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(a) Data format and
itemization. A financial institution shall collect data
regarding applications for, and originations and purchases of, home
purchase loans, home improvement loans, and refinancings for each
calendar year. An institution is required to collect data regarding
requests under a preapproval program (as defined in Sec. 203.2(b))
only if the preapproval request is denied or results in the
origination of a home purchase loan. All reportable transactions shall
be recorded, within thirty calendar days after the end of the calendar
quarter in which final action is taken (such as origination or
purchase of a loan, or denial or withdrawal of an application), on a
register in the format prescribed in Appendix A of this part. The data
recorded shall include the following items:
(1) An identifying number for the loan or loan application, and
the date the application was received.
(2) The type of loan or application.
(3) The purpose of the loan or application.
(4) Whether the application is a request for preapproval and
whether it resulted in a denial or in an origination.
(5) The property type to which the loan or application relates.
(6) The owner-occupancy status of the property to which the loan
or application relates.
(7) The amount of the loan or the amount applied for.
(8) The type of action taken, and the date.
(9) The location of the property to which the loan or application
relates, by metropolitan area, state, county, and census tract, if the
institution has a home or branch office in that metropolitan area.
(10) The ethnicity, race, and sex of the applicant or borrower,
and the gross annual income relied on in processing the application.
(11) The type of entity purchasing a loan that the institution
originates or purchases and then sells within the same calendar year
(this information need not be included in quarterly updates).
(12) For originated loans subject to Regulation Z, 12 CFR part
226, the difference between the loan's annual percentage rate (APR)
and the yield on Treasury securities having comparable periods of
maturity, if that difference is equal to or greater than 3 percentage
points for loans secured by a first lien on a dwelling, or equal to or
greater than 5 percentage points for loans secured by a subordinate
lien on a dwelling. The lender shall use the yield on Treasury
securities as of the 15th day of the preceding month if the rate is
set between the 1st and the 14th day of the month and as of the 15th
day of the current month if the rate is set on or after the 15th day,
as prescribed in appendix A to this part.
(13) Whether the loan is subject to the Home Ownership and Equity
Protection Act of 1994.
(14) The lien status of the loan or application (first lien,
subordinate lien, or not secured by a lien on a dwelling).
(b) Collection of data on ethnicity, race, sex, and income.
(1) A financial institution shall collect data about the
ethnicity, race, and sex of the applicant or borrower as prescribed in
Appendix B of this part.
(2) Ethnicity, race, sex, and income data may but need not be
collected for loans purchased by the financial institution.
(c) Optional data. A financial institution may
report:
(1) The reasons it denied a loan application;
(2) Requests for preapproval that are approved by the institution
but not accepted by the applicant; and
(3) Home-equity lines of credit made in whole or in part for the
purpose of home improvement or home purchase.
(d) Excluded data. A financial institution shall not
report:
(1) Loans originated or purchased by the financial institution
acting in a fiduciary capacity (such as trustee);
(2) Loans on unimproved land;
(3) Temporary financing (such as bridge or construction loans);
(4) The purchase of an interest in a pool of loans (such as
mortgage-participation certificates, mortgage-backed securities, or
real estate mortgage investment conduits);
(5) The purchase solely of the right to service loans; or
(6) Loans acquired as part of a merger or acquisition, or as part
of the acquisition of all of the assets and liabilities of a branch
office as defined in Sec. 203.2(c)(1).
(e) Data reporting for banks and savings associations that are
required to report data on small business, small farm, and community
development lending under CRA. Banks and savings associations that are
required to report data on small business, small farm, and community
development lending under regulations that implement the Community
Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) shall also collect
the location of property located outside metropolitan areas in which
the institution has a home or branch office, or outside any
metropolitan areas.
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