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FEDERAL RESERVE BANK OF NEW YORK [ Circular No. 9234 January 18, 1982 ~| HOME MORTGAGE DISCLOSURE Finalization of HMDA-1 Disclosure and Reporting Form To All Institutions Subject to the Home Mortgage Disclosure Act, and Others Concerned, in the Second Federal Reserve District: The Board of Governors of the Federal Reserve System has amended its Regulation C, “ Home Mortgage Disclosure,” in order to publish a final version of its HMDA-1 disclosure and reporting form, as required under the Home Mortgage Disclosure Act. The form, entitled “ Mortgage Loan Disclosure Statement,” which constitutes Appendix C to Regulation C, is to be used by all depository institutions covered by the Board’s regulation for reporting their mortgage and home improvement loan data, beginning with data for the year 1981. Enclosed is a copy of the text of the amendment to Regulation C, which has been reprinted from the Federal Register. Also enclosed — for State member banks — is a copy of the HMD A -1 form, which can be used for reproduction purposes. Other depository institutions should be able to obtain a copy of the form from their own supervisory agency. Questions regarding this matter may be directed to our Consumer Affairs and Bank Regulations Department (Tel. No. 212-791-5914). A nthony M. S olom on, President. Board of Governors of the Federal Reserve System HOME MORTGAGE DISCLOSURE AMENDMENT TO REGULATION C (effective December 30, 1981) FEDERAL RESERVE SYSTEM 12CFR Part 203 {Reg. C; Docket No. R-0350] Home Mortgage Disclosure; Final HMDA-1 Form A G EN C Y ; Board of Governors of the Federal R eserve System. A CTIO N : Final rule. The Board is publishing the final version of its HMDA-1 disclosure and reporting form, required under the Hom e Mortgage D isclosure Act. This format is to be used by all depository institutions covered by Regulation C for reporting their mortgage and home im provement loan data, beginning with data for the calendar year 1981. The form constitutes A ppendix C to the regulation. e f f e c t i v e d a t e : D ecem ber 30,1981. su m m a ry: FO R FU R T H ER INFORMATION CO N TACT: John C. W ood, Senior Attorney, or Claudia J. Yarus, Staff Attorney, D ivision of Consumer and Community Affairs, Board of Governors of the Federal Reserve System , W ashington, D.C. 20551 (202-452-3667). S U P P LEM EN TA R Y INFORM ATION: (1) The Board is publishing the Final version of its HM DA-1 form. A proposed version of this form w as published in the Federal Register on February 10, 1981 (46 FR 11780), as part of the Board s proposal to revise Regulation C (12 CFR Part 203) im plementing the Home [Enc. Cir. No. 9234] Mortgage D isclosure Act (12 U .S .C . 2801-2811). The Board published a final, revised version of Regulation C that becam e effective on August 11, 1981 (46 FR 40679). Publication of the final version of the HM DA-1 form w as deferred, how ever, becau se o f the forms review by the O ffice of M anagement and Budget required under the Paperwork Reduction Act (Pub. L. 96511). OMB has now review ed and approved the form. The HMDA-1 form is the prescribed standard format that all depository insitutions subject to Regulation C must use for disclosing and reporting mortgage and home improvement loan data, beginning with data on loans made or purchased in calendar year 1981. Depository institutions may photocopy the HMDA-1 form that will be provided through federal financial supervisory agencies, or may print their own report forms so long as they use the prescribed format. If they use computer-generated reports, they may adapt the form for computer print-out as necessary, so long as the fo rm a t conform s to the HMDA-1 form. Copies of the form will be made available to all state member banks of the Federal Reserve System through the Federal Reserve Banks. The foim will be m ade availab le to all other depository institutions through the nearest regional office of their federal supervisory agency— the Federal Home Loan Bank Eoard. the Comptroller of the Currency, the Federal D eposit Insurance Corporation, or the N ational Credit Union Administration. It is contem plated that the Federal R eserve Board w ill distribute copies of H M D A -1 to the other agencies d u rin g the first tw o w eek s in January 1982, for further distribution by each agency to the depository institutions subject to its jurisdiction. D epository institutions should contact their ow n supervisory agency, not the Federal R eserve, for information about distribution. The HMDA-1 form is identical in substance to the proposed version that was pubiished in February 1981; the instructions have been expanded to assist users. This revised form is also sim ilar to the original form in Regulation C, the difference being that the “Total Residential Mortgage Loans" column in the original form has been deleted. The addition of the HMDA-1 form to Regulation C d oes not im pose any new requirements: it merely provides the v eh icle for fulfilling requirements already set forth in the regulation. Accordingly, the form becom es effective im m ediately, and is not subject to a d elayed effective date under 5 U.S.C. 553(d). (2) Pursuant to the authority granted in 12 U.S.C. 2803(e) and 2804(a). the Board hereby am ends Regulation C (12 CFR Part 203) by adding Appendix C, to read as follows: PRIN TED IN NEW Y O R K . FROM F E D E R A L R E G IS T E R . V O L. 47. NO. 4 PART 203—HOME MORTGAGE DISCLOSURES A ppendix C MORTGAGE LOAN DISCLOSURE STATEMENT WHO MUST FILE. 1. This form must be filed by depository Institutions that a. have assets of more than $10 million, b. make first lien loans on l-to-4 family residential real property, and c are located In standard metropolitan statistical areas (SMSAs). 2. Institutions that have been exempted by the Federal Reserve Board because they are covered by a similar state mortgage loan disclosure law will Instead complete and file the disclosure form required by their state law. WHEN AND WHERE TO FILL 1. The Institution must send two copies of the disclosure statement to the regional office of Its federal enforcement agency no later than March 31 following the calendar year for which the loan data were compiled. 2. The Institution also must make Its disclosure statement available no later than March 31 for examination by the public. INSTRUCTIONS FOR COMPLETION OF FORM the Institution acting In a fiduciary capacity (by the In stitution's trust department, for example); loans on unim proved land; and refinancings of loans originated by the Institution that Involve no Increase In the outstanding principal (provided the parties to the loan remain the same). TYPE-OF-LOAN ITEMIZATION (Itemization of each geographic grouping Into loan categories). 1. FHA, FmHA, and VA loana on 1 to-4 family dwellings Thlk category Includes loans that are seoured by liens (both first and (unlor liens) and that are made for the purpose of purchasing residential real property and that have FHA, FmHA, and VA Insurance or guarantee It Includes refinan cings (but see item 2 under DATA TO BF. EXCLUDED). It may Incluoa, at an Institution's option, first lien loans for home Improvement purposes If the Institution normally classifie s first Hen loans as purchase loans It does not include FHA Title I loans, which are to be entered In column C. G E O G R A P H IC ITEMIZATION (Grouping of loan data by SM SA, census tract or county, and outsIde-SMSA). 1. Loan data era to be Itemized separately for each SMSA In which the Institution has a home or branch office. A separata page must be used for each SMSA. (See Item 4 below for treatment of loans on property outside such SM SAs.) The Institution must use the SMSA boundaries as defined by the U S. Department of Commerce on January 1 of the calendar year for which the loan data are complied. 2. Loan data on property within an SMSA shall be further Itemized by the census tract In which the property Is located, except that the loan data shall be Itemized by county Instead of census tract when the property to which the loan relates la located 2 Column 6 Other home purchase loam ("conventional" loans) on l-to-4 family dwellings. This category Includes loans secured by liens (both first and |unlor liens) and made for the purpose of purchasing residential real properly, other than FHA, FmHA. and VA loans It Includes refinancings (but see Item 2 under DATA TO BE EXCLUDED). It may In clude, at an Institution's option, first lien loans for home Improvemer t purposes If the Institution normally classifies fl st lien loans as purchase loans. a. In an area that Is not divided Into census tracts on the Cen su s Bureau's census tract outline maps; or b. In a county with a population of 30,000 or less. (Note: To determine population, uee the C en su s Bureau's PC80-1-A population aeries. If that series Is not yet available for a particular county, use the PHC6C-V series.) 3. 3. To determine census tract numbers and SMSA bound aries, the Institution should consult the C en su s Bureau's ce n su s tract outline maps. (The Institution should use the Census Bureau's PHC60-2 series for the 1960 census If It Is available for the par ticular SMSA. Until the series Ib available, the Institution may use the C en su s Bureau's PHC(1) series maps for 1970, or It may use 1960 data from the Cen su s Bureau (such a s the GBF/DIME flies) or from a private publisher. 2. Data for each ca.agory on the statement must show both ' the numbe' of loans and the total dollar amount of loans. 3. Data for loans originated by the Institution are to be shown In Part A and data for loans purchased in Part B. 4. Dollar amounts are to oe rounded to the nearest thousand ($500 will be rounded up), and shown In terms of thousands. DATA TO BE EXCLUDED. 1. Do not report loans that, although secured by real estate, are made for purpoaaa other then the purchase of residen tial real estate or home Improvement (for example, a loan secured by residential real property for purposes of finan cing education, a vacation, or business operations). 2. Also exclude from disclosure: construction loans and other temporary financing: loans made or purchased by The Institution should Indicate on the statement whether It has used 1970 or 1960 census tracts. An Institution us ing 1970 cen su s tracts for a given 6MSA must use them for the entire calendar year, even If the PHC60-2 maps for that SMSA become available during the year.) 4. If the property to which the loan relates Is located outalde SMSAs In which the reporting Institution has a home or branch office, or outside any SMSA, the loan data should be listed as an aggregate sum In Section 2 of the form; no geographic Itemization Is necessary. 5. Institutions that have a home or branch office In the New York Clty/New Jersey SMSA should note that there are duplicate ce n su s tract numbers In Now York City. There may also bo duplicate numbers In other SM SAs. When reporting loan data relating to property In these SM SAs, the Institutions must Indicate the county name In addition to the tract number. Column C: Home Improvement loans on 1 to-4 family dwellings This category Is limited to any loan, Including a refinancing, that Is to be used for repairing, rehabilitating, or remodel ing a residential dwelling end that Is recorded on the In stitution's books as a home Improvement loan. It Includes both secured and unsecured loans DATA TO BE SHOWN. 1. The Institution must show the data on residential mort gage and home Improvement loans that were originated and purchased during the calendar year covered by the statement. Column A: 4. Column D: Loana on multi-family dwellings (5 or more families). This category Includes home purchase and home Improvement loan s—that Is, It covers the same types of loans as are covered In columns A, B, and C. The difference Is that those colum ns relate to loans on 1-to-4 family dwellings, whereas column D relates to loans on dwellings for 5 or more families. 5 Column E: Non occupant loana on 1 to-4 family dwoHIngs. 1hl3 Is ar. addendum category for repor*lng those home purchase and home Improvement loans on 1to-4 family dwellings (recorded In columns A, B, and C) that were made to a borrower who did not, at the time of the loan application. Intend to use the property as a principal dwelling A depository Institution may assume, unless Its records con tain Information to the contrary, that a loan It purchases does not fall within this category. r«0 HMD*1 MORTGAGE LOAN DISCLO SURE STATEM ENT OMB No MOOOGOG Append S c p Ia m M i 1904 Report for loena made In 10____ Thla report la required by law (12 u S C 2801-2811 and 12 CFR 203). Depoaltory Inatltutlon Enlorcamenl Agency lor thla Inalltutlon ______ ______________________________________________._______ ___________________________________________________________________ Cenaua tract aeriee u a e d :_________ 1070 a^rlea _____ 1080 aerloa N*m« Name __________ ____________________________________________-_- __. ADOKM ______________________________________________________________ SMSA (location of properly)_____________________________________ *OOHI PART A—ORIGINATIONS SECTION 1-LO A N S ON PROPERTY LOCATED WITHIN THOSE SMSAe IN WHICH INSTITUTION HAS HOME OR BRANCH OFFICES Loene on 1 • to • 4 lamlly dwelllnge CENSUS TRACT (In numerical aequence) where properly located or COUNTY (name) where properly located Home Purchaae Loena FHA, FmHA, and VA Other fConvent lonel") A No ot Loena Home Improvement Loena No ot Loena Principal Amount (Thouaanda) No. ot Loena Principal Amount (Thouaanda) SMSA TOTAL SECTION 2 -LO A N S ON ALL PROPERTY LOCATEO ELSEWHERE BILLING COOE 6210-01-C Addendum Item: Non-occupant Loena on 1 - to - 4 lamlly dwelllnga D C B Principal Amount (Thouaanda) Loena on Multi family Dwelllnga lor S or more tarnlllea (home purchaaca and home Improvement) No ot Loena Principal Amount (Thouaanda) E No. of Loena Principal Amount (Thouaanda) PART B—PURCHASES SECTION 1-DATA FOR PROPERTY LOCATED WITHIN THOSE SMSAs IN WHICH INSTITUTION HAS HOME OR BRANCH OFFICES Loana on 1 • to ■4 family dwellings CENSUS TRACT (In numerical sequence) where property located or COUNTY (ntmo) where property located Home Purchase Loans FHA, FmHA, and VA Other ("Conventional") A No of Loana Home Improvement Loana B Principal Amount (Thousands) No. of Loana Principal Amount (Thousands) Principal Amount (Thousands) SECTION 2-LO A N S ON ALL PROPERTY LOCATED ELSEWHERE |FR L)o<: 82-370 Filed 1-&-82: 8.45 am | BILLING CODE 6210-01-M Addendum Item: Non-occupant Loana on 1 • to • 4 family dwellings D C No. of Loans SMSA TOTAL By order of the Board of Governors, December 30, 1981. William W. Wiles, Secretary of the Board. Loans on Multi-family Dwellings for S or more families (home purchases and home Improvement) No. of Loans Principal Amount (Thousands) E No. of Loana Principal Amount (Thousands) MORTGAGE LOAN DISCLOSURE STATEMENT OMQN* A p o°0 **l M ytrM 1 Report lor loans made In 19 This report It required by lew (12 U.S.C. 2901-2811 end 12 CFR 203). Depository Institution Enforcement Agency for this Institution Hm W>m> AWi ll ~ Census tract series used; ____ 1970 series _____ 1900 series SMSA (location of property)______________________________ Addr*M PART A-ORIGINATIONS SECTION 1—LOANS ON PROPERTY LOCATED WITHIN THOSE SMSAs IN WHICH INSTITUTION HAS HOME OR BRANCH OFFICES Loans on 1 - to • 4 family dwellings CENSUS TRACT (In numerical sequence) where properly located Home Purchase Loans FHA, FmHA, and VA or Home Improvement Loans Other {"Conventional") B A COUNTY (name) where properly located No. of Loans Principal Amount (Thousands) No. of Loans Principal Amount (Thousands) Loans on Multi-family Dwellings for 5 or more families (home purchases and home Improvement) D C No. of Loans Principal Amount (Thousands) Addendum Item: Non-occupant Loans on 1 • to - 4 family dweWIngs No. of Loans Principal Amount (Thousands) E No. of Loans Principal Amount (Thousands) SMSA TOTAL SECTION 2—LOANS ON ALL PROPERTY LOCATED ELSEWHERE SECTION 1 -D A T A FOR PROPERTY LOCATED WITHIN THOSE SMSAs IN WHICH INSTITUTION HAS HOME OR BRANCH OFFICES Loans on 1 - to - 4 family dwellings CENSUS TRACT (In numerical sequence) where property located or COUNTY (name) where property located Home Purchase Loans Home Improvement Loans FHA, FmHA. and VA Other ("Conventional") A No. of Loans B Principal Amount (Thousands) No. ol Loans Principal Amount (Thousands) C No. of Loans Principal Amount (Thousands) |>MSA TOTAL Loans on Multi-family Dwellings for 5 or more families (home purchases and home Improvement) SECTION 2 -L O A N S ON ALL PROPERTY LOCATED ELSEWHERE Addendum Item: Non-occupant Loans on 1 * to - 4 family dwellings D No. of Loans Principal Amount (Thousands) E No . of Loans Principal Amount (Thousands) l a t MORTGAGE LOAN DISCLOSURE STATEMENT • . have assets of more than $10 million, 2. Also exclude from disclosure: construction loans and other temporary financing; loans made or purchased by the Institution acting in a fiduciary capacity (by the In stitution's trust department, for example); loans on unim proved land; and refinancings of loans originated by the Institution that Involve no Increase In the outstanding principal (provided the parties to the loan remain the same). b. make first lien loans on 1-to-4 family residential real property, and G EO G R A P H IC ITEMIZATION (Grouping of loan data by SM SA, census tract or county, and outside SMSA). c. are located In standard metropolitan statistical areas (SMSAs). 1. Loan data are to be Itemized separately for each SMSA In which tho Institution has a home or branch office. A separato page must be used for each SMSA. (Soe Horn 4 below lo t treatm enf of loans on property outside such SMSAs.) The institution must use the SMSA boundaries as defined by the U.S. Department of Commerce on January 1 of the calendar year for which Ihe loan data are com piled W H O MUST FILE. 1. This form must be filed by depository institutions that 2. Institutions that have been exempted by the Federal Reserve Board because they are covered by a similar state mortgage loan disclosure law will Instead complete and file the disclosure form required by their state law. W H E N AND WHERE TO FILE. 1. The Institution must send two copies of the disclosure statem ent to the regional office of Its federal enforcement agency no later than March 31 following the calendar year for which the loan data were compiled. 2. The Institution also must make Its disclosure statement available no later than March 31 for examination by the public. » INSTRUCTIONS FOR COMPLETION OF FORM DATA TO BE SHOW N. 1. The Institution must show the data on residential mort gage and home improvement loans that were originated and purchased during the calendar year covered by the statem ent. 2. Data for each category on the statement must show both the number of loans and the total dollar amount of loans. 3. Data for loans originated by the Institution are to be shown In Part A and data for loans purchased In Pari B4 4. Dollar amounts are to be rounded to the nearest Ihousand ($500 will be rounded up), and shown In terms of thousands. DATA TO BE EXCLUDED. 1. Do not report loans that, although secured by real estate, are mado lo r p u rp o s e s o th e r th a n Iho purchase of residen tial real estate or home Improvement (for example, a loan secured by resldenlla! real properly for purposes of finan cing education, a vacation, or business operations). TYPE OF-LOAN ITEMIZATION (Itemization of each geographic grouping Into loan categories). 1. Column A: FHA, FmHA, and VA loans on 1-to-4 fam ily dwellings. Thts category includes loans that are secured by liens (both first and junior liens) and that are made for the purpose of purchasing residential real property and that have FHA, FmHA, and VA Insurance or guarantee. It Includes refinan cings (but see Item 2 under DATA TO BE EXCLUDED). It may Include, at an Institution’s option, first Hen loans for home Improvement purposes If the Institution normally classifies first lien loans as purchase loans. It does not Include FHA Title I loans, which are to be entered In column C. 2. Column B; Other home purchase loans C'conventloner loans) on 1-to-4 family dwellings. This category Includes loans 2. Loan data on property within an SMSA shall be further Item ized by the census fract In which the properly Is located, except that the loan data shall be Itemized by county Instead of census tract when the property to which the loan relates Is located a. In an area that Is not divided Into census tracts on the Census Bureau’s census tract outline maps; o r b. In a county with a population of 30,000 or less. (Note; To determ ine population, use the Census Bureau's PC80-1-A population series. If that series Is not yet available for a particular county, use the PHC80-V series.) 3. To determ ine census tract numbers and SMSA bound aries, the Institution should consult the Census Bureau's census tract outline maps. (The Institution should use the Census Bureau's PHC80-2 series for the 1980 census If It Is available for the par ticular SMSA. Until the series Is available, the institution m ay use the Census Bureau's PHC(1) series maps for 1970, or It may use 1980 data from the Census Bureau (such as the GBFfDIME files) or from a private publisher. The institution should Indicate on the statement whether It has used 1970 or 1980 census tracts. An Institution us ing 1970 census tracts for a given SMSA must use them for the entire calendar year, even If the PHC80 2 maps for that SMSA become available during the year.) secured by liens (both first and Junior liens) and made for Ihe purpose of purchasing residential real property, other than FHA, FmHA, and VA loans. It includes refinancings (but see Item 2 under DATA TO BE EXCLUDED). It may In clude, at an Institution's option, first lien loans for home Improvement purposes If the Institution normally classifies first lien loans as purchase loans. 3. Column C: Home Improvement loans on 1-to-4 fam ily dwellings. This celegory Is limited to any loan, including a refinancing, that Is to be used for repairing, rehabilitating, or remodel ing a residential dwelling and that Is recorded on the In stitution’s books as a home improvement loan. It includes both secured and unsecured loans. 4. Column D; Loans on multi family dwellings (5 or more families). This category includes home purchase and home Improvement loans— that Is, it covers the same types of loans as are covered in columns A, B, and C. The difference Is that those columns relate to loans on 1-to-4 family dwellings, whereas column D relates to loans on dwellings for 5 or more families. 5. Column E: 4. If the properly to which Ihe loan relates Is located outside SMSAs In which the reporting Institution has a home or branch offico, or outside any SMSA, the loan data should be listed as an aggregate sum In Section 2 of the form; no geographic Itemization Is necessary. 5. Institutions that have a home or branch office In the New York City/New Jersey SMSA should note that there are duplicate census tract numbers In New York City. There may also be duplicate numbers In other SMSAs. When reporting loan data relating lo property In these SMSAs, the Institutions must Indicate the county name In addition to the tract mimber. Non occupant loans on 1-to-4 family dwellings. This Is an addendum calegory for reporting those home purchase and home improvement loans on 1-to-4 family dwellings (recorded in columns A, B, and C) that were made to a borrower who did not, at the time of the loan application, Intend to use the property as a principal dwelling A