(7)(iii); comment 4(a)(7)-9. Reverse Mortgage Loan amount for new debt obligation based on the type of Covered Loan (see above). Comment 4(a)(7)-7. Refinancing If the transaction involves: Report the:
A counteroffer that is accepted for an amount that is different from the amount for which the applicant applied Loan amount granted for the Covered Loan. Comment 4(a)(7)-1. 68 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

A counteroffer for an amount different from the amount for which the applicant applied, and the applicant did not accept or failed to respond Amount for which applicant initially applied. Comment 4(a)(7)-1. An approved but not accepted Application (including an approved but not accepted preapproval request) Approved loan amount. Comment 4(a)(7)-2. Application (including a preapproval request) that was denied, closed for incompleteness, or withdrawn Amount requested. Comment 4(a)(7)-3. Loan proceeds that will be used for more than one purpose Entire loan amount for the Covered Loan, even if only a portion of the proceeds is intended for the reported purpose. Comment 4(a)(7)-4.
5.9 Loan term
A Financial Institution reports the loan term in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. A Financial Institution reports the loan term as the scheduled number of months after which the legal obligation will mature or terminate or would have matured or terminated. 12 CFR 1003.4(a)(25). If a Covered Loan or Application includes a schedule with repayment periods measured in a unit of time other than months, the Financial Institution reports the loan term in months using an equivalent number of whole months without regard for any remainder. Comment 4(a)(25)-2. For a fully amortizing Covered Loan, the number of months after which the legal obligation matures is the number of months in the amortization schedule, ending with the final payment. Covered Loans that do not fully amortize during the maturity term, such as Covered Loans with a balloon payment, are reported using the maturity term rather than the amortization term. Comment 4(a)(25)-1. 69 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

For a purchased Covered Loan, a Financial Institution reports the number of months after which the legal obligation matures as measured from the Covered Loan’s origination. Comment 4(a)(25)-3. For an Open-End Line of Credit with a definite term, a Financial Institution reports the number of months from account opening until the account termination date, including both the draw and repayment period (if any). Comment 4(a)(25)-4. For a Covered Loan or Application without a definite term, such as a Reverse Mortgage, a Financial Institution reports that the data point is not applicable. Comment 4(a)(25)-5.
5.10 Action taken and date
A Financial Institution reports its action taken and the date of its action. 12 CFR 1003.4(a)(8). The action taken is reported as one of the following: (1) loan originated; (2) application approved but not accepted; (3) application denied; (4) application withdrawn; (5) file closed for incompleteness; (6) loan purchased; (7) preapproval request denied; or (8) preapproval request approved but not accepted. 12 CFR 1003.4(a)(8)(i); comments 4(a)(8)(i)-1 through -14. The Action Taken chart in Attachment B provides additional information on how to determine the reportable action taken and date of action taken. See also 12 CFR 1003.4(a)(8)(ii) and its commentary for information on reporting the date of the action taken.
5.11 Reasons for denial
A Financial Institution reports the reasons for denial in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3.17 17 Certain Financial Institutions supervised by the OCC and the FDIC are required by those agencies to report reasons for denial on their HMDA loan/application registers, even if a partial exemption applies. 12 CFR 27.3(a)(1)(i), 128.6, 390.147. 70 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

For an Application that it denied, a Financial Institution must report the principal reasons (up to four) that it denied the Application. 12 CFR 1003.4(a)(16); comment 4(a)(16)-1. For all other transactions, a Financial Institution reports that the data point is not applicable. Comment 4(a)(16)-4. If a Financial Institution provided the reason or reasons it denied the Application using the model form contained in appendix C to Regulation B (Form C–1, Sample Notice of Action Taken and Statement of Reasons) or a similar form, the Financial Institution reports the reason or reasons specified on that form, including reporting the “Other” reason or reasons that were specified on the form, if applicable. If a Financial Institution provided a disclosure of the applicant’s right to a statement of specific reasons using the model form contained in appendix C to Regulation B (Form C–5, Sample Disclosure of Right to Request Specific Reasons for Credit Denial) or a similar form, or provided the denial reasons orally under Regulation B, the Financial Institution reports the principal reasons it denied the Application. Comment 4(a)(16)-3. The Financial Institution reports only the principal reason or reasons it denied the Application, even if there are fewer than four reasons. For example, if a Financial Institution denied the Application because of the applicant’s credit history and debt-to-income ratio, the Financial Institution only reports these two principal reasons. The reason or reasons reported must be specific and accurately describe the principal reason or reasons the Financial Institution denied the Application. Comment 4(a)(16)-1. If a Financial Institution denied a preapproval request under a Preapproval Program, the Financial Institution must report the principal reason or reasons (up to four) that it denied the preapproval request. Comment 4(a)(16)-2. 71 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

5.12 Property address and property location
Unless a partial exemption applies, a
Financial Institution reports the property address of the property securing the Covered Loan or, for an Application, proposed to secure the Covered Loan. 12 CFR 1003.4(a)(9)(i). For Applications that did not result in an origination, the property address corresponds to the location of the property proposed to secure the loan as identified by the applicant. For Covered Loans, the property address corresponds to the property identified in the legal obligation. Comment 4(a)(9)(i)-1. If a partial exemption applies to a Covered Loan or Application, see Section 4.3.3 for information on reporting the property address. Property address is one of the 26 data points that a Financial Institution is not required to report if a partial exemption applies to a transaction. However, the property location data points (i.e., state, county, and census tract) are among the 22 data points that are not affected by the HMDA Rule. Additionally, regardless of whether a partial exemption applies, a Financial Institution reports the property location (i.e., the state, county, and census tract) for the property securing the Covered Loan or, for an Application, proposed to secure the Covered Loan if: (1) the property is located in an MSA or metropolitan division (MD)18 in which the Financial Institution has a home or Branch Office; or (2) if the Financial Institution is a bank or savings association required to report data on small business, small farm, and community development lending under the CRA. For transactions for which state, county, or census tract is not required, a Financial Institution may report that the data point is not applicable, or it may voluntarily report the state, county, or census tract information. Comment 4(a)(9)(ii)-1. 18 Metropolitan divisions (MDs) are metropolitan divisions of MSAs as defined by the OMB. 12 CFR 1003.2(m)(2). For more information on MDs and MSAs, see https://www.ffiec.gov/census/default.aspx and https://www.ffiec.gov/geocode/help1.aspx. 72 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

If a Financial Institution is required to report property location, it must include the census tract only if the property is located in a county with a population of more than 30,000 according to the most recent decennial census. 12 CFR 1003.4(a)(9)(ii). See also 12 CFR 1003.4(e). Incorrect entries reporting the census tract are not violations of HMDA or Regulation C if the Financial Institution obtained the census tract number from the geocoding tool made available through the Bureau’s website, provided the Financial Institution entered an accurate property address into the tool and the tool returned a census tract number. For more information, see Section 7. If a Covered Loan is related to more than one property, but only one property secures or, for an Application, would have secured the Covered Loan, a Financial Institution reports the property address and property location, as applicable, of the property that secures or would have secured the Covered Loan. A Financial Institution does not report the property address or property location for any properties that do not secure or would not have secured the Covered Loan. Comment 4(a)(9)-1. If more than one property secures the Covered Loan or, in the case of an Application, would have secured the Covered Loan, a Financial Institution reports the Covered Loan or Application in a single entry on its LAR and provides the property address and property location, as applicable, for only one property. The Financial Institution can choose the property for which it reports this information, but it must choose a property that secures the Covered Loan (or, in the case of an Application, would have secured the Covered Loan) and that includes a Dwelling. If a single Multifamily Dwelling has more than one postal address, a Financial Institution reports one of the postal addresses. Comments 4(a)(9)-2 and -3. If other data points require the Financial Institution to report specific information about property securing or involved with a Covered Loan or Application, the Financial Institution reports the information that relates to the property for which it has provided the address and location for these data points. Comment 4(a)(9)-2. For purposes of this guide, the property for which the Financial Institution has provided the address and location for these data points is called the Identified Property. If the site for a Manufactured Home has not been identified, a Financial Institution may report that the data points for the property address and property location are not applicable. Comment 4(a)(9)-5. If the property address of the property securing the Covered Loan is unknown, a Financial Institution may report that the data point for the property address is not applicable. For example, the Financial Institution may report that the data point is not applicable if the 73 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

property did not have an address at closing or if the applicant did not provide the property address before the Application was denied, withdrawn, or closed for incompleteness. Comment 4(a)(9)(i)-3. Similarly, when reporting an Application, a Financial Institution may report that the data points for property location (i.e., state, county, and census tracts) are not applicable if the information was not known before the Application was denied, withdrawn, or closed for incompleteness. Comments 4(a)(9)(ii)(A)-1, (B)-2, and (C)-2.
5.13 Construction method
A Financial Institution reports the construction method for the Identified Property, using one of the following:

Site-built; or
Manufactured Home. 12 CFR 1003.4(a)(5).
A residential structure that satisfies the definition of “manufactured home” under HUD’s regulations, 24 CFR 3280.2, is reported as a Manufactured Home. 12 CFR 1003.2(l). A Manufactured Home will generally bear a HUD Certification Label and data plate noting compliance with the Federal standards. Comment 2(l)-2. Modular homes and factory-built homes that do not meet the definition of “manufactured home” in HUD’s regulations are not Manufactured Homes under the HMDA Rule and are reported as site-built, regardless of whether they are on-frame or off-frame modular homes. Modular homes comply with local or other recognized buildings codes rather than standards established by the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 et seq. Modular homes are not required to have HUD Certification Labels under 24 CFR 3280.11 or data plates under 24 CFR 3280.5, but may have a certification from a State licensing agency that documents compliance with State or other applicable building codes. Dwellings built using prefabricated components assembled at the Dwelling’s permanent site should also be reported as site-built. Comment 4(a)(5)-1. For a Multifamily Dwelling, the Financial Institution should report the construction method as site-built unless the Multifamily Dwelling is a Manufactured Home community, in which case 74 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

the Financial Institution should report the construction method as Manufactured Home. Comment 4(a)(5)-2.
5.14 Occupancy type
A Financial Institution reports the occupancy type for the Identified Property, using one of the following:

Principal residence. An applicant or borrower can have only one principal residence at a
time. However, if an applicant or borrower buys or builds a new Dwelling that will become the applicant’s or borrower’s principal residence within a year or upon the completion of construction, the new Dwelling is considered the principal residence for this data point. Comment 4(a)(6)-2. For purchased Covered Loans, a Financial Institution may report the occupancy type as “principal residence” unless the loan documents or Application indicate that the property will not be occupied as a principal residence. Comment 4(a)(6)-5.
Second residence. A property is a second residence if the property is or will be occupied
by the applicant or borrower for a portion of the year and is not the applicant’s or borrower’s principal residence. For example, if a person purchases a property, occupies the property for a portion of the year, and rents the property for the remainder of the year, the property is a second residence. Similarly, if a person occupies a property near his or her place of employment on weekdays, but the person returns to his or her principal residence on weekends, the property near the person’s place of employment is a second residence. Comment 4(a)(6)-3.
Investment property. A property is an investment property if the applicant or borrower
does not occupy the property. For example, if a person purchases a property, does not occupy the property, and generates income by renting the property, the property is an investment property. Similarly, if a person purchases a property, does not occupy the property, and does not generate income by renting the property, but intends to generate income by selling the property, the property is an investment property. Comment 4(a)(6)-4. If a corporation purchases a property that is a Dwelling and uses it for the long-term residence of its employees, the property is an investment property, even if the corporation considers the property as owned for business purposes rather than investment purposes, does not generate income by renting the property, and does not intend to generate income by selling the property. If the property is for transitory use by employees, the property would not be considered a Dwelling. Comment 4(a)(6)-4. 75 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

5.15 Lien status
A Financial Institution reports the lien status of the lien on the Identified Property as either a first lien or a subordinate lien. 12 CFR 1003.4(a)(14). The HMDA Rule requires a Financial Institution to report the lien status for Covered Loans it purchased. For purchased Covered Loans, lien status is determined by reference to the best information readily available to the Financial Institution at the time of purchase. For Applications and originations of Covered Loans, lien status is determined by reference to the best information readily available to the Financial Institution at the time final action is taken and to the Financial Institution’s own procedures. When reporting lien status, Financial Institutions may rely on title searches they routinely obtain, but the HMDA Rule does not require Financial Institutions to obtain title searches solely to comply with Regulation C. Financial Institutions may rely on other information that is readily available to them at the time final action is taken and that they reasonably believe is accurate, such as the applicant’s statement on the Application form or the applicant’s credit report. Comment 4(a)(14)-1. Examples: An applicant applies for a Covered Loan from Ficus Bank and indicates on the Application form that there is a mortgage on the Dwelling that will secure the applicant’s Covered Loan. Ficus Bank obtains the applicant’s credit report, and it shows that the applicant has a mortgage loan. The existing mortgage will not be paid off as part of the transaction. Ficus Bank may assume that the transaction involves a subordinate lien for purposes of HMDA reporting. An applicant applies for a loan from Ficus Bank to refinance the applicant’s existing home mortgage loan. The existing loan is and the new loan will be secured by the applicant’s principal residence. The applicant also has an Open-End Line of Credit for $20,000 secured by the principal residence. Ficus Bank’s practice in such a case is to ensure that it will have first-lien position through a subordination agreement with the holder of the lien securing the Open-End Line of Credit. Ficus Bank may assume that the transaction involves a first lien for purposes of HMDA reporting. 76 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

5.16 Manufactured home information
A Financial Institution reports manufactured home information in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. If a Dwelling on the Identified Property is a Manufactured Home and not a Multifamily Dwelling (i.e., it has four or fewer individual dwelling units), the Financial Institution must report both:

Secured Property Type. Whether the Covered Loan is or the Application would have
been secured by: (a) both a Manufactured Home and land; or (b) a Manufactured Home and not land. 12 CFR 1003.4(a)(29). A Financial Institution reports that a Covered Loan is or would have been secured only by a Manufactured Home and not land if the Covered Loan is not secured by the land, even if the Manufactured Home is considered real property under applicable State law. Comment 4(a)(29)-1.
Land Property Interest. Information about the applicant’s or borrower’s property
interest in the land on which the Manufactured Home is or would have been located, reported as one of the following:
a. Direct ownership. An applicant or borrower has a direct ownership interest in the land on which the Dwelling is or is to be located when it has more than a possessory real property ownership interest in the land, such as fee simple ownership. Comment 4(a)(30)-5. b. Indirect ownership. Indirect land ownership can occur when the applicant or borrower is or will be a member of a resident-owned community structured as a housing cooperative in which the occupants own an entity that holds the land underlying the Manufactured Home community. In such communities, the applicant or borrower may still have a lease and pay rent for the lot on which his or her Manufactured Home is or will be located, but the property interest type for such an arrangement should be reported as indirect ownership if the applicant is or will be a member of the cooperative that owns the Manufactured Home community’s underlying land. If an applicant resides or will reside in such a community but is not a member, the property interest type should be reported as a paid leasehold. Comment 4(a)(30)-1. 77 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

c. Paid Leasehold. For example, a paid leasehold occurs when a borrower locates the
Manufactured Home on a lot in which the borrower does not have an ownership interest, the borrower has a written lease for the lot, and the lease specifies rent payments. Comment 4(a)(30)-2. d. Unpaid Leasehold. For example, an unpaid leasehold occurs when the borrower locates the Manufactured Home on land owned by a family member, does not have a written lease, and does not have an agreement regarding rent payments. Comment 4(a)(30)-2. If the Dwelling securing the Covered Loan (or that would have secured the resulting Covered Loan in the case of an Application) is not a Manufactured Home, the Financial Institution reports that these data points are not applicable. Comments 4(a)(29)-4 and 4(a)(30)-6. A Manufactured Home community that is a Multifamily Dwelling is not considered a Manufactured Home for purposes of reporting these data points. Comment 4(a)(29)-2 and 4(a)(30)-4.
5.17 Property value
A Financial Institution reports the property value in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. For a Covered Loan, a Financial Institution reports the value of the property securing the Covered Loan. For an Application that did not result in a Covered Loan (other than an Application that was withdrawn before a credit decision was made or that was closed for incompleteness), a Financial Institution reports the value of the property proposed to secure the Covered Loan. 12 CFR 1003.4(a)(28). A Financial Institution reports that the data point is not applicable for an Application that was withdrawn before a credit decision was made or was closed for incompleteness, even if the Financial Institution obtained a property value. Comment 4(a)(28)-3. A Financial Institution reports the property value it relied on in making its credit decision. 12 CFR 1003.4(a)(28). If the Financial Institution relied on an appraisal or other valuation of a property when calculating the loan-to-value ratio, it reports the value stated in the appraisal or other valuation on which it relied. If the Financial Institution relied on the purchase price of a 78 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

property when calculating the loan-to-value ratio, it reports the purchase price as the property value. Comment 4(a)(28)-1. Example: Ficus Bank obtains an appraisal that values a parcel of property at $100,000, an automated valuation model report that values the property at $110,000, and a broker price opinion that values the property at $105,000. When approving the Application, Ficus Bank relies on the appraisal. It reports the property value as $100,000. The HMDA Rule does not require a Financial Institution to obtain a property valuation or to rely on a property value in making a credit decision. A Financial Institution reports that this data point is not applicable if it does not rely on property value when making the credit decision. Comment 4(a)(28)-4.
5.18 Total units
For a Covered Loan, a Financial Institution reports the number of individual Dwelling units related to the property securing the Covered Loan. For an Application, it reports the number of individual Dwelling units related to the property proposed to secure the Covered Loan. 12 CFR 1003.4(a)(31). For an Application or Covered Loan secured by a Manufactured Home community, the Financial Institution should include the total number of Manufactured Home sites that secure the loan and are available for occupancy, regardless of whether the sites are occupied or have Manufactured Homes attached. For a loan secured by a single Manufactured Home that is or will be located in a Manufactured Home community, the Financial Institution should report one individual Dwelling unit. Comment 4(a)(31)-2. For a Covered Loan secured by a condominium or cooperative complex, the Financial Institution reports the total number of individual Dwelling units securing the Covered Loan or proposed to secure the Covered Loan in the case of an Application. Comment 4(a)(31)-3.A Financial Institution may include recreational vehicle pads, manager apartments, rental apartments, site-built homes, or other rentable space that are ancillary to the operation of the 79 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Examples of State and local sources that may result in reportable units include but are not limited to: (1) State or local administration of Federal funds or programs; (2) State or local funding programs for affordable housing or rental assistance, including programs operated by independent public authorities; (3) inclusionary zoning laws; and (4) tax abatement or tax increment financing contingent on affordable housing requirements. Comment 4(a)(32)-3. secured property if it considers such units under its underwriting guidelines or investor guidelines, or if it tracks the number of such units for its own internal purposes. Comment 4(a)(31)-2. A Financial Institution may rely on the best information readily available to it at the time action is taken and on the Financial Institution’s own procedures. Information readily available could include, for example, information provided by an applicant that the Financial Institution reasonably believes, information contained in a property valuation or inspection, or information obtained from public records. Comment 4(a)(31)-4.
5.19 Multifamily affordable units
A Financial Institution reports information about multifamily affordable units in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. If the property securing a Covered Loan or proposed to secure an Application includes a Multifamily Dwelling, the Financial Institution must provide the number of individual Dwelling units that are income-restricted pursuant to Federal, State, or local affordable housing programs.19 12 CFR 1003.4(a)(32). For a Covered Loan that is not secured by a Multifamily Dwelling and for an Application that would not have been secured by a Multifamily Dwelling, the Financial Institution reports that this data point is not applicable. Comment 4(a)(32)-6. 19 Examples of Federal programs and funding sources that may result in reportable units include but are not limited to: (1) affordable housing programs pursuant to Section 8 of the United States Housing Act of 1937; (2) public housing; (3) the HOME Investment Partnerships program; (4) the Community Development Block Grant program; (5) multifamily tax subsidy project funding through tax-exempt bonds or tax credits; (6) Federal Home Loan Bank affordable housing program funding; (7) Rural Housing Service multifamily housing loans and grants; and (8) project-based vouchers under 24 CFR part 983. Comment 4(a)(32)-2. 80 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Affordable housing income-restricted units are individual Dwelling units that have restrictions based on the occupants’ income level pursuant to restrictive covenants encumbering the property. The restrictive covenants may be evidenced by a use agreement, regulatory agreement, land use restrictions, or a similar agreement. Rent control or rent stabilization laws, the acceptance of Housing Choice Vouchers, and other similar forms of portable housing assistance that are tied to an occupant and not an individual dwelling unit are not affordable housing income-restricted Dwelling units for purposes of reporting. Comment 4(a)(32)-1. A Financial Institution may rely on the best information readily available to it at the time final action is taken and on the Financial Institution’s own procedures when reporting. Information readily available could include, for example, information provided by an applicant that the Financial Institution reasonably believes, information contained in a property valuation or inspection, or information obtained from public records. Comment 4(a)(32)-5.
5.20 Debt-to-income ratio
A Financial Institution reports debt-to-income (DTI) ratio in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. Except for purchased Covered Loans, if the Financial Institution relied on the applicant’s or borrower’s DTI ratio when making its credit decision, the Financial Institution reports the DTI ratio on which it relied in making the credit decision. 12 CFR 1003.4(a)(23). The DTI ratio is the ratio of the applicant’s or borrower’s total monthly debt to total monthly income. Examples: Ficus Bank reviews an Application that will be secured by two parcels of real property. It calculates the CLTV ratio using its own requirements. It also calculates the CLTV ratio using an investor’s requirements. When making its credit decision, Ficus Bank relies on the CLTV ratio calculated according to the investor’s requirements. Ficus Bank reports the CLTV ratio calculated according to the investor’s requirements. A Financial Institution relied on the applicant’s or borrower’s DTI ratio in making the credit decision if the DTI ratio was a factor in the credit decision, even if it was not a dispositive factor. 81 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

For example, if the DTI ratio was one of multiple factors in a Financial Institution’s credit decision, the Financial Institution relied on the DTI ratio, even if the Financial Institution denied the Application because one or more underwriting requirements other than the DTI ratio were not satisfied. Comment 4(a)(23)-2. The HMDA Rule does not require a Financial Institution to calculate a DTI ratio and does not require a Financial Institution to rely on an applicant’s or borrower’s DTI ratio in making a credit decision. Comment 4(a)(23)-4. A Financial Institution reports that this data point is not applicable:

If it made a credit decision without relying on a DTI ratio;
If the Application file was closed for incompleteness (even if a DTI ratio was calculated);
For an Application that was withdrawn before a credit decision was made (even if a DTI
ratio was calculated);
If the applicant and co-applicant, if applicable, are not natural persons;
For a Covered Loan that is secured, or an Application that is proposed to be secured, by a
Multifamily Dwelling; or
For a purchased Covered Loan. Comments 4(a)(23)-3 through -7.
5.21 Combined loan-to-value
A Financial Institution reports combined loan-to-value (CLTV) in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. Except for a purchased Covered Loan, if the Financial Institution relied on a CLTV ratio when making its credit decision, the Financial Institution reports the CLTV ratio on which it relied. The CLTV ratio is the ratio of the total amount of debt secured by the property securing the Covered Loan (or, for an Application, proposed to secure a Covered Loan) to the value of that property. 12 CFR 1003.4(a)(24). A Financial Institution reports the CLTV ratio relied on in making the credit decision, regardless of which property or properties it used in the CLTV ratio calculation. The property used in the CLTV ratio does not need to be the Identified Property and may include more than one property and non-real property. Comment 4(a)(24)-6. 82 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Financial Institution relied on the CLTV ratio when making the credit decision if the CLTV ratio was a factor in the credit decision, even if it was not a dispositive factor. For example, if the CLTV ratio was one of multiple factors in a Financial Institution’s credit decision, the Financial Institution relied on the CLTV ratio, even if the Financial Institution denied the Application because one or more underwriting requirements other than the CLTV ratio were not satisfied. Comments 4(a)(24)-1 and -2. Examples: Ficus Bank reviews an Application that will be secured by two parcels of real property. It calculates the CLTV ratio using its own requirements. It also calculates the CLTV ratio using an investor’s requirements. When making its credit decision, Ficus

Bank relies on the CLTV ratio calculated according to the investor’s requirements. Ficus Bank reports the CLTV ratio calculated according to the investor’s requirements. Ficus Bank originates a Covered Loan for the purchase of a Multifamily Dwelling. The Covered Loan is secured by the Multifamily Dwelling and certain securities. Ficus Bank uses both the value of the Multifamily Dwelling and the value of the securities when calculating the CLTV ratio that it relies on when making the credit decision. Ficus Bank reports the CLTV ratio it relies on when making the credit decision. The HMDA Rule does not require a Financial Institution to calculate the CLTV ratio and does not require a Financial Institution to rely on a CLTV ratio in making a credit decision. Comment 4(a)(24)-4. A Financial Institution reports that this data point is not applicable:

If it did not rely on a CLTV when making the credit decision;
If the Application file was closed for incompleteness (even if a CLTV ratio was
calculated);
For an Application that was withdrawn before a credit decision was made (even if a CLTV
ratio was calculated); or
For a purchased Covered Loan. Comments 4(a)(23)-3 through -5.
83 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

5.22 Credit score information
A Financial Institution reports credit score information in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. Except for purchased Covered Loans, a Financial Institution reports the credit score or scores it relied on in making the credit decision and the name and version of the scoring model used to generate each reported credit score. 12 CFR 1003.4(a)(15)(i). The term “credit score” has the same meaning as set forth in the Fair Credit Reporting Act, 15 USC 1681g(f)(2)(A). 12 CFR 1003.4(a)(15)(ii). A “credit score” is a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. A “credit score” does not include: (1) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including loan-to-value ratio, the amount of down payment, or the consumer’s financial assets; or (2) any other elements of the underwriting process or underwriting decision. 15 USC 1681g(f)(2)(A). A Financial Institution relied on a credit score in making the credit decision if the credit score was a factor in the credit decision, even if it was not a dispositive factor. For example, if a credit score was one of multiple factors in a Financial Institution’s credit decision, the Financial Institution relied on the credit score even if the Financial Institution denied the Application because one or more underwriting requirements other than the credit score were not satisfied. Comment 4(a)(15)-1. When a Financial Institution obtained or created two or more credit scores for a single applicant or borrower but relied on only one score in making the credit decision (e.g., by relying on the lowest, highest, most recent, or average of all of the scores), the Financial Institution reports the credit score it actually relied on and the information about the scoring model it used. When a Financial Institution used more than one credit scoring model and combined the scores into a composite score and then relied on the composite score, the Financial Institution reports the composite score and reports that more than one scoring model was used. When a Financial Institution obtained two or more credit scores for the applicant or borrower and relied on multiple credit scores in making the credit decision (e.g., by relying on a scoring grid that considers each of the scores obtained or created for the applicant or borrower without combining the scores into a composite score), the Financial Institution reports one of the credit 84 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

scores that it relied on in making the credit decision. In choosing which credit score to report, a Financial Institution need not use the same approach for its entire HMDA data submission, but it should be generally consistent (e.g., by routinely using one approach within a particular division of the Financial Institution or for a category of Covered Loans). The Financial Institution reports the name and version of the credit-scoring model for the score reported. Comment 4(a)(15)-2. If a transaction involved two or more applicants or borrowers for whom the Financial Institution obtained or created a single credit score and if the Financial Institution relied on that single credit score when making the credit decision, the Financial Institution reports that credit score for the applicant and reports that the data point is not applicable for the co-applicant. Alternatively, at its discretion, the Financial Institution may report that credit score for the first co-applicant and report that the data point is not applicable for the applicant. If a transaction involved more than one applicant and a Financial Institution relied on separate credit scores for each applicant, it reports the credit score it relied on for the applicant and the credit score it relied on for the first co-applicant. Comment 4(a)(15)-3. Examples: Two individuals apply for a Covered Loan. Ficus Bank obtains two credit scores for the applicant and two credit scores for the co-applicant. Ficus Bank relies on the highest of the four credit scores it obtained. Ficus Bank reports the highest credit score and information about the credit scoring model used. Ficus Bank may report the score and information for the applicant and report “not applicable” for the co-applicant or, at its discretion, Ficus Bank can report the score and information for the co-applicant and report “not applicable” for the applicant. Two individuals apply for a Covered Loan. Ficus Bank obtains three credit scores for the applicant and three credit scores for the co-applicant. Ficus Bank relies on the middle

credit score for the applicant and the middle score for the co-applicant. Ficus Bank reports the middle score and related scoring model information for the applicant and the middle score and related scoring model information for the co-applicant. A Financial Institution reports that the credit score data point is not applicable:
1. For purchased Covered Loans;
85 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

2. If the Financial Institution did not rely on a credit score;
3. If the Application file was closed for incompleteness (even if a credit score was obtained
or created);
4. If an Application was withdrawn before a credit decision was made (even if a credit score
was obtained or created); or
5. If the applicant and co-applicant, if applicable, are not natural persons. Comments
4(a)(15)-4 through -7.
5.23 Automated underwriting system
information
A Financial Institution reports automated underwriting system (AUS) information in the manner described below unless a partial exemption applies. If a partial exemption applies, see
Section 4.3.3.
Except for purchased Covered Loans, a Financial Institution reports the name of the Automated Underwriting System (AUS), as defined below, that it used to evaluate the Application and the AUS result generated by that AUS. 12 CFR 1003.4(a)(35)(i). A Financial Institution must report this information only if the Financial Institution used an AUS to evaluate the Application. Comment 4(a)(35)-4. For purposes of the HMDA Rule, an Automated Underwriting System or AUS is an electronic tool:
1. Developed by a securitizer, Federal government insurer, or Federal government
guarantor of Closed-End Mortgage Loans or Open-End Lines of Credit. For this purpose, a person is a securitizer, Federal government insurer, or Federal government guarantor of Closed-End Mortgage Loan or Open-End Lines of Credit if that person has ever securitized, provided Federal government insurance for, or provided a Federal government guarantee for a Closed-End Mortgage Loan or Open-End Line of Credit at any point in time. The person does not need to be actively securitizing, insuring, or guaranteeing Closed-End Mortgage Loans or Open-End Lines of Credit at the time that the Financial Institution uses the AUS to evaluate an Application. 12 CFR 1003.4(a)(35)(ii); comment 4(a)(35)-2. If a Financial Institution knows or 86 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

reasonably believes that the system it is using to evaluate an Application is an electronic tool developed by a securitizer, Federal government insurer, or Federal government guarantor of Closed-End Mortgages or Open-End Lines of Credit, then this prong of the definition of AUS is satisfied, and the Financial Institution must report the name of the system and the result generated by that system if the second prong of the definition, below, is satisfied. If a Financial Institution does not know or reasonably does not believe that the system was developed by a securitizer, Federal government insurer, or Federal government guarantor of Closed-End Mortgages or Open-End Lines of Credit, then the Financial Institution reports that the data point is not applicable, provided that the Financial Institution maintains procedures reasonably adapted to determine whether the electronic tool it is using meets the definition of an AUS. Comment 4(a)(35)-7. That provides a result regarding both (a) the applicant’s credit risk; and (b) whether the Covered Loan is eligible to be originated, purchased, insured, or guaranteed by the securitizer, Federal government insurer, or Federal government guarantor that developed the electronic tool. In order for a system to be an AUS, the system must provide a result regarding both the credit risk of the applicant and the eligibility of the loan to be originated, purchased, insured, or guaranteed by the securitizer, Federal government insurer, or Federal government guarantor that developed the system being used to evaluate the Application. For example, if a system is an electronic tool that provides a determination of the loan’s eligibility to be purchased, but the system does not also provide an assessment of the applicant’s creditworthiness—such as an evaluation of the applicant’s income, debt, and 2. In order to know or reasonably believe that a system is not developed by a securitizer, Federal government insurer, or Federal government guarantor of Closed-End Mortgage Loans or Open-End Lines of Credit, a Financial Institution must maintain procedures reasonably adapted to make such a determination. Reasonably adapted procedures include attempting to determine with reasonable frequency, such as annually, whether the developer of the electronic tool is a securitizer, Federal government insurer, or Federal government guarantor of Closed-End Mortgage Loans or Open-End Lines of Credit. For example, in the course of renewing an annual sales agreement the developer could represent to the Financial Institution that the developer is not such a securitizer, Federal government insurer, or Federal government guarantor of Closed-End Mortgage Loans or Open-End Lines of Credit. Comment 4(a)(35)-7. 87 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

credit history—the system is not an AUS. In that case, the Financial Institution reports that the data point is not applicable. 12 CFR 1003.4(a)(35)(ii); comment 4(a)(35)-2. If a Financial Institution has developed its own proprietary system that it uses to evaluate an Application and the Financial Institution is also a securitizer, the system may be an AUS if it also meets the other elements of the AUS definition. On the other hand, if a Financial Institution has developed its own proprietary system that it uses to evaluate an Application but the Financial Institution is not a securitizer, the system is not an AUS. Comment 4(a)(35)-2. A Financial Institution that used an AUS to evaluate an Application must report the name of the AUS it used to evaluate the Application and the result generated by that system regardless of whether the Financial Institution intends to sell or hold the Covered Loan in its portfolio. For example, if a Financial Institution used an AUS developed by a securitizer to evaluate an Application but ultimately did not sell the Covered Loan and instead holds the Covered Loan in its portfolio, the Financial Institution reports the name of the AUS that the Financial Institution used to evaluate the Application and the result generated by that system. Comments 4(a)(35)-1.i and ii. If a Financial Institution used more than one AUS to evaluate an Application or if a Financial Institution used one AUS to evaluate an Application but it generated multiple results, the Financial Institution must determine which AUS or AUSs and which result or results to report. To do so, the Financial Institution can use the following steps in the exact order they are presented below.
1. The Financial Institution must determine whether an AUS that it used to evaluate the
Application matches the loan type it reported for the Application or Covered Loan. For more information on reporting loan type, see Section 5.6.
2. If the Financial Institution used an AUS that matches loan type (such as Total Scorecard for
an FHA loan), it must determine whether it obtained only one result from that AUS. If the Financial Institution obtained only one result from the AUS that matches loan type, the Financial Institution reports the AUS that matches loan type and the result that it obtained from that AUS.
3. If the Financial Institution did not use an AUS that matches loan type or if it obtained more
than one result from the AUS that matches loan type, the Financial Institution must determine whether an AUS that it used to evaluate the Application matches the purchaser, insurer, or guarantor (if any) for the Covered Loan. 88 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

4. If the Financial Institution used an AUS that matches the purchaser, insurer, or guarantor
(such as Desktop Underwriter for a Covered Loan that Fannie Mae purchased), it must determine whether it obtained only one result from that AUS. If the Financial Institution obtained only one result from the AUS that matches the purchaser, insurer, or guarantor, the Financial Institution reports the AUS that matches and the result that it obtained from that AUS.
5. If the Financial Institution did not use an AUS that matches the purchaser, insurer, or
guarantor or it obtained multiple results from an AUS that matches the purchaser, insurer, or guarantor or loan type, the Financial Institution reports the result it obtained closest in time to the credit decision and the AUS that generated that result, unless the Financial Institution obtained multiple results closest in time to the credit decision. For example, a Financial Institution obtains multiple results closest in time to the credit decision if it obtains two results at noon on the day immediately before it makes the credit decision and does not obtain any results at a later time.
6. If the Financial Institution simultaneously obtains multiple results closest in time to the
credit decision, the Financial Institution reports each of the multiple AUS results that it obtained and the AUSs that generated each of those results up to a total of five results and five AUSs. The Financial Institution will never report more than five results or five AUSs. If the Financial Institution used more than five AUSs or it obtained more than five results, the Financial Institution chooses five AUSs and five results to report. Comment 4(a)(35)-3. The HMDA Rule does not require a Financial Institution to use an AUS when evaluating an Application. Comment 4(a)(35)-4. A Financial Institution reports that the AUS data point is not applicable:
1. If it does not use an AUS to evaluate the Application;
2. When the applicant and co-applicant, if applicable, are not natural persons; or
3. For purchased Covered Loans. Comments 4(a)(35)-4 through -6.
5.24 Interest rate
A Financial Institution reports the interest rate in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. 89 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

A Financial Institution reports the interest rate applicable to a Covered Loan or to an Application that is approved but not accepted. 12 CFR 1003.4(a)(21). For Applications that are denied, withdrawn or closed for incompleteness, a Financial Institution reports that this data point is not applicable. Comment 4(a)(21)-2. The following table describes which rate a Financial Institution reports depending on the type of transaction. For purposes of this table, the date a revised Loan Estimate or corrected Closing Disclosure is provided to the applicant or borrower is the date disclosed as the “Date Issued” on that revised or corrected disclosure. For an:
Rate stated in Loan Estimate (if no Closing
Disclosure provided) or in Closing Disclosure (if provided), assuming it accurately reflects the rate when Financial Institution approved the Application. If a revised Loan Estimate (but no Closing Disclosure) was provided to the applicant prior to the end of the reporting period in which final action was taken or if a corrected Closing Disclosure was provided to the applicant prior to the end of the reporting period in which final action was taken, the Financial Institution reports the rate stated in the revised or corrected disclosure, as applicable. Otherwise, rate at the time Financial Institution approved the Application. Comments 4(a)(21)-1 and -2. Application approved but not accepted for fixedrate Covered Loan subject to Regulation Z’s Loan Estimate and Closing Disclosure requirements Application approved but not accepted for a fixedrate Covered Loan not subject to Regulation Z’s Loan Estimate and Closing Disclosure requirements Rate applicable when Financial Institution approved the Application. Comment 4(a)(21)-2. Rate stated in Loan Estimate (if no Closing Disclosure provided) or in Closing Disclosure (if provided), assuming it accurately reflects the rate when Financial Institution approved the Application. If a revised Loan Estimate (but no Closing Disclosure) was provided to the applicant prior to the end of the reporting period in which final action was taken or if a corrected Closing Disclosure was provided to the applicant prior to the end of the reporting period in which final action was taken, the Financial Institution reports Application approved but not accepted for a variable-rate Covered Loan subject to Regulation Z’s Loan Estimate and Closing Disclosure requirements 90 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0 Report:

For an: Report:
the rate stated in the revised or corrected disclosure, as applicable. Comments 4(a)(21)-1 and -2. Otherwise, if rate was known when Financial Institution approved the Application, the rate applicable when Financial Institution approved the Application. Comment 4(a)(21)-2. Otherwise, if rate was unknown when Financial Institution approved the Application, the fullyindexed rate based on the index applicable when the Financial Institution approved the Application. Comment 4(a)(21)-3. 91 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0 If rate was known when Financial Institution approved the Application, the rate applicable when Financial Institution approved the Application. Comment 4(a)(21)-2. If rate was unknown when Financial Institution approved the Application, the fully-indexed rate based on the index applicable when the Financial Institution approved the Application. Comment 4(a)(21)-3. Application approved but not accepted for a variable-rate Covered Loan not subject to Regulation Z’s Loan Estimate and Closing Disclosure requirements Application denied, withdrawn, or closed for incompleteness Not applicable. Comment 4(a)(21)-2. Interest rate set forth in Closing Disclosure. If a corrected Closing Disclosure was provided to the borrower prior to the end of the reporting period in which final action was taken, the Financial Institution reports the rate stated in the corrected disclosure. Comment 4(a)(21)-1. Fixed-rate Covered Loan subject to Regulation Z’s Loan Estimate and Closing Disclosure requirements Fixed-rate Covered Loan not subject to Regulation Z’s Loan Estimate and Closing Disclosure requirements Interest rate applicable at loan closing or account opening. Comment 4(a)(21)-1. Interest rate set forth in Closing Disclosure. If a corrected Closing Disclosure was provided to the borrower prior to the end of the reporting period in which final action was taken, the Financial Institution reports the rate stated in the corrected disclosure. Comment 4(a)(21)-1. Variable-rate Covered Loan subject to Regulation Z’s Loan Estimate and Closing Disclosure requirements Variable-rate Covered Loan not subject to Regulation Z’s Loan Estimate and Closing Disclosure requirements If rate was known when Financial Institution closed loan or opened account, rate applicable at loan closing or account opening. Comment 4(a)(21)-1.

For an: Report:
If rate was unknown when Financial Institution closed loan or opened account, the fully-indexed rate based on the index applicable to the Covered Loan at loan closing or account opening. Comment 4(a)(21)-3.
5.25 Introductory rate period
A Financial Institution reports the introductory rate period in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. For a Covered Loan, a Financial Institution reports the introductory rate period as the number of months from loan closing or account opening until the first date the interest rate may change. 12 CFR 1003.4(a)(26). For example, if an Open-End Line of Credit contains an introductory or “teaser” interest rate for two months after the date of account opening and the interest rate may adjust after that two month period, the Financial Institution reports the number of months as “2.” Comment 4(a)(26)-1. For a Covered Loan that includes an introductory interest rate period measured in a unit of time other than months, the Financial Institution reports the introductory period using an equivalent number of whole months without regard for any remainder. For example, if an Open-End Line of Credit contains an introductory interest rate for 50 days after the date of account opening, after which the interest rate may adjust, the Financial Institution reports the number of months as “1”. A Financial Institution reports “1” for any introductory interest rate period that is less than one whole month. Comment 4(a)(26)-5. For an Application, a Financial Institution reports the number of months from loan closing or account opening until the first date the interest rate could have changed under the proposed terms. Comment 4(a)(26)-1. If the period until the first date the interest rate could have changed under the proposed terms is measured in a unit of time other than months, the Financial Institution reports the introductory period using an equivalent number of whole months without regard for any remainder. A Financial Institution reports “1” if the introductory interest rate period could have been less than one whole month under the proposed terms. Comment 4(a)(26)-5. 92 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

A Financial Institution reports the number of months based on when the first interest rate adjustment may occur, even if an interest rate adjustment is not required to occur at that time and even if the rates that will apply, or the periods for which they will apply, are not known at loan closing or account opening. For example, if a Closed-End Mortgage Loan has a 30-year term and is an adjustable-rate product with an introductory interest rate for the first 60 months, after which the interest rate is permitted but not required to vary, the Financial Institution reports the number of months as “60.” Comment 4(a)(26)-1. A Financial Institution is not required to report introductory interest rate periods based on preferred rates unless the terms of the legal obligation provide that the preferred rate will expire at a certain defined date. Preferred rates include loan terms that provide that the initial underlying rate is fixed but that it may increase or decrease upon the occurrence of some future event, such as an employee leaving the employ of the Financial Institution, the borrower closing an existing deposit account with the Financial Institution, or the borrower revoking an election to make automated payments. Comment 4(a)(26)-2. A Financial Institution reports that this data point is not applicable for a fixed-rate Covered Loan or an Application for a fixed-rate Covered Loan. Comment 4(a)(26)-3.
5.26 Rate spread
A Financial Institution reports the rate spread in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. For Covered Loans that are subject to Regulation Z and for Applications that are approved but not accepted, and that are subject to Regulation Z (other than assumptions, purchased Covered Loans, and Reverse Mortgages), a Financial Institution reports the difference between the Covered Loan’s annual percentage rate (APR) and a comparable transaction’s average prime offer rate (APOR) as of the date the Covered Loan’s interest rate was set. 12 CFR 1003.4(a)(12)(i). Where an application or a preapproval request is an Application under Regulation C, but for which no disclosures are required under Regulation Z, the Financial Institution reports that the data is not applicable. 93 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

If the Covered Loan is an assumption, Reverse Mortgage, a purchased Covered Loan, or is not subject to Regulation Z, the Financial Institution reports that the data point is not applicable. If an Application does not result in the Financial Institution originating a Covered Loan for a reason other than that the Application was approved but not accepted by the applicant, the Financial Institution reports that the data point is not applicable. Comment 4(a)(12)-7. The APOR is an APR that is derived from average interest rates and other loan pricing terms offered to borrowers by a set of creditors for mortgage loans that have low-risk pricing characteristics. 12 CFR 1003.4(a)(12)(ii). The Bureau publishes tables of current and historical APORs by transaction type on the FFIEC’s website at http://www.ffiec.gov/hmda and on the Bureau’s website at http://www.consumerfinance.gov. The methodology used to arrive at these APORs is also published on these websites. A Financial Institution may either use the APORs published on these websites or determine APORs itself by employing the methodology published on these websites. A Financial Institution that determines APORs itself, however, is responsible for correctly determining them in accordance with the published methodology. Comments 4(a)(12)-1 and -2. To determine the reportable rate spread, a Financial Institution can follow these steps:

Determine the Covered Loan’s or approved but not accepted Application’s APR
A Financial Institution may rely on the APR disclosed for the Covered Loan, if it is calculated and disclosed pursuant to Regulation Z (12 CFR 1026.18 or 1026.38 for a Closed-End Mortgage Loan or 12 CFR 1026.6 for an Open-End Line of Credit). If multiple APRs are calculated and disclosed pursuant to 12 CFR 1026.6, a Financial Institution relies on the APR in effect at the time of account opening. If an Open-End Line of Credit has a variablerate feature and a fixed-rate feature during the draw period, a Financial Institution relies on the APR in effect at the time of account opening for the variable-rate feature. This rate for the variable-rate feature would be a discounted initial rate if one is offered under the variable-rate feature. Comment 4(a)(12)-3. If the Financial Institution provides a corrected Truth in Lending disclosure, a corrected Closing Disclosure, or a corrected open-end account opening disclosure under Regulation Z, the Financial Institution relies on the APR disclosed on the corrected disclosure, provided that the corrected disclosure was provided to the borrower prior to the end of the reporting period in which final action is taken. For this purpose, the date the corrected disclosure is provided is the date the disclosure is mailed or delivered to the borrower in person. Comment 4(a)(12)-9. 94 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

For an Application (including a preapproval request) that was approved but not accepted, a Financial Institution might have only provided early Regulation Z disclosures, such as a Loan Estimate for a Closed-End Mortgage Loan or disclosures at the time of application under 12 CFR 1026.40 for an Open-End Line of Credit. In such cases where no subsequent disclosures are provided, a Financial Institution may rely on the APR as calculated and disclosed in the Loan Estimate or disclosures at the time of the application under 12 CFR 1026.40, as applicable. Comment 4(a)(12)-8.
2. Determine the APOR
a. Determine the Comparable Transaction
The rate spread is calculated using the APOR for a comparable transaction. Therefore, a Financial Institution must determine what transaction is comparable to the Covered Loan or approved but not accepted Application. To do so, the Financial Institution uses the Covered Loan’s or Application’s amortization type (i.e., fixed-rate or variable-rate) and loan term. For Open-End Lines of Credit, a Financial Institution must identify the most closely comparable closed-end transaction. Comment 4(a)(12)-4. For fixed-rate Covered Loans and Applications, the term for identifying the comparable transaction is the transaction’s maturity (i.e., the period until the last payment will be due under the Closed-End Mortgage Loan contract or Open-End Line of Credit agreement). If an Open-End Line of Credit has a fixed rate but no definite plan length, a Financial Institution can use a 30-year fixed-rate loan as the most closely comparable closed-end transaction. Financial Institutions may refer to the “Average Prime Offer Rates-Fixed” table on the FFIEC website when identifying a comparable fixed-rate transaction. Comment 4(a)(12)-4.i. For variable-rate Covered Loans and Applications, the term for identifying the comparable transaction is the initial, fixed-rate period (i.e., the period until the first scheduled rate adjustment). For example, five years is the relevant term for a variablerate transaction with a five-year, fixed-rate introductory period that is amortized over thirty years. If an Open-End Line of Credit has a variable rate and an optional, fixed-rate feature, a Financial Institution uses the rate table for variable-rate transactions. Comment 4(a)(12)-4.ii. When the term to maturity (or, for a variable-rate transaction, the initial fixed-rate period) is not in whole years, the Financial Institution uses the number of whole years 95 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

closest to the actual loan term (or the initial fixed-rate period). If the actual loan term (or the initial fixed-rate period) is exactly halfway between two whole years, the Financial Institution uses the shorter loan term. The Financial Institution rounds a term shorter than six months to one year, including a term for a variable-rate Covered Loan with no initial, fixed-rate period. Comment 4(a)(12)-4.iii. Term to Maturity or Initial Fixed-Rate Period Term for Comparable Transaction 10 years, 3 months 10 years 10 years, 9 months 11 years 10 years, 6 months 10 years 10 years, 6 months, 18 days 11 years 3 months 1 year If the amortization period is longer than the transaction’s term to maturity (or for an approved but not accepted Application would have been longer than the transaction’s term to maturity), a Financial Institution must use the term to maturity to determine the applicable APOR. Comment 4(a)(12)-4.iv. b. Determine the Rate Set Date The date used to determine the APOR for a comparable transaction is the date on which the Financial Institution set the interest rate for the final time before final action is taken. Comment 4(a)(12)-5. If the: The date used for APOR is the:
Rate was set pursuant to a lock agreement Date that the agreement fixed the interest rate 96 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Lock agreement was extended, but the rate was not re-set Date the Financial Institution exercised its discretion in setting the rate for final time before final action is taken Rate was re-set after the lock agreement was executed, and there was no program change Date that the Financial Institution exercised its discretion in setting the rate for final time before final action is taken Date of the program change, unless the Financial Institution changed the promised rate to the rate that would have been available to the borrower under the new program on the date of the original rate-lock, and the Financial Institution consistently follows that practice or the original lock agreement required that the new program’s rate as of the original rate-lock would be available. In that case, the date of the original rate-lock. Rate was re-set after the lock agreement was executed, and there was a program change Applicant or borrower did not execute a lock agreement Date on which the Financial Institution set the rate for final time before final action is taken Example: Borrower locks a rate of 2.5 percent on June 1 for a 30-year, variable-rate loan with a 5-year, fixed-rate introductory period. On June 15, the borrower decides to switch to a 30-year, fixed-rate loan, and the rate available to the borrower for that product on June 15 is 4.0 percent. On June 1, the 30-year, fixed-rate loan would have been available to the borrower at a rate of 3.5 percent. Ficus Bank offers the borrower the 3.5 percent rate (i.e., the rate that would have been available to the borrower for the fixed-rate product on June 1, the date of the original rate-lock) because the original agreement so provided or because Ficus Bank consistently follows that practice for borrowers who change loan programs. Ficus Bank should use June 1 as the rate-set date. If a Financial Institution received an Application from a broker and is responsible for reporting the approved but not accepted Application or resulting Covered Loan, (e.g., because the Financial Institution originated the loan), the rate-set date is the last date the Financial Institution set the rate with the broker, not the date the broker set the borrower’s rate. Comment 4(a)(12)-5. 97 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

c. Determine the Most Recently Available APOR as of Rate Set Date
A Financial Institution must compare the APR determined in Step 1 to the most recently available APOR that was in effect for the comparable transaction as of the rate-set date. The most recently available rate means the APOR set forth in the applicable table with the most recent effective date as of the date the interest rate was set. A Financial Institution cannot use an APOR before its effective date. Comment 4(a)(12)-6.
3. Determine the Rate Spread
A Financial Institution compares the APOR determined in step 2c, above, to the APR determined in step 1 above. Comment 4(a)(12)-6.
5.27 Non-amortizing features
A Financial Institution reports non-amortizing features in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. A Financial Institution reports whether the contractual terms include or would have included:
(1) a balloon payment; (2) interest-only payments; (3) negative amortization; or (4) contractual terms, other than those listed above, that would allow for payments other than fully amortizing payments. 12 CFR 1003.4(a)(27). The HMDA Rule defines the terms balloon payment, interestonly payments, negative amortization, and fully amortizing payments by reference to Regulation Z, but without regard to whether the Covered Loan is subject to Regulation Z. Comment 4(a)(27). See 12 CFR 1026.18(s)(5)(i) for the definition of balloon payment, 12 CFR 1026.18(s)(7)(iv) for the definition of interest-only payments, and 12 CFR 1026.18(s)(7)(v) for information on when a contractual term would include negative amortization. 98 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Example: Ficus Bank originates a business-purpose transaction that is exempt from Regulation Z. The borrower, a corporation, uses the loan proceeds to finance the purchase of a Multifamily Dwelling. The loan is secured by a mortgage on the Multifamily Dwelling. The loan includes a balloon payment, as defined by Regulation Z, 12 CFR 1026.18(s)(5)(i), at the end of the loan term. Even though the borrower is not a natural person, the loan is for a business purpose, and a Multifamily Dwelling is not a “dwelling” under Regulation Z, Ficus Bank reports the business-purpose transaction as having a balloon payment.
5.28 Data points for certain loans subject to
Regulation Z
5.28.1 Total loan costs or total points and fees
A Financial Institution reports the total loan costs or total points and fees in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. For Covered Loans subject to the Ability-to-Repay provisions of Regulation Z, 12 CFR 1026.43, a Financial Institution reports the following:

The amount of total loan costs as disclosed, pursuant to Regulation Z, on Line D
of the Closing Cost Details page of the Closing Disclosure. The Financial Institution reports the total loan costs if a Closing Disclosure was provided for the Covered Loan. 12 CFR 1003.4(a)(17)(i). Financial Institutions report that this data point is not applicable for transactions that are not subject to the Ability-to-Repay provisions of Regulation Z, such as Open-End Lines of Credit, Reverse Mortgages, and Covered Loans made primarily for business or commercial purposes. Comment 4(a)(17)(i)-1. For transactions subject to the Ability-to-Repay provisions of Regulation Z for which a Closing Disclosure was not provided, Financial Institutions report that this data point is not applicable. 12 CFR 1003.4(a)(17). Financial Institutions also report that this data point is not applicable for purchased Covered Loans for 99 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

which Applications were received by the selling entity prior to October 3, 2015. Comment 4(a)(17)(i)-2.
2. The total points and fees charged in connection with the Covered Loan,
calculated pursuant to Regulation Z. The Financial Institution reports the total points and fees if the Covered Loan is not subject to Regulation Z’s Closing Disclosure requirements and is not a purchased Covered Loan. 12 CFR 1003.4(a)(17)(ii). Financial Institutions report that this data point is not applicable for transactions that are not subject to the Ability-to-Repay provisions of Regulation Z, such as Open-End Lines of Credit, Reverse Mortgages, and Covered Loans made primarily for business or commercial purposes. Comment 4(a)(17)(ii)-1. For transactions subject to the Ability-to-Repay provisions of Regulation Z for which a Closing Disclosure was provided, Financial Institutions report that this data point is not applicable. 12 CFR 1003.4(a)(17). Financial Institutions also report that this data point is not applicable for purchased Covered Loans. Comment 4(a)(17)(ii)-1. For Covered Loans subject to the total loan cost reporting requirement, if the amount of total loan costs changes because a Financial Institution provides a corrected Closing Disclosure, the Financial Institution reports the amount disclosed in the corrected Closing Disclosure if the corrected Closing Disclosure was provided to the borrower prior to the end of the reporting period in which loan closing occurred. For this purpose, the date the corrected Closing Disclosure was provided to the borrower is the date disclosed as the “Date Issued” on the corrected Closing Disclosure. Comment 4(a)(17)(i)-3. For Covered Loans subject to the total points and fees reporting requirement, if a Financial Institution determines that the transaction’s total points and fees exceeded the applicable limit and cures the overage pursuant to Regulation Z during the same reporting period in which closing occurred, the Financial Institution reports the revised amount of total points and fees. Comment 4(a)(17)(ii)-2. Example: Ficus Bank is required to submit HMDA data quarterly. It closes a Covered Loan on January 2, 2020, and cures an overage pursuant to Regulation Z on January 9, 2020. Ficus Bank reports the revised amount of total points and fees in both its quarterly LAR submitted for first quarter data by May 30, 2020 and its annual LAR submitted in 2021 for 2020 data. 100 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

5.28.2 Total borrower-paid origination charges
A Financial Institution reports the total borrower-paid origination charges in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. For Covered Loans subject to the Closing Disclosure requirements of Regulation Z, 12 CFR 1026.19(f), the Financial Institution reports the total of all itemized origination charges that are designated borrower-paid at or before closing. 12 CFR 1003.4(a)(18). This total is disclosed on Line A of the Closing Cost Details page of the Closing Disclosure. For all other transactions, the Financial Institution reports that the data point is not applicable. A Financial Institution reports that the data point does not apply for purchased Covered Loans for which Applications were received by the seller prior to the effective date of the Closing Disclosure requirements of Regulation Z. Comments 4(a)(18)-1 and -2. If the total amount of borrower-paid origination charges changes because a Financial Institution provides a corrected Closing Disclosure pursuant to Regulation Z prior to the end of the reporting period in which the loan closing occurred, the Financial Institution reports the amount disclosed in the corrected Closing Disclosure. For this purpose, the date the corrected Closing Disclosure was provided to the borrower is the date disclosed as the “Date Issued” on the corrected Closing Disclosure. Comment 4(a)(18)-3.
5.28.3 Total discount points
A Financial Institution reports the total discount points in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. For Covered Loans subject to the Closing Disclosure requirements of Regulation Z, 12 CFR 1026.19(f), a Financial Institution reports the points paid to the creditor to reduce the interest rate. 12 CFR 1003.4(a)(19). This total is disclosed on Line A.01 of the Closing Cost Details page of the Closing Disclosure. For all other transactions, a Financial Institution reports that the data point is not applicable. 101 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

A Financial Institution reports that the data point does not apply for purchased Covered Loans for which an Application was received by the seller prior to the effective date of the Closing Disclosure requirements of Regulation Z. Comments 4(a)(19)-1 and -2. If the total discount points change because a Financial Institution provides a corrected Closing Disclosure pursuant to Regulation Z prior to the end of the reporting period in which the loan closing occurred, the Financial Institution reports the amount disclosed in the corrected Closing Disclosure. For this purpose, the date the corrected Closing Disclosure was provided to the borrower is the date disclosed as the “Date Issued” on the corrected Closing Disclosure. Comment 4(a)(19)-3.
5.28.4 Lender credits
A Financial Institution reports lender credits in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. For Covered Loans subject to the Closing Disclosure requirements of Regulation Z, 12 CFR 1026.19(f), the Financial Institution reports the amount of lender credits. 12 CFR 1003.4(a)(20). This total is disclosed in the second row under Line J on the Closing Cost Details page of the Closing Disclosure. For all other transactions, the Financial Institution reports that the data point is not applicable. A Financial Institution reports that the data point does not apply for purchased Covered Loans for which an Application was received by the seller prior to the effective date of the Closing Disclosure requirements of Regulation Z. Comments 4(a)(20)-1 and -2. If the amount of the lender credits changes because a Financial Institution provides a corrected Closing Disclosure pursuant to Regulation Z prior to the end of the reporting period in which the loan closing occurred, the Financial Institution reports the amount disclosed in the corrected Closing Disclosure. For this purpose, the date the corrected Closing Disclosure was provided to the borrower is the date disclosed as the “Date Issued” on the corrected Closing Disclosure. Comment 4(a)(20)-3.
5.28.5 Prepayment penalty term
A Financial Institution reports the prepayment penalty term in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. 102 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

For Covered Loans and Applications subject to Regulation Z, other than Reverse Mortgages or purchased Covered Loans, a Financial Institution reports the term of any prepayment penalty. The term is reported in months. 12 CFR 1003.4(a)(22). A Financial Institution may rely on the definitions and official commentary to Regulation Z, 12 CFR 1026.32(b)(6)(i) or (ii), in determining whether a Covered Loan includes a prepayment penalty. For Covered Loans that are not subject to Regulation Z, Reverse Mortgages, purchased Covered Loans, and Covered Loans or Applications that have no prepayment penalty, the Financial Institution reports that this data point is not applicable.
5.28.6 HOEPA status
For a Covered Loan that is subject to the Home Ownership and Equity Protection Act of 1994 (HOEPA), as implemented in Regulation Z, 12 CFR 1026.32, the Financial Institution reports whether or not the Covered Loan is a high-cost mortgage under Regulation Z. 12 CFR 1003.4(a)(13). Generally, a Financial Institution will report whether or not a consumer credit transaction subject to Regulation Z and secured by a principal dwelling (as that term is interpreted under Regulation Z) is a high-cost mortgage. See 12 CFR 1026.32(a) and its official commentary to determine whether a Covered Loan is subject to HOEPA and whether or not it is a high-cost mortgage under Regulation Z. For an Application or a Covered Loan that is not subject to HOEPA, the Financial Institution reports that this data point is not applicable. Comment 4(a)(13).
5.29 Transaction indicators
A Financial Institution reports the transaction indicators in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. A Financial Institution separately reports whether or not a Covered Loan is or an Application is for:
103 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

A Reverse Mortgage.20 12 CFR 1003.4(a)(36);
An Open-End Line of Credit.21 12 CFR 1003.4(a)(37); and
A loan made primarily for a business or commercial purpose.22 12 CFR 1003.4(a)(38).
5.30 Mortgage loan originator identifier
A Financial Institution reports the mortgage loan originator identifier in the manner described below unless a partial exemption applies. If a partial exemption applies, see Section 4.3.3. A Financial Institution reports the Nationwide Mortgage Licensing System and Registry identifier (NMLSR ID) for the mortgage loan originator, as defined in Regulation G, 12 CFR Part 1007, or Regulation H, 12 CFR Part 1008, as applicable. 12 CFR 1003.4(a)(34). The NMLSR ID is a unique number or other identifier generally assigned to an individual registered or licensed through NMLSR to provide loan originating services. For more information, see the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, title V of the Housing and Economic Recovery Act of 2008, 12 U.S.C. 5101 et seq., and Regulation G or Regulation H, as applicable. Comment 4(a)(34)-1. An NMLSR ID for the mortgage loan originator is not required to be reported if the mortgage loan originator is not required to obtain and has not been assigned an NMLSR ID. In those cases, the Financial Institution reports that this data point is not applicable. For example, certain individual mortgage loan originators may not be required to obtain an NMLSR ID for the 20 A Reverse Mortgage is a Closed-End Mortgage Loan or Open-End Line of Credit that is a reverse mortgage transaction as defined in Regulation Z, but without regard to whether the loan or line is secured by a principal dwelling. 12 CFR 1003.2(q). 21 For more information on whether a Covered Loan is or an Application is for an Open-End Line of Credit, see
Section 4.1.1.
22 If a Covered Loan or Application is deemed to be primarily for a business or commercial purpose under Regulation Z, 12 CFR 1026.3(a) and its official commentary, it is also deemed to be for a business or commercial purpose under the HMDA Rule. 104 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

particular transaction being reported, such as a commercial loan, and may not have an NMLSR ID. Some mortgage loan originators may have obtained an NMLSR ID even if they are not required to obtain one for the particular transaction. Generally, if a mortgage loan originator has been assigned an NMLSR ID, a Financial Institution reports the mortgage loan originator’s NMLSR ID regardless of whether the mortgage loan originator is required to obtain an NMLSR ID for the particular transaction being reported. Comment 4(a)(34)-2. However, there are special rules for certain purchased Covered Loans. If a Financial Institution purchases a Covered Loan that is subject to 12 CFR 1026.36(g) and that was originated prior to January 10, 2014, the Financial Institution may report that the data point is not applicable or may report the NMLSR ID. If a Financial Institution purchases a Covered Loan that is not subject to 12 CFR 1026.36(g) and that was originated prior to January 1, 2018, the Financial Institution may report that the data point is not applicable or may report the NMLSR ID. If more than one individual associated with a Covered Loan or Application meets the definition of “mortgage loan originator,” as defined in Regulation G or Regulation H, a Financial Institution reports the NMLSR ID of the individual mortgage loan originator with primary responsibility for the transaction as of the date of action taken. A Financial Institution that establishes and follows a reasonable, written policy for determining which individual mortgage loan originator has primary responsibility for the reported transaction as of the date of action taken complies with this reporting requirement. Comment 4(a)(34)-3.
5.31 Type of purchaser
A Financial Institution reports the type of purchaser for a Covered Loan if the Financial Institution: (a) originated the Covered Loan it is reporting and sold it within the same calendar year; or (b) purchased the Covered Loan it is reporting and then sold it within the same calendar year. 12 CFR 1003.4(a)(11). When reporting the type of purchaser, a Financial Institution reports the type of entity that purchased the Covered Loan from the Financial Institution, using one of the following:

Fannie Mae.
Ginnie Mae.
105 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0
Freddie Mac.
Farmer Mac.
Private securitizer, which is an entity (other than one of the government-sponsored
enterprises listed in 1 through 4 immediately above) that the Financial Institution knows or reasonably believes will securitize the Covered Loan. Knowledge or reasonable belief could, for example, be based on the purchase agreement or other related documents, the Financial Institution’s previous transactions with the purchaser, or the purchaser’s role as a securitizer (such as an investment bank). If the Financial Institution selling the Covered Loan does not know or reasonably believe that the purchaser will securitize the loan, and the seller knows that the purchaser frequently holds or disposes of loans by means other than securitization, then the Financial Institution reports the Covered Loan as purchased by, as appropriate, one of the other types of purchasers. Comment 4(a)(11)-4. If the purchaser meets the criteria to be a private securitizer and fits within one of the other reportable categories in 6 through 10 below (including affiliate institution), the Financial Institution reports that the purchaser is a private securitizer. Comment 4(a)(11)-4.
Affiliate institution, which means a company that controls, is controlled by, or is under
common control with the Financial Institution. The term has the meaning set forth in the Bank Holding Company Act of 1956, 12 U.S.C. 1841 et seq. If a purchaser meets the criteria to be an affiliate institution and also fits within one of the other reportable types of purchaser in 7 through 10 below (but not private securitizer above), the Financial Institution reports that the purchaser is an affiliate institution. Comment 4(a)(11)-3.
Commercial bank, savings bank, or savings association.
Credit union, mortgage company, or finance company. A mortgage company is a
nondepository institution that purchases Covered Loans and, typically, originates Covered Loans. Comment 4(a)(11)-5.
Life insurance company.
Other, which is a purchaser that is not any of the above. A Financial Institution would report
the purchaser type of “other” if the purchaser was a bank holding company or thrift holding company that is not a private securitizer and is not an affiliate of the Financial Institution. Comment 4(a)(11)-7. 106 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

If a Financial Institution sells some interest or interests in a Covered Loan but retains a majority interest in that Covered Loan, the Financial Institution does not report the sale or type of purchaser (i.e., it reports that this data point is not applicable). Comment 4(a)(11)-1. If a Financial Institution sells all or a majority interest in the Covered Loan to more than one entity, the Financial Institution reports the type of purchaser based on the entity purchasing the greatest interest in the Covered Loan. Comment 4(a)(11)-1. Covered Loans “swapped” for mortgage-backed securities are to be treated as sales, and the purchaser is the entity receiving the Covered Loans that are swapped. Comment 4(a)(11)-2. A Financial Institution reports that this data point is not applicable:
1. If a Financial Institution sells some interest or interests in a Covered Loan but retains a
majority interest in the loan;
2. For an Application that is denied, withdrawn, closed for incompleteness, or approved but
not accepted; or
3. For a Covered Loan that the Financial Institution does not sell during the same calendar
year that it originated or purchased the Covered Loan. Comments 4(a)(11)-1 and -10. A Financial Institution records that the requirement to report type of purchaser is not applicable if the Financial Institution originated or purchased a Covered Loan and did not sell it during the calendar quarter for which the Financial Institution is recording the data. If the Financial Institution sells the Covered Loan in a subsequent quarter of the same calendar year, the Financial Institution records the type of purchaser on its LAR for the quarter in which the Covered Loan was sold. If a Financial Institution sells the Covered Loan in a succeeding year, the Financial Institution should not record or report the sale. Comment 4(a)(11)-9. 107 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

6. Recording and reporting
6.1 Recording
The HMDA Rule requires a Financial Institution to record the data about a Covered Loan or Application on a LAR within 30 calendar days after the end of the calendar quarter in which the Financial Institution takes final action on the Application or Covered Loan. 12 CFR 1003.4(f). A Financial Institution is not required to record all of its HMDA data for a quarter on a single LAR. Rather, a Financial Institution may record data on a single LAR or may record data on one or more LARs for different branches or different loan types (such as Home Purchase Loans or Home Improvement Loans, or loans on Multifamily Dwellings). Comment 4(f)-1. Other State or Federal regulations may require a Financial Institution to record its data on a LAR more frequently. Comment 4(f)-2. Financial Institutions may maintain their quarterly records in electronic or any other format, provided they can make the information available to their regulatory agencies in a timely manner upon request. Comment 4(f)-3.
6.2 Reporting
In addition to the required data discussed in Section 5, above, effective January 1, 2019, a Financial Institution must include the following when it submits its HMDA data:
1. Its name;
2. The calendar year and, effective January 1, 2020, if applicable, the calendar quarter to which
the data relate (see Section 6.2.2 for information on quarterly reporting); 108 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

3. The name and contact information for a person who can be contacted with questions about
the submission;
4. The Financial Institution’s appropriate Federal agency;
5. The total number of entries in the submission;
6. The Financial Institution’s Federal Taxpayer Identification Number (TIN); and
7. The Financial Institution’s LEI. 12 CFR 1003.5(a)(3).
If the appropriate Federal agency for a Financial Institution changes, the Financial Institution must identify its new appropriate Federal agency in its annual submission for the year of the change. Comment 5(a)-2. For example, if a Financial Institution’s appropriate Federal agency changes in February 2018, it must identify its new appropriate Federal agency beginning with its annual submission of 2018 data by March 1, 2019. For a Financial Institution required to comply with quarterly reporting requirements (see Section 6.2.2), the Financial Institution also must identify its new appropriate Federal agency in its quarterly submission beginning with its submission for the quarter of the change, unless the change occurs during the fourth quarter. For example, if the appropriate Federal agency for a Financial Institution changes during February 2020, the Financial Institution must identify its new appropriate Federal agency beginning with its quarterly submission for the first quarter of 2020. Comment 5(a)-2. If a Financial Institution obtains a new TIN, it must provide the new TIN in its subsequent data submissions. For example, if two Financial Institutions that previously reported HMDA data merge and the surviving Financial Institution retained its LEI but obtained a new TIN, the surviving Financial Institution reports the new TIN beginning with its next HMDA data submission. Comment 5(a)-5. A Financial Institution that is a subsidiary of a bank or savings association must complete its own LAR and submit it, directly or through its parent, to the appropriate Federal agency for the subsidiary’s parent. 12 CFR 1003.5(a)(2). A Financial Institution is a subsidiary of a bank or savings association (for purposes of reporting HMDA data to the same agency as the parent) if the bank or savings association holds or controls an ownership interest in the Financial Institution that is greater than 50 percent. Comment 5(a)-6. 109 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

6.2.1 Annual reporting
The HMDA Rule maintains the annual reporting requirement, but requires Financial Institutions to submit data electronically in accordance with the procedures published by the Bureau and posted at http://www.consumerfinance.gov/hmda. 12 CFR 1003.5(a)(5). Under the HMDA Rule, a Financial Institution must submit its annual LAR in electronic format to its appropriate Federal agency by March 1 of the year following the calendar year for which data are collected. Appendix A to Part 1003 (through December 31, 2018); 12 CFR 1003.5(a)(1)(i) (after December 31, 2018). An individual who is an authorized representative of the Financial Institution and who has knowledge regarding the submitted data must certify its accuracy and completeness. Appendix A to Part 1003 (through December 31, 2018); 12 CFR 1003.5(a)(1)(i) (after December 31, 2018). A Financial Institution must retain a copy of its submitted annual LAR for at least three years. 12 CFR 1003.5(a)(1)(i). Financial Institutions may retain their annual LARs in either paper or electronic form. Comment 5(a)-4. For more information on reporting under the HMDA Rule or on the electronic submission of data, please see http://www.consumerfinance.gov/hmda.
6.2.2 Quarterly reporting
The HMDA Rule requires some Financial Institutions to report data on a quarterly basis as well as on an annual basis. The quarterly reporting requirement is effective January 1, 2020. It applies to a Financial Institution that reported at least 60,000 originated Covered Loans and Applications (combined) for the preceding calendar year. The Financial Institution does not count purchased Covered Loans when determining whether the quarterly reporting requirement applies. If quarterly reporting is required, the Financial Institution must report all data required to be recorded for the calendar quarter within 60 calendar days after the end of the calendar quarter. The quarterly reporting requirement does not apply, however, to the fourth quarter of the year. A Financial Institution subject to the quarterly reporting requirement reports its fourth quarter data as part of its annual submission. In its annual submission, a quarterly reporter will resubmit the data previously submitted for the first three calendar quarters of the year, including any corrections to the data, as well as its fourth quarter data. 12 CFR 1003.5(a)(ii). 110 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

6.3 Disclosure of data
6.3.1 Disclosure statement
Effective January 1, 2018, the HMDA Rule changes Regulation C’s disclosure statement requirements. The changes apply to data collected in 2017 and later years. Under the HMDA Rule, the FFIEC shall provide a notice to the Financial Institution that the Financial Institution’s disclosure statement (based on data submitted for the prior calendar year) is available. 12 CFR 1003.5(b)(1). No later than three business days (any calendar day other than a Saturday, Sunday, or legal public holiday) after receiving notice from the FFIEC, the Financial Institution must make available to the public, upon request, a written notice that clearly conveys that the Financial Institution’s disclosure statement may be obtained on the Bureau’s website at . 12 CFR 1003.5(b)(2); comment 5(b)-1. A Financial Institution may, but is not required to, use the sample notice in Attachment C to satisfy the HMDA Rule’s disclosure statement requirement. The notice may be made available in paper or electronic form. Comment 5(b)-2. A Financial Institution must make the notice available to the public for a period of five years. 12 CFR 1003.5(d)(1). At its discretion, a Financial Institution may also provide its disclosure statement and impose a reasonable fee for costs incurred reproducing or providing the statement. 12 CFR 1003.5(d)(2). Even if it provides the disclosure statement, a Financial Institution must comply with the notice requirement.
6.3.2 Modified LAR
Effective January 1, 2018, the HMDA Rule changes a Financial Institution’s obligations with respect to disclosing its modified LAR. The new requirements apply to data collected in 2017 and later years. Beginning in 2018, upon request from a member of the public, a Financial Institution must provide a written notice regarding the availability of its modified LAR. The written notice must clearly convey that the Financial Institution’s LAR, as modified by the Bureau to protect borrower and applicant privacy, may be obtained on the Bureau’s website at http://www.consumerfinance.gov/hmda. 12 CFR 1003.5(c). 111 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

A Financial Institution may, but is not required to, use the sample notice in Attachment C to satisfy the HMDA Rule’s modified LAR requirement. Comment 5(c)-2. A Financial Institution may, but is not required to, use the same notice for purposes of this disclosure requirement and the disclosure statement requirement discussed in Section 6.3.1. The notice may be made available in paper or electronic form. Comment 5(c)-1. The notice must be made available in the calendar year following the calendar year for which the Financial Institution collected data. The notice must be made available for three years. 12 CFR 1003.5(d)(1). For example, in calendar year 2021, a Financial Institution must make available a notice that its modified LAR is available on the Bureau’s website if it was required to collect data in 2018, 2019, or 2020. At its discretion, a Financial Institution may also provide its LAR, as modified by the Bureau, and impose a reasonable fee for any costs incurred to reproduce or provide the data. 12 CFR 1003.5(d)(2). Even if it decides to provide the modified LAR, a Financial Institution must comply with the notice requirement.
6.3.3 Posted notices
The HMDA Rule modifies Regulation C’s posting requirement. Beginning January 1, 2018, a Financial Institution must post, in the lobby of its home office and each Branch Office physically located in an MSA or MD, a general notice about the availability of its HMDA data on the Bureau’s website. 12 CFR 1003.5(e). A Financial Institution may, but is not required to, use the sample notice in Attachment C to satisfy this requirement. In any case, the notice must clearly convey that the Financial Institution’s HMDA data are available on the Bureau’s website at http://www.consumerfinance.gov/hmda. Comment 5(e).
6.3.4 Aggregated data
The FFIEC will use the annual data submitted pursuant to the HMDA Rule to make available aggregated data for each MSA and MD, showing lending patterns by property location, age of housing stock, and income level, sex, ethnicity, and race. 12 CFR 1003.5(f). 112 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Enforcement provisions
A violation of Regulation C, both before and after the effective date of the HMDA Rule, is subject to administrative sanctions, including civil money penalties. Compliance can be enforced by the Federal Reserve Board, Federal Deposit Insurance Corporation, the Office of the Comptroller of Currency, the National Credit Union Administration, HUD, or the Bureau. An error in compiling or recording data for a Covered Loan or Application is not a violation of HMDA or Regulation C if the error was unintentional and occurred despite maintenance of procedures reasonably adapted to avoid such errors. 12 CFR 1003.6(b)(1). However, a Financial Institution that obtains the property-location information for Applications and Covered Loans from third parties is responsible for ensuring that the information reported is correct. An incorrect entry for a census tract number is deemed a bona fide error and is not a violation if the Financial Institution maintains procedures reasonably adapted to avoid such an error. 12 CFR 1003.6(b)(2). Additionally, a census tract error is not a violation of HMDA or Regulation C if the Financial Institution obtained the census tract number from a geocoding tool on the Bureau’s website. However, a Financial Institution’s failure to provide the correct census tract number because the geocoding tool did not provide any census tract number for the property address is not excused as a bona fide error. Similarly, the failure to enter the correct census tract number because the Financial Institution entered an incorrect property address into the geocoding tool is not excused as a bona fide error. Comment 6(b)-2. If a Financial Institution makes a good-faith effort to record all data fully and accurately within 30 calendar days after the end of the calendar quarter as required under the HMDA Rule, but some data are inaccurate or incomplete, the inaccuracy or omission is not a violation of HMDA or Regulation C if the Financial Institution corrects or completes the data prior to submitting its annual LAR. 12 CFR 1003.6(c)(1). If a Financial Institution that is required to submit quarterly data makes a good-faith effort to report all data fully and accurately within 60 calendar days as required under the HMDA Rule, 113 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

but some data are inaccurate or incomplete, the inaccuracy or omission is not a violation of HMDA or Regulation C if the Financial Institution corrects or completes the data prior to submitting its annual LAR. 12 CFR 1003.6(c)(2). 114 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Mergers and acquisitions
8.1 Determining coverage
After a merger or acquisition, the surviving or newly formed institution is subject to Regulation C, effective January 1, 2018, if it satisfies the coverage criteria for either a Depository Financial Institution or a Nondepository Financial Institution. See Section 3 for more information on institutional coverage. When determining whether the institution is covered, the surviving or newly formed institution must consider the combined assets, locations, and lending activities of the surviving or newly formed entity and the merged or acquired entities or acquired branches. Comment 2(g)-3.
8.2 Reporting responsibility for calendar
year of merger or acquisition
The following discusses the applicability of the HMDA Rule during the calendar year of a merger or acquisition:
If two institutions that are not subject to Regulation C merge, but the newly formed or surviving institution is subject to Regulation C, no data collection is required for the calendar year of the merger. When a branch office of an institution that is not subject to Regulation C is acquired by another institution that is not subject to Regulation C, and the acquisition results in the acquiring institution becoming subject to Regulation C, no data collection is required for the calendar year of the acquisition. 115 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

If an institution that is subject to Regulation C and an institution that is not subject to Regulation C merge, and the surviving or newly formed institution is subject to Regulation C, for the calendar year of the merger, data collection is required for Covered Loans and Applications handled in the offices of the institution that was previously subject to Regulation C. For the calendar year of the merger, data collection is optional for Covered Loans and Applications handled in offices of the institution that was not previously subject to Regulation C. When an institution that is subject to Regulation C acquires a branch office of an institution that is not subject to Regulation C, data collection is optional for Covered Loans and Applications handled by the acquired branch office for the calendar year of the acquisition. If an institution that is subject to Regulation C and an institution that is not subject to Regulation C merge and the surviving or newly formed institution is not subject to Regulation C, data collection is required for Covered Loans and Applications handled prior to the merger in the previously covered institution’s offices. After the merger date, data collection is optional for Covered Loans and Applications handled in the offices of the institution that was previously covered. When an institution that is not subject to Regulation C acquires a Branch Office of an institution that is subject to Regulation C but that acquisition does not result in the acquiring institution becoming subject to Regulation C, data collection is required for transactions of the acquired Branch Office that take place prior to the acquisition. Data collection by the acquired Branch Office is optional for transactions taking place in the remainder of the calendar year of the acquisition. If two or more institutions that are subject to Regulation C merge and the surviving or newly formed institution is also subject to Regulation C, data collection is required for the entire calendar year of the merger. The surviving or newly formed Financial Institution files either a consolidated submission or separate submissions for that calendar year. When one institution subject to Regulation C acquires a Branch Office of another covered institution, data collection is required for the entire calendar year of the merger. Data for the acquired Branch Office may be submitted by either Financial Institution. Comment 2(g)-4. 116 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

8.3 Changes to appropriate Federal agency
or TIN
Under the HMDA Rule, if the appropriate Federal agency for a Financial Institution changes, the Financial Institution must identify its new appropriate Federal agency in its annual submission for the year of the change. For example, if a Financial Institution’s appropriate Federal agency changes in February 2019, it must identify its new appropriate Federal agency beginning with the annual submission of its 2019 data by March 1, 2020. For a Financial Institution required to comply with quarterly reporting requirements, the Financial Institution also must identify its new appropriate Federal agency in its quarterly submissions, beginning with its submission for the quarter of the change, unless the change occurs during the fourth quarter. Comment 5(a)-2. For example, if the appropriate Federal agency for a Financial Institution changes during February 2020, the Financial Institution must identify its new appropriate Federal agency beginning with its quarterly submission for the first quarter of 2020. If a Financial Institution obtains a new TIN, it should provide the new number in its subsequent data submission. For example, if two Financial Institutions that previously reported HMDA data merge and the surviving Financial Institution retained its LEI but obtained a new TIN, then the surviving Financial Institution should report the new TIN with its next HMDA data submission. Comment 5(a)-5.
8.4 Determining quarterly reporting
coverage
In the calendar year of a merger, the HMDA Rule requires a surviving or newly formed Financial Institution to report quarterly, beginning with the first quarterly submission due date after the date of the merger, if when added together the surviving or newly formed Financial Institution and all Financial Institutions that merged reported at least 60,000 originated Covered Loans and Applications for the preceding calendar year. Similarly, in the calendar year of an acquisition, the surviving Financial Institution is required to report quarterly, beginning with the first quarterly submission due date after the date of the acquisition, if when added together the surviving Financial Institution and the acquired Financial Institution(s) or Branch Office(s) reported at least 60,000 originated Covered Loans and Applications for the preceding calendar 117 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

year. If a Financial Institution acquires one or more Branch Offices of another Financial Institution but does not acquire the Financial Institution, it is required to count only the originated Covered Loans and Applications for the Branch Offices(s) that it acquired. Comment 5(a)-1.ii. In the calendar year following a merger or acquisition, the surviving or newly formed Financial Institution is required to comply with the quarterly reporting requirements if a combined total of at least 60,000 originated Covered Loans and Applications is reported for the preceding calendar year by or for the surviving or newly formed Financial Institution and each Financial Institution or Branch Office that merged or was acquired. Comment 5(a)-1.iii.
8.5 Applicability of partial exemptions under
the 2018 Act after a merger or acquisition
Effective January 1, 2020, following a merger or acquisition, the surviving or newly formed Financial Institution is eligible for partial exemptions if the combined lending activity of the surviving or newly formed Financial Institution and the merged or acquired institutions or acquired branches fall below the threshold under § 1003.3(d)(2) or (3). Comment 3(d)-1. Following a merger or acquisition, the surviving or newly formed Financial Institution is not eligible for partial exemptions if either it or any of the institutions it acquired or with which it merged received a rating of “needs to improve record of meeting community credit needs” during each of its two most recent CRA examinations or a rating of “substantial noncompliance meeting community credit needs on its most recent CRA examination.” Comment 3(d)-2. The scenarios below discuss the application of partial exemptions under the HMDA Rule during the calendar year of a merger or acquisition. The scenarios refer to the partial exemptions for closed-end mortgage loans under § 1003.3(d)(2), but the same principles apply to the partial exemptions with respect to open-end lines of credit under § 1003.3(d)(3). If two institutions eligible for the partial exemption for closed-end mortgage loans merge and the surviving or newly formed Financial Institution meets all of the requirements for the partial 118 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

exemption, the partial exemption for closed-end mortgage loans applies for the calendar year of the merger. Comment 3(d)-3.i. If two institutions eligible for the partial exemption for closed-end mortgage loans merge and the surviving or newly formed Financial Institution does not meet the requirements for the partial exemption, collection of optional data on closed-end mortgage loans is permitted but not required for the calendar year of the merger (even though the merger creates a Financial Institution that does not meet the requirements for the partial exemptions for closed-end mortgage loans). If a branch office of a Financial Institution that is eligible for the partial exemption is acquired by another Financial Institution that is eligible for the partial exemption, and the acquisition results in a Financial Institution that is not eligible for the partial exemption, collection of optional data for closed-end mortgage loans is permitted but not required for the calendar year of the acquisition. Comment 3(d)-3.ii. If a Financial Institution that is eligible for the partial exemption for closed-end mortgage loans merges with a Financial Institution that is not eligible for the partial exemption and the surviving or newly formed Financial Institution is not eligible for the partial exemption, for the calendar year of the merger, collection of optional data for closed-end mortgage loans is required for covered loans and applications handled in the offices of the merged Financial Institution that was previously not eligible for the partial exemption. For the calendar year of the merger, collection of optional data for closed-end mortgage loans is permitted but not required for covered loans and applications handled in the offices of the merged Financial Institution that was previously eligible for the partial exemption. Comment 3(d)-3.iii. If a Financial Institution that is not eligible for the partial exemption for closed-end mortgage loans acquires a branch office of a Financial Institution that is eligible for the partial exemption, for the calendar year of the acquisition, collection of optional data for closed-end mortgage loans is permitted but not required for covered loans and applications handled by the acquired branch office. Comment 3(d)-3.iii. If a Financial Institution that is eligible for the partial exemption for closed-end mortgage loans merges with a Financial Institution that is not eligible for the partial exemption and the surviving or newly formed Financial Institution is eligible for the partial exemption, for the calendar year of the merger, collection of optional data for closed-end mortgage loans is required for covered loans and applications handled in the offices prior to the merger of the Financial Institution that was previously not eligible for the partial exemption. After the merger, collection of optional data for closed-end mortgage loans is permitted but not required for covered loans and applications handled in
the offices of the institution that was previously not eligible for the partial exemption. If a Financial Institution remains eligible for the partial 119 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

exemption for closed-end mortgage loans after acquiring a branch or office of a Financial Institution that is not eligible for the partial exemption, collection of optional data for closedend mortgage loans is required for transactions of the acquired branch office that took place prior to the acquisition. Collection of optional data for closed-end mortgage loans by the acquired branch office is permitted but not required for transactions taking place in the remainder of the calendar year after the acquisition. Comment 3(d)-3.iv. 120 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Practical implementation
and compliance considerations
This section of the guide sets forth some general compliance and practical implementation considerations related to the HMDA Rule. However, it is not a compliance plan and does not include every compliance or implementation issue that an institution may need to consider. Each institution will need to determine its obligations under the HMDA Rule and the best way for the institution to comply with them. Depending on the institution, compliance could involve preparing or changing policies, procedures, and processes. It could also result in changes to the institution’s operations and its relationships with third parties, such as vendors. It could involve additional staffing and training. Institutions should consult with their legal counsel and compliance officers to understand their obligations under the HMDA Rule and to prepare and implement compliance plans.
9.1 Identifying affected institutions,
products, departments, and staff
When planning, institutions should first determine if they are likely to be subject to the HMDA Rule and, if so, identify their affected products, departments, and staff. The effects on these products, departments, and staff may vary greatly depending on the institution’s size, organizational structure, and the complexity of its operations and systems. 121 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

First, an institution should assess whether or not it will be a Financial Institution subject to the HMDA Rule. This assessment can be done by reviewing the HMDA Rule’s effective dates and criteria for institutional coverage. The loan-volume threshold criterion for Open-End Lines of Credit changes from 500 to 100 Open-End Lines of Credit effective January 1, 2022. A bank, savings association, credit union, or nondepository institution should review the 2018 changes as well as the loan-volume threshold for Open-End Lines of Credit that is effective January 1,
2022. Financial Institutions that are not insured depository institutions or insured credit
unions are not eligible for either of the partial exemptions. For more information on which institutions are subject to the HMDA Rule, see Section 3 of this guide. An institution can also use the HMDA Institutional Coverage Charts to help it determine if it is subject to Regulation C, as amended by the HMDA Rule. However, the HMDA Institutional Coverage Charts and this guide are not substitutes for the HMDA Rule. For more information on the partial exemptions, see Section 4.3. Second, a Financial Institution must assess which of its products and services involve Covered Loans and reportable activity under the HMDA Rule. For more information on which transactions relate to Covered Loans and reportable activity, see Section 4 of this guide. It is important to note that the HMDA Rule may not require a Financial Institution to report Open-End Lines of Credit. Initially, a Financial Institution is not required to collect or report information about Open-End Lines of Credit if it originated fewer than 500 Open-End Lines of Credit in either of the preceding two calendar years. Effective January 1, 2022, a Financial Institution is not required to collect or report information about Open-End Lines of Credit if it originated fewer than 100 Open-End Lines of Credit in either of the preceding two calendar years. For more information on Open-End Lines of Credit, Covered Loans, and Excluded Transactions, see Section 4.1 of this guide. After determining which of its products and services involve transactions that must be reported, a Financial Institution can begin to assess which of its departments, systems, and staff will be affected. Third, the Financial Institution should determine what information it must report and how it will collect this information. The information that a Financial Institution must report might vary depending on the type of transaction being reported. For example, a Financial Institution may not be required to collect and report the same information for a purchased Covered Loan as for an originated Covered Loan. It might not be required to report the same information for a 122 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

business-purpose loan as for a consumer-purpose loan. Additionally, effective May 24, 2018, the HMDA Rule does not require certain insured depository institutions and insured credit unions to collect, record, or report certain data points if a partial exemption applies to a transaction. For more information on the partial exemptions, see Section 4.3. After determining what information must be collected and reported for reportable transactions, a Financial Institution can refine its assessment regarding which of its systems, departments, and staff will be affected by the HMDA Rule.
9.1.1 Identifying changes to business processes, policies,
and systems
The requirements of the HMDA Rule may affect a number of a Financial Institution’s business systems, processes, and policies. A review should be conducted of existing business processes, policies, and systems that the Financial Institution, its agents, and other business partners use. Identifying impacts early will allow the Financial Institution to understand what changes will be needed to support ongoing compliance. When reviewing its existing processes, policies, and systems, a Financial Institution should consider the HMDA Rule’s requirement to submit data electronically beginning in 2018. Beginning in 2018, Financial Institutions will not be able to use paper-based submissions for HMDA data. The Bureau has created a web-based tool for submission of HMDA data. Financial Institutions should become familiar with the new web-based submission tool and be able to use it to submit data beginning in 2018. For more information on the web-based submission tool, see http://www.consumerfinance.gov/hmda/. Financial Institutions may need to revise or develop processes and policies to comply with the changes to transactional coverage. For example, a Financial Institution may need to develop new processes and policies to comply with the reporting requirements for Open-End Lines of Credit.
9.1.2 Identifying impacts to key service providers or
business partners
Financial Institutions should review their arrangements and agreements with third parties engaged for services related to mortgage or other support activities. Close coordination and 123 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

discussion of implementation plans with these vendors and business partners is critical to ensure that the services for which they are engaged will continue to support the Financial Institution’s business needs and comply with all regulatory and legal obligations. Third-party relationships may need to be reviewed and adjusted to satisfy requirements for collecting, recording, or reporting required HMDA data, updating compliance and quality control systems and processes, and ensuring record management requirements are in place. If the Financial Institution seeks the assistance of vendors or business partners, it is responsible for understanding the extent of the assistance that they provide. Also, the data collection and reporting requirements in the HMDA Rule reinforce the need to assess current integrations between the Financial Institution’s technology platforms and those of its third-party providers to determine what updates are necessary. Software providers, other vendors, and business partners may offer compliance solutions that can assist with any necessary changes. Identifying these key partners will depend on the Financial Institution’s business model. For example, Financial Institutions may find it helpful to coordinate and discuss potential implementation issues with their correspondents, secondary market partners, and technology vendors. In some cases, institutions may need to negotiate revised or new contracts with these parties, or seek a different set of services. The Bureau expects supervised banks and nonbanks to have an effective process for managing the risks of service provider relationships. For more information, see CFPB Bulletin 2012-03 at http://files.consumerfinance.gov/f/201204_cfpb_bulletin_service-providers.pdf.
9.2 Implementation and compliance
management support activities
9.2.1 Implementation and compliance management
Financial Institutions should develop implementation plans and follow change management procedures to implement the requirements of the HMDA Rule based on an assessment of impacts. The plans should be developed in consultation with, or reviewed by, key stakeholders such as legal, compliance, and information technology departments. Implementation plans 124 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

should be proactively and clearly communicated to the Board of Directors and senior management. Policies, procedures, and process maps may need to be updated to reflect the changes made to business processes in response to the requirements of the HMDA Rule. In addition, Financial Institutions’ compliance management systems and other risk management supporting activities may need to be adjusted to reflect the requirements of the HMDA Rule. The HMDA Rule changes the way that HMDA data will be disclosed. These changes will require Financial Institutions to provide new notices and post revised notices. They may also affect policies and procedures. A Financial Institution may, but is not required to, use the model notices in Attachment C. For more information on disclosure requirements, see Section 6.3 of this guide. The HMDA Rule’s changes regarding the collection and reporting of an applicant’s ethnicity, race, and sex will require that Financial Institutions revise their collection forms or Application forms. For more information on collecting ethnicity, race, and sex information, see Section 5.1 of this guide and appendix B to the HMDA Rule. When implementing its compliance plan, a Financial Institution should note that many of the HMDA Rule’s effective dates are applicable based on when a Financial Institution takes final action, not when it received an Application.
9.2.2 HMDA responsibilities
A Financial Institution’s management should ensure that procedures and systems exist to collect and maintain accurate data for each Covered Loan and Application that the Financial Institution is responsible for reporting. The individual(s) assigned responsibility for preparing and maintaining the data should understand the regulatory requirements and be provided the resources and tools needed to produce complete and accurate data. Appropriate record entries for a Covered Loan or Application must be made on a LAR within 30 calendar days after the end of the calendar quarter in which the final action occurs (such as origination or purchase of a Covered Loan, or denial or withdrawal of an Application). The data must be submitted on time, and the institution should respond promptly to any questions that may arise during the processing of data submitted. An authorized representative of the Financial Institution with 125 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

knowledge of the data submitted must certify the accuracy and completeness of the annual data submitted.
9.2.3 Staffing and training
To ensure that it can meet its obligations under the HMDA Rule, a Financial Institution should evaluate current staffing levels and relevancy and adequacy of training provided to employees. These employees likely include operations and lending-related staff such as loan officers, processors, compliance, and quality-control staff, as well as others who approve, process, or monitor mortgage loans. Training may also be required for other individuals that the Financial Institution, its agents, or its business partners employ. Execution of tasks related to the preparation of reports or records are likely performed by compliance personnel of Financial Institutions. For some Financial Institutions, however, the data intake and transcribing stage could involve loan officers or processors whose primary function is to evaluate or process Applications. For example, loan officers may obtain information from applicants and input that information into the reporting system. 126 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Female
Male
I do not wish to provide this information
Female
Male
I do not wish to provide this information

SAMPLE DATA COLLECTION FORM
DEMOGRAPHIC INFORMATION OF APPLICANT AND CO-APPLICANT The purpose of collecting this information is to help ensure that all applicants are treated fairly and that the housing needs of communities and neighborhoods are being fulfilled. For residential mortgage lending, Federal law requires that we ask applicants for their demographic information (ethnicity, race, and sex) in order to monitor our compliance with equal credit opportunity, fair housing, and home mortgage disclosure laws. You are not required to provide this information, but are encouraged to do so. You may select one or more designations for “Ethnicity” and one or more designations for “Race.” Applicant:
Ethnicity: – Check one or more

Hispanic or Latino
Mexican
Puerto Rican
Cuban
Other Hispanic or Latino – Print origin, for example,
Argentinean, Colombian, Dominican, Nicaraguan, Salvadoran, Spaniard, and so on:
Not Hispanic or Latino
I do not wish to provide this information
Race: – Check one or more
American Indian or Alaska Native – Print name of enrolled
or principal tribe:
Asian
Asian Indian
Chinese
Filipino
Japanese
Korean
Vietnamese
Other Asian – Print race, for example, Hmong, Laotian,
Thai, Pakistani, Cambodian, and so on:
Black or African American
Native Hawaiian or Other Pacific Islander
Native Hawaiian
Guamanian or Chamorro
Samoan
Other Pacific Islander – Print race, for example, Fijian,
Tongan, and so on:
White
I do not wish to provide this information
Sex:
The law provides that we may not discriminate on the basis of this information, or on whether you choose to provide it. However, if you choose not to provide the information and you have made this application in person, Federal regulations require us to note your ethnicity, race, and sex on the basis of visual observation or surname. If you do not wish to provide some or all of this information, please check below. Co-Applicant:
Ethnicity: – Check one or more
Hispanic or Latino
Mexican
Puerto Rican
Cuban
Other Hispanic or Latino – Print origin, for example,
Argentinean, Colombian, Dominican, Nicaraguan, Salvadoran, Spaniard, and so on:
Not Hispanic or Latino
I do not wish to provide this information
Race: – Check one or more
American Indian or Alaska Native – Print name of enrolled
or principal tribe:
Asian
Asian Indian
Chinese
Filipino
Japanese
Korean
Vietnamese
Other Asian – Print race, for example, Hmong, Laotian,
Thai, Pakistani, Cambodian, and so on:
Black or African American
Native Hawaiian or Other Pacific Islander
Native Hawaiian
Guamanian or Chamorro
Samoan
Other Pacific Islander – Print race, for example, Fijian,
Tongan, and so on:
White
I do not wish to provide this information
Sex:
To Be Completed by Financial Institution (for an application taken in person):
Was the ethnicity of the applicant collected on the basis of visual observation or surname?
Yes
No
Was the race of the applicant collected on the basis of visual observation or surname?
Yes
No
Was the sex of the applicant collected on the basis of visual observation or surname?
Yes
No
Was the ethnicity of the co-applicant collected on the basis of visual observation or surname?
Yes
No
Was the race of the co-applicant collected on the basis of visual observation or surname?
Yes
No
Was the sex of the co-applicant collected on the basis of visual observation or surname?
Yes
No
ATTACHMENT A:
127 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

ATTACHMENT B:
Action taken chart
Scenarios Reportable
Action Taken Reportable Date
Financial Institution made a credit decision approving an Application, including a preapproval request, before loan closing or account opening and that credit decision resulted in a Covered Loan being originated. Comments 4(a)(8)(i)-1. Financial Institution made counteroffer and applicant accepted resulting in a Covered Loan being originated. Comments 4(a)(8)(i)-9 and 4(a)(8)(ii)-5. Loan originated Generally, loan closing or account opening date. If applicable, can be: later date of initial funds disbursement; date Financial Institution acquired Covered Loan from the party that initially received the Application; or, for a construction-topermanent loan, date Covered Loan converts to permanent financing Financial Institution purchased a Covered Loan after closing or account opening, and Financial Institution did not make a credit decision on the Application prior to closing or account opening. Comments 4(a)(8)(i)-2 and 4(a)(8)(ii)-6. Financial Institution made a credit decision on an Application prior to closing or account opening, but repurchased the Covered Loan from another entity to which the Financial Institution had sold it. Comments 4(a)(8)(i)-2 and 4(a)(8)(ii)-6. Loan purchased Date of purchase 128 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Financial Institution made a credit decision approving an Application before loan closing or account opening, all conditions were satisfied, Financial Institution agreed to extend credit, but a Covered Loan was not originated. Comments 4(a)(8)(i)-3, 4(a)(8)(i)-13, and 4(a)(8)(ii)-4. Financial Institution made a credit decision approving an Application subject to conditions that are solely customary commitment or closing conditions,23 and the conditions were not all met. Comments 4(a)(8)(i)- 13 and 4(a)(8)(ii)-4. Financial Institution made a credit decision approving an Application, subject solely to outstanding conditions that are customary commitment or closing conditions, but applicant failed to respond or a Covered Loan was not originated. Comments 4(a)(8)(i)-3 and 4(a)(8)(ii)- 4. Financial Institution made a credit decision approving an Application, all underwriting and creditworthiness conditions24 were met, outstanding conditions were solely customary commitment or closing conditions, and applicant expressly withdrew before a Covered Loan was originated. Comments 4(a)(8)(i)-13 and 4(a)(8)(ii)-4. Covered Loan was originated, but Borrower rescinded after closing and before Financial Institution was required to submit its LAR containing information for the Covered Loan. Comments 4(a)(8)(i)-10 and 4(a)(8)(ii)-4. Any reasonable date, such as approval date, deadline for accepting offer, or date file was closed Application approved but not accepted 23 Customary commitment or closing conditions include: a clear-title requirement, an acceptable property survey, acceptable title insurance binder, clear termite inspection, a subordination agreement from another lienholder, and, where the applicant plans to use the proceeds from the sale of one home to purchase another, a settlement statement showing adequate proceeds from the sale. Comment 4(a)(8)(i)-13.ii. 24 Underwriting or creditworthiness conditions include: conditions that constitute a counter-offer, (such as a demand for a higher down-payment), satisfactory debt-to-income or loan-to-value ratios, a determination of need for private mortgage insurance, a satisfactory appraisal requirement, or verification or confirmation, in whatever form the Financial Institution requires, that the applicant meets underwriting conditions concerning applicant creditworthiness, including documentation or verification of income or assets. Comment 4(a)(8)(i)-13.iii. 129 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Financial Institution denied an Application before applicant withdrew it and before file was closed for incompleteness. Comments 4(a)(8)(i)-4 and 4(a)(8)(ii)-2. Financial Institution provided conditional approval specifying underwriting or creditworthiness conditions that were not all met. Comments 4(a)(8)(i)-13 and 4(a)(8)(ii)-2. Application denied Date Application is denied or date notice sent to applicant Financial Institution made a counteroffer to lend on different terms than applicant’s initial request, and applicant did not accept the counteroffer, declined to proceed, or failed to respond. Comments 4(a)(8)(i)-9 and 4(a)(8)(ii)-2. Application denied (based on the original terms requested by applicant) Date Application is denied or date notice sent to applicant Financial Institution made counteroffer to lend on terms different than applicant’s initial request, applicant agreed to proceed with terms of counteroffer, then Financial Institution conditionally approves application subject to underwriting or creditworthiness conditions, and applicant expressly withdraws before satisfying all underwriting and creditworthiness conditions and before the Financial Institution denies the Application or closes the file for incompleteness. Comment 4(a)(8)(i)-9. Application withdrawn Date the express withdrawal was received or date shown on the notification form (if written withdrawal) 130 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Application expressly withdrawn by applicant before Financial Institution made a credit decision denying or approving the Application and before file was closed for incompleteness. Comments 4(a)(8)(i)-5 and 4(a)(8)(ii)-3. Financial Institution provided conditional approval specifying underwriting or creditworthiness conditions, and the Application was expressly withdrawn by the applicant before the applicant satisfied all specified underwriting or creditworthiness conditions and before the Financial Institution denied the loan or closed the file for incompleteness. Comments 4(a)(8)(i)-5 and 4(a)(8)(ii)-3. Date the express withdrawal was received or date shown on the notification form (if written withdrawal) Application withdrawn Financial Institution approved an Application, subject to underwriting or creditworthiness conditions, sent notice of incompleteness under Regulation B, but the applicant failed to respond within the specified time. Comments 4(a)(8)(i)-13 and 4(a)(8)(ii)-2. Applicant had not satisfied all underwriting or creditworthiness conditions, Financial Institution sent written notice of incompleteness under Regulation B, and the applicant did not respond to the request for additional information within the period of time specified in the notice. Comments 4(a)(8)(i)-6 and 4(a)(8)(ii)-2. File closed for incompleteness Note: A preapproval request that is closed for incompleteness is not reportable under HMDA Date file was closed or date notice sent to applicant Either file closed for incompleteness or application denied Note: A preapproval request that is closed for incompleteness is not reportable under HMDA Applicant had not satisfied all underwriting or creditworthiness conditions, Financial Institution sent written notice of incompleteness under Regulation B, the applicant did not respond, then the Financial Institution provided notice of adverse action on basis of incompleteness under Regulation B. Comments 4(a)(8)(i)-6 and 4(a)(8)(ii)-2. Date file was closed, Application was denied (as applicable), or notice sent to applicant 131 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

Application was a request for a preapproval under a Preapproval Program, the Financial Institution approved the preapproval request, but the Application did not result in the Financial Institution originating a Covered Loan. Comments 4(a)(8)(i)-8 and 4(a)(8)(ii)- 4. Preapproval request approved but not accepted Any reasonable date, such as approval date, deadline for accepting offer, or date file was closed Application was request for a preapproval under Preapproval Program, and the Financial Institution made a credit decision denying the preapproval request. Comments 4(a)(8)(i)-7 and 4(a)(8)(ii)-2. Date preapproval request was denied or date notice sent to applicant Preapproval request denied 132 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

ATTACHMENT C:
Sample notices
Below is a sample notice that can be provided to members of the public upon request to satisfy § 1003.5(b)(2) and (c). The following language is suggested, but is not required. Home Mortgage Disclosure Act Notice The HMDA data about our residential mortgage lending are available online for review. The data show geographic distribution of loans and applications; ethnicity, race, sex, age and income of applicants and borrowers; and information about loan approvals and denials. These data are available online at the Consumer Financial Protection Bureau’s Web site (www.consumerfinance.gov/hmda). HMDA data for many other financial institutions are also available at this Web site. Below is a sample posted notice that can be used to satisfy § 1003.5(e) and inform the public of availability of HMDA data. The following language is suggested, but is not required. Home Mortgage Disclosure Act Notice The HMDA data about our residential mortgage lending are available online for review. The data show geographic distribution of loans and applications; ethnicity, race, sex, age and income of applicants and borrowers; and information about loan approvals and denials. HMDA data for many other financial institutions are also available online. For more information, visit the Consumer Financial Protection Bureau’s Web site (www.consumerfinance.gov/hmda). 133 HOME MORTGAGE DISCLOSURE (REGULATION C) VERSION 4.0

APPENDIX C: Instructions on Collection of
Data on Ethnicity, Race, and Sex
The following is a copy of the CFPB’s HMDA Collection and Reporting of HMDA Information about Ethnicity and Race chart, a reference tool summarizing the options available for collection and reporting of HMDA Ethnicity and Race data. This Chart is not a substitute for Regulation C. Regulation C and its official interpretations (also known as the commentary) are the definitive sources of information regarding its requirements. Regulation C and its official interpretations are available in Appendix H and I of this Guide and at www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1003/.

for applicant data collected prior to January 1, 2018 where final action is taken on or after January 1, 2018. However, because

Effective January 1, 2017
Collection and Reporting of HMDA Information about Ethnicity and Race This chart summarizes the options available to financial institutions to collect and report HMDA race and ethnicity information. Current Regulation C, which implements HMDA, requires certain financial institutions to collect and report information about the ethnicity, race, and sex of applicants for mortgages. Regulation C, as amended by the 2015 HMDA Rule and the 2017 HMDA Rule, will generally require financial institutions to permit applicants to self-identify using disaggregated ethnicity and race categories* beginning January 1, 2018, but which provides a transition rule Regulation B generally prohibits creditors from asking for information about ethnicity and race unless authorized by law, including by Regulation C, the Bureau Official Approval Notice issued on September 23, 2016 allows creditors, at their option, at any time from January 1, 2017, through December 31, 2017, to permit applicants to selfidentify using the disaggregated ethnicity and race categories* provided in appendix B to Regulation C, as amended by the 2015 HMDA final rule. Further, on September 20, 2017, the Bureau issued an amendment to Regulation B (2017 Regulation B Rule) to allow creditors flexibility concerning the collection of applicant ethnicity and race information in certain additional specified circumstances.

(82 FR 43088)
(82 FR 43088)
Application year
Final action year
Ethnicity and race collection and reporting requirements Regulatory references 2017 2017 Collect aggregate and report aggregate, OR Current Regulation C, effective January 1, 2017 (12 CFR part 1003, appendices A and B) 2017 2017 Collect disaggregated and report aggregate Bureau Official Approval Notice (81 FR 66930) 2017 2018 Collect aggregate and report aggregate, OR Current Regulation C, effective January 1, 2017 (12 CFR part 1003, appendices A and B) AND transition rule, effective January 1, 2018 (2015 HMDA Final Rule, comment 4(a)(10)(i)-2) 2017 2018 Collect disaggregated and report aggregate, OR Bureau Official Approval Notice (81 FR
66930) AND
transition rule, effective January 1, 2018
(2015 HMDA Final Rule, comment
4(a)(10)(i)-2)
2017 2018 Collect disaggregated and report disaggregated Bureau Official Approval Notice (81 FR 66930) 2018 and beyond 2018 and beyond Collect disaggregated and report disaggregated, AND 2015 HMDA Rule (80 FR 66127) AND 2017 HMDA Rule 2018 and beyond 2018 and beyond Report whether ethnicity, race, and sex were collected on the basis of visual observation or surname 2015 HMDA Rule (80 FR 66127) AND 2017 HMDA Rule *Only an applicant may self-identify using the disaggregated ethnicity and race categories. When a financial institution collects ethnicity, race, and sex on the basis of visual observation or surname for an application taken in person because the applicant chose not to provide the information, the financial institution must select from the aggregate categories. Prior to the 2015 HMDA Rule, Regulation C required that the financial institution note the ethnicity, race, and sex on the basis of visual observation if the applicant chose not to furnish the information and the application was made in person, but the financial institution is not required to report that ethnicity, race, and sex were collected on the basis of visual observation. Additionally, the 2017 Regulation B Rule and the 2017 HMDA Rule permit certain creditors, at their option to voluntarily collect and report, respectively, certain ethnicity, race, and sex information about applications for certain mortgage loans. This chart provides an overview of the ethnicity and race collection and reporting requirements under HMDA, Regulation C, the Bureau’s Official Approval Notice, and certain aspects of Regulation B. It does not by itself establish any binding obligations. It is intended only to act as a reference and not as a substitute for the regulation or its official commentary. Always consult the regulation text and official commentary for a complete understanding of the law. Version 2.0, 10/16/2017

APPENDIX D: Institutional Coverage Chart
The following is a copy of the CFPB’s HMDA Institutional Coverage Chart, a reference tool illustrating the criteria to help determine whether an institution is covered by Regulation C in 2018 and thereafter. This copy was last updated on January 9, 2020. This Chart is not a substitute for Regulation C. Regulation C and its official interpretations (also known as the commentary) are the definitive sources of information regarding its requirements. Regulation C and its official interpretations are available in Appendix H and I of this Guide and at www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1003/.

HMDA institutional coverage
The precise criteria for whether an institution is covered by Regulation C are codified in 12 CFR § 1003.2(g). These criteria are illustrated by the following diagrams. Coverage criteria | Effective January 1, 2018 through December 31, 2021¹ Is the institution a bank, credit union, or savings association? Depository Institution Yes No On the preceding December 31, did the total assets of the institution exceed the asset threshold2? Yes

Yes
No

On the preceding December 31, did the institution have a home or branch office in a Metropolitan Statistical Area (MSA)? No Yes In the preceding calendar year, did the institution originate at least one home purchase loan or refinancing of a home purchase loan secured by a first lien on a one- to four-unit dwelling? No Yes Is the institution federally insured or regulated; was the mortgage loan referred to above insured, guaranteed, or supplemented by a Federal agency; or was the loan intended for sale to Fannie Mae or Freddie Mac? No Yes Did the institution originate at least3:

25 closed-end mortgage loans in each of
the two preceding calendar years; or
500 open-end lines of credit in each of
the two preceding calendar years?
The institution is a depository financial institution covered by Regulation C The institution is not covered No Nondepository Institution No Is the institution a for-profit mortgagelending institution (other than a bank, savings association, or credit union)? Yes Yes No Did the institution either:
Have a home or branch office in an
MSA on the preceding December
31, or
Receive applications for, originate,
or purchase at least five home purchase loans, home improvement loans, or refinancings related to property located in the same MSA or Metropolitan Division (MD) in the preceding calendar year? Did the institution originate at least3:
25 closed-end mortgage loans in each
of the two preceding calendar years; or
500 open-end lines of credit in each
of the two preceding calendar years?
No
Yes
The institution is a nondepository financial institution covered by Regulation C The institution is not covered This chart summarizes requirements under HMDA and Regulation C, and does not itself establish any binding obligations. It is intended only to act as a quick reference and not as a substitute for the regulation or its commentary. Always consult the regulation text and official commentary for a complete understanding of the law. Version 3.0, 10/10/2019 1 This chart is effective January 1, 2018 through December 31, 2021. Absent further rulemaking, on January 1, 2022 the open-end line of credit threshold will adjust to 100. 2 Every year, the Bureau announces the size of the asset threshold in the Federal Register. The asset threshold may change from year to year based on changes in the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers. 3 Some transactions are not HMDA reportable and are excluded from the coverage criteria. For more information, please see § 1003.3(c) of Regulation C. Consumer Financial Protection Bureau

APPENDIX E: Transactional Coverage Chart
The following is a copy of the CFPB’s 2018 HMDA Transactional Coverage Chart, a reference tool illustrating one approach to help determine whether a transaction is reportable under HMDA for 2018 data and thereafter. This Chart is not a substitute for Regulation C. Regulation C and its official interpretations (also known as the commentary) are the definitive sources of information regarding its requirements. Regulation C and its official interpretations are available in Appendix H and I of this Guide and at www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1003/.

Consumer Financial
Protection Bureau

HMDA transactional coverage
Effective January 1, 2018
Under HMDA and Regulation C, a transaction is reportable only if it is an Application for, an origination of, or a purchase of a Covered Loan. These materials illustrate one approach to help determine whether a transaction involves a Covered Loan. If the transaction involves a Covered Loan, it is reported only if the institution meets the applicable loan-volume thresholds. Terms that are defined in Regulation C are capitalized in this document for ease of reference. Click on the numbers below to view the instructions for each step. Does the transaction involve a Covered Loan? No Yes Transaction involves a Covered Loan 1 Excluded by its purpose? page 2 2 Secured by a lien on a Dwelling? page 3 3 Involve an extension of credit? page 4 4 Other exclusions apply? page 5 Does not involve a Covered Loan Yes These materials summarize requirements under HMDA and Regulation C and do not themselves establish any binding obligations. They are intended only to act as a reference and not as a substitute for the regulation or its official commentary. Always consult the regulation text and official commentary for a complete understanding of the law. Version 2.0, 9/28/2017

1 Is the transaction excluded by its purpose?

Is the transaction primarily for agricultural purposes?
NOTE: Agricultural-purpose transactions include transactions that are secured by a Dwelling that is located on real property that is used primarily for agricultural purposes. § 1003.3(c)(9) Is the transaction otherwise made primarily for a business or commercial purpose? § 1003.3(c)(10) Is the transaction also:

a Home Improvement Loan? § 1003.2(i),
a Home Purchase Loan? § 1003.2(j),
or
a Refinancing? (Including cash-out Refinancing) § 1003.2(p)
Proceed to Step 2
No
Yes
Does not involve a Covered Loan
Consumer Financial

Protection Bureau back to page 1 page 2 of 6

2 Is the transaction secured by a lien on a Dwelling?¹

Proceed to Step 3 Does not involve a Covered Loan Yes No Is the transaction secured by a lien on a Dwelling?¹ Use the table below to help determine whether the transaction is secured by a lien on a Dwelling.

Single family structures Multifamily structures Mixed-use purposes Dwelling

Principal residences
Second homes
Vacation homes
Manufactured Homes or
other factory built homes
Investment properties
Individual condominium units
Detached homes
Individual cooperative units
Apartment buildings
or complexes
Manufactured home
communities
Condominium buildings
or complexes
Cooperative buildings
or complexes
Mixed-use property if primary
use is residential
Properties for long-term
housing and related services
(such as assisted living for senior citizens or supportive housing for people with disabilities)
Properties for long-term
housing and medical care if primary use is residential Not a Dwelling Not a Dwelling Not a Dwelling
Transitory residences
Recreational vehicles
Boats
Campers
Travel trailers
Park model RVs
Floating homes
Houseboats
Mobile homes constructed
before June 15, 1976
Transitory residences
Hotels
Hospitals and properties
used to provide medical care (such as skilled nursing, rehabilitation, or long-term medical care)
College dormitories
Recreational vehicle parks
Mixed-use property if primary
use is not residential
Transitory residences
Structures originally
designed as Dwellings but used exclusively for commercial purposes
Properties for long-term
housing and medical care if primary use is not residential ¹Dwelling means a residential structure, whether or not attached to real property. § 1003.2(f) and comments 2(f)-1 through -5. Consumer Financial Protection Bureau back to page 1 page 3 of 6

3 Does the transaction involve an extension of credit?²

Yes
Proceed to Step 4
Is or was the transaction:

an assumption? comment 2(d)-2.i
or
completed pursuant to a New York State consolidation,
extension, and modification agreement (CEMA)? comment 2(d)-2.ii Credit granted pursuant to a new debt obligation? No Yes No Does not involve a Covered Loan ² Generally under Regulation C, an extension of credit refers to the granting of credit only pursuant to a new debt obligation. If the transaction modifies, renews, extends, or amends the terms of an existing debt obligation, but the existing debt obligation is not satisfied and replaced, the transaction is not a new extension of credit, unless it falls within the two exceptions noted above. § 1003.2(d) and (o), and comments 2(d)-2 and 2(o)-2 Consumer Financial Protection Bureau back to page 1 page 4 of 6

4 Do other exclusions apply? § 1003.3(c)(1) through (8) and (c)(13)

If NO to all of the questions
If YES to any of the questions
Transaction involves a Covered Loan
Does not involve a Covered Loan
Is or was the transaction:

originated or purchased by the Financial Institution acting in a fiduciary
capacity?
secured by a lien on unimproved land?
temporary financing?
the purchase of an interest in a pool of otherwise Covered Loans, such as
mortgage-participation certificates, mortgage-backed securities, or real estate mortgage investment conduits?
the purchase solely of the right to service an otherwise Covered Loan?
a purchase as part of a merger or acquisition, or as part of the acquisition
of all of the assets and liabilities of a branch office?
for a total dollar amount that is less than $500?
a purchase of a partial interest in an otherwise Covered Loan?
to provide new funds in advance of a consolidation agreement completed
pursuant to a New York State CEMA where consolidation occurred in the same year as final action on the transaction? Consumer Financial

Protection Bureau back to page 1 page 5 of 6

Transaction involves a Covered Loan
Regulation C provides different loan-volume reporting thresholds for transactions that involve a Covered Loan depending on whether they involve a Closed-End Mortgage Loan or an Open-End Line of Credit. § 1003.3(c)(11) and (12). Reporting is required if a threshold is met in each of the two preceding calendar years.3 (See 2018 Institutional Coverage Chart for guidance regarding institutional coverage.) Closed-End Mortgage Loan § 1003.2(d) Open-End Line of Credit § 1003.2(o) Lending activity Lending activity Originated at least 500 Open-End Lines of Credit in each of the two preceding calendar years? § 1003.3(c)(12) Data reporting Data reporting Originated at least 25 Closed-End Mortgage Loans in each of the two preceding calendar years? § 1003.3(c)(11) Yes No Yes No Not required to report ClosedEnd Mortgage Loan Applications, originations, and purchases Not required to report Open-End Lines of Credit Applications, originations, and purchases Required to report all Closed-End Mortgage Loan Applications, originations, and purchases Required to report all Open-End Lines of Credit Applications, originations, and purchases
Only originated Covered Loans count toward the loan-volume thresholds. If a threshold is met, the
institution reports all Applications for Covered Loans that it receives, Covered Loans that it originates, and Covered Loans that it purchases for that type of transaction (either Closed-End Mortgage Loan or Open-End Line of Credit, or both, if both thresholds are met).
Covered consumer and business or commercial purpose originations should be counted together when
assessing the individual thresholds for Closed-End Mortgage Loans and Open-End Lines of Credit.
A financial institution may voluntarily report Closed-End Mortgage Loans or Open-End Lines of Credit
that are excluded because the financial institution does not meet the transactional threshold for that type of transaction. However, if it chooses to voluntarily report Closed-End Mortgage Loans or Open-End Lines of Credit, the financial institution must report all such transactions that would otherwise be covered loans for that calendar year. 3 The threshold for open-end lines of credit is set at 500 for calendar years 2018 and 2019. See the Bureau’s August 2017 Final Rule for more information about the temporary threshold increase for open-end lines of credit, available at consumerfinance.gov/policy-compliance/rulemaking/final-rules/regulation-c-home-mortgage-disclosure-act. Consumer Financial Protection Bureau back to page 1 page 6 of 6

APPENDIX F: Partial Exemptions
The following are charts that illustrate the 26 data points covered by the partial exemptions and the 22 data points that are not covered by the partial exemptions. This copy was last updated on March 7, 2019. These Charts are not a substitute for Regulation C. Regulation C and its official interpretations (also known as the commentary) are the definitive sources of information regarding its requirements. Regulation C and its official interpretations are available in Appendix H and I of this Guide and at www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1003/.

Data Points Eligible Financial Institutions Need Not Collect or Report under the HMDA Rule For Transactions Covered by a Partial Exemption

Universal Loan Identifier (ULI) (1003.4(a)(1)(i))1
Application Channel (1003.4(a)(33))
Loan Term (1003.4(a)(25))
Reasons for Denial (1003.4(a)(16))2
Property Address (1003.4(a)(9)(i))
Manufactured Home Secured Property Type (1003.4(a)(29))
Manufactured Home Land Property Interest (1003.4(a)(30))
Property Value (1003.4(a)(28))
Multifamily Affordable Units (1003.4(a)(32))
Debt-to-Income Ratio (1003.4(a)(23))
Combined Loan-to-Value Ratio (1003.4(a)(24))
Credit Score (1003.4(a)(15))
Automated Underwriting System (1003.4(a)(35))
Interest Rate (1003.4(a)(21))
Introductory Rate Period (1003.4(a)(26))
Rate Spread (1003.4(a)(12))
Non-Amortizing Features (1003.4(a)(27))
Total Loan Costs or Total Points and Fees (1003.4(a)(17))
Origination Charges (1003.4(a)(18))
Discount Points (1003.4(a)(19))
Lender Credits (1003.4(a)(20))
Prepayment Penalty Term (1003.4(a)(22))
Reverse Mortgage Flag (1003.4(a)(36))
Open-End Line of Credit Flag (1003.4(a)(37))
Business or Commercial Purpose Flag (1003.4(a)(38))
Mortgage Loan Originator Identifier (1003.4(a)(34))
1 If the Financial Institution chooses not to report a ULI for a Covered Loan or Application covered by a partial exemption, it must report a non-universal loan identifier as discussed in Section 5.2 of the Small Entity Compliance Guide. 2 Financial institutions supervised by the Office of the Comptroller of the Currency are required to report reasons for denial on their HMDA loan/application registers (HMDA LARs), even if a partial exemption applies. 12 CFR 27.3(a)(1)(i), 128.6. Similarly, pursuant to regulations transferred from the Office of Thrift Supervision, certain financial institutions supervised by the Federal Deposit Insurance Corporation are required to report reasons for denial on their HMDA LARs, even if a partial exemption applies. 12 CFR 390.147.
Ethnicity (1003.4(a)(10)(i))
Race (1003.4(a)(10)(i))
Sex (1003.4(a)(10)(i))
Age (1003.4(a)(10)(ii))
Income (1003.4(a)(10)(iii))
Legal Entity Identifier (LEI) (1003.5(a)(3))
Application Date (1003.4(a)(1)(ii)
Preapproval (1003.4(a)(4))
Loan Type (1003.4(a)(2))
Loan Purpose (1003.4(a)(3))
Loan Amount (1003.4(a)(7))
Action Taken (1003.4(a)(8)(i))
Action Taken Date (1003.4(a)(8)(ii))
State (1003.4(a)(9)(ii)(A))
County (1003.4(a)(9)(ii)(B))
Census Tract (1003.4(a)(9)(ii)(C))
Construction Method (1003.4(a)(5))
Occupancy Type (1003.4(a)(6)
Lien Status (1003.4(a)(14))
Number of Units (1003.4(a)(31))
HOEPA Status (1003.4(a)(13))
Type of Purchaser (1003.4(a)(11))
Data Points Eligible Financial Institutions Must Collect and Report under the HMDA Rule for Transactions Covered by a Partial Exemption

APPENDIX G: Data Fields and Data Points
The following is a chart that lists data points and corresponding data fields and data field numbers. It also indicates the data points that are covered by partial exemptions. This copy was last updated on January 9, 2020. This chart is not a substitute for Regulation C and the HMDA Filing Instructions Guide. Regulation C and its official interpretations (also known as the commentary) are the definitive sources of information regarding its requirements. Regulation C and its official interpretations are available in Appendix H and I of this Guide and at www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1003/. The Filing Instructions Guide and Supplemental Guide for Quarterly Filers are available at ffiec.cfpb.gov.

TABLE 1: FILING INSTITUTION, REPORTING PERIOD, AND CONTACT INFORMATION
(TRANSMITTAL SHEET)
Data Field Name Regulation C References
1 Record Identifier § 1003.5(a)(5)(a)
2 Financial Institution Name § 1003.5(a)(3)(i) 3 Calendar Year § 1003.5(a)(3)(ii) 4 Calendar Quarter § 1003.5(a)(3)(ii) 5 Contact Person’s Name § 1003.5(a)(3)(iii) 6 Contact Person’s Telephone Number § 1003.5(a)(3)(iii) 7 Contact Person’s E-mail Address § 1003.5(a)(3)(iii) Contact Person’s Office Street Address 8 § 1003.5(a)(3)(iii) 9 Contact Person’s Office City § 1003.5(a)(3)(iii) 10 Contact Person’s Office State § 1003.5(a)(3)(iii) 11 Contact Person’s Office ZIP Code § 1003.5(a)(3)(iii) 12 Federal Agency § 1003.5(a)(3)(iv) Total Number of Entries Contained in Submission 13 § 1003.5(a)(3)(v) 14 Federal Taxpayer Identification Number § 1003.5(a)(3)(vi) 15 Legal Entity Identifier (LEI) § 1003.5(a)(3)(vii) Data Field Number

1 Record Identifier § 1003.5(a)(5)(a)
TABLE 2: LOAN/APPLICATION REGISTER
Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
3
Universal Loan Identifier (ULI) or Non-Universal Loan Identifier (NULI) Legal Entity Identifier (LEI) 2 Legal Entity Identifier (LEI) § 1003.4(a)(1)(i)(A) No Universal Loan Identifier (ULI) or Non-Universal Loan Identifier (NULI) § 1003.4(a)(1)(i). Comments 4(a)(1)(i)-1 through -6, and
appendix C
§ 1003.4(a)(1)(ii),
Comments 4(a)(1)(ii)-1
4 Application Date Application Date through -3 No Yes 5 Loan Type Loan Type § 1003.4(a)(2), Comment 4(a)(2)-1 § 1003.4(a)(3), Comments 4(a)(3)-1 6 Loan Purpose Loan Purpose through -6 No No 7 Preapproval Preapproval § 1003.4(a)(4), Comments 4(a)(4)-1 and -2 No 8 Construction Method Construction Method § 1003.4(a)(5), Comments 4(a)(5)-1 through -3 No 9 Occupancy Type Occupancy Type § 1003.4(a)(6), Comments 4(a)(6)-1 through -5 No 10 Loan Amount Loan Amount § 1003.4(a)(7), Comments 4(a)(7)-1 through -9 No 11 Action Taken Action Taken § 1003.4(a)(8)(i), Comments 4(a)(8)(i)-1 through -14 No

Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
12 Action Taken Date Action Taken Date
§ 1003.4(a)(8)(ii),
Comments 4(a)(8)(ii)-1 through -6 No
13 Street Address Property Address
§ 1003.4(a)(9)(i),
Comments 4(a)(9)-1 through -5 and
4(a)(9)(i)-1 through -3
Yes
14 City Property Address
§ 1003.4(a)(9)(i),
Comments 4(a)(9)-1 through -5 and
4(a)(9)(i)-1 through -3
Yes
15 State1 Property Location &
Property Address
§ 1003.4(a)(9)(i)-(ii),
Comments 4(a)(9)-1 through -5 and
4(a)(9)(i)-1 through -3
No
16 ZIP Code Property Address
§ 1003.4(a)(9)(i),
Comments 4(a)(9)-1 through -5 and
4(a)(9)(i)-1 through -3
Yes
17 County Property Location
§ 1003.4(a)(9)(ii),
Comments 4(a)(9)-1 through -5 and
4(a)(9)(i)-1 through -3
No
18 Census Tract Property Location
§ 1003.4(a)(9)(ii),
Comments 4(a)(9)-1 through -5 and
4(a)(9)(i)-1 through -3
No
19 Ethnicity of Applicant or
Borrower: 1 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
1 Reporting of the State data field is subject to the requirements of both Property Address, provided in 1003.4(a)(9)(i) and covered by the partial exemptions, and Property Location, provided in 1003.4(a)(9)(ii) and not covered by the partial exemptions.

Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
20 Ethnicity of Applicant or
Borrower: 2 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
21 Ethnicity of Applicant or
Borrower: 3 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
22 Ethnicity of Applicant or
Borrower: 4 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
23 Ethnicity of Applicant or
Borrower: 5 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
24
Ethnicity of Applicant or
Borrower: Free Form Text
Field for Other Hispanic or
Latino
Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
25 Ethnicity of Co-Applicant or
Co-Borrower: 1 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
26 Ethnicity of Co-Applicant or
Co-Borrower: 2 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
27 Ethnicity of Co-Applicant or
Co-Borrower: 3 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
28 Ethnicity of Co-Applicant or
Co-Borrower: 4 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No

Ethnicity of Co-Applicant or
Co-Borrower: Free Form Text
Field for Other Hispanic or
Latino
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
30 Ethnicity No
Ethnicity of Applicant or
Borrower Collected on the
Basis of Visual Observation or Surname
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
31 Ethnicity No
Ethnicity of Co-Applicant or
Co-Borrower Collected on the
Basis of Visual Observation or Surname
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
32 Ethnicity No
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
33 Race of Applicant or
Borrower: 1 Race
No
Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
29 Ethnicity of Co-Applicant or
Co-Borrower: 5 Ethnicity
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
34 Race of Applicant or
Borrower: 2 Race
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
35 Race of Applicant or
Borrower: 3 Race
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
36 Race of Applicant or
Borrower: 4 Race
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No
37 Race of Applicant or
Borrower: 5 Race
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
No

Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
Race of Applicant or
Borrower: Free Form Text
Field for American Indian or
Alaska Native Enrolled or
Principal Tribe
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
38 Race No
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
Race of Applicant or
Borrower: Free Form Text
Field for Other Asian
39 Race No
Race of Applicant or
Borrower: Free Form Text
Field for Other Pacific
Islander
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
40 Race No
§ 1003.4(a)(10)(i),
Comments 4(a)(10)(i)-
1 and -2 and appendix
B
41 Race of Co-Applicant or CoBorrower: 1 Race No 42 Race of Co-Applicant or CoBorrower: 2 Race § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No 43 Race of Co-Applicant or CoBorrower: 3 Race § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No 44 Race of Co-Applicant or CoBorrower: 4 Race § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No 45 Race of Co-Applicant or CoBorrower: 5 Race § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No 46 Race of Co-Applicant or CoBorrower: Free Form Text Field for American Indian or Alaska Native Enrolled or Principal Tribe Race § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No

Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
47
Race of Co-Applicant or CoBorrower: Free Form Text Field for Other Asian Race § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No 48 Race of Co-Applicant or CoBorrower: Free Form Text Field for Other Pacific Islander Race § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No 49 Race of Applicant or Borrower Collected on the Basis of Visual Observation or Surname Race § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No 50 Race of Co-Applicant or CoBorrower Collected on the Basis of Visual Observation or Surname Race § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B 51 Sex of Applicant or Borrower Sex No 52 Sex of Co-Applicant or CoBorrower Sex § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B No 53 Sex of Applicant or Borrower Collected on the Basis of Visual Observation or Surname Sex § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B § 1003.4(a)(10)(i), Comments 4(a)(10)(i)- 1 and -2 and appendix B Sex of Co-Applicant or CoBorrower Collected on the Basis of Visual Observation or Surname 54 Sex No § 1003.4(a)(10)(ii), Comments 4(a)(10)(ii)- 1 through -5 55 Age of Applicant or Borrower Age No No

Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
56 Age of Co-Applicant or CoBorrower Age
§ 1003.4(a)(10)(ii),
Comments 4(a)(10)(ii)-
1 through -5 No
57 Income Income
§ 1003.4(a)(10)(iii),
Comments
4(a)(10)(iii)-1 through -
10
No
58 Type of Purchaser Type of Purchaser
§ 1003.4(a)(11),
Comments 4(a)(11)-1 through -10 No
59 Rate Spread Rate Spread
§ 1003.4(a)(12),
Comments 4(a)(12)-1 through -9 Yes
60 HOEPA Status HOEPA Status
§ 1003.4(a)(13),
Comment 4(a)(13)-1 No
61 Lien Status Lien Status
§ 1003.4(a)(14),
Comments
4(a)(14)-1 and -2 No
62 Credit Score of Applicant or
Borrower Credit Score
§ 1003.4(a)(15),
Comments 4(a)(15)-1 through -7 Yes
63 Credit Score of Co-Applicant or Co-Borrower Credit Score § 1003.4(a)(15), Comments 4(a)(15)-1 through -7 Yes 64 Applicant or Borrower, Name and Version of Credit Scoring Model Credit Score § 1003.4(a)(15), Comments 4(a)(15)-1 through -7 Yes 65 Applicant or Borrower, Name and Version of Credit Scoring Model: Conditional Free Form Text Field for Code 8 Credit Score § 1003.4(a)(15), Comments 4(a)(15)-1 through -7 Yes 66 Co-Applicant or Co-Borrower, Name and Version of Credit Scoring Model Credit Score § 1003.4(a)(15), Comments 4(a)(15)-1 through -7 Yes

Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
67
Co-Applicant or Co-Borrower,
Name and Version of Credit
Scoring Model: Conditional
Free Form Text Field for
Code 8
Credit Score
§ 1003.4(a)(15),
Comments 4(a)(15)-1 through -7 Yes
68 Reason for Denial: 1 Reason for Denial
§ 1003.4(a)(16),
Comments 4(a)(16)-1 through -4 Yes2
69 Reason for Denial: 2 Reason for Denial
§ 1003.4(a)(16),
Comments 4(a)(16)-1 through -4 Yes2
70 Reason for Denial: 3 Reason for Denial
§ 1003.4(a)(16),
Comments 4(a)(16)-1 through -4 Yes2
71 Reason for Denial: 4 Reason for Denial
§ 1003.4(a)(16),
Comments 4(a)(16)-1 through -4 Yes2
72
Reason for Denial:
Conditional Free Form Text
Field for Code 9
Reason for Denial
§ 1003.4(a)(16),
Comments 4(a)(16)-1 through -4 Yes2
73 Total Loan Costs Total Loan Costs or Total
Points and Fees
§ 1003.4(a)(17),
Comments 4(a)(17)(i)-
1 through -3 Yes
74 Total Points and Fees Total Loan Costs or Total Points and Fees § 1003.4(a)(17), Comments 4(a)(17)(ii)- 1 through -2 Yes 75 Origination Charges Origination Charges § 1003.4(a)(18), Comments 4(a)(18)-1 through -3 Yes 2Financial institutions supervised by the Office of the Comptroller of the Currency are required to report reasons for denial on their HMDA loan/application registers (HMDA LARs), even if a partial exemption applies. 12 CFR 27.3(a)(1)(i), 128.6. Similarly, pursuant to regulations transferred from the Office of Thrift Supervision, certain financial institutions supervised by the Federal Deposit Insurance Corporation are required to report reasons for denial on their HMDA LARs. 12 CFR 390.147.

Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
76 Discount Points Discount Points
§ 1003.4(a)(19),
Comments 4(a)(19)-1 through -3 Yes
77 Lender Credits Lender Credits
§ 1003.4(a)(20),
Comments 4(a)(20)-1 through -3 Yes
78 Interest Rate Interest Rate
§ 1003.4(a)(21),
Comments 4(a)(21)-1 through -3 Yes
79 Prepayment Penalty Term Prepayment Penalty Term § 1003.4(a)(22), Comments 4(a)(22)-1 through -2 Yes 80 Debt-to-Income Ratio Debt-to-Income Ratio § 1003.4(a)(23), Comments 4(a)(23)-1 through -7 Yes 81 Combined Loan-to-Value Ratio Combined Loan-to-Value Ratio § 1003.4(a)(24), Comments 4(a)(24)-1 through -6 Yes 82 Loan Term Loan Term § 1003.4(a)(25), Comments 4(a)(25)-1 through -5 Yes 83 Introductory Rate Period Introductory Rate Period § 1003.4(a)(26), Comments 4(a)(26)-1 through -5 Yes 84 Balloon Payment Non-Amortizing Features § 1003.4(a)(27)(i), Comment 4(a)(27)-1 Yes 85 Interest-Only Payments Non-Amortizing Features § 1003.4(a)(27)(ii), Comment 4(a)(27)-1 Yes 86 Negative Amortization Non-Amortizing Features § 1003.4(a)(27)(iii), Comment 4(a)(27)-1 Yes 87 Other Non-amortizing Features Non-Amortizing Features § 1003.4(a)(27)(iv), Comment 4(a)(27)-1 Yes

Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
88 Property Value Property Value
§ 1003.4(a)(28),
Comments 4(a)(28)-1 through -4 Yes
89 Manufactured Home Secured
Property Type
Manufactured Home
Secured Property Type
§ 1003.4(a)(29),
Comments 4(a)(29)-1 through -4 Yes
90 Manufactured Home Land
Property Interest
Manufactured Home Land
Property Interest
§ 1003.4(a)(30),
Comments 4(a)(30)-1 through -6 Yes
91 Total Units Total Units
§ 1003.4(a)(31),
Comments 4(a)(31)-1 through -4 No
92 Multifamily Affordable Units Multifamily Affordable Units § 1003.4(a)(32), Comments 4(a)(32)-1 through -6 Yes 93 Submission of Application Application Channel § 1003.4(a)(33)(i), Comments 4(a)(33)-1, 4(a)(33)(i)-1, Yes 94 Initially Payable to Your Institution Application Channel § 1003.4(a)(33)(ii), Comments 4(a)(33)(ii)- 1 through -2 Yes 95 Mortgage Loan Originator NMLSR Identifier Mortgage Loan Originator NMLSR Identifier § 1003.4(a)(34), Comments 4(a)(34)-1 through -4 Yes 96 Automated Underwriting System: 1 Automated Underwriting System § 1003.4(a)(35), Comments 4(a)(35)-1 through -7 Yes 97 Automated Underwriting System: 2 Automated Underwriting System § 1003.4(a)(35), Comments 4(a)(35)-1 through -7 Yes 98 Automated Underwriting System: 3 Automated Underwriting System § 1003.4(a)(35), Comments 4(a)(35)-1 through -7 Yes

Data
Field
Number
Data Field Name Data Point Name Regulation C
References
Data Point
Covered by
Partial
Exemptions?
99 Automated Underwriting
System: 4
Automated Underwriting
System
§ 1003.4(a)(35),
Comments 4(a)(35)-1 through -7 Yes
100 Automated Underwriting
System: 5
Automated Underwriting
System
§ 1003.4(a)(35),
Comments 4(a)(35)-1 through -7 Yes
101
Automated Underwriting
System: Conditional Free
Form Text Field for Code 5
Automated Underwriting
System
§ 1003.4(a)(35),
Comments 4(a)(35)-1 through -7 Yes
102 Automated Underwriting
System Result: 1
Automated Underwriting
System
§ 1003.4(a)(35),
Comments 4(a)(35)-1 through -7 Yes
103 Automated Underwriting
System Result: 2
Automated Underwriting
System
§ 1003.4(a)(35),
Comments 4(a)(35)-1 through -7 Yes
104 Automated Underwriting
System Result: 3
Automated Underwriting
System
§ 1003.4(a)(35),
Comments 4(a)(35)-1 through -7 Yes
105 Automated Underwriting
System Result: 4
Automated Underwriting
System
§ 1003.4(a)(35),
Comments 4(a)(35)-1 through -7 Yes
106 Automated Underwriting
System Result: 5
Automated Underwriting
System
§ 1003.4(a)(35),
Comments 4(a)(35)-1 through -7 Yes
107
Automated Underwriting
System Result: Conditional
Free Form Text Field for
Code 16
Automated Underwriting
System
§ 1003.4(a)(35),
Comments 4(a)(35)-1 through -7 Yes
108 Reverse Mortgage Reverse Mortgage § 1003.4(a)(36) Yes 109 Open-End Line of Credit Open-End Line of Credit § 1003.4(a)(37), Comment 4(a)(37)-1 Yes 110 Business or Commercial Purpose Business or Commercial Purpose § 1003.4(a)(38), Comment 4(a)(38)-1 Yes i

i This chart is intended to be used as a reference tool for data required to be collected, recorded, and reported under Regulation C, as amended by the 2015 HMDA Rule, 2017 HMDA Rule, and the 2018 Act that was further clarified by the 2019 HMDA Rule. It includes the data field numbers and data field names that are provided in the HMDA Filing Instructions Guide. The HMDA Filing Instructions can be found at https://ffiec.cfpb.gov

APPENDIX H: Regulation C
The following is a copy of Regulation C. This copy is current as of January 9, 2020. This appendix is a compilation of material and not an official legal edition of the Code of Federal Regulations or the Federal Register. We have made every effort to ensure the material presented in this tool is accurate, but if you are relying on it for legal research you should consult the official editions of those sources to confirm your findings.

Regulation C
§ 1003.1 AUTHORITY, PURPOSE, AND SCOPE.
(a) Authority. This part, known as Regulation C, is issued by the Bureau of Consumer Financial Protection (Bureau) pursuant to the Home Mortgage Disclosure Act (HMDA) (12 U.S.C. 2801 et seq.,) as amended. The information-collection requirements have been approved by the U.S. Office of Management and Budget (OMB) under 44 U.S.C. 3501 et seq. and have been assigned OMB numbers for institutions reporting data to the Office of the Comptroller of the Currency (1557-0159), the Federal Deposit Insurance Corporation (3064-0046), the Federal Reserve System (7100-0247), the Department of Housing and Urban Development (HUD) (2502-0529), the National Credit Union Administration (3133-0166), and the Bureau of Consumer Financial Protection (3170-0008). (b) Purpose. (1) This part implements the Home Mortgage Disclosure Act, which is intended to provide the public with loan data that can be used:
(i) To help determine whether financial institutions are serving the housing needs of their communities; (ii) To assist public officials in distributing public-sector investment so as to attract private investment to areas where it is needed; and (iii) To assist in identifying possible discriminatory lending patterns and enforcing antidiscrimination statutes. (2) Neither the act nor this part is intended to encourage unsound lending practices or the allocation of credit. (c) Scope. This part applies to financial institutions as defined in §1003.2(g). This part requires a financial institution to submit data to the appropriate Federal agency for the financial institution as defined in §1003.5(a)(4), and to disclose certain data to the public, about covered loans for which the financial institution receives applications, or that it originates or purchases, and that are secured by a dwelling located in a State of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico. § 1003.2 DEFINITIONS In this part:
H-1

(a) Act means the Home Mortgage Disclosure Act (HMDA) (12 U.S.C. 2801 et seq.), as amended. (b) Application— (1) In general. Application means an oral or written request for a covered loan that is made in accordance with procedures used by a financial institution for the type of credit requested. (2) Preapproval programs. A request for preapproval for a home purchase loan, other than a home purchase loan that will be an open-end line of credit, a reverse mortgage, or secured by a multifamily dwelling, is an application under this section if the request is reviewed under a program in which the financial institution, after a comprehensive analysis of the creditworthiness of the applicant, issues a written commitment to the applicant valid for a designated period of time to extend a home purchase loan up to a specified amount. The written commitment may not be subject to conditions other than:
(i) Conditions that require the identification of a suitable property; (ii) Conditions that require that no material change has occurred in the applicant's financial condition or creditworthiness prior to closing; and (iii) Limited conditions that are not related to the financial condition or creditworthiness of the applicant that the financial institution ordinarily attaches to a traditional home mortgage application. (c) Branch office means:
(1) Any office of a bank, savings association, or credit union that is considered a branch by the Federal or State supervisory agency applicable to that institution, excluding automated teller machines and other free-standing electronic terminals; and (2) Any office of a for-profit mortgage-lending institution (other than a bank, savings association, or credit union) that takes applications from the public for covered loans. A for-profit mortgagelending institution (other than a bank, savings association, or credit union) is also deemed to have a branch office in an MSA or in an MD, if, in the preceding calendar year, it received applications for, originated, or purchased five or more covered loans related to property located in that MSA or MD, respectively. (d) Closed-end mortgage loan means an extension of credit that is secured by a lien on a dwelling and that is not an open-end line of credit under paragraph (o) of this section. (e) Covered loan means a closed-end mortgage loan or an open-end line of credit that is not an excluded transaction under §1003.3(c). H-2

(f) Dwelling means a residential structure, whether or not attached to real property. The term includes but is not limited to a detached home, an individual condominium or cooperative unit, a manufactured home or other factory-built home, or a multifamily residential structure or community. (g) Financial institution means a depository financial institution or a nondepository financial institution, where:
(1) Depository financial institution means a bank, savings association, or credit union that:
(i) On the preceding December 31 had assets in excess of the asset threshold established and published annually by the Bureau for coverage by the Act, based on the year-to-year change in the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers, not seasonally adjusted, for each twelve month period ending in November, with rounding to the nearest million; (ii) On the preceding December 31, had a home or branch office in an MSA; (iii) In the preceding calendar year, originated at least one home purchase loan or refinancing of a home purchase loan, secured by a first lien on a one- to four-unit dwelling; (iv) Meets one or more of the following two criteria:
(A) The institution is federally insured or regulated; or (B) Any loan referred to in paragraph (g)(1)(iii) of this section was insured, guaranteed, or supplemented by a Federal agency, or was intended by the institution for sale to the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (v) Meets at least one of the following criteria:
(A) In each of the two preceding calendar years, originated at least 25 closed-end mortgage loans that are not excluded from this part pursuant to §1003.3(c)(1) through (10) or (13); or (B) In each of the two preceding calendar years, originated at least 500 open-end lines of credit that are not excluded from this part pursuant to §1003.3(c)(1) through (10); and (2) Nondepository financial institution means a for-profit mortgage-lending institution (other than a bank, savings association, or credit union) that:
(i) On the preceding December 31, had a home or branch office in an MSA; and (ii) Meets at least one of the following criteria:
H-3

(A) In each of the two preceding calendar years, originated at least 25 closed-end mortgage loans that are not excluded from this part pursuant to §1003.3(c)(1) through (10) or (13); or (B) In each of the two preceding calendar years, originated at least 500 open-end lines of credit that are not excluded from this part pursuant to §1003.3(c)(1) through (10). (h) [Reserved] (i) Home improvement loan means a closed-end mortgage loan or an open-end line of credit that is for the purpose, in whole or in part, of repairing, rehabilitating, remodeling, or improving a dwelling or the real property on which the dwelling is located. (j) Home purchase loan means a closed-end mortgage loan or an open-end line of credit that is for the purpose, in whole or in part, of purchasing a dwelling. (k) Loan/Application Register means both the record of information required to be collected pursuant to §1003.4 and the record submitted annually or quarterly, as applicable, pursuant to §1003.5(a). (l) Manufactured home means any residential structure as defined under regulations of the U.S. Department of Housing and Urban Development establishing manufactured home construction and safety standards (24 CFR 3280.2). For purposes of §1003.4(a)(5), the term also includes a multifamily dwelling that is a manufactured home community. (m) Metropolitan Statistical Area (MSA) and Metropolitan Division (MD). (1) Metropolitan Statistical Area or MSA means a Metropolitan Statistical Area as defined by the U.S. Office of Management and Budget. (2) Metropolitan Division (MD) means a Metropolitan Division of an MSA, as defined by the U.S. Office of Management and Budget. (n) Multifamily dwelling means a dwelling, regardless of construction method, that contains five or more individual dwelling units. (o) Open-end line of credit means an extension of credit that:
(1) Is secured by a lien on a dwelling; and
(2) Is an open-end credit plan as defined in Regulation Z, 12 CFR 1026.2(a)(20), but without regard to whether the credit is consumer credit, as defined in §1026.2(a)(12), is extended by a creditor, as defined in §1026.2(a)(17), or is extended to a consumer, as defined in §1026.2(a)(11). H-4

(p) Refinancing means a closed-end mortgage loan or an open-end line of credit in which a new, dwelling-secured debt obligation satisfies and replaces an existing, dwelling-secured debt obligation by the same borrower. (q) Reverse mortgage means a closed-end mortgage loan or an open-end line of credit that is a reverse mortgage transaction as defined in Regulation Z, 12 CFR 1026.33(a), but without regard to whether the security interest is created in a principal dwelling. H-5

§ 1003.3 EXEMPT INSTITUTIONS AND EXCLUDED AND PARTIALLY EXEMPT TRANSACTIONS. (a) Exemption based on state law. (1) A state-chartered or state-licensed financial institution is exempt from the requirements of this part if the Bureau determines that the institution is subject to a state disclosure law that contains requirements substantially similar to those imposed by this part and that contains adequate provisions for enforcement. (2) Any state, state-chartered or state-licensed financial institution, or association of such institutions, may apply to the Bureau for an exemption under paragraph (a) of this section. (3) An institution that is exempt under paragraph (a) of this section shall use the disclosure form required by its state law and shall submit the data required by that law to its state supervisory agency for purposes of aggregation. (b) Loss of exemption. An institution losing a state-law exemption under paragraph (a) of this
section shall comply with this part beginning with the calendar year following the year for which
it last reported loan data under the state disclosure law.
(c) Excluded transactions. The requirements of this part do not apply to:
(1) A closed-end mortgage loan or open-end line of credit originated or purchased by a financial institution acting in a fiduciary capacity; (2) A closed-end mortgage loan or open-end line of credit secured by a lien on unimproved land; (3) Temporary financing; (4) The purchase of an interest in a pool of closed-end mortgage loans or open-end lines of credit; (5) The purchase solely of the right to service closed-end mortgage loans or open-end lines of credit; (6) The purchase of closed-end mortgage loans or open-end lines of credit as part of a merger or acquisition, or as part of the acquisition of all of the assets and liabilities of a branch office as defined in §1003.2(c); (7) A closed-end mortgage loan or open-end line of credit, or an application for a closed-end mortgage loan or open-end line of credit, for which the total dollar amount is less than $500; (8) The purchase of a partial interest in a closed-end mortgage loan or open-end line of credit; H-6

(9) A closed-end mortgage loan or open-end line of credit used primarily for agricultural purposes; (10) A closed-end mortgage loan or open-end line of credit that is or will be made primarily for a business or commercial purpose, unless the closed-end mortgage loan or open-end line of credit is a home improvement loan under §1003.2(i), a home purchase loan under §1003.2(j), or a refinancing under §1003.2(p); (11) A closed-end mortgage loan, if the financial institution originated fewer than 25 closed-end mortgage loans in either of the two preceding calendar years; a financial institution may collect, record, report, and disclose information, as described in §§1003.4 and 1003.5, for such an excluded closed-end mortgage loan as though it were a covered loan, provided that the financial institution complies with such requirements for all applications for closed-end mortgage loans that it receives, closed-end mortgage loans that it originates, and closed-end mortgage loans that it purchases that otherwise would have been covered loans during the calendar year during which final action is taken on the excluded closed-end mortgage loan; (12) An open-end line of credit, if the financial institution originated fewer than 500 open-end lines of credit in either of the two preceding calendar years; a financial institution may collect, record, report, and disclose information, as described in §§1003.4 and 1003.5, for such an excluded open-end line of credit as though it were a covered loan, provided that the financial institution complies with such requirements for all applications for open-end lines of credit that it receives, open-end lines of credit that it originates, and open-end lines of credit that it purchases that otherwise would have been covered loans during the calendar year during which final action is taken on the excluded open-end line of credit; or (13) A transaction that provided or, in the case of an application, proposed to provide new funds to the applicant or borrower in advance of being consolidated in a New York State consolidation, extension, and modification agreement classified as a supplemental mortgage under New York Tax Law section 255; the transaction is excluded only if final action on the consolidation was taken in the same calendar year as final action on the new funds transaction. (d) Partially exempt transactions. (1) For purposes of this paragraph (d), the following definitions apply:
(i) Insured credit union means an insured credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (ii) Insured depository institution means an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (iii) Optional data means the data identified in § 1003.4(a)(1)(i), (a)(9)(i), and (a)(12), (15) through (30), and (32) through (38). (iv) Partially exempt transaction means a covered loan or application that is partially exempt under paragraph (d)(2) or (3) of this section. H-7

(2) Except as provided in paragraph (d)(6) of this section, an insured depository institution or insured credit union that, in each of the two preceding calendar years, originated fewer than 500 closed-end mortgage loans that are not excluded from this part pursuant to paragraphs (c)(1) through (10) or paragraph (c)(13) of this section is not required to collect, record, or report optional data as defined in paragraph (d)(1)(iii) of this section for applications for closed-end mortgage loans that it receives, closed-end mortgage loans that it originates, and closed-end mortgage loans that it purchases. (3) Except as provided in paragraph (d)(6) of this section, an insured depository institution or insured credit union that, in each of the two preceding calendar years, originated fewer than 500 open-end lines of credit that are not excluded from this part pursuant to paragraphs (c)(1) through (10) of this section is not required to collect, record, or report optional data as defined in paragraph (d)(1)(iii) of this section for applications for open-end lines of credit that it receives, open-end lines of credit that it originates, and open-end lines of credit that it purchases. (4) A financial institution eligible for a partial exemption under paragraph (d)(2) or (3) of this
section may collect, record, and report optional data as defined in paragraph (d)(1)(iii) of this
section for a partially exempt transaction as though the institution were required to do so,
provided that:
(i) If the institution reports the street address, city name, or Zip Code for the property securing a covered loan, or in the case of an application, proposed to secure a covered loan pursuant to § 1003.4(a)(9)(i), it reports all data that would be required by § 1003.4(a)(9)(i) if the transaction were not partially exempt; (ii) If the institution reports any data for the transaction pursuant to § 1003.4(a)(15), (16), (17), (27), (33), or (35), it reports all data that would be required by § 1003.4(a)(15), (16), (17), (27), (33), or (35), respectively, if the transaction were not partially exempt. (5) If, pursuant to paragraph (d)(2) or (3) of this section, a financial institution does not report a universal loan identifier (ULI) pursuant to § 1003.4(a)(1)(i) for an application for a covered loan that it receives, a covered loan that it originates, or a covered loan that it purchases, the financial institution shall assign and report a non-universal loan identifier (NULI). The NULI must be composed of up to 22 characters to identify the covered loan or application, which:
(i) May be letters, numerals, or a combination of letters and numerals; (ii) Must be unique within the annual loan/application register in which the covered loan or application is included; and (iii) Must not include any information that could be used to directly identify the applicant or borrower. (6) Paragraphs (d)(2) and (3) of this section do not apply to an insured depository institution that, as of the preceding December 31, had received a rating of “needs to improve record of meeting community credit needs” during each of its two most recent examinations or a rating of “substantial noncompliance in meeting community credit needs” on its most recent examination under section 807(b)(2) of the Community Reinvestment Act of 1977 (12 U.S.C. 2906(b)(2)). H-8

§ 1003.4 COMPILATION OF REPORTABLE DATA.
(a) Data format and itemization. A financial institution shall collect data regarding applications for covered loans that it receives, covered loans that it originates, and covered loans that it purchases for each calendar year. A financial institution shall collect data regarding requests under a preapproval program, as defined in §1003.2(b)(2), only if the preapproval request is denied, is approved by the financial institution but not accepted by the applicant, or results in the origination of a home purchase loan. The data collected shall include the following items:
(1)
(i) A universal loan identifier (ULI) or, for a partially exempt transaction under § 1003.3(d), either a ULI or a non-universal loan identifier (NULI) as described in § 1003.3(d)(5) for the covered loan application that can be used to identify and retrieve the covered loan or application file. Except for a purchased covered loan or application described in paragraphs (a)(1)(i)(D) and (E) of this section, the financial institution shall assign and report a ULI that:
(A) Begins with the financial institution's Legal Entity Identifier (LEI) that is issued by:
(1) A utility endorsed by the LEI Regulatory Oversight Committee; or (2) A utility endorsed or otherwise governed by the Global LEI Foundation (GLEIF) (or any successor of the GLEIF) after the GLEIF assumes operational governance of the global LEI system. (B) Follows the LEI with up to 23 additional characters to identify the covered loan or application, which:
(1) May be letters, numerals, or a combination of letters and numerals; (2) Must be unique within the financial institution; and (3) Must not include any information that could be used to directly identify the applicant or borrower; and (C) Ends with a two-character check digit, as prescribed in appendix C to this part. (D) For a purchased covered loan that any financial institution has previously assigned or reported with a ULI under this part, the financial institution that purchases the covered loan must use the ULI that was assigned or previously reported for the covered loan. (E) For an application that was previously reported with a ULI under this part and that results in an origination during the same calendar year that is reported in a subsequent reporting period pursuant to §1003.5(a)(1)(ii), the financial institution may report the same ULI for the origination that was previously reported for the application. H-9

(ii) Except for purchased covered loans, the date the application was received or the date shown on the application form. (2) Whether the covered loan is, or in the case of an application would have been, insured by the Federal Housing Administration, guaranteed by the Department of Veterans Affairs, or guaranteed by the Rural Housing Service or the Farm Service Agency. (3) Whether the covered loan is, or the application is for, a home purchase loan, a home improvement loan, a refinancing, a cash-out refinancing, or for a purpose other than home purchase, home improvement, refinancing, or cash-out refinancing. (4) Whether the application or covered loan involved a request for a preapproval of a home purchase loan under a preapproval program. (5) Whether the construction method for the dwelling related to the property identified in paragraph (a)(9) of this section is site-built or a manufactured home. (6) Whether the property identified in paragraph (a)(9) of this section is or will be used by the applicant or borrower as a principal residence, as a second residence, or as an investment property. (7) The amount of the covered loan or the amount applied for, as applicable. (i) For a closed-end mortgage loan, other than a purchased loan, an assumption, or a reverse mortgage, the amount to be repaid as disclosed on the legal obligation. For a purchased closed-end mortgage loan or an assumption of a closed-end mortgage loan, the unpaid principal balance at the time of purchase or assumption. (ii) For an open-end line of credit, other than a reverse mortgage open-end line of credit, the amount of credit available to the borrower under the terms of the plan. (iii) For a reverse mortgage, the initial principal limit, as determined pursuant to section 255 of the National Housing Act (12 U.S.C. 1715z-20) and implementing regulations and mortgagee letters issued by the U.S. Department of Housing and Urban Development. (8) The following information about the financial institution's action:
(i) The action taken by the financial institution, recorded as one of the following:
(A) Whether a covered loan was originated or purchased; (B) Whether an application for a covered loan that did not result in the origination of a covered loan was approved but not accepted, denied, withdrawn by the applicant, or closed for incompleteness; and H-10

(C) Whether a preapproval request that did not result in the origination of a home purchase loan was denied or approved but not accepted. (ii) The date of the action taken by the financial institution. (9) The following information about the location of the property securing the covered loan or, in the case of an application, proposed to secure the covered loan:
(i) The property address; and
(ii) If the property is located in an MSA or MD in which the financial institution has a home or branch office, or if the institution is subject to paragraph (e) of this section, the location of the property by:
(A) State;
(B) County; and
(C) Census tract if the property is located in a county with a population of more than 30,000 according to the most recent decennial census conducted by the U.S. Census Bureau. (10) The following information about the applicant or borrower:
(i) Ethnicity, race, and sex, and whether this information was collected on the basis of visual observation or surname; (ii) Age; and (iii) Except for covered loans or applications for which the credit decision did not consider or would not have considered income, the gross annual income relied on in making the credit decision or, if a credit decision was not made, the gross annual income relied on in processing the application. (11) The type of entity purchasing a covered loan that the financial institution originates or purchases and then sells within the same calendar year. (12) (i) For covered loans and applications that are approved but not accepted, and that are subject to Regulation Z, 12 CFR part 1026, other than assumptions, purchased covered loans, and reverse mortgages, the difference between the covered loan's annual percentage rate and the average prime offer rate for a comparable transaction as of the date the interest rate is set. H-11

(ii) “Average prime offer rate” means an annual percentage rate that is derived from average interest rates and other loan pricing terms currently offered to consumers by a set of creditors for mortgage loans that have low-risk pricing characteristics. The Bureau publishes tables of average prime offer rates by transaction type at least weekly and also publishes the methodology it uses to derive these rates. (13) For covered loans subject to the Home Ownership and Equity Protection Act of 1994, as implemented in Regulation Z, 12 CFR 1026.32, whether the covered loan is a high-cost mortgage under Regulation Z, 12 CFR 1026.32(a). (14) The lien status (first or subordinate lien) of the property identified under paragraph (a)(9) of this section. (15) (i) Except for purchased covered loans, the credit score or scores relied on in making the credit decision and the name and version of the scoring model used to generate each credit score. (ii) For purposes of this paragraph (a)(15), “credit score” has the meaning set forth in 15 U.S.C. 1681g(f)(2)(A). (16) The principal reason or reasons the financial institution denied the application, if applicable. (17) For covered loans subject to Regulation Z, 12 CFR 1026.43(c), the following information:
(i) If a disclosure is provided for the covered loan pursuant to Regulation Z, 12 CFR 1026.19(f), the amount of total loan costs, as disclosed pursuant to Regulation Z, 12 CFR 1026.38(f)(4); or (ii) If the covered loan is not subject to the disclosure requirements in Regulation Z, 12 CFR 1026.19(f), and is not a purchased covered loan, the total points and fees charged in connection with the covered loan, expressed in dollars and calculated pursuant to Regulation Z, 12 CFR 1026.32(b)(1). (18) For covered loans subject to the disclosure requirements in Regulation Z, 12 CFR 1026.19(f), the total of all itemized amounts that are designated borrower-paid at or before closing, as disclosed pursuant to Regulation Z, 12 CFR 1026.38(f)(1). (19) For covered loans subject to the disclosure requirements in Regulation Z, 12 CFR 1026.19(f), the points paid to the creditor to reduce the interest rate, expressed in dollars, as described in Regulation Z, 12 CFR 1026.37(f)(1)(i), and disclosed pursuant to Regulation Z, 12 CFR 1026.38(f)(1). H-12

(20) For covered loans subject to the disclosure requirements in Regulation Z, 12 CFR 1026.19(f), the amount of lender credits, as disclosed pursuant to Regulation Z, 12 CFR 1026.38(h)(3). (21) The interest rate applicable to the approved application, or to the covered loan at closing or account opening. (22) For covered loans or applications subject to Regulation Z, 12 CFR part 1026, other than reverse mortgages or purchased covered loans, the term in months of any prepayment penalty, as defined in Regulation Z, 12 CFR 1026.32(b)(6)(i) or (ii), as applicable. (23) Except for purchased covered loans, the ratio of the applicant's or borrower's total monthly debt to the total monthly income relied on in making the credit decision. (24) Except for purchased covered loans, the ratio of the total amount of debt secured by the property to the value of the property relied on in making the credit decision. (25) The scheduled number of months after which the legal obligation will mature or terminate or would have matured or terminated. (26) The number of months, or proposed number of months in the case of an application, until the first date the interest rate may change after closing or account opening. (27) Whether the contractual terms include or would have included any of the following:
(i) A balloon payment as defined in Regulation Z, 12 CFR 1026.18(s)(5)(i); (ii) Interest-only payments as defined in Regulation Z, 12 CFR 1026.18(s)(7)(iv); (iii) A contractual term that would cause the covered loan to be a negative amortization loan as defined in Regulation Z, 12 CFR 1026.18(s)(7)(v); or (iv) Any other contractual term that would allow for payments other than fully amortizing payments, as defined in Regulation Z, 12 CFR 1026.43(b)(2), during the loan term, other than the contractual terms described in this paragraph (a)(27)(i), (ii), and (iii). (28) The value of the property securing the covered loan or, in the case of an application, proposed to secure the covered loan relied on in making the credit decision. (29) If the dwelling related to the property identified in paragraph (a)(9) of this section is a manufactured home and not a multifamily dwelling, whether the covered loan is, or in the case of an application would have been, secured by a manufactured home and land, or by a manufactured home and not land. H-13

(30) If the dwelling related to the property identified in paragraph (a)(9) of this section is a manufactured home and not a multifamily dwelling, whether the applicant or borrower:
(i) Owns the land on which it is or will be located or, in the case of an application, did or would have owned the land on which it would have been located, through a direct or indirect ownership interest; or (ii) Leases or, in the case of an application, leases or would have leased the land through a paid or unpaid leasehold. (31) The number of individual dwelling units related to the property securing the covered loan or, in the case of an application, proposed to secure the covered loan. (32) If the property securing the covered loan or, in the case of an application, proposed to secure the covered loan includes a multifamily dwelling, the number of individual dwelling units related to the property that are income-restricted pursuant to Federal, State, or local affordable housing programs. (33) Except for purchased covered loans, the following information about the application channel of the covered loan or application:
(i) Whether the applicant or borrower submitted the application for the covered loan directly to the financial institution; and (ii) Whether the obligation arising from the covered loan was, or in the case of an

application, would have been initially payable to the financial institution.

(34) For a covered loan or application, the unique identifier assigned by the Nationwide Mortgage Licensing System and Registry for the mortgage loan originator, as defined in Regulation G, 12 CFR 1007.102, or Regulation H, 12 CFR 1008.23, as applicable. (35) (i) Except for purchased covered loans, the name of the automated underwriting system used by the financial institution to evaluate the application and the result generated by that automated underwriting system. (ii) For purposes of this paragraph (a)(35), an “automated underwriting system” means an electronic tool developed by a securitizer, Federal government insurer, or Federal government guarantor of closed-end mortgage loans or open-end lines of credit that provides a result regarding the credit risk of the applicant and whether the covered loan is eligible to be originated, purchased, insured, or guaranteed by that securitizer, Federal government insurer, or Federal government guarantor. A person is a securitizer, Federal government insurer, or Federal government guarantor of closed-end mortgage loans or open-end lines of credit, respectively, if it has ever securitized, provided Federal government H-14

insurance, or provided a Federal government guarantee for a closed-end mortgage loan or open-end line of credit. (36) Whether the covered loan is, or the application is for, a reverse mortgage. (37) Whether the covered loan is, or the application is for, an open-end line of credit. (38) Whether the covered loan is, or the application is for a covered loan that will be, made primarily for a business or commercial purpose. (b) Collection of data on ethnicity, race, sex, age, and income. (1) A financial institution shall collect data about the ethnicity, race, and sex of the applicant or borrower as prescribed in appendix B to this part. (2) Ethnicity, race, sex, age, and income data may but need not be collected for covered loans purchased by a financial institution. (c)-(d) [Reserved] (e) Data reporting for banks and savings associations that are required to report data on small business, small farm, and community development lending under CRA. Banks and savings associations that are required to report data on small business, small farm, and community development lending under regulations that implement the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) shall also collect the information required by paragraph 4(a)(9)(ii) of this section for property located outside MSAs and MDs in which the institution has a home or branch office, or outside any MSA. (f) Quarterly recording of data. A financial institution shall record the data collected pursuant to this section on a loan/application register within 30 calendar days after the end of the calendar quarter in which final action is taken (such as origination or purchase of a covered loan, sale of a covered loan in the same calendar year it is originated or purchased, or denial or withdrawal of an application). H-15

§ 1003.5 DISCLOSURE AND REPORTING.
(a) Reporting to agency.
(1)(i) Annual reporting. By March 1 following the calendar year for which data are collected and recorded as required by§ 1003.4, a financial institution shall submit its annual loan/application register in electronic format to the appropriate Federal agency at the address identified by such agency. An authorized representative of the financial institution with knowledge of the data submitted shall certify to the accuracy and completeness of data submitted pursuant to this paragraph (a)(1)(i). The financial institution shall retain a copy of its annual loan/ application register submitted pursuant to this paragraph (a)(1)(i) for its records for at least three years. (ii) [Reserved] (iii) When the last day for submission of data prescribed under this paragraph (a)(1) falls on a Saturday or Sunday, a submission shall be considered timely if it is submitted on the next succeeding Monday. (2) A financial institution that is a subsidiary of a bank or savings association shall complete a separate loan/application register. The subsidiary shall submit the loan/application register, directly or through its parent, to the appropriate Federal agency for the subsidiary’s parent at the address identified by the agency. (3) A financial institution shall provide with its submission:
(i) Its name;
(ii) The calendar year the data submission covers pursuant to paragraph (a)(1)(i) of this section; (iii) The name and contact information of a person who may be contacted with questions about the institution’s submission; (iv) Its appropriate Federal agency; (v) The total number of entries contained in the submission; (vi) Its Federal Taxpayer Identification number; and (vii) Its Legal Entity Identifier (LEI) as described in § 1003.4(a)(1)(i)(A). (4) For purposes of paragraph (a) of this section, ‘‘appropriate Federal agency’’ means the appropriate agency for the financial institution as determined pursuant to section 304(h)(2) of the Home Mortgage Disclosure Act (12 U.S.C. 2803(h)(2)) or, with respect to a financial institution subject to the Bureau’s supervisory authority under section 1025(a) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5515(a)), the Bureau. H-16

(5) Procedures for the submission of data pursuant to paragraph (a) of this section are available at www.consumerfinance.gov/hmda. (b) Disclosure statement. (1) The Federal Financial Institutions Examination Council (FFIEC) will make available a disclosure statement based on the data each financial institution submits for the preceding calendar year pursuant to paragraph (a)(1)(i) of this section. (2) No later than three business days after receiving notice from the FFIEC that a financial institution's disclosure statement is available, the financial institution shall make available to the public upon request at its home office, and each branch office physically located in each MSA and each MD, a written notice that clearly conveys that the institution's disclosure statement may be obtained on the Bureau's Web site at www.consumerfinance.gov/hmda. (c) Modified loan/application register. (1) A financial institution shall make available to the public upon request at its home office, and each branch office physically located in each MSA and each MD, a written notice that clearly conveys that the institution's loan/application register, as modified by the Bureau to protect applicant and borrower privacy, may be obtained on the Bureau's Web site at www.consumerfinance.gov/hmda. (2) A financial institution shall make available the notice required by paragraph (c)(1) of this
section following the calendar year for which the data are collected.
(d) Availability of written notices.
(1) A financial institution shall make the notice required by paragraph (c) of this section available to the public for a period of three years and the notice required by paragraph (b)(2) of this
section available to the public for a period of five years. An institution shall make these notices
available during the hours the office is normally open to the public for business. (2) A financial institution may make available to the public, at its discretion and in addition to the written notices required by paragraphs (b)(2) or (c)(1) of this section, as applicable, its disclosure statement or its loan/application register, as modified by the Bureau to protect applicant and borrower privacy. A financial institution may impose a reasonable fee for any cost incurred in providing or reproducing these data. (e) Posted notice of availability of data. A financial institution shall post a general notice about the availability of its HMDA data in the lobby of its home office and of each branch office physically located in each MSA and each MD. This notice must clearly convey that the institution's HMDA data is available on the Bureau's Web site at www.consumerfinance.gov/hmda. H-17

(f) Aggregated data. Using data submitted by financial institutions pursuant to paragraph (a)(1)(i) of this section, the FFIEC will make available aggregate data for each MSA and MD, showing lending patterns by property location, age of housing stock, and income level, sex, ethnicity, and race. § 1003.6 ENFORCEMENT. (a) Administrative enforcement. A violation of the Act or this part is subject to administrative sanctions as provided in section 305 of the Act (12 U.S.C. 2804), including the imposition of civil money penalties, where applicable. Compliance is enforced by the agencies listed in section 305 of the Act. (b) Bona fide errors. (1) An error in compiling or recording data for a covered loan or application is not a violation of the Act or this part if the error was unintentional and occurred despite the maintenance of procedures reasonably adapted to avoid such an error. (2) An incorrect entry for a census tract number is deemed a bona fide error, and is not a violation of the Act or this part, provided that the financial institution maintains procedures reasonably adapted to avoid such an error. (c) Quarterly recording and reporting. If a financial institution makes a good-faith effort to record all data required to be recorded pursuant to § 1003.4(f) fully and accurately within 30 calendar days after the end of each calendar quarter, and some data are nevertheless inaccurate or incomplete, the inaccuracy or omission is not a violation of the Act or this part provided that the institution corrects or completes the data prior to submitting its annual loan/application register pursuant to § 1003.5(a)(1)(i). H-18

APPENDIX A TOPART 1003

—[Reserved]
APPENDIX B TO PART 1003—FORM AND INSTRUCTIONS FOR DATA COLLECTION ON ETHNICITY,
RACE, AND SEX
You may list questions regarding the ethnicity, race, and sex of the applicant on your loan application form, or on a separate form that refers to the application. (See the sample data collection form below for model language.)

You must ask the applicant for this information (but you cannot require the applicant to
provide it) whether the application is taken in person, by mail or telephone, or on the internet. For applications taken by telephone, you must state the information in the collection form orally, except for that information which pertains uniquely to applications taken in writing, for example, the italicized language in the sample data collection form.
Inform the applicant that Federal law requires this information to be collected in order to
protect consumers and to monitor compliance with Federal statutes that prohibit discrimination against applicants on these bases. Inform the applicant that if the information is not provided where the application is taken in person, you are required to note the information on the basis of visual observation or surname.
If you accept an application through electronic media with a video component, you must
treat the application as taken in person. If you accept an application through electronic media without a video component (for example, facsimile), you must treat the application as accepted by mail.
For purposes of §1003.4(a)(10)(i), if a covered loan or application includes a guarantor,
you do not report the guarantor's ethnicity, race, and sex.
If there are no co-applicants, you must report that there is no co-applicant. If there is more
than one co-applicant, you must provide the ethnicity, race, and sex only for the first coapplicant listed on the collection form. A co-applicant may provide an absent co-applicant's ethnicity, race, and sex on behalf of the absent co-applicant. If the information is not provided for an absent co-applicant, you must report “information not provided by applicant in mail, internet, or telephone application” for the absent co-applicant.
When you purchase a covered loan and you choose not to report the applicant's or coapplicant's ethnicity, race, and sex, you must report that the requirement is not applicable.
You must report that the requirement to report the applicant's or co-applicant's ethnicity,
race, and sex is not applicable when the applicant or co-applicant is not a natural person (for example, a corporation, partnership, or trust). For example, for a transaction involving a H-19

Ethnicity—Other subcategories. An applicant may select the Other Hispanic or Latino ethnicity subcategory, an applicant may provide a particular Hispanic or Latino ethnicity not listed in the standard subcategories, or an applicant may do both. If the applicant provides only a particular Hispanic or Latino ethnicity in the space provided, you are permitted, but are not required, to report Other Hispanic or Latino in addition to reporting the particular Hispanic or Latino ethnicity provided by the applicant. For example, if an applicant provides only “Dominican,” you should report “Dominican.” You are permitted, but not required, to report Other Hispanic or Latino as well. If an applicant selects the Other Hispanic or Latino ethnicity subcategory and also provides a particular Hispanic or trust, you must report that the requirement to report the applicant's ethnicity, race, and sex is not applicable if the trust is the applicant. On the other hand, if the applicant is a natural person, and is the beneficiary of a trust, you must report the applicant's ethnicity, race, and sex.
8. You must report the ethnicity, race, and sex of an applicant as provided by the applicant.
For example, if an applicant selects the “Asian” box the institution reports “Asian” for the race of the applicant. Only an applicant may self-identify as being of a particular Hispanic or Latino subcategory (Mexican, Puerto Rican, Cuban, Other Hispanic or Latino) or of a particular Asian subcategory (Asian Indian, Chinese, Filipino, Japanese, Korean, Vietnamese, Other Asian) or of a particular Native Hawaiian or Other Pacific Islander subcategory (Native Hawaiian, Guamanian or Chamorro, Samoan, Other Pacific Islander) or of a particular American Indian or Alaska Native enrolled or principal tribe. An applicant may select an ethnicity or race subcategory even if the applicant does not select an aggregate ethnicity or aggregate race category. For example, if an applicant selects only the “Mexican” box, the institution reports “Mexican” for the ethnicity of the applicant but does not also report “Hispanic or Latino.”
9. You must offer the applicant the option of selecting more than one ethnicity or race. If an
applicant selects more than one ethnicity or race, you must report each selected designation, subject to the limits described below.
i. Ethnicity—Aggregate categories and subcategories. There are two aggregate ethnicity
categories: Hispanic or Latino; and Not Hispanic or Latino. The Hispanic or Latino category has four subcategories: Mexican; Puerto Rican; Cuban; and Other Hispanic or Latino. You must report every aggregate ethnicity category selected by the applicant. If the applicant also selects one or more ethnicity subcategories, you must report each ethnicity subcategory selected by the applicant, except that you must not report more than a total of five aggregate ethnicity categories and ethnicity subcategories combined. For example, if the applicant selects both aggregate ethnicity categories and also selects all four ethnicity subcategories, you must report Hispanic or Latino, Not Hispanic or Latino, and any three, at your option, of the four ethnicity subcategories selected by the applicant. To determine how to report the Other Hispanic or Latino ethnicity subcategory for purposes of the fiveethnicity maximum, see paragraph 9.ii below. ii. H-20

Latino ethnicity not listed in the standard subcategories, you must report both the selection of Other Hispanic or Latino and the additional information provided by the applicant, subject to the five-ethnicity maximum. For purposes of the maximum of five reportable ethnicity categories and ethnicity subcategories combined, as set forth in paragraph 9.i, the Other Hispanic or Latino subcategory and additional information provided by the applicant together constitute only one selection. For example, if the applicant selects Other Hispanic or Latino and enters “Dominican” in the space provided, Other Hispanic or Latino and “Dominican” are considered one selection. Similarly, if the applicant only enters “Dominican” in the space provided and you report both “Dominican” and Other Hispanic or Latino as permitted by this paragraph 9.ii, the reported items together are considered one selection.

iii. Race—Aggregate categories and subcategories. There are five aggregate race
categories: American Indian or Alaska Native; Asian; Black or African American; Native Hawaiian or Other Pacific Islander; and White. The Asian and the Native Hawaiian or Other Pacific Islander aggregate categories have seven and four subcategories, respectively. The Asian race subcategories are: Asian Indian; Chinese; Filipino; Japanese; Korean; Vietnamese; and Other Asian. The Native Hawaiian or Other Pacific Islander race subcategories are: Native Hawaiian; Guamanian or Chamorro; Samoan; and Other Pacific Islander. You must report every aggregate race category selected by the applicant. If the applicant also selects one or more race subcategories, you must report each race subcategory selected by the applicant, except that you must not report more than a total of five aggregate race categories and race subcategories combined. For example, if the applicant selects all five aggregate race categories and also selects some race subcategories, you report only the five aggregate race categories. On the other hand, if the applicant selects the White, Asian, and Native Hawaiian or Other Pacific Islander aggregate race categories, and the applicant also selects the Korean, Vietnamese, and Samoan race subcategories, you must report White, Asian, Native Hawaiian or Other Pacific Islander, and any two, at your option, of the three race subcategories selected by the applicant. In this example, you must report White, Asian, and Native Hawaiian or Other Pacific Islander, and in addition you must report (at your option) either Korean and Vietnamese, Korean and Samoan, or Vietnamese and Samoan. To determine how to report an Other race subcategory and the American Indian or Alaska Native category for purposes of the five-race maximum, see paragraphs 9.iv and 9.v below.
iv. Race—Other subcategories. An applicant may select the Other Asian race subcategory
or the Other Pacific Islander race subcategory, an applicant may provide a particular Asian race or Pacific Islander race not listed in the standard subcategories, or an applicant may do both. If the applicant provides only a particular Asian race or Pacific Islander race in the space provided, you are permitted, but are not required, to report Other Asian or Other Pacific Islander, as applicable, in addition to reporting the particular Asian race or Pacific Islander race provided by the applicant. For example, if an applicant provides only “Hmong,” you should report “Hmong.” You are permitted, but not required, to report Other H-21

Asian as well. If an applicant selects the Other Asian race or the Other Pacific Islander race subcategory and provides a particular Asian race or Pacific Islander race not listed in the standard subcategories, you must report both the selection of Other Asian or Other Pacific Islander, as applicable, and the additional information provided by the applicant, subject to the five-race maximum. For purposes of the maximum of five reportable race categories and race subcategories combined, as set forth in paragraph 9.iii, the Other race subcategory and additional information provided by the applicant together constitute only one selection. Thus, using the same facts in the example offered in paragraph 9.iii above, if the applicant also selects Other Asian and enters “Thai” in the space provided, Other Asian and Thai are considered one selection. Similarly, if the applicant enters only “Thai” in the space provided and you report both “Thai” and Other Asian as permitted by this paragraph 9.iv, the reported items together are considered one selection. In the same example, you must report any two (at your option) of the four race subcategories selected by the applicant, Korean, Vietnamese, Other Asian-Thai, and Samoan, in addition to the three aggregate race categories selected by the applicant.
v. Race—American Indian or Alaska Native category. An applicant may select the
American Indian or Alaska Native race category, an applicant may provide a particular American Indian or Alaska Native enrolled or principal tribe, or an applicant may do both. If the applicant provides only a particular American Indian or Alaska Native enrolled or principal tribe in the space provided, you are permitted, but are not required, to report American Indian or Alaska Native in addition to reporting the particular American Indian or Alaska Native enrolled or principal tribe provided by the applicant. For example, if an applicant provides only “Navajo,” you should report “Navajo.” You are permitted, but not required, to report American Indian or Alaska Native as well. If an applicant selects the American Indian or Alaska Native race category and also provides a particular American Indian or Alaska Native enrolled or principal tribe, you must report both the selection of American Indian or Alaska Native and the additional information provided by the applicant. For purposes of the maximum of five reportable race categories and race subcategories combined, as set forth in paragraph 9.iii, the American Indian or Alaska Native category and additional information provided by the applicant together constitute only one selection.
10. If the applicant chooses not to provide the information for an application taken in person,
note this fact on the collection form and then collect the applicant's ethnicity, race, and sex on the basis of visual observation or surname. You must report whether the applicant's ethnicity, race, and sex was collected on the basis of visual observation or surname. When you collect an applicant's ethnicity, race, and sex on the basis of visual observation or surname, you must select from the following aggregate categories: Ethnicity (Hispanic or Latino; not Hispanic or Latino); race (American Indian or Alaska Native; Asian; Black or African American; Native Hawaiian or Other Pacific Islander; White); sex (male; female).
11. If the applicant declines to answer these questions by checking the “I do not wish to
provide this information” box on an application that is taken by mail or on the internet, or H-22

declines to provide this information by stating orally that he or she does not wish to provide this information on an application that is taken by telephone, you must report “information not provided by applicant in mail, internet, or telephone application.”
12. If the applicant begins an application by mail, internet, or telephone, and does not
provide the requested information on the application but does not check or select the “I do not wish to provide this information” box on the application, and the applicant meets in person with you to complete the application, you must request the applicant's ethnicity, race, and sex. If the applicant does not provide the requested information during the in-person meeting, you must collect the information on the basis of visual observation or surname. If the meeting occurs after the application process is complete, for example, at closing or account opening, you are not required to obtain the applicant's ethnicity, race, and sex.
13. When an applicant provides the requested information for some but not all fields, you
report the information that was provided by the applicant, whether partial or complete. If an applicant provides partial or complete information on ethnicity, race, and sex and also checks the “I do not wish to provide this information” box on an application that is taken by mail or on the internet, or makes that selection when applying by telephone, you must report the information on ethnicity, race, and sex that was provided by the applicant. H-23

H-24

APPENDIX C TO PART 1003—PROCEDURES FOR GENERATING A CHECK DIGIT AND VALIDATING A
ULI
The check digit for the Universal Loan Identifier (ULI) pursuant to §1003.4(a)(1)(i)(C) is calculated using the ISO/IEC 7064, MOD 97-10 as it appears on the International Standard ISO/IEC 7064:2003, which is published by the International Organization for Standardization (ISO). ©ISO. This material is reproduced from ISO/IEC 7064:2003 with permission of the American National Standards Institute (ANSI) on behalf of ISO. All rights reserved. Generating a Check Digit Step 1: Starting with the leftmost character in the string that consists of the combination of the Legal Entity Identifier (LEI) pursuant to §1003.4(a)(1)(i)(A) and the additional characters identifying the covered loan or application pursuant to §1003.4(a)(1)(i)(B), replace each alphabetic character with numbers in accordance with Table I below to obtain all numeric values in the string.
Table I—Alphabetic to Numeric Conversion Table
The alphabetic characters are not case-sensitive and each letter, whether it is capitalized or in lower-case, is equal to the same value as each letter illustrates in the conversion table. For example, A and a are each equal to 10. A = 10 B = 11 C = 12 D = 13 E = 14 F = 15 G = 16 H = 17 H-25

I = 18

J = 19
K = 20

L = 21
M = 22
N = 23
O = 24
P = 25
Q = 26
R = 27
S = 28

T = 29
U = 30
V = 31

W
= 32

X = 33
Y = 34

Z = 35

H
-26

Step 2: After converting the combined string of characters to all numeric values, append two zeros to the rightmost positions. Step 3: Apply the mathematical function mod = (n,97) where n = the number obtained in step 2 above and 97 is the divisor. Alternatively, to calculate without using the modulus operator, divide the numbers in step 2 above by 97. Truncate the remainder to three digits and multiply it by 97. Round the result to the nearest whole number. Step 4: Subtract the result in step 3 from 98. If the result is one digit, add a leading 0 to make it two digits. Step 5: The two digits in the result from step 4 is the check digit. Append the resulting check digit to the rightmost position in the combined string of characters described in step 1 above to generate the ULI. Example For example, assume the LEI for a financial institution is 10Bx939c5543TqA1144M and the financial institution assigned the following string of characters to identify the covered loan:
999143X. The combined string of characters is 10Bx939c5543TqA1144M999143X. Step 1: Starting with the leftmost character in the combined string of characters, replace each alphabetic character with numbers in accordance with Table I above to obtain all numeric values in the string. The result is 10113393912554329261011442299914333. Step 2: Append two zeros to the rightmost positions in the combined string. The result is 1011339391255432926101144229991433300. H-27

Step 3: Apply the mathematical function mod = (n,97) where n = the number obtained in step 2 above and 97 is the divisor. The result is 60. Alternatively, to calculate without using the modulus operator, divide the numbers in step 2 above by 97. The result is 1042617929129312294946332267952920.618556701030928. Truncate the remainder to three digits, which is .618, and multiply it by 97. The result is 59.946. Round this result to the nearest whole number, which is 60. Step 4: Subtract the result in step 3 from 98. The result is 38. Step 5: The two digits in the result from step 4 is the check digit. Append the check digit to the rightmost positions in the combined string of characters that consists of the LEI and the string of characters assigned by the financial institution to identify the covered loan to obtain the ULI. In this example, the ULI would be 10Bx939c5543TqA1144M999143X38. Validating A ULI To determine whether the ULI contains a transcription error using the check digit calculation, the procedures are described below. Step 1: Starting with the leftmost character in the ULI, replace each alphabetic character with numbers in accordance with Table I above to obtain all numeric values in the string. Step 2: Apply the mathematical function mod=(n,97) where n=the number obtained in step 1 above and 97 is the divisor. Step 3: If the result is 1, the ULI does not contain transcription errors. Example For example, the ULI assigned to a covered loan is 10Bx939c5543TqA1144M999143X38. Step 1: Starting with the leftmost character in the ULI, replace each alphabetic character with numbers in accordance with Table I above to obtain all numeric values in the string. The result is 1011339391255432926101144229991433338. Step 2: Apply the mathematical function mod=(n,97) where n is the number obtained in step 1 above and 97 is the divisor. Step 3: The result is 1. The ULI does not contain transcription errors. H-28

APPENDIX I: Official Interpretations to Regulation C
The following is a copy of the commentary to Regulation C. This copy is current as January 9, 2020. This appendix is a compilation of material and not an official legal edition of the Code of Federal Regulations or the Federal Register. We have made every effort to ensure the material presented in this tool is accurate, but if you are relying on it for legal research you should consult the official editions of those sources to confirm your findings.

Supplement I to Part 1003—Official Interpretations INTRODUCTION
1. Status. The commentary in this supplement is the vehicle by which the Bureau of Consumer
Financial Protection issues formal interpretations of Regulation C (12 CFR part 1003).
SECTION 1003.2—DEFINITIONS
2(B) APPLICATION
1. Consistency with Regulation B. Bureau interpretations that appear in the official commentary
to Regulation B (Equal Credit Opportunity Act, 12 CFR part 1002, Supplement I) are generally applicable to the definition of application under Regulation C. However, under Regulation C the definition of an application does not include prequalification requests.
2. Prequalification. A prequalification request is a request by a prospective loan applicant (other
than a request for preapproval) for a preliminary determination on whether the prospective loan applicant would likely qualify for credit under an institution's standards, or for a determination on the amount of credit for which the prospective applicant would likely qualify. Some institutions evaluate prequalification requests through a procedure that is separate from the institution's normal loan application process; others use the same process. In either case, Regulation C does not require an institution to report prequalification requests on the loan/application register, even though these requests may constitute applications under Regulation B for purposes of adverse action notices.
3. Requests for preapproval. To be a preapproval program as defined in § 1003.2(b)(2), the
written commitment issued under the program must result from a comprehensive review of the creditworthiness of the applicant, including such verification of income, resources, and other matters as is typically done by the institution as part of its normal credit evaluation program. In addition to conditions involving the identification of a suitable property and verification that no material change has occurred in the applicant's financial condition or creditworthiness, the written commitment may be subject only to other conditions (unrelated to the financial condition or creditworthiness of the applicant) that the lender ordinarily attaches to a traditional home mortgage application approval. These conditions are limited to conditions such as requiring an acceptable title insurance binder or a certificate indicating clear termite inspection, and, in the case where the applicant plans to use the proceeds from the sale of the applicant's present home to purchase a new home, a settlement statement showing adequate proceeds from the sale of the present home. Regardless of its name, a program that satisfies the definition of a preapproval program in § 1003.2(b)(2) is a preapproval program for purposes of Regulation C. Conversely, a program that a financial institution describes as a “preapproval program” that I-1

does not satisfy the requirements of § 1003.2(b)(2) is not a preapproval program for purposes of Regulation C. If a financial institution does not regularly use the procedures specified in § 1003.2(b)(2), but instead considers requests for preapprovals on an ad hoc basis, the financial institution need not treat ad hoc requests as part of a preapproval program for purposes of Regulation C. A financial institution should, however, be generally consistent in following uniform procedures for considering such ad hoc requests. 2(C) BRANCH OFFICE Paragraph 2(c)(1)
1. Credit unions. For purposes of Regulation C, a “branch” of a credit union is any office where
member accounts are established or loans are made, whether or not the office has been approved as a branch by a Federal or State agency. (See 12 U.S.C. 1752.)
2. Bank, savings association, or credit unions. A branch office of a bank, savings association, or
credit union does not include a loan-production office if the loan-production office is not considered a branch by the Federal or State supervisory authority applicable to that institution. A branch office also does not include the office of an affiliate or of a third party, such as a thirdparty broker. Paragraph 2(c)(2)
1. General. A branch office of a for-profit mortgage lending institution, other than a bank savings
association or credit union, does not include the office of an affiliate or of a third party, such as a third-party broker. 2(D) CLOSED-END MORTGAGE LOAN
1. Dwelling-secured. Section 1003.2(d) defines a closed-end mortgage loan as an extension of
credit that is secured by a lien on a dwelling and that is not an open-end line of credit under §1003.2(o). Thus, for example, a loan to purchase a dwelling and secured only by a personal guarantee is not a closed-end mortgage loan because it is not dwelling-secured.
2. Extension of credit. Under § 1003.2(d), a dwelling-secured loan is not a closed-end mortgage
loan unless it involves an extension of credit. For example, some transactions completed pursuant to installment sales contracts, such as some land contracts, depending on the facts and circumstances, may or may not involve extensions of credit rendering the transactions closed-end mortgage loans. In general, extension of credit under § 1003.2(d) refers to the granting of credit only pursuant to a new debt obligation. Thus, except as described in comments 2(d)-2.i and .ii, if a transaction modifies, renews, extends, or amends the terms of an existing debt obligation, but the existing debt obligation is not satisfied and replaced, the transaction is not a closed-end mortgage loan under § 1003.2(d) because there has been no I-2

new extension of credit. The phrase extension of credit thus is defined differently under Regulation C than under Regulation B, 12 CFR part 1002.
i. Assumptions. For purposes of Regulation C, an assumption is a transaction in which an
institution enters into a written agreement accepting a new borrower in place of an existing borrower as the obligor on an existing debt obligation. For purposes of Regulation C, assumptions include successor-in-interest transactions, in which an individual succeeds the prior owner as the property owner and then assumes the existing debt secured by the property. Under § 1003.2(d), assumptions are extensions of credit even if the new borrower merely assumes the existing debt obligation and no new debt obligation is created. See also comment 2(j)-5.
ii. New York State consolidation, extension, and modification agreements. A transaction
completed pursuant to a New York State consolidation, extension, and modification agreement and classified as a supplemental mortgage under New York Tax Law section 255, such that the borrower owes reduced or no mortgage recording taxes, is an extension of credit under § 1003.2(d). Comments 2(i)-1, 2(j)-5, and 2(p)-2 clarify whether such transactions are home improvement loans, home purchase loans, or refinancings, respectively. Section 1003.3(c)(13) provides an exclusion from the reporting requirement for a preliminary transaction providing or, in the case of an application, proposing to provide new funds to the borrower in advance of being consolidated within the same calendar year into a supplemental mortgage under New York Tax Law section 255. See comment 3(c)(13)- 1 concerning how to report a supplemental mortgage under New York Tax Law section 255 in this situation. 2(F) DWELLING

General. The definition of a dwelling is not limited to the principal or other residence of the
applicant or borrower, and thus includes vacation or second homes and investment properties.
Multifamily residential structures and communities. A dwelling also includes a multifamily
residential structure or community such as an apartment, condominium, cooperative building or housing complex, or a manufactured home community. A loan related to a manufactured home community is secured by a dwelling for purposes of § 1003.2(f) even if it is not secured by any individual manufactured homes, but only by the land that constitutes the manufactured home community including sites for manufactured homes. However, a loan related to a multifamily residential structure or community that is not a manufactured home community is not secured by a dwelling for purposes of § 1003.2(f) if it is not secured by any individual dwelling units and is, for example, instead secured only by property that only includes common areas, or is secured only by an assignment of rents or dues.
Exclusions. Recreational vehicles, including boats, campers, travel trailers, and park model
recreational vehicles, are not considered dwellings for purposes of § 1003.2(f), regardless of I-3

whether they are used as residences. Houseboats, floating homes, and mobile homes constructed before June 15, 1976, are also excluded, regardless of whether they are used as residences. Also excluded are transitory residences such as hotels, hospitals, college dormitories, and recreational vehicle parks, and structures originally designed as dwellings but used exclusively for commercial purposes, such as homes converted to daycare facilities or professional offices.
4. Mixed-use properties. A property used for both residential and commercial purposes, such as
a building containing apartment units and retail space, is a dwelling if the property's primary use is residential. An institution may use any reasonable standard to determine the primary use of the property, such as by square footage or by the income generated. An institution may select the standard to apply on a case-by-case basis.
5. Properties with service and medical components. For purposes of § 1003.2(f), a property
used for both long-term housing and to provide related services, such as assisted living for senior citizens or supportive housing for persons with disabilities, is a dwelling and does not have a non-residential purpose merely because the property is used for both housing and to provide services. However, transitory residences that are used to provide such services are not dwellings. See comment 2(f)-3. Properties that are used to provide medical care, such as skilled nursing, rehabilitation, or long-term medical care, also are not dwellings. See comment 2(f)-3. If a property that is used for both long-term housing and to provide related services also is used to provide medical care, the property is a dwelling if its primary use is residential. An institution may use any reasonable standard to determine the property's primary use, such as by square footage, income generated, or number of beds or units allocated for each use. An institution may select the standard to apply on a case-by-case basis. 2(G) FINANCIAL INSTITUTION
1. Preceding calendar year and preceding December 31. The definition of financial institution
refers both to the preceding calendar year and the preceding December 31. These terms refer to the calendar year and the December 31 preceding the current calendar year. For example, in 2019, the preceding calendar year is 2018 and the preceding December 31 is December 31,
2018. Accordingly, in 2019, Financial Institution A satisfies the asset-size threshold described in
§ 1003.2(g)(1)(i) if its assets exceeded the threshold specified in comment 2(g)-2 on December 31, 2018. Likewise, in 2020, Financial Institution A does not meet the loan-volume test described in § 1003.2(g)(1)(v)(A) if it originated fewer than 25 closed-end mortgage loans during either 2018 or 2019.
2. Adjustment of exemption threshold for banks, savings associations, and credit unions. For
data collection in 2020, the asset-size exemption threshold is $47 million. Banks, savings associations, and credit unions with assets at or below $47 million as of December 31, 2019, are exempt from collecting data for 2020. I-4

3. Merger or acquisition—coverage of surviving or newly formed institution. After a merger or
acquisition, the surviving or newly formed institution is a financial institution under § 1003.2(g) if it, considering the combined assets, location, and lending activity of the surviving or newly formed institution and the merged or acquired institutions or acquired branches, satisfies the criteria included in § 1003.2(g). For example, A and B merge. The surviving or newly formed institution meets the loan threshold described in § 1003.2(g)(1)(v)(B) if the surviving or newly formed institution, A, and B originated a combined total of at least 500 open-end lines of credit in each of the two preceding calendar years. Likewise, the surviving or newly formed institution meets the asset-size threshold in § 1003.2(g)(1)(i) if its assets and the combined assets of A and B on December 31 of the preceding calendar year exceeded the threshold described in § 1003.2(g)(1)(i). Comment 2(g)-4 discusses a financial institution's responsibilities during the calendar year of a merger.
4. Merger or acquisition—coverage for calendar year of merger or acquisition. The scenarios
described below illustrate a financial institution's responsibilities for the calendar year of a merger or acquisition. For purposes of these illustrations, a “covered institution” means a financial institution, as defined in § 1003.2(g), that is not exempt from reporting under § 1003.3(a), and “an institution that is not covered” means either an institution that is not a financial institution, as defined in § 1003.2(g), or an institution that is exempt from reporting under § 1003.3(a).
i. Two institutions that are not covered merge. The surviving or newly formed institution
meets all of the requirements necessary to be a covered institution. No data collection is required for the calendar year of the merger (even though the merger creates an institution that meets all of the requirements necessary to be a covered institution). When a branch office of an institution that is not covered is acquired by another institution that is not covered, and the acquisition results in a covered institution, no data collection is required for the calendar year of the acquisition.
ii. A covered institution and an institution that is not covered merge. The covered institution
is the surviving institution, or a new covered institution is formed. For the calendar year of the merger, data collection is required for covered loans and applications handled in the offices of the merged institution that was previously covered and is optional for covered loans and applications handled in offices of the merged institution that was previously not covered. When a covered institution acquires a branch office of an institution that is not covered, data collection is optional for covered loans and applications handled by the acquired branch office for the calendar year of the acquisition.
iii. A covered institution and an institution that is not covered merge. The institution that is
not covered is the surviving institution, or a new institution that is not covered is formed. For the calendar year of the merger, data collection is required for covered loans and applications handled in offices of the previously covered institution that took place prior to the merger. After the merger date, data collection is optional for covered loans and I-5

applications handled in the offices of the institution that was previously covered. When an institution remains not covered after acquiring a branch office of a covered institution, data collection is required for transactions of the acquired branch office that take place prior to the acquisition. Data collection by the acquired branch office is optional for transactions taking place in the remainder of the calendar year after the acquisition.
iv. Two covered institutions merge. The surviving or newly formed institution is a covered
institution. Data collection is required for the entire calendar year of the merger. The surviving or newly formed institution files either a consolidated submission or separate submissions for that calendar year. When a covered institution acquires a branch office of a covered institution, data collection is required for the entire calendar year of the merger. Data for the acquired branch office may be submitted by either institution.
5. Originations. Whether an institution is a financial institution depends in part on whether the
institution originated at least 25 closed-end mortgage loans in each of the two preceding calendar years or at least 500 open-end lines of credit in each of the two preceding calendar years. Comments 4(a)-2 through -4 discuss whether activities with respect to a particular closed-end mortgage loan or open-end line of credit constitute an origination for purposes of § 1003.2(g).
6. Branches of foreign banks—treated as banks. A Federal branch or a State-licensed or
insured branch of a foreign bank that meets the definition of a “bank” under section 3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(a)) is a bank for the purposes of § 1003.2(g).
7. Branches and offices of foreign banks and other entities—treated as nondepository financial
institutions. A Federal agency, State-licensed agency, State-licensed uninsured branch of a foreign bank, commercial lending company owned or controlled by a foreign bank, or entity operating under section 25 or 25A of the Federal Reserve Act, 12 U.S.C. 601 and 611 (Edge Act and agreement corporations) may not meet the definition of “bank” under the Federal Deposit Insurance Act and may thereby fail to satisfy the definition of a depository financial institution under § 1003.2(g)(1). An entity is nonetheless a financial institution if it meets the definition of nondepository financial institution under § 1003.2(g)(2). 2(I) HOME IMPROVEMENT LOAN

General. Section 1003.2(i) defines a home improvement loan as a closed-end mortgage loan
or an open-end line of credit that is for the purpose, in whole or in part, of repairing, rehabilitating, remodeling, or improving a dwelling or the real property on which the dwelling is located. For example, a closed-end mortgage loan obtained to repair a dwelling by replacing a roof is a home improvement loan under § 1003.2(i). A loan or line of credit is a home improvement loan even if only a part of the purpose is for repairing, rehabilitating, remodeling, or improving a dwelling. For example, an open-end line of credit obtained in part to remodel a I-6

kitchen and in part to pay college tuition is a home improvement loan under § 1003.2(i). Similarly, for example, a loan that is completed pursuant to a New York State consolidation, extension, and modification agreement and that is classified as a supplemental mortgage under New York Tax Law section 255, such that the borrower owes reduced or no mortgage recording taxes, is a home improvement loan if any of the loan's funds are for home improvement purposes. See also comment 2(d)-2.ii.
2. Improvements to real property. Home improvements include improvements both to a dwelling
and to the real property on which the dwelling is located (for example, installation of a swimming pool, construction of a garage, or landscaping).
3. Commercial and other loans. A home improvement loan may include a closed-end mortgage
loan or an open-end line of credit originated outside an institution's residential mortgage lending division, such as a loan or line of credit to improve an apartment building originated in the commercial loan department.
4. Mixed-use property. A closed-end mortgage loan or an open-end line of credit to improve a
multifamily dwelling used for residential and commercial purposes (for example, a building containing apartment units and retail space), or the real property on which such a dwelling is located, is a home improvement loan if the loan's proceeds are used either to improve the entire property (for example, to replace the heating system), or if the proceeds are used primarily to improve the residential portion of the property. An institution may use any reasonable standard to determine the primary use of the loan proceeds. An institution may select the standard to apply on a case-by-case basis. See comment 3(c)(10)-3.ii for guidance on loans to improve primarily the commercial portion of a dwelling other than a multifamily dwelling.
5. Multiple-purpose loans. A closed-end mortgage loan or an open-end line of credit may be
used for multiple purposes. For example, a closed-end mortgage loan that is a home improvement loan under § 1003.2(i) may also be a refinancing under § 1003.2(p) if the transaction is a cash-out refinancing and the funds will be used to improve a home. Such a transaction is a multiple-purpose loan. Comment 4(a)(3)-3 provides details about how to report multiple-purpose covered loans.
6. Statement of borrower. In determining whether a closed-end mortgage loan or an open-end
line of credit, or an application for a closed-end mortgage loan or an open-end line of credit, is for home improvement purposes, an institution may rely on the applicant's or borrower's stated purpose(s) for the loan or line of credit at the time the application is received or the credit decision is made. An institution need not confirm that the borrower actually uses any of the funds for the stated purpose(s). 2(J) HOME PURCHASE LOAN I-7

1. Multiple properties. A home purchase loan includes a closed-end mortgage loan or an openend line of credit secured by one dwelling and used to purchase another dwelling. For example,
if a person obtains a home-equity loan or a reverse mortgage secured by dwelling A to purchase dwelling B, the home-equity loan or the reverse mortgage is a home purchase loan under § 1003.2(j).
2. Commercial and other loans. A home purchase loan may include a closed-end mortgage loan
or an open-end line of credit originated outside an institution's residential mortgage lending division, such as a loan or line of credit to purchase an apartment building originated in the commercial loan department.
3. Construction and permanent financing. A home purchase loan includes both a combined
construction/permanent loan or line of credit, and the separate permanent financing that replaces a construction-only loan or line of credit for the same borrower at a later time. A home purchase loan does not include a construction-only loan or line of credit that is designed to be replaced by separate permanent financing extended by any financial institution to the same borrower at a later time or that is extended to a person exclusively to construct a dwelling for sale, which are excluded from Regulation C as temporary financing under § 1003.3(c)(3). Comments 3(c)(3)-1 and -2 provide additional details about transactions that are excluded as temporary financing.
4. Second mortgages that finance the downpayments on first mortgages. If an institution making
a first mortgage loan to a home purchaser also makes a second mortgage loan or line of credit to the same purchaser to finance part or all of the home purchaser's downpayment, both the first mortgage loan and the second mortgage loan or line of credit are home purchase loans.
5. Assumptions. Under § 1003.2(j), an assumption is a home purchase loan when an institution
enters into a written agreement accepting a new borrower as the obligor on an existing obligation to finance the new borrower's purchase of the dwelling securing the existing obligation, if the resulting obligation is a closed-end mortgage loan or an open-end line of credit. A transaction in which borrower B finances the purchase of borrower A's dwelling by assuming borrower A's existing debt obligation and that is completed pursuant to a New York State consolidation, extension, and modification agreement and is classified as a supplemental mortgage under New York Tax Law section 255, such that the borrower owes reduced or no mortgage recording taxes, is an assumption and a home purchase loan. See comment 2(d)-2.ii. On the other hand, a transaction in which borrower B, a successor-in-interest, assumes borrower A's existing debt obligation only after acquiring title to borrower A's dwelling is not a home purchase loan because borrower B did not assume the debt obligation for the purpose of purchasing a dwelling. See § 1003.4(a)(3) and comment 4(a)(3)-4 for guidance about how to report covered loans that are not home improvement loans, home purchase loans, or refinancings. I-8

CA 20-1: Revised “A Guide to HMDA Reporting: Getting It Right!”

Notes:

Revised “A Guide to HMDA Reporting: Getting It Right!”

Lineage: No known changes