HMDA Frequently Asked Questions

With the expanded HMDA data, fair lending analysis has become more automated, raising the risk of penalties and corrective actions. 

With the expansion to commercial/consumer systems, there will now be a formalized process to collect this information. We expect these trends to continue, and lenders need to be prepared.

The new rules make it very easy for the CFPB and other regulators to apply massive fair lending analysis to all of the submitted HMDA data and release information about the top egregious violators. Therefore, we recommend you investigate and consider our fair lending solutions.

The Q617 edit has been generating a lot questions as there is still quite a bit of industry confusion surrounding the logic behind it. Most frequently it is seen in FHA loans. Based on feedback from the CFPB and various LOS partners, here is what we know:

• FHA standards are established for qualification purposes – CLTV is calculated using the “base loan amount” for LTV/CLTV limits.
• HMDA requires the CLTV to be calculated using the “total amount securing the debt”.
• The Q617 Quality Edit is intended to identify a potential error. If the error is systemic in nature, the reporting entity must make the appropriate correction prior to submission.
• If your LOS allows you to establish business rules for populating specific data fields on your HMDA screens, we encourage you to consider creating such rules to manage CLTV.

In the past, there has been some ambiguity regarding how the CFPB intends to calculate the Q617 ‘comparison LTV’, specifically around decimal accuracy. The CFPB has recently confirmed that they will calculate the LTV to the same number of decimal places as the CLTV reported in the LAR file. For example, if the CLTV for a given loan is reported as 95, the CFPB will calculate the LTV as a whole number. Alternatively, if the CLTV is reported as 95.123, the CFPB will calculate the LTV to three decimal places. This logic will be incorporated into the Q617 calculation and included in our next quarterly release.

We continue to monitor this topic closely and expect to continue making minor adjustments to the logic around Q617 throughout the year as we learn more from the CFPB.

Yes, we offer the ability to verify the check digit on every ULI.

Yes, after setting your “Preferences” for “Partial Exempt Reporting”, Compliance RELIEF will replace the ULI with a NULI. The NULI will use the Application/Loan Number and an optional year prefix.

No. If your company does not already have an LEI you will need to obtain one as soon as possible from the GMEI Utility. The website is endorsed by the Global LEI Foundation and also has a search function. There are some frequently asked questions on their website and here are a few highlights derived from those FAQs:

• Who can register the company: You must currently be an employee of the company you are registering, and be authorized by the company to register for an LEI. Alternatively, financial institutions may use a third party through an assisted registration process. The person registering the firm will need a user account, which can be created here.
• What information is needed to register: The basic information listed in the ISO 17422 such as the company’s legal name, registered address, headquarters address, legal form, etc.
• How much does the registration cost: GMEI Utility charges $200 for a registration request, with a $19 surcharge. To maintain the LEI moving forward, the fee is $100 with a $19 surcharge.
• How long does this process take: Once payment is processed, the GMEI will validate the company using public sources. Once this process is complete, it takes about three business days for an LEI to be issued in the GMEI database. Overall, GMEI Utility’s FAQs say most requests are “cleared” within three to five business days.

Yes. Check Digit calculations are universal. In addition, HMDA RELIEF contains a Group Edit to perform batch calculations whenever ULIs are not present.

Beginning in 2018, the CFPB has advised the following:

“Given the new format with 110 fields and the new tools available, the printed LAR form is no longer in use.”

We know that many of our customers miss the old LAR form. Unfortunately, that format is no longer feasible (or printable) with 110 HMDA fields. To accommodate our customers, HMDA RELIEF now allows the export of your HMDA data to an Excel spreadsheet from the Reports=>LAR tab. The spreadsheet contains all of the HMDA reportable fields as they pertain to the Filing Instructions Guide Table 2. To simplify the form, we have combined the GMI fields. Please note that this report is not to be used for submission or re-importing into the software.

The CFPB procedural rule to implement and clarify changes made to HMDA by the Regulatory Relief Bill S.2155 has been fully implemented into HMDA RELIEF. 

The rules are as follows:

• If you are NOT a bank or credit union with under 500 HMDA originations, nothing with HMDA is going to change.  S.2155 was designed to provide a reduced HMDA reporting burden only to low volume banks and credit unions. If you are a non-depository of any size, this bill will not provide any promised relief.  
• All HMDA filers must still collect and submit HMDA data.   S.2155 has provisions where smaller banks and credit unions will not need to submit “expanded” data under HMDA in the future. All data points you have submitted since Year 2004 are still required. Though the new data elements may not need to be submitted any longer, you may still be held accountable for them. Additional questions and concerns regarding the expanded government monitoring information, still very much remain.  

The recent CFPB Executive Summary provides some much-needed guidance and clarification:

• The LAR format will not be changed.
• Institutions subject to the “partial exemption” of data will enter an exemption code.
• The CFPB released its updated Filing Instructions Guide (FIG), which defines the exempt fields and applicable codes.
• All HMDA reporters will use the same CFPB HMDA platform which QuestSoft integrates with.

So, what does this mean?

Institutions that are exempt have the option to designate themselves as such within the HMDA tab of the Preferences menu of Compliance RELIEF.

Here you can mark your institution as exempt. Additionally, you will have several data points available to mark that your institution chooses to report, regardless of your exemption status (sort by LAR order, or Alphabetically).

After the Exempt Institution option is checked, when viewing a loan record you will now have the following new options at the top right of the screen:

The system will default to “Data View” which allows you to see all data fields imported.

However, if you click the “Exempt View” radio button, you will see all exempt fields change as shown below:

You will also be able to view your exempt preferences by clicking the “View Exempt Pref.” button shown here:

In this view-only window, you can review your exempt preferences:

We have also created an internal field reconciliation and identified the value of all exempt fields.

Y

In the following situation, here is what we advise:

• Purpose = purchase a mobile home (non-owner occupied)
• Collateral = subordinate lien personal residence (owner occupied)
• Business or commercial purpose = primarily for a business or commercial purpose

You should understand that the property securing the loan would be reported for property location and property address. Should other fields be reported based on the property being purchased or the property securing the loan – see chart below:

The HMDA Guide and HMDA Charts reference either the “the property securing the covered loan” or the “Identified Property” for each data point. We know this causes some confusion. The answer is that they are both the same!

“For purposes of this guide, the property for which the Financial Institution has provided the address and location for these data points is called the Identified Property. “

So, the following data points/fields are reported based on the “Property Securing the Covered Loan” or the “Identified Property”:

• Loan Purpose
• Construction Method
• Occupancy Type
• Property Address – Street Address, City, State, Zip Code
• Property Location – County, Census Tract
• Lien Status
• Property Value
• Manufactured Home Information – Secured Property Type, Land Property Interest
• Total Units
• Multi-Family Affordable Units
• Combined Loan-to-Value