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FEDERAL RESERVE BAWK OF i^SEW YORK [ No. 10259 1 Circular August 30, 1988 HOME MORTGAGE DISCLOSURE Revision of Regulation C To A ll Institutions Subject to the Home Mortgage Disclosure Act, and Others Concerned, in the Second Federal Reserve District: The following statement has been issued by the Board of Governors of the Federal Reserve System announcing a revision of its Regulation C, “Home Mortgage Disclosure,” in order to con form that regulation to recent amendments to the Home Mortgage Disclosure Act: The Federal Reserve Board has published revisions to its Regulation C to incorporate recent Con gressional amendments that extend the Home Mortgage Disclosure Act (HMD A) permanently and ex pand its coverage. The changes are effective September 19. The HMDA and the Board’s Regulation C (Home Mortgage Disclosure) require financial insti tutions that have over $10 million in assets, and have home or branch offices in metropolitan statistical areas (MSAs) or primary metropolitan statistical areas, to disclose annually their originations and pur chases of home mortgage and home improvement loans. In addition to the permanent extension of the Act, Congress also expanded the Act’s coverage to include savings and loan service corporations and mortgage banking subsidiaries of bank and savings and loan holding companies. The changes to the regulation also include redrafted instructions to the reporting forms to further simplify and clarify them. Enclosed — for banks, bank holding companies, thrift institutions, and others maintaining sets of the Board’s regulations — is a copy of the text of the revised Regulation C, which has been reprinted from the Federal Register of August 19. Questions regarding this regulation may be di rected to Eric K. Tarlow, Assistant Chief Examiner, Compliance Examinations Department (Tel. No. 212-720-5919). E . G e r a l d C o r r ig a n , President. Board of Governors of the Federal Reserve System H O M E M O R T G A G E D ISCLO SU R E REVISION OF REGULATION C (Effective September 19, 1988) newly covered service corporations, because these institutions are required to exclude FHA loans from their reports. 12 ©Flni Pars EFFECTIVE ©A¥!S: September 19,1988, [Regulation C; OecSssS K!@. R-0635] except that the provisions in § 203.2 (f) and (g) related to the reporting of mobile Horn® Mortgage Oisetosufr©; Revision© and manufactured home loans will take to Regulation © effect on January 1,1989. Mortgage A©iN<gV: Board of Governors of the banking subsidiaries of bank and Federal Reserve System. savings and loan holding companies and savings and loan service corporations ACTION: Final rule. will be required to report data for calendar year 1988 in March of 1989. SUMMARY: The Board has adopted a revised Regulation C (Home Mortgage F©R FURTHER INFORMATION CONTACT: Disclosure). The revised regulation John C. Wood, Senior Attorney, or incorporates recent amendments to the Thomas J. Noto or Linda Vespereny, Home Mortgage Disclosure Act that Staff Attorneys, Division of Consumer were contained in the Housing and and Community Affairs, Board of Community Development Act of 1987. Governors of the Federal Reserve These statutory amendments System, Washington, DC 20551, at 202permanently extend the act and expand 452-2412 or 202-452-3667; for the its coverage to include mortgage hearing impaired only, contact banking subsidiaries of bank and Eamestine Hill or Dorothea Thompson, savings and loan holding companies, Telecommunications Device for the and sayings and loan service Deaf, at 202-452-3544. corporations that originate or purchase mortgage loans. Other revisions stem from a review made in accordance with SUPPLEMENTARY INFORMATION: the Board’s Regulatory Improvement (1) Background Program. The HMDA-1 form, which is used by The Board’s Regulation C (12 CFR Part banks, thrifts, and other depository 203) implements the Home Mortgage institutions for reporting loan data, Disclosure Act of 1975 (HMDA) (12 remains essentially unchanged. The U.S.C. 2801 et seq.). It requires Board has adopted a separate form depository institutions that have over HMDA-2 for use by mortgage banking $10 million in assets, and have offices in subsidiaries of holding companies and metropolitan statistical areas (MSAs) or FEDERAL ^ESEESVE SYSTEM primary metropolitan statistical areas (PMSAs), to disclose annually their originations and purchases of mortgage and home improvement loans. Data must be itemized by census tract (or by county, in some instances) and also by type of loan. A statement covering the data on a calendar year basis must be made available to the public and reported to the institution’s federal supervisory agency by March 31 following the calendar year for which the data are compiled. When originally passed in 1975, HMDA contained a “sunset" provision under which the act was to expire in 1980. A number of temporary extensions were enacted and, in the Housing and Community Development Act of 1987 (Pub. L. 100-242, section 565,101 Stat. 1815,1945), the Congress permanently extended HMDA by striking the sunset provision from the act. The statutory amendments were signed into law on February 5,1988. In addition to the permanent extension, these amendments expanded the coverage of HMDA to include mortgage banking subsidiaries of bank holding companies and savings and loan holding companies, as well as savings and loan service corporations. On May 13,1988, the Board published for public comment an amended Regulation C to implement these and other changes (53 FR 17061). With some changes that are identified in the P R I N T E D IN N E W Y O R K , F R O M F E D E R A L R E G ISTE R , V O L . 5 3 , N O . 1 6 1 , p p . 3 1 6 8 3 - 3 1 6 9 9 N o te : [Enc. Cir. No. 10259] This document supersedes the Regulation C pamphlet, dated December 30, 1987, and all subsequent amendements. 31684 Federal Register / Vol. 53, No. 161 / Friday, A ugust 19, 1988 / Rules and Regulations sections that follow, the Board is now adopting the revised regulation in final form. (2) R egulatory Review The B oard's Regulatory Im provem ent Program calls for periodic review of each of the B oard's regulations to determ ine w h eth er the regulation can be sim plified. The B oard conducted such a review of Regulation C an d m ade a num ber of changes. The tex t of the regulation w as revised to im prove its clarity. O bsolete provisions w ere deleted, footnotes elim inated, a n d a d etailed appendix regarding state exem ptions rep laced by a brief reference in the regulation. In addition, the instructions to the reporting form s w ere significantly rew o rk ed an d should be easier to follow. (3) A vailability o f A ggregated D ata A s required by the H ome M ortgage D isclosure Act, the Federal F inancial Institutions E xam ination Council (w ith support from the Federal R eserve B oard an d the other financial regulators) aggregates loan d a ta received from all reporting institutions in each MSA. The E xam ination C ouncil also produces tables for each MSA show ing lending p attern s according to dem ographic ch aracteristics such as incom e level a n d age of housing stock. T hese tables, together w ith d a ta on the individual institutions, are sen t to cen tral d a ta depositories in each MSA. The a c t specifies th at the aggregated d a ta an d related tab les shall be av ailab le no la te r th an D ecem ber 31 follow ing the cale n d ar y ear to w hich they relate. Typically, the E xam ination Council h as released these reports by late N ovem ber or early D ecem ber. The conference report accom panying the HMDA am endm ents in d icates C ongressional interest in having the HMDA d a ta available at th e cen tral d a ta depositories earlier th an is now the case. M em ber agencies of the E xam ination Council are im plem enting changes to d a ta processing pro ced u res in order to facilitate th e earlier av ailability of the d ata. The B oard believes th at the revision of R egulation C, together w ith the e x p an d ed instructions for reporting, w ill serve this purpose by enhancing com pliance an d by reducing errors th a t require editing follow ing d a ta subm ission. Several com m enters on the pro p o sal suggested w ays in w hich the aggregation and p resen tatio n of aggregated d a ta might be im proved. Since the aggregation process is no t governed by R egulation C, these suggestions w ill be brought to the atte n tio n o f the E xam ination Council. (4) Section-by-Section Summary The changes made to each section of the revised regulation are discussed below. Section 203.1 Authority, purpose, and scope. A reference has been added in § 203.1(a) to reflect the approval of information collection requirements under the Paperwork Reduction Act. A reference to HMDA has been added to the purpose statement in § 203.1(b). Now that the term “depository institution” is no longer used in the regulation (eliminating the possibility of confusion), the term “depositories" has replaced the term “repositories" in § 203.1(d), referring to the facilities where data is available in each MSA. Section 203.2 Definitions. Section 203.2 contains definitions of terms used in the regulation, and has been revised as follows. Act. The definition of “act” in § 203.2(a) has been updated. Branch office. What qualifies as a branch office has several consequences for an institution. First, institutions that do not have a home or branch office in an MSA or PMSA are exempt from HMDA. Second, HMDA data must be itemized by census tract for loans on property located in any MSA ©r PMSA in which the institation has a k m e ©s branch office. For loans oa property located in other MSAs or PMSAs (or not located in an MSA or PMSA at all), the data are reported as an aggregate sum without geographic itemization. Third, the data must be made available to the public at one branch office (or home office) in each MSA or PMSA where the institution has home o r branch offices. Finally, the institution mast post notices in all branch offices located in MSAs or PMSAs to inform the public of fee availability of the HMDA data. The revised definition set forth in § 203.2(b) takes account of fee difference between the branch office structure of the newly covered mortgage banking firms and that of depository institutions such as banks and thrift institutions. While depository institutions must obtain approval from federal or state regulatory agencies to establish branch offices, mortgage banking firms generally are not required to obtain such approval. Accordingly, the definition of branch office differs for the two classes of institutions. Hie definition in revised i 203.2(b)(l)(i) applies to.banks, thrifts, and other depository institutions; it is the same as in the current regoSsfion and is based on the approval process*, 2 For other covered institutions, the Board defines "branch office" in § 203.2(b)(l)(ii) as an office of the institution that takes applications from the public for home purchase or home improvement loans. In response to comments, the words "of the institution” were added to make clear that branch offices include only facilities of the institution itself, not offices of affiliates or other third parties. This branch office definition will apply to mortgage banking subsidiaries of holding companies and saving and loan service corporations (except for those that are majority owned by a single thrift institution). The definition of the term “financial institution” in the May proposal would have resulted in the application of the new branch office definition to majorityowned subsidiaries of depository institutions. As discussed below, the final rule does not incorporate that change. Accordingly, majority-owned subsidiaries of depository institutions (including majority-owned service corporations) will continue to be governed by the current rale, which focuses on the branch locations of the parent institution. Federally related mortgage loan. Banks and othe?, depository institutions are subject to HMDA only if they make “federally related mortgage loans.” The definition of feat terra, earnestly in footnote 1, has been restated more concisely and incorporated in fee text of the regulation as § 203.2(d). Financial institution. Section 203.2(e) defines thetoMteMmss covered by the regulation; the term “fmanciai institution? s p a c e s fe© tessa “deposited inetitutioiu” This change is designed to avoid the confusstos feat might arise from the fact that, in ordinary usage, the term depository institution signifies institutions such as banks and thrifts, not mortgage banking firms and other institutions that do not take deposits. The new definition encompasses both the traditional depository institutions and the new class of covered institutions: Savings ami loan service corporations and mortgage bankmg subsidiaries of bank holding companies and savings and loan holding companies. As noted above, depository institutions are subject to H M DA only if they make federally related mortgage loans. The statutory amsssimeata do sot condition coverage of the newly covered institutions ©a fe i making of federally related mortage-loans. Hie regulatory definition of “financial institution” parallels the statute. Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations A number of commenters asked the Board to clarify the term “mortgage banking subsidiary.” Many expressed concern that, without further elaboration, the term might be construed to cover consumer finance subsidiaries of holding companies. The Board believes that the use of the qualifying term "mortgage banking” in the statutory amendments suggests that the Congress did not intend to expand coverage to institutions that make only a limited number of mortgage loans. Section 203.2(e)(l)(ii) of the final regulation defines a mortgage banking subsidiary as an institution that makes home purchase loans in an amount greater than 10% of its total loan volume, measured in dollars. This cutoff is intended to ensure that any holding company subsidiary whose line of business is other than mortgage banking, but that makes a small number of home purchase loans, will not be required to report. The May proposal treated majorityowned subsidiaries of depository institutions as financial institutions in their own right Consequently, these institutions would have been considered to have branch offices in any MSA where they have offices for taking loan applications from the public. A number of commenters opposed this requirement because of the significant increase in the reporting burden for subsidiaries that have offices in MSAs other than the MSAs in which the parent institution has branches. Moreover, a regulatory agency expressed concern that some of the data presently reported by these subsidiaries would no longer be reported in itemized form. Upon further analysis, the Board has decided to retain the current rule which treats majorityowned subsidiaries as part of the parent institution. A parallel issue arises regarding the treatment of savings and loan seme© corporations. Although the statutory amendments brought savings and loan service corporations specifically within the coverage of HMDA, service corporations that are majority-owned subsidiaries of thrift institutions already were covered by Regulation C. Because of the statute’s specific reference to service corporations, however, the Board considered whether a majorityowned savings and loan service corporation should continue to be treated as the subsidiary of its parent institution or characterized as a "savings and loan service corporation” under the new definition in the regulation. If treated as a majority-owned subsidiary the service corporation would continue to report, as it does now, dwelling," and may include residential structures such as mobile homes that are on a consolidated basis with its parent; not classified as real property in some its data would be itemized for MSAs states. In publishing the proposed where its parent has offices, and would regulation, the Board requested include FHA lending. If the institution comment on whether dwelling units were treated as a “savings and loan such as mobile or manufactured homes service corporation,” however, significantly different rules would apply. should specifically be covered under the home improvement or the home The institution would itemize data only purchase loan definition, or both. for MSAs where it has offices for taking Although some commenters preferred loan applications, rather than where its that they be excluded, a majority parent has branch offices, and it would believed that it was appropriate for be required to exclude FHA loans from loans on such property to be disclosed, its reports. given that they are an important source The Board believes that the intent of of housing in some areas. Accordingly, the Congress in enacting the statutory the definitions of home purchase and amendments was to extend HMDA home improvement loans specifically coverage to institutions that are not include mobile and manufactured already covered. Until now, only those homes, whether or not these dwellings service corporations that are majorityare considered real property under state owned subsidiaries of thrifts have been law. This provision becomes effective reporting (in conjunction with their parent). Other service corporations were on January 1,1989, and therefore will not require a change in the reporting of not subject to the regulation (for loan data for 1988. example, a corporation established by multiple thrifts, none holding a majority Several commenters requested that interest). The Board believes that die the disclosure requirements for home amendments were intended to apply to equity lines be clarified. The these latter institutions. Accordingly, instructions to the reporting forms, under § 203.2(e)(l)(iii) and (e)(2) m the contained in Appendix A, specify that revised definition of “financial the data for home improvement loans institution,” majority-owned savings may include that portion of a home and loan service corporations are equity line of credit which the borrower deemed to be part of their parent indicates, when the line is established, institution. will be used for home improvement purposes. The Board also has proposed to amend the definition of financial Commenters also requested institution to cover industrial banks, clarification on the treatment of which in recent years have taken on assumptions. The Board believes that if many of the characteristics of an institution expressly agrees in writing commercial and savings banks. Based with a new party to accept that party as on the comments and further analysis, the obligor on an existing home the Board has decided not to include purchase loan, the transaction should be treated as a new home purchase loan. industrial banks within the definition of financial institution. But if a new party takes over an existing obligation without a written agreement, Home improvement and homo the loan is not reportable under HMDA. purchase loans. The definition© of “home improvement loan” and “home Section 203.3 Exempt institutions. purchase loan” are set forth in § 203.2(f) Section 203.3 excludes from the and (g). coverage of the regulation small The definition of “home improvement institutions, institutions without offices loan,” though revised for clarity, is in MSAs, and institutions that are substantively unchanged. The revised subject to a similar state law and have definition omits the reference to been granted an exemption from the refinancings found in the current federal law. regulation because home improvement The provisions of this section have loans are generally not refinanced, the provision (footnotes 2 and 3 in the been reorganized and the language current regulation) permitting any firstclarified; the substantive rales remain lien loan to be reported as a home unchanged. Material relating to state purchase loan now appears is the law exemptions has been grouped instructions rather than the regulatory together in § 2®3.3(b). A new text ? § 203J^b)(2) has been added to incicat® that a state ©r a financial institution The definition off home purchase loan may apply t© the. IBaard for hm currently is limited to loans for tfe® exemption from th® regulation based on purchase of "residential real property.” In contrast, a home improvement loan m the existesse of o similar state disclosure law. TMs reference replaces defined in terms off “residential 3 31686 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations the detailed discussion in current Appendix B (which the Board has deleted) about the filing of applications for state exemptions. The Board has received questions about how data should be reported in cases where a merger of two or more financial institutions occurs. In some cases, the merger of two institutions that previously were both exempt, because of their asset size, may produce a successor institution whose assets exceed the $10 million cutoff. In other cases, a covered institution may merge with one that was previously exempt because of asset size or location outside an MSA. In the case of two exempt institutions, the successor institution that becomes subject to HMDA will be required to disclose loan data for the calendar year following the year in which the merger took place. If two institutions merge and only one of them was previously covered, the successor institution is required to report loan data, for the covered instituton, for the calendar year in which the merger took place. That report may, but need not, also include loan data for the previously exempt institution. Beginning with the following calendar year, the institution will file a consolidated report that includes all loan data. A similar reporting question arises when the institutions that merge are both covered institutions. If two covered institutions merge, the successor institution may file a consolidated report for the calendar year in which they merge, but has the option of filing separate reports for that year. Beginning with the following calendar year, the institution will file a consolidated report that includes all loan data. Section 203.4 Compilation of loan data. Section 203.4 sets forth the requirements for itemization of loan data by census tract or county and by type of loan, and is the basis for the detailed instructions that accompany the reporting forms contained in the revised Appendix A. Substantive changes are noted below. Revised | 203.4(a) incorporates material from current | 203.4(a) and (b). Section I 203.(4)(b) has been restructured for readability, and also incorporates the rules on MSAs and census tracts presently found in § 203.4(d). With regard to census tracts, the revised regulation refers to “the most recent census tract series” issued by the Census Bureau. The most recent series is currently the 1880 series. Use of the 1980 series is necessary because 1980 census data is used by the Federal Financial Institutions Examination Council in preparing tables illustrating lending patterns in each MSA. Section 203.4(c) lists types of loans to be excluded from the disclosures. The six listed in paragraph (c)(1) apply both to depository institutions and to the newly covered institutions. The exclusions for loans made in a fiduciary capacity, loans on unimproved land, and certain refinancings are drawn from current | 203.4(c). The final rule specifies that a refinancing between the original parties should not be reported if the only increase in the principal results from closing costs or unpaid finance charges that are being financed. Two of the remaining three exclusions (temporary financing and the purchase of an interest in a pool of loans) were moved into revised i 203.4 from the definition of “home purchase loan” in current § 203.2(f). The sixth exclusion relates to loan servicing rights. The purchase of servicing rights in secondary market transactions is a practice common among mortgage bankers. When loans are sold, for example, the buyer may issue securities backed by a pool of loans that it has acquired. The right to service the loans, however, may be retained by the seller/originator of the mortgages. These servicing rights may later be transferred from one institution to another for a purchase price that is usually a small percentage (such as 1 or 2 percent) of the value of the underlying loans. The act and regulation require institutions to report data on mortgage loans that they purchase. The Board believes that a covered institution’s purchase of these servicing rights does not accurately reflect the extent to which an institution has made mortgage credit available in a community. Accordingly, the regulation excludes from the reporting requirement the purchase solely of servicing rights to mortgage loans. Section 203.4(c)(2) applies only to mortgage banking subsidiaries and savings and loan service corporations that are not majority-owned. It excludes from the reporting requirement loans that are insured under Title I or II of the National Housing Act (that is, FHAinsured home improvement and home purchase loans), implementing new section 304(g) of HMDA, which expressly provides for their exclusion. (Under section 311 of HMDA, data on FHA-insured loans made by these types of lenders are to be collected by the U.S. Department of Housing and Urban Development.) As discussed under Appendix A, the Board has provided an optional form HMDA-2A that may b® 4 used by these institutions to disclose their FHA lending activity. Section 203.5 Disclosure and reporting. Section 203.5 relates to making loan data available at offices of an institution and reporting the data to supervisory agencies. As under the current provisions, disclosure statements for a given calendar year are due by the following March 31. This section also requires institutions to post notices regarding the availability of HMDA data. Posters that may be used to meet the notice requirement are available from federal supervisory agencies. The revised section clarifies that an institution may, in its notice, give the location where disclosure statements are available. Section 203.6 Enforcement. Section 203.6 sets forth rules relating to administrative enforcement and bona fide errors. The language and structure of this section have been revised to clarify its provisions. Appendix A Forms and instructions. Appendix A of the current regulation, which lists supervisory agencies, is designated Appendix B in the revised regulation; and the current Appendix C, containing the mortgage disclosure forms, is now Appendix A. The revised Appendix A contains two reporting forms and accompanying instructions, plus an optional form. Institutions must use the prescribed format of the HMDA-1 or HMDA-2 form, as appropriate, but are not required to use the form itself. An institution may, for example, choose to produce a computer printout of its disclosure statement instead. The HMDA-1 reporting form . continues to be the prescribed form for use by commercial banks, savings banks, savings and loan associations, building and loan associations, homestead associations (including cooperative banks), and credit unions. The instructions for completing the form have been expanded significantly to facilitate compliance; the form itself is unchanged except for minor revisions. Column headings have been changed to read “total dollar amount" instead of “principal amount,” but the data to be reported in these columns remain the same. Accordingly, institutions will not have to make changes in their data processing procedures for compiling the data. A signature line has been added, calling for an officer of the reporting institution to certify to the accuracy of the report. Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations A new form HMDA-2 and effective data for coverage, the Board is accompanying instructions have been unable to delay the reporting added for use by savings and loan requirements. service corporations and mortgage Changes related to reporting of mobile banking subsidiaries of bank holding and manufactured home loans, whether companies and savings and loan holding or not these dwellings are characterized companies, which will not report FHA as realty under state law, will take loans. The provision of a new form is effect on January 1,1989 (to be reported intended to minimize confusion for on statements filed in March of 1990). reporting institutions. The Board has (6) Economic impact statement. The provided an optional form, HMDA-2A, Board’s Division of Research and that may be used by institutions that Statistics has prepared an economic wish to maintain a public record of their impact statement on the revisions to FHA lending activity. Use of the form is Regulation C. A copy of the analysis optional; the form will not be submitted may be obtained from Publications to supervisory agencies, but could be Services, Board of Governors of the made available to the public (along with Federal Reserve System, Washington, the required HMDA data) at the DC 20551, at 202-452-3245. institution’s own offices. List of Subjects ia 12 CFR Part 2®3 Notice of the changes to the HMDA-1 reporting form and of the Board’s Banks, Banking, Consumer protection, adoption of a new HMDA-2 and Federal Reserve System, Home HMDA-2A is being published elsewhere mortgage disclosure, Mortgages, in this issue of the Federal Register, to Reporting and recordkeeping comply with the requirements of the requirements. Paperwork Reduction Act. For the reasons set out in this notice Appendix B Federal supervisory and pursuant to the Board's authority' agencies under section 305(a) of the Home Mortgage Disclosure Act (12 U.S.C. Appendix B of the current regulation, 2804(a)), 12 CFR Part 203 is revised to relating to application for state read as follows; exemptions, has been deleted. In its place, a reference to the availability of PART 2 0 3 = TOEfif £$0R?©A©I state exemptions has been added to OISCLOSU^S § 203.3. Current Appendix A, which lists Sec. enforcement agencies, has been 203.2 Authority, purpose, and asapa. designated Appendix E, The Board has 203.2 Befssittoas. 203.3 Exempt institutions. amended the appendix to incorporate 203.4 Compilation of loan data. references specifying that mortgage 203.5 Disclosure and reportings banking subsidiaries of bank holding 203.8 Enforcement. companies shall submit HMDA reports Appendix A Forms and instruciisns. to the Federal Reserve System, and that Appendix B Federal supervisory agencies. savings and loan service corporations Authority: 12 U.SLC. 2801-2810. and mortgage banking subsidiaries of savings and loan holding companies § 203.1 Authority, purpose, shall submit theirs to the Federal Ho®@ (a) Authority. This regulation is issued Loan Bank System. These reporting arrangements are appropriate in view of by the Board of Governors of the Federal Reserve System (“Board’") the Federal Reserve’s general pursuant to the Home Mortgage supervisory responsibility for non-bank subsidiaries of bank holding companies, Disclosure Act (12 U.S.C. 2801 eg sag.). The information collection requirements and the Federal'Honseiuoan Bank have been approved by the U.S. Office System’s parallel responsibility for of Management and Budget under 44 savings and loan seme® corporations U.S.C. 3501 et seq. and have been and mortgage banking subsidiaries of assigned OMB No. 7100-0080. savings and loan feolfeg companies. (5) Effective dates. Mortgage banking (b) Purpose. (1) T his regulation carries out the p u rp o ses of the H om e M ortgage subsidiaries of holding companies, and D isclosure A ct, w hich is in ten d ed to savings and loan service corporations that are not majority-owned by any on® provide the public w ith lo an d a ta th a t can be used: thrift institution, will be required to (i) T o h elp determ ine w h eth er report data on loan originations and fin an cial in stitu tio n s a re se rrin g the purchases for calendar year 1988. Their housing n e e d s of theis c o m m u n itie s First report will be due on March 31, 1989. A number of commenters asked (ii) T o a ssist p u b lic officiate m that these institutions not be required to distributing public secto r in v estm en ts t® report data for 1988. However, because as to a ttra c t private ®v©sta®n& te the statutory amendments specify the w here it is. needed. 5 316S7 (2) Neither the act nor this regulation is intended to encourage unsound lending practices or the allocation of credit. (c) Scope. This regulation applies to financial institutions, as defined in § 203.2(e), and requires them to disclose loan data at their home and certain branch offices and to report the data to supervisory agencies. (d) Central data depositories. Loan data are available to the public at central data depositories located in each metropolitan statistical area. The Federal Financial Institutions Examination Council aggregates loan data for all institutions in each metropolitan statistical area, showing lending patterns by location, age of housing stock, income level, and racial characteristics. A listing of central data depositories can be obtained from the U.S. Department of Housing and Urban Development, Washington, DC 20410, or from any of the agencies listed in Appendix B. §§@3.g Definitions. In this f®g®!ation: (a) Act moans the Home Mortgage Disclosure Act (12 U.S.C. 2801 et seq.) (b) Branch office means: (l)(i) Any o®e@ of a financial institution that is approved as a branch by a federal or state supepvisopy agency; or (ii) For a financial institution that is not required to obtain approval for a branch office, any office of the institution that takes applications from the public for home purchase or home improvement loans. (2) The term excludes free-standing automated teller machines and other electronic terminate. (c) Federal Housing Administration (FHA), Farmers Home Administration (FmHA), or Veterans (VA) loans mean mortgage loans insured under Title II of the National Housing Act or Title V of the Housing Act of 1849 or guaranteed under Chapter 3? of Title 38 of the Ufrited States Code. (d) Federally related mortgage loan means any loan (other than temporary financing such as a construction loan) secured by a first Men ®a a l-to-4 family dwelling (including a Goadomaium, a cooperative, or a mobile as manufactured home); (l>That is originated by a federally insured or regulated institution; (2) That io insured, gmrasi@Q4 os supplemented by any federal agency; as •to (3£ Tbafctksoriginator mtesds to sell the Federal Naiissdl Mortgage Associ ation, theCkRramEaGsatNatoael Mertjpip Aosscfeatkis, or ths Federal Home L$sa Federal Msgister / Vol. 53, No. 161 / Friday, A ugust 19, 1988 / Rules and Regulations (e) Financial institution means: (l)(i) A commercial bank, savings bank, savings and loan association, building and loan association, homestead association (including a cooperative bank) or credit union that originates federally related mortgage loans; (ii) A mortgage banking subsidiary of a savings and loan holding company, or a mortgage banking subsidiary of a bank holding company; however, a subsidiary is not a “mortgage banking subsidiary” under this section unless, in the preceding Calendar year, ten percent or more of its loan volume, measured in dollars, consisted of home purchase loans; or (iii) A savings and loan service corporation that originates or purchases mortgage loans, other than a savings and loan service corporation identified in paragraph (e)(2) of this section. (2) A majority-owned subsidiary of a financial institution, including a majority-owned savings and loan service corporation, is deemed to be part of the parent institution for purposes of this regulation. (f) H o m e i m p r o v e m e n t l o a n means any loan that: (1) Is stated by the borrower (at the time of the loan application) to be for the purpose of repairing, rehabilitating, or remodeling a residential dwelling (including a condominium, cooperative, or mobile or manufactured home) located in a state; and (2) is classified by the financial institution as a home improvement loan. (g) H o m e p u rc h a s e loan means any loan secured by and made for the purpose of purchasing, or refinancing the purchase of, a residential dwelling (including a condominium, cooperative, or mobile or manufactured home) located in a state. (h) M e t r o p o l i t a n s t a t i s t i c a l a r e a o r M S A means a metropolitan statistical area or a primary metropolitan statistical area, as defined by the U.S. Office of Management and Budget. (i) S t a t e means any state of the United States of America, the District of Columbia, and the Commonwealth of Puerto Rico. § 203.3 Exempt Snofcitofem, (a) E x e m p t i o n b a s e d o n a s s e t s i z e o r l o c a t i o n . A financial institution is exempt from the requirements of this regulation for a given calendar year if on the preceding December 31: (1) Its total assets were $10,000,000 or less; or (2) It had neither a home office nor a branch office in an MSA. (b) E x e m p t i o n b a s e d o n s t a t e la w . (1) A state-chartered financial institution is exempt from the requirements of this regulation if the Board determines that the institution is subject to a state disclosure law that contains requirements substantially similar to those imposed by this regulation and contains adequate provisions for enforcement. (2) Any state, state-chartered financial institution, or association of such institutions may apply to the Board for an exemption under this paragraph. (3) An institution that is exempt under this paragraph shall submit the data required by the state disclosure law to its state supervisory agency, for purposes of aggregation. (c) L o s s o f e x e m p t i o n . (1) An institution losing an exemption that was based on asset size or location under paragraph (a) of this section shall compile loan data in compliance with this regulation beginning with the calendar year following the year in which it lost its exemption. (2) An institution losing an exemption that was based on state law under paragraph (b) of this section shall compile loan data in compliance with this regulation beginning with the calendar year following the year for which it last reported loan data under the state disclosure law. § 203.4 CempiSatlwj ©ff Hean data. (a) D a t a t o b e i n c l u d e d . A financial institution shall compile data on the number and total dollar amount of home purchase and home improvement loans originated or purchased (by the institution and any majority-owned subsidiary) at any time during the calendar year, whether or not the loans are later sold. The institution shall compile the loan data in the format prescribed in Appendix A of this regulation. (b) I t e m i z a t i o n o f d a t a . A financial institution shall present the loan data separately for originations and purchases, itemizing the data by census tract or county and by type of loan, as prescribed below. It shall use the MSA boundaries (defined by the U.S. Office of Management and Budget) that were in effect on January 1 of the calendar year for which the data are compiled, and shall use the census tract maps from the most recent census tract series prepared by the U.S. Bureau of the Census. (1) G e o g r a p h i c i t e m i z a t i o n . —(i) I te m iz a t io n b y c e n s u s tr a c t o r c o u n ty . For each MSA in which the institution has a home or branch office, the institution shall itemize the loan data: (A) By the census tract in which the property purchased or improved is located, or (B) By the county in which the property purchased or improved is 6 located, if the property is located in an area not assigned census tracts or in a county with a population of 30,000 or less. (ii) P r o p e r t y l o c a t e d e l s e w h e r e . The institution shall list the loan data as an aggregate sum for loans on property located outside an MSA, or located in an MSA where the institution has neither a home nor a branch office. (2) T y p e - o f - l o a n i t e m i z a t i o n . The financial institution shall further itemize the loan data within each geographic unit by loan category as follows: (i) FHA, FmHA, and VA home purchase loans on l-to-4 family dwellings (except as provided in paragraph (c)(2) of this section); (ii) Conventional home purchase loans on l-to-4 family dwellings; (iii) Home improvement loans on 1-to4 family dwellings; (iv) Loans on dwellings for 5 or more families (including both home purchase and home improvement loans); and (v) Loans reported in the l-to-4 family categories that are made to nonoccupant borrowers, except for loans on property located outside an MSA, or located in an MSA where the institution has neither a home nor a branch office. (c) D a t a t o b e e x c l u d e d . (1) A financial institution shall not report: (1) Loans originated or purchased by the financial institution acting in a fiduciary capacity (such as trustee); (ii) Loans on unimproved land; (iii) Refinancings, between the original parties, involving no increase in the outstanding principal aside from closing costs and a c c r u e d finance charges; (iv) Temporary financing (such as bridge or construction loans); (v) The purchase of an interest in a pool of mortgage loans (such as mortgage participation certificates); or (vi) The purchase solely of the right to service loans. (2) Mortgage banking subsidiaries of holding companies and savings and loan service corporations (as defined in § 203.2(e)(1)) shall not report FHA loans insured under Title I or II of the National Housing Act. § 203.5 Disclosure andl reporting. (a) T i m e r e q u i r e m e n t s . By March 31 following the calendar year for which the loan data are compiled, a financial institution shall: (1) Make a complete loan data disclosure statement available to the public, and continue to make it available for five years from that date; and (2) Send two copies of its complete loan disclosure statement to the agency office specified in Appendix B of this regulation. Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations ^ (b) Availability to the public. (1) A financial institution shall make a complete loan disclosure statement available at its home office. (2) If it has branch offices in other MSAs, the financial institution shall also make a statement available in at least one branch office in each of those MSAs; the statement at a branch office need only contain data relating to property in the MSA where that branch office is located. (3) A financial institution shall make its disclosure statement available for inspection and copying during the hours the office is normally open to the public for business. A Financial institution that provides photocopying facilities may impose a reasonable charge for this service. (c) Notice of availability. A financial institution shall post a general notice about the availability of its disclosure statement in the lobbies of its home office and any branch offices located in an MSA. Upon request, it shall promptly provide the location of the institution's offices where the disclosure statement is available. At its option, an institution may include the location in its notice. § 203.® Enf©re©ra©irsi (a) Administrative enforcement. A violation of the act or this regulation is subject to administrative sanctions as provided in section 305 of the act. Compliance is enforced by the agencies listed in Appendix B of this regulation. (b) Bona fide errors. An error in compiling or disclosing loan data is not a violation of the act or this regulation if it was unintentional and occurred despite the maintenance of procedures reasonably adapted to avoid such errors. Appendix A—Fonns and Instracdons HMDA-l, "MORTGAGELOAN DISCLOSURE ST A TEMENT” Public reporting burden for this collection of information is estim ated to vary from 2 to 50 hours per response, with an average of 30 hours per response, including tim e to gather and m aintain the data needed and to review instructions and com plete the information collection. Send comments regarding this burden estim ate or any other aspect of this collection of information, including suggestions for reducing the burden, to Secretary, Board of Governors of the Federal Reserve System, W ashington, DC 20551; and to the Office o f Information and Regulatory Affairs, O ffice of Management and Budget, W ashington, DC 20503. 1 — i— i — — •■■ ■|— -r--"- —— — — — —|— - = M B- 1 INSTRUCTIONS TO COMMERCIAL BANKS. SA VINGS BANKS, SA VINGS AND LOAN ASSOCIATIONS, CREDIT UNIONS AND OTHER DEPOSITORY INSTITUTIONS A. Who Must Use This Form 1. A commercial bank, savings bank, savings and loan association, building and loan association, hom estead association (including a cooperative bank) or credit union must com plete this H M D A -l form to disclose loan data for a given calendar year if on the preceding Decem ber 31 the institution: a. Had assets of more than $ 1 0 million, and b. Had a home or a branch office in a metropolitan statistical area (MSA) or a primary m etropolitan statistical areas (PMSA). Example: If on Decem ber 31,1987, your home office w a s located in an MSA and your assets exceeded $ 1 0 million, you must compile data and com plete a disclosure statem ent for all hom e purchase and home inprovement loans that you originate or purchase during calendar year 1988. 2. H owever, your institution need not com plete a disclosure statem ent— even though it m eets the tests for asset size and location— if it m akes no first-lien mortgage loans on l-to-4 fam ily dw ellings in the calendar year for which the data ar© compiled. 3. A ny m ajority-owned subsidiary is deem ed to be part of the parent institution. Consequfently, you should consolidate into your disclosure statem ent loan data relating to originations and purchases by all of your institution’s m ajority-owned subsidiaries (including a m ajority-owned service corporation, in the case of a savings and loan association). To com ply with the requirements described under section G (Geographic Itemization) below , item ize loan data for M SAs or PMSAs w here the parent institution has a home or branch offices. Example: If you have a home and branch offices in N ew York City, and your subsidiary’s loan offices are-in Philadelphia, item ize data by census tract (or county) only for the N ew York PMSA. Report loan data on loans relating to property located anywhere outside the N ew York PMSA (including loans in Philadelphia) as an aggregate sum in section 2 (Loans on property not located in M SA s/PM SA s w here institution has hom e or branch offices). M~—~ 31689 itself. For example, you may produce a computer printout of your disclosure statem ent instead. But you must give all the identifying information asked for at the top of the form, use the prescribed column headings, provide the signature of a certifying officer, etc. 2. If your report on loan originations or purchases consists of more than one page, number the pages and include the name of your institution and the MSA number at the top of each page. Enter the totals for the MSA on the final page; do not give subtotals on earlier pages. Report the section 2 data (Loans or property not located in M SA s/ PMSAs) on the final page. If your report contains item ized data for more than one MSA, report the section 2 data only once for Part A and once for Part B— do not repeat the data on the report for each MSA. D. When and Where Statement is Due 1. You must send two copies of your disclosure statement to the office specified by your federal supervisory agency no later than March 31 follow ing the calendar year for which the loan data are compiled. 2. The com pleted disclosure statement must be signed by an officer of your institution (for both Part A and Part B, on the final page of each) certifying to the accuracy of the data and indicating whether the statement includes data of a m ajority-owned subsidiary. (See paragraph 3 of section A above.) 3. You also must make your disclosure statem ent available no later than March 31 for inspection by the public at your home office and, if you have branch offices in other M SAs, at one branch office in each of these MSAs. E. Data To Be Shown 1. Originations and purchases. Show the data on home purchase and home improvement loans that you originated or purchased during the calendar year covered by the disclosure statem ent. Report the data on loan originations on Part A of the form and the data on loan purchases on Part B of the form even if the loans were subsequently sold. If you have no loans to report in one of the two parts, enter "none” in the column provided for census tract numbers and enter zeros in Columns A through E: this helps to B. Who Must Use Other Forms sh ow that no part of an institution’s report 1 . Mortgage banking subsidiaries of bank has been lost. holding com panies, mortgage banking 2. Number and total dollar amount. Show subsidiaries of savings and loan holding the number of loans and the total dollar com panies, and savings and loan service amount of loans for each category on the corporations that originate or purchase statement. For home purchase loans that you mortgage loans (other than service originate, “total dollar amount” m eans the corporations that are m ajority-owned by a original principal amount of the loan. For single savings and loan association) must use home purchase loans that you purchase, the HMDA - 2 form instead of the H M D A -l. "total dollar amount” m eans the unpaid 2. Institutions that have been exem pted by principal balance of the loan at time of the Federal Reserve Board from complying purchase. For home improvement loans (both with federal law b ecause they are covered by originations and purchases), you may include a similar state law on mortgage loan unpaid finance charges in the “total dollar disclosures must use the disclosure form amount” if that is how you record such loans required by their state law. on your books. C. Format 3. Rounding. Round all dollar amounts to 1. You must use the format of the H M D A -l the nearest thousand ($500 should be rounded form, but you are not required to use the form up), and show in terms of thousands. 7 31©o© Federal R egister / VoL 53, No. 161 / Friday, A ugust 19, 1968 / R ales and R egulations F Data to Be Excluded Do not report the following types of loans: 1. Loans that, although secured by reel estate, are made for purposes other than for home purchase or home improvement (for example, do not report a loan secured by residential real property for purposes of financing education, a vacation, or business operations); 2. Loans made or purchased in a fiduciary capacity [for example, by your trust department); 3. Loans on unimproved land; 4. Refinancings that involve no increase in the outstanding principal, aside from closing costs and unpaid finance charges; 5. Construction loans and other temporary financing; 6. Purchase of an interest in a pool of mortgage loans such as mortgage participation certificates; or 7. Purchases solely of the right to service loans. G. Geographic Itemization (breakdown of loan data for each MSA or PMSA by census tract or county and of loan data in the outside-MSA/PMSA category} L MSA/PMSA. You must compile loan data geographically for each MSA or PMSA in which you have a home <sr branch office, (See itemB balow for treatment of loans on property outside MSAs/PMSAs), Start a sew page for each MSA or PMSA, if yon itemize data for more than one MSA/PMSA. You must use the MSA/PMSA boundaries (defined by the U.S. Office of Management and Budget) that were hi effect on January 1 of the calendar year for wMch the loan data are compiled. 2. Census tract cra& m ty. Wm loans mu property thst is feezed within one of these MSAs or PMSAs, itemize the data by the census tract in which the property is located, except that you must itemize the data by county instead of census tract when fee property: a. Is located in an arsa fest is sret divsisd into census tra c ts ta fee US, Cessma Bureau’s census treat maps (see Sam 3 below); or b. Is located ia a cmaaty wife a popakaisa of 3(MMM).©r less. To determ ine p a p ik itisa , a se tbeC tesas! Bureau’s PCSS-i-A popul&iinH series .esrao sS the population has saessoesd efesw© 3QrfKK> since 1S89. 3. Census tract maps. To determ ine c e a s a a tract numbers, consult the U.S. Census Bureau’s census tract ©uMtes uggu. Yea .sgg? use the maps ©f the appropriate .MSAa/ PMSAs in fee Census Buseau’*.EHC8&-£ series for the I960 census, or use equivalent census data from the Census Bureau (such as GBF/DIME files) or from a private publisher, Use the maps in the 1980 series even if more current maps are available. 4. Compilation. Enter the data for all loans made in a givsa census tract on the same line, listing the number and total dollar amount ® the appropriate columns (as described below in section H) and listing the census tracts in numerical sequence. Do the same for loans made hi a given county. 5. Duplicate census tract numbers. If you have a home ©r branch office in the New York, NY PMSA, note that there ere duplicate census tract numbers in New York City. When reporting, you must indicate the county (by name or number) in addition to the tract number for these census tracts. 0. Ozrtsrde-MSA/PMSA. If the loans are for property that is located outside those MSAs or PMSAs in which you have a home or branch office for outside any MSA or PMSA), report the loan data as an aggregate sum in section 2 of the form. You do not have to itemize these loans by census tract or county. (But you will have to Itemize the data by type of loan, as described in section H below.) 2. Include refinancings if there is an increase in the outstanding principal aside from any increase related to closing costs of unpaid finance charges. 3. Include any nonoccupant conventional loans in this column as well as in Column E. 4. At year option, you may include loans that a ps made £@r home improvement purposes but that are secured by a first lien, if you normally classify first-lien loans as purchase loans. Column C: Home improvement loans on 1to-4 family dwellings. 1. Report in Column C only loans that: a. The borrowers have said are to be used for repairing, rehabilitating, or remodeling residential dwellings, and b. Are recorded on your books as home improvement loans. 2. homo -equity fines of credit, you may include i s Cofeam C feat portion of fee line of credit fe&f &® fearrewer indicates will be , used for home improvement, at the time the account is opened. Report only in the year the line is established. 3. Indade both ©soused and unsecured loans. 4. You sm g a is k & wjpaid finance charges in tha '“totel d d la r ssssunt” if that is how you H. Type-of4^m Itsmisatkm (Bredkd&wn ©/ record such loans an your books. each geographic grouping in&s i&sn 5. Indude m y nsnosoupant home categories— Columns A-E) improvement loans in this column as well as in Oakes® E. Column A: FHA, FmHA, and YA loans on CqIughs D: Loans -®a sraltifsmsly dwellings l-to-4 family dwellings. (5 or fcmiMefi^. 1. Report in Column A loans marie for ths 1. Report in Column D loans on dwellings purpose of puschasing a residential dwelling for 5 or more families, including both loans for 1 to 4 families If the loan is secured by a for home purchase and loans for home lien and if it is insured or guaranteed by improvement. FHA, FmHA, or YA. 2. Do not report loans on individual 2. At your option, ysum ay include loans condoirnnhim or cooperative units in Column that are mad® for home iisprwesasnt D; report sudh io sss m Columns A. B, or C. purposes hut w s secured by a first Men, if you CcSe s k 1: Nosoccupant loans ©a l-to-4 normally daag£% fisisUien kaaiss as family loans. 1. Report in Column E any ham® purchase 3. Include-refisaaok^s if there is sn and home improvement loans on l-to-4 Family increase in the © utstading prfeop&l aside dwellings flisted in Colranns A, B, andC ) that from eaksted 4a Gassing-cnetaer were made t® borrowers who indicated at fee unpaid fereass -she^es, time of the terssppiGsSsiR feat they did not 4. i&cteris s e y Bo&scsupsst OTA, IFesHA, in te n d s m a f a psrrpoi&y a piscipaS or VA loan*.i a. this cbIbihr ■•33waM a sm dwelling. C o lu sa 1L 2. In completing Column E of Part B, you 5. Do not sh an't OTA I S fe I {hom e improvsiEoS} Jsons & tieinroA t fas® loams may assume that a purchased loan does not fall within this “aonascupani” category a re to fa'sffitessdife Colum n C . unless your documents contain information to Column B: Conventional home ponciiaBe the contrary. loans on l-to-4 family dwellings. 3. Do not complete Cakssasi E fer loans feat 1. Report in Column B conventional loans you report under section 2 (Loans on property (alLloaBSHBftBrihaB'M A, SsrU lLsai V h not lossted in MSAs/FMSAt^, is either Part loans) m ado& r^te parpage^f^ss^feasisga A (Oiggiiggion&Q « r Part ffi fPaniiBses).. residen tint <4«PBlingfof?lte 4 families & fee m urja loans aro ^ o sss^ fey a Seft. 8 OMO No 7100-0023 Apptaval onplfoa Juno tSSO Tw o tcpc*l to loqutted S>y law 0 2 USC 2201-2010 oral 12 CFR 203) MORTGAGE UDAW DSSCUDSURE STATEMENT, FORM HMDA-1 FOK USE Control numbof (agency use only) DEPOSITORY INSTITUTIONS Part A — Originations I I I I I I I I H I.il Report for loans mad® in 19— fte^yitag Smotltuttess It J EnSejcejnant agsncy fl©r traportlng Institution Ajjfiuso Mesas g3BSSA/PMSA Scsffista T—Sjssens ®» & m & w tg toasted to E38Af?E9®& rate® tet&aatea teas a te sta «j terosfe ®«M*o O-fewtiSQ pma, CENSUS TRACT CS>numsrteea ertsuencc) e? COU?JTV cj mz&QJ) Loans on Mod Family SsscKngo L/oono Convenltoisal . 0 gjk3m A £to. <tf Loasio ?C3©3(ttsJJC*ACv1®4S533 Wo. ©9 Loan© TTelpJ) OoCScyAr^®^3 KassioteyiovcaKcsJ Uksso C Wo. ©9 &CSft3 VctoO(So^e? L©sjw3cjd CtSuOUtlfQraSSy©tsci52n®off©? ©a C&WQFomiltea £?t®mspuTCfrocoo ana &W W TKJ>tejptf<STCSJOttnrflrt|) 0 W©. ©9 L&23B3 TToOSl DoWSf Apkcjj?Q (tftowaonctoj Wonoccopant Loono on Mo-4 Family Dvaoillngo Op®mcolumn©A. 0 ami C ft Mo. ©9 Looks Yo3g» Dollar Amount filtouoonde) Federal Register / Vol. 53, No. 101 / MSA/PfetSA num ber Sor d a ta reported In S ectio n T Friday, August VO 19, 1988 / MSAKP&2SA TOTAL SssOJsn 2— Loona ®35 gjejsorty ces9 faceted to MSAeiPElSAo c Sje ;© bjoOKtefe^ teas tessa cj tassSJ ©ilEseo S®a£34!iool CorWyasg OJltccj Pttni f-^cmool Patnon Cotnptollftg Fotrjt Telephone Numftot |IncIu4s Atoo Codo and Emsnoion) Rules and Regulations ■ H P m r n im m SctoK®®dlsatittte311 taEKuMUtociuas) 11 eooaiaalotoraaiitnayt 9ft£3c*v caMy to tao Sixmezv el eras .esKtta 31691 MORTGAGE LOAN DISCLOSURE STATEMENT, FORM HMDA-1 IS Control number (agency u se only) F O R USE BY DEPO SITO RY IN S T IT U T IO N S Fart B— Purchases I__i__L I I I I I I - I— L-l Report for (loans mad© in 19___ R eporting Institution I I I__I Enforcement agency tor reporting Institution ArtHjcoo A££lC30 Nemo o! MSA/M48A S ssttsn t — a.®aota eat praperts? fesatcai to MSAJPMSA w tioM teoGlflufliteia Gaos o horns ©j ferastsSi ©dllteo Loono on 1-10-4Family Doclllnoo temo Purebaoo Lcano C=«a. PcsMA, CJtd VA A CENSUS TRACT (bi numorteel ooouoi.ee) 0 IK». eO ieeito ...... L‘ COUNTY taarco or nurabar) . _J L . ‘ ' :.?) ’.:... i r ............. .............................. ■ ’ ?E5o! Oo!)o Antes®5 CMiOaocKsSc) CoaKHisisnel 0 No. 03 IffiOJO TolQJ Bailor Amount {SfiasseeiuSi) Loans on MuMflomily Chsctllngo Icj 5 cj Lt-GJOFomiJiao tfiomo ptfjcfioooo ond homo trit^foucmcjill) © Homs ImjMoscmesit Useno C No. OJ Econo Tool Holier AroautitO tKtaiKssswta) Wo c3 Locjsio Tolel Doltoi Amosatt IJttoaocreJo) Nonoccupant Loans on Mo-4 Fomily Dwellings liom coiufRjio A, B end C £ No. cJ dJD^JUO Total Dollar Amount ilftouaandsj ' '...r »'■ ;..M V' * im m . 2 — IWSJ35SD ©a EJcscsflt? 0523 tosoeci! to MfUkaJPIISAe teastojite] t o tosso c? >Fftzjcyj c3CC?Wempties 5taCtei3DaBc aKenney COS e?kmda m 0'SS£N=oct Gatwptop Qtt&p C36XEKQ C 0 0 S G2fl(f-01-C F»im Neicoh tocea GoroptelliC! TotcjjMMK) Mumbct (IncitiSo Area Ohio end £nfSno!on) F©ibs$i R ep stet / V®L 53, No. 181 / Friday, August 19, 1988 / Rssles assd Regulations MSA/PMSA numrttosr tor d a ta reported in Section n Federal Register / Vol. 53, No. 161 / Friday, A ugust 19, 1988 / Rules and Regulations — FORM HMDA-2. "MORTGAGE LOAN DISCLOSURE STA TEMENT" Public reporting burden for this collection of information is estimated to vary from 30 to 100 hours per response, with an average of 60 hours per response, including time to gather and maintain the data needed and to review instructions and complete the information collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Secretary, Board of Governors of the Federal Reserve System, Washington, DC 20551; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. INSTRUCTIONS TO MORTGAGE BANKING SUBSIDIARIES OF HOLDING COMPANIES AND TO SA VINGS AND LOANS SER VICE CORPORA TIONS A. Who Must Use This Form 1. A mortgage banking subsidiary of a bank holding company, a mortgage banking subsidiary of a savings and loan holding company, or a savings and loan service corporation that originates or purchases mortgage loans (other than a service corporation that is majority-owned by a single savings and loan association) must complete this HMDA-2 form to disclose loan data for the current calendar year if on the preceding December 31 the subsidiary or service corporation: a. Had assets of more than $10 million, and b. Had a home or branch office in a metropolitan statistical area (MSA) or a primary metropolitan statistical area (PMSA). Example: If on December 31,1987, your home office was in an MSA and yoar assets exceeded $10 million, you must compile data and complete a disclosure statement for all home purchase and home improvement loans that you originate or purchase during calendar year 1988. 2. For purposes of loan disclosure requirements (including geographic se purchase, itemization under section G below), a branch office means any office of your institution (not of an affiliate) that takes applications from the public. 3. You must use the format of the HMDA-2 form, but you are not required to use the form itself. For example, you may produce a computer printout of your disclosure statement instead. But you must be sure to include all of the identifying information asked for at the top of the form, to use the prescribed column headings, to provide the signature of the certifying officer, etc. B. Who Must Use Other Forms. 1. Commercial banks, savings and loan banks, savings and loan associations, building and loan associations, homestead associations (including cooperative banks) and credit unions must use the form HMDA1, instead of HMDA-2. 2. A service corporation that is majorityowned by a single savings and loan association is deemed to be part of the parent institution, and its loan data will be reported on a consolidated basis with the parent’s data on the HMDA-1. 1 ..........— — — — — — — — — l — — .------. -r- m 31S§)$ Rounding. Round all dollar amounts to 3. Institutions that have been exempted by 3. the nearest thousand ($500 should be rounded the Federal Reserve Board from complying up), and show in terms of thousands. with the federal law because they are covered by a similar state law on mortgage F. Data to Be Excluded loan disclosures must use the disclosure form Do not report the following types of loans: required by their state law. 1. Loans that, although secured by real C. Format estate, are made for purposes other than for 1. You must use the format of the HMDA-2 home purchase or home improvement (for form, but you are not required to use the form example, do not report a loan secured by itself. For example, you may produce a residential real property for purposes of computer printout of your disclosure financing education, a vacation, or business statement instead. But you must give all the operations); identifying information asked for at the top of 2. Loans made or purchased in a fiduciary the form, use the prescribed column headings, capacity; provide the signature of a certifying officer, 3. Loans on unimproved land; etc. 4. Refinancings of loans that involve no 2. If your report on loan originations or increase in the outstanding principal, aside purchases consists of more than one page, from closing costs and unpaid finance number the pages and include fee name of charges; your institution and the MSA number at the 5. Construction loans and other temporary top of each page. Enter the totals for the MSA financing; on the final page; do not give subtotals on 0. Purchase of an interest in a pool of' earlier pages. Report the Section 2 data mortgage loans such as mortgage (Loans on property not located in MSAs/ participation certificates; PMSAs) on the final page. If your report 7. Purchases solely of the right to service contains itemized data for more than one loans; or MSA, report the Section 2 data only once for 8. FHA home purchase and home Part A and once for Part B—do not repeat the improvement loans (at your option, you may data on the report for each MSA. record FHA Loans on form HMDA-2A, “Mortgage Loan Statement for Optional D. When and Where Statem ent is Due Disclosure of FHA Loans"). 1. You must send two copies of your disclosure statement to the office specified by your federal supervisory agency no later than March 31 following the calendar year for which the loan data are compiled. 2. The completed disclosure statement must be signed by an officer of your institution (for both Part A and Part B on the final page of each), certifying to the accuracy of the data. 3. You also must make your disclosure statement available a® later than March 32 for inspection by the public a t your home office and, if you have branch offices in other MSAs, at one branch office in each of these MSAs. E. Data to Be Shown 1. Originations and purchases. Show the data on home purchase and home improvement loans that you originated or purchased during the calendar year covered by the disclosure statement. Report the data on loan originations on Part A of the form and the data on purchases on Part B of the form even if the loans were subsequently sold. If you have no loans to report in one of the two parts, enter "none” in the column provided for census tract numbers and enter zeros in Columns A through E; this helps to show that no part of an institution’s report has been lost. 2. Number and total dollar amount. Show both the number of loans and the total dollar amount of loans for each category on the statement. For home purchase loans that you originate, "total dollar amount” means the original principal amount of the loan. For home purchase loans that you purchase, “total dollar amount” means the unpaid principal balance of the loan at time of purchase. For home improvement loans (both originations and purchases), you may include unpaid finance charges in the "total dollar amount" if that is how you record such loans on your books. 11 G. Geographic Itemization (breakdown of loan data for each MSA or PMSA b y census tract or county, and aggregation o f loan data for the o atsideS A /P M S category) 1. MSA/PMSA. You must compile loan data geographically for each MSA or PMSA in which you have a hsme er branch office. (See item 6 below for treatment of loans on property outside susfe MSAa/PMSAs). Start a new page for eadi MSA <sr PMSA if you itemize data for more than one MSA/PMSA. You must use the MSA/PMSA boundaries (defined by the U.S. Office of Management and Budget) that were in effect on January 1 of the calendar year for which the loan data are compiled. 2. Census tract or county. For loans on property that is located within one of these MSAs or PMSAs, itemize the data by the census tract in which the property is located, except that you must itemize the data by county instead of census tract when the property: a. Is located in an area that is not divided into census tracts on the U.S. Census Bureau’s census tract outline maps (see item 3 below); or b. Is located in a county with a population of 30,000 or less. To determine population, use the Census Bureau’s PC80-1-A population series even if the populations has increased above 30,000 since 1980. 3. Census tract maps. To determine census tract numbers, consult the U.S. Census Bureau’s census tract outline maps. You may use the maps of the appropriate MSAs / PMSAs in the Census Bureau’s PHC80-2 series for the 1980 census, or use equivalent census data from the Census Bureau (such as GBF/DIME files) or from a private publisher. Use the maps in the 1980 series even if more current maps are available. 31694 Federal Register / Vol. 53, No. 161 / Friday, A ugust 19, 1988 / Rules and R egulations 4. Compilation. Enter the data for all loans made in a given census tract on the same line, listing the number and total dollar amount in the appropriate columns (as described below in section H) and listing the census tracts in numerical sequence. Do the same for loans made in a given county. 5. Duplicate census tract numbers. If you have a home or branch office in the New York, NY PMSA, note that there are duplicate census tract numbers in New York City. When reporting, you must indicate the county (by name or number) in addition to the tract number for these census tracts. 6. Outside-MSA/PMSA. If the loans are for property that is located outside those MSAs or PMSAs in which you have a home or branch office (or outside any MSA or PMSA), report the loan data as an aggregate sum in Section 2 of the form. You do not have to itemize the loans by census tract or county. (But you will have to itemize the data by type of loan, as described in section H below.) H. Type-of-Loan Itemization (breakdown of each geographic grouping into loan categories—Columns A-E). Column A: FmHA and VA loans on l-to-4 family dwellings. I. Report in Column A loans made for the purpose of purchasing a residential dwelling for 1 to 4 families if the loan is secured by a lien and if it is insured or guaranteed by FmHA or VA. 2. At your option, you may include loans that are made for home improvement purposes but are secured by a first lien, if you normally classify first-lien loans as purchase loans. 3. Include refinancings if there is an increase in the outstanding principal aside from any increase related to closing costs or unpaid finance charges. 4. Include any nonoccupant loans in this column as well as in Column E. 5. Do not include FHA loans in Column A. At your option, you may record FHA loans on the form HMDA-2A, "Mortgage Loan Statement for Optional Disclosure of FHA Loans.” Column B. Conventional home purchase loans on l-to-4 family dwellings. 1. Report in Column B conventional loans (all loans other than FmHA and VA loans) made for the purpose of purchasing a residential dwelling for 1 to 4 families if the loan is secured by a lien. 2. Include refinancings if there is an increase in the outstanding principal aside from any increase related to closing costs or unpaid finance charges. 3. Include any nonoccupant conventional loans in this column as well as in Column E. 4. At your option, you may include loans that are made for home improvement purposes but that are secured by a first lien, if you normally classify first-lien loans as purchase loans. Column C. Home improvement loans on 1to-4 family dwellings. 1. Report in Column C only loans that: a. The borrowers have said are to be used for repairing, rehabilitating, or remodeling residential dwellings, and b. Are recorded on your books as home improvement loans. 2. For home equity lines of credit, you may include in Column C that portion of the line of credit that the borrower indicates will be used for home improvement, at the time the account is opened. Report only for the year in which the line is established. 3. Include both secured and unsecured loans. 4. You may include upaid finance charges in the "total dollar amount" if that is how you record such loans on your books. 12 5. Include any nonoccupant home improvement loans in this column as well as in Column E. 6. Do not report FHA loans in Column C. At your option, you may report FHA loans on form HMDA-2A, “Mortgage Loan Statement for Optional Disclosure of FHA Loans." Column D: Loans on multifamily dwellings (5 or more families). 1. Report in Column D all loans on dwellings for 5 or more families, including both loans for home purchase and loans for home improvement. 2. Do not report loans on individual condominium or cooperative units; report such loans in Columns A, B, or C. 3. Do not report FHA loans in Column D. At your option, you may report FHA loans on form HMDA-2A, "Mortgage Loan Statement for Optional Disclosure of FHA Loans." Column E: Nonoccupant loans on l-to-4 family dwellings. 1. Report in Column E any home purchase and home improvement loans on l-to-4 family dwellings (listed in Columns A, B, and C) that were made to borrowers 'who indicated at the time of the loan application that they did not intend to use the property as a principal dwelling. 2. In completing Column E of Part B, you may assume that a purchased loan does not fall within this “nonoccupant” category unless your documents contain information to the contrary. 3. Do not complete Column E for loans that you report under section 2 (Loans on property not located inMSAs/PMASs where institution has horn© or branch offices), in either Part A (Originations) or Part B (Purchases). ©ILUM® CODS 8210-01-M OMB No 71000090 Approval onpiros June 1900 This report Is requited by low (12 USC 2001-2810 end 12 CFR 203) MORTGAGE LOAN DISCLOSURE STATEMENT, FORM HMDA-2 Control number (agency use only) FOP! USE 0V: o MORTGAGE BANKING SUBSIDIARIES OF MOLDING COMPANIES ° CERTAIN SAVINGS AND LOAN SERVICE CORPORATIONS Part A—-Origlin®(lions I 1 I 1 I I I I 1 I ..1 L-LJ ■LJ Report for Soaros mad© im 19___ Enforcomont agency tor reporting institution Mowto Nemo MSA/PMSA number lor data reported In Section 1 AtfdisM " —— NaaMaTPmni Oaaneaay " Ssctten 1—L®cno ©a pje$orty Addroao Nomo ol MSA/PMSA toeated In MSA/PMSA sdWD fcnolMt^San Cmo ® fsssres @7 foTorcsft ©flSEso Loano on 11o-4 Family Dwcillnga Haas Stoehoso Looms CENSUS TRagt (tn Conventional FmHA erafl VA A ooousnccj Homo Improvement loons C 0 cr G0UN?V G3 an? No of locrco Totoi Dofiti Arpoanl (ttxjuoenflU No ol Loans Loans on Mulllfomlty Dnalllngs for 9 or Mora Fomlhoo (homo purchases and homo Improvement) D No ol loans TotGi Polio* Afipount fthoucoraJn) Total Dollar Amount (thousands) Wo. ol Loons Total Dollar Amount (thousands) Nonoccupant Loono on Mo 4 Family Dwellings fromcolumns A, 0 and C E Wo of Loans Total Dollar Amount (thousands) MSA/PMSA TOTAL Section 2— Loareg @8 prepay «©3 tesetesfl In MSAo/FKSSAo ratters (notStultcfli St®§ teBO ®j Bsfestsfo eSIfaas w m M M iM iW E im m E M iM M iiiiim i ~ i i i 1 T ’-------- K T i i l i W l M i 1hereby certify to Iho accpr^y ol this report Siq.mufe ol Cp.hiying Ollicer Pilot Mama o! feoon Ciompteilng fora Yelophono Number (include Aroo CoJo an! Eatennon) Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations P&porttog Institution 31695 MORTGAGE LOAN DISCLOSURE STATEMENT, FORM HMDA-2 Control number (agency use only) FOR USE BY: ® MORTGAGE BANKING SUBSIDIARIES OF HOLDING COMPANIES ® CERTAIN SAVINGS AND LOAN SERVICE CORPORATIONS I I I I I I l l 111 Part B—Purchases Report for loans mad© In 19— Reporting Institution Enforcement agency for reporting Institution ___________________________________________ ___________________ ___________________________________________ __________________ Noma Nomo Addrooo Address I I l -L-J MSA/PMSA number for data reported In Section 1 Mams Nomo ol Poront Company SoeOto t — Loans ®m pmjserty tocatcwS la E3SA/PE3SA tstoro CastKlMateM too a tosao or feramsfti ofltso Loans on 1-to-d Family Dwellings Home fHwcbooo Loons CENSUS TRACT (In numortcol caquenco) or COUNTY (mmo os number) Gcm?cnttonal FmMA end VA A Homo Improvement Loono C a Tolel Collar Amount (thouoondo) MO. C3 Loom) No ol Loans Total Do!lor Amount •jlltouoands) Loono on Ctfuttlffomlly D^®IHn®o tor S or More Families (homo purchases end homo Improvomor 1) D EvO Ol Loono Yoto! Dotlar Am>oun(I (thousands) No of Loono Total Dollar Amount (thousands) Nonoccupont LoanD fromcolumns A. 0 and C E Mo o? Loono Total Dollar Amount (thousands) MSA/PMSA TOTAL SscWom 2—L®sro ®m iprojiorfly oksI tesoOcsC Cm taSAcfPKJSAo oto ro CjsoMImMom to o Cmno or feramsfia ®05l!®oo m M iiiiiiiiiiiiiiiiiM M ii^ I hereby cetllly to Iho accuracy ol Un> report Signoluro ol Corlllylng Olllcsr DlLLCfJQ CODE 8210-01-C i ....i ~ ....................................i Prtnl Nonesol Person Completing Form i ... r r • . r j/ m m iiim iiiiiiiiiiiiiiiiiiiiiiiiii Telephone Number (Include Aroo Code end Salonolon) Federal Register / Vol. 53, No. 161 / Friday, A ugust 19, 1988 / R ules and R egulations FORM HMDA-2A, "MORTGAGE LOAN STATEMENT FOR OPTIONAL DISCLOSURE OFFHA LOANS" to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. This collection of information is not required. Mortgage banking subsidiaries of holding companies and certain savings and loan associations may record their FHA loans on this form if they wish to make that data available to the public. Public reporting burden for this collection of information is estimated to vary from 10 to 50 hours per response, with an average of 20 hours per response, including time to gather and maintain the data needed and to review instructions and complete the information collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Secretary, Board of Governors of the Federal Reserve System, Washington, DC 20551; and INSTRUCTIONS TO MORTGAGE BANKING SUBSIDIARIES OF HOLDING COMPANIES AND TO CERTAIN SA VINGS AND LOAN SER VICE CORPORA TIONS A. Who M ay Use This Form If you are the mortgage banking subsidiary of a bank holding company or of a saving and loan holding company, or if you are a savings and loan service corporation that files the HMDA-2 form, you are required to exclude data on FHA Title I (home improvement) and FHA Title II (home purchase) loans from your form HMDA-2. At your option, however, you may record FHA loans on form HMDA-2A and make the form available to the public along with your HMDA-2 disclosure statement. 15 31*89'?' B. Data to be Shown 1. For loans that you originate, see the instructions that are provided for the HMDA2 form under section G (Geographic Itemization). Report the number and total dollar amount of FHA home purchase loans in Column 1 and FHA home improvement loans in Column 2. Include loans on both 1-to4 family dwellings and multifamily dwellings for 5 or more families. 2. For loans that you purchase, see the instructions that are provided for the HMDA2 form under section G (Geographic Itemization). Report the number and total dollar amount of FHA home purchase loans in Column 3 and FHA home improvement loans in Column 4. Include loans on both 1-to4 family dwellings and multifamily dwellings for 5 or more families. SSUJtCa COBS 6310-fl1=£3 M0OTGA6E LOAM STATEMENT FOR OPFSOMAL DISCLOSURE O F FHA LDANSP FORM HMDA-2A 31@©i OM0 No 7HJJMBJ8D Approval empires Juno 1BS0 Two report oolhorirod by lara(ia L>SC20012310 end 12CFf) 203) FOR USE ®V: o MORTGAGE BANKING SUBSIDIARIES OF MOLDING COMPANIES o CERTAIN SAVINGS AND LOAN SERVICE CORPORATIONS piatra Nanto ArfdJoea ' ' Address Warns ol MSAfPMSA CJaroool Fbrcni Company CcaCtsa 1—-L®QE3 ©s prepwfy locates In M8MPMSA ts&we CasStetfesn tea a tossss m ferascst* ®5J8a® FMA Lcano Purchaesd FMA Loans Ortslnoled CEWSU&TRACT (in numeyicci octsitencG) C? OOUMTV (nemo«B Rismacn 8mjwcrt?ssTi.S7iJ loema 2 Total Dc5J&3AfsvowtVl Ma cf teens CShojisasM^ WsmoPurcfiaMLoans T Total Dollar Amount titiotsOEJato) Ma of Loans Bom* Pwchsca boons 3' ToSal Be?)pi Arttgamf Ma of Loans (ttia«Ea5{iSs) M8A/FMSA TOTAL Qssfcss S—Escsa ca prs^astiy rasa CssatosS Ca KSAnlPCaCAs whera testltMtesa has homo ®r kjasng}} ©ffleoo HIMMIlIJMfflWIIIMBWMWillMMMMIIIWMtMWW ' d m iik ® s o ts eai®-®i-c I I -----1----------------r ~ ..........~l-----------------T Bsots$> Looms 4 fc2$. Laeno Total Bol|©y Amount Federal Rebates1/ VdL 53, No. 161 / Friday, August 19, 1938* / Rules and Regulations (R®€Qin$ of FRA Scans mad© 8n 1©___ tostltutloa Enforcamont agancy for Ibis Institution ________________________________________________________________________________________________________________________ MSA/PMSA number tor data repotted In Section 1 ---------------------------- F ederal R egister / V ol. 53, Appendix B—Federal Supervisory Agencies The following list indicates which federal agency is responsible for enforcing compliance by each class of covered institutions. Questions should be directed, and copies of your disclosure statements should be sent, to the office specified below. You may also obtain posters from these agencies that you can use to inform the public of the availability of your disclosure statement. National Banks Comptroller of the Currency regional office serving the district in which the national bank is located. No. 161 / Friday, August 19, 1988 / Rules and Regulations State Member Banks and Mortgage Banking Subsidiaries o f Bank Holding Companies Federal Reserve Bank serving the district in which the state member bank or mortgage banking subsidiary is located. Nonmember Insured Banks (except for Federal Savings Banks) Federal Deposit Insurance Corporation Regional Director for the region in which the bank is located. Savings Institutions Insured b y FSLIC, Mortgage Banking Subsidiaries of Savings and Loan Holding Companies, Savings and Loan Service Corporations, and Members o f the FHLB System (except for State Savings Banks insured b y FDIC) 17 31699 Federal Home Loan Bank Board Supervisory Agent in the district in which the institution is located. Credit Unions Office of Examination and Insurance, National Credit Union Administration, 1770 G Street NW., Washington, DC 20456. Other Financial Institutions Federal Deposit Insurance Corporation Regional Director for the region in which the institution is located. By order of the Board of Governors of the Federal Reserve System, August 11,1968. William W. Wiles, Secretary o f the Board. [FR Doc. 83-18701 Filed 3-13-38; 8:45 am] BILLING COB® 6210-01-M