Home Mortgage Disclosure Act (HMDA)/Reg C

As a depository institution if we originate less than 100 open-end lines of credit, do we only report closed-end loans? And is this a cumulative total for 2 years?

The quick answer is yes, but is based on either of the two preceding calendar years. In 2018 when open-end lines of credit are reportable (as opposed to presently where they are optional reporting), then you only report them if you originate 100 loan or more in either of the two preceding calendar years, but would continue to report any originated closed-end loans (assuming you originate 25 or more in either of the two preceding calendar years).

The same is true for closed-end loans. If you originate less than 25 closed-end loans in either of the preceding two calendar years, they are not reported (excluded). Both thresholds apply to loans originated and does not include applications where the final disposition involves adverse action (declined, withdrawn, closed for incompleteness, etc.).

This is in keeping with the determination of whether or not your organization is required to file a Loan Application Register ("reporting") based on whether or not you meet the criteria defined as a "financial institution" for purposes of the Regulation C. For purposes of this determination, the criterion is based on originating either: 25 or more closed-end loans; or, 100 or more open-end lines of credit in either of the preceding two calendar years.

Example: if in 2017 you originate 50 closed-end loans and in 2018 you originate 22 closed-end loans, then you have not met the criteria as a financial institution for reporting purposes in 2019 regarding the closed-end loan criteria (25 or more closed-end loans in either of the preceding two calendar years). The same is true for open-end lines of credit, if your organization originated 160 open-end lines of credit in 2017, but only originated 95 open-end lines of credit in 2018, you do not meet the criteria of a "financial institution" (100 or more open-end lines of credit loans in either of the preceding two calendar years). This is also assuming none of these loans meet the transactional exclusion criteria.

Aside from the other requirements under the definition regarding assets, main or branch offices located in an MSA, etc.; remember also that the threshold for closed-end loans (25 or more in either of the two preceding calendar years) is added for you 2017 since you are a depository institution. In 2018, the threshold for open-end lines of credit (100 or more in either of the preceding two calendar years) is added for depository institutions. This is means either threshold. You do not have to meet both to be considered a financial institution, only one or the other. Both thresholds are added for non-depository institutions in 2018 (in addition to having a branch or main office located in an MSA or MD).

***NOTE - The most recent final rule amends the 100 open-end lines of credit to temporarily increase this figure to 500 open-end lines of credit, so insert 500 rather than 100 for the years of 2018 & 2019)***

Citation(s):§1003.3(c)(11) & (12); Commentary ¶3(c)(11)-1; Commentary ¶3(c)(12)-1; §1003.2(1) & (2); Commentary ¶2; §1003.4(d); Commentary ¶4(d)