Question: We approved an applicant, but before closing it was determined that legal access to the property was not obtained (all owners of surrounding properties did not sign easements). For HMDA, would this be a denial or approved not accepted?
Answer: If you ultimately denied the application because of the access issues, you would owe the applicant an adverse action notice for Regulation B purposes. However, for HMDA this must be reported as “Approved but not Accepted”. HMDA wants to know how the applicant was treated while Regulation B wants to know how the application was treated. In this case, the applicant was approved but the application was denied.
Join us for the HMDA Action Taken Deep Dive Webinar on June 25, 2019. We will answer all the questions submitted during the live webinar, in writing.
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David’s banking career began as a field examiner for the FDIC in 1990. He later became a Compliance Officer and Loan Officer for a small bank. In 1993, he established Banker’s Compliance Consulting. Along with his amazingly talented Team, he has written numerous compliance articles for prestigious banking publications and has developed compliance seminars that Banker’s Compliance Consulting produces.
He is an expert in compliance regulations. He is also a motivational speaker and innovative educator. His quick wit and sense of humor transform the usually tiring topic of compliance into an enjoyable educational experience. David is on the faculty of the American Bankers Association National Compliance Schools and has served on the faculty of the Center for Financial Training for many years. He also is a frequent speaker at the ABA’s Regulatory Compliance Conference. He is also a trainer for hundreds of webinars, is a Certified Regulatory Compliance Manager (CRCM), and has been a BankersOnline Guru for many years. The American Bankers Association honored David with their Distinguished Service Award in 2016.
David and his wife Karen have 3 adult children and 2 grandsons (none of whom live at home!) and 3 cats (of which Dave is allergic … the cats, not the children!). They live on a lake in Nebraska and when possible he can be found fishing or making sawdust in his shop. David plays the guitar & piano and enjoys singing with Karen. They occasionally lead worship at their church.