HMDA, hmmm? Reporting data points as “not applicable”

Like many of you, I have been busy, busy, busy attending NAFCU’s Virtual Regulatory Compliance School. The virtual experience was new for me (and I bet most of you), but the conference was a great success. I learned so many new things, but studying to be an NCCO is no easy task. However, after many long evenings of studying, I get to update my signature line to: Janice Ringler, NCCO!

Congratulations and welcome to all the new NCCOs!

On July 28, 2020, CFPB released its fourth update to its HMDA FAQs, updating question #7 in the Ethnicity, Race, and Sex section, and questions #1 and #2 in the Multiple Data Points section. The FAQ’s attempt to clarify when combined loan-to-value (CLTV), debt-to-income ratio (DTI), income, and property value needs to be reported on the LAR.  The FAQs state that all of these fields must be reported “if they were a factor relied on in making a credit decision—even if the data was not the dispositive factor.” The FAQs set a “relied on” standard to determine when the credit union must report the data for income, credit score, DTI, CLTV, and property value. However, Regulation C allows credit unions to report these data points, along with credit score and credit score model, as “not applicable.” A frequent question we get from credit unions is:

If these data points must be reported if they are “relied on in making a credit decision”, in what instances would these fields be reported as “not applicable?” I have explored some possible scenarios below.


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