CFPB Increases HMDA Asset Size Exemption Threshold

Posted on January 4th, 2013 in Federal Issues, Mortgages By BuckleySandler

On December 31, the CFPB published a final rule to amend the official commentary that interprets the requirements of Regulation C, which implements the Home Mortgage Disclosure Act (HMDA), to increase the asset-size exemption threshold for financial institutions. HMDA and Regulation C require most mortgage lenders located in metropolitan areas to collect and report data about applications for, and originations and purchases of, home loans and refinancings, which the CFPB uses to identify possible discriminatory lending patterns and to assess whether financial institutions are serving the housing needs of their communities. Effective immediately, banks, savings associations, and credit unions with assets of $42 million or less as of December 31, 2012, are exempt from collecting data in 2013. Regulation C requires the CFPB to adjust the asset threshold based on the year-to-year change in the average of the CPI–W, not seasonally adjusted, for each 12-month period ending in November, rounded to the nearest million. During the 12-month period ending in November 2012, the CPI–W increased by 2.23 percent, resulting in an increase in the threshold from $41 million to $42 million.