[Code of Federal Regulations]
[Title 12, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR203.4]

[Page 78-79]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 203--HOME MORTGAGE DISCLOSURE (REGULATION C)--Table of Contents
 
Sec. 203.4  Compilation of loan data.

    (a) Data format and itemization. A financial institution shall 
collect data regarding applications for, and originations and purchases 
of, home purchase and home improvement loans (including refinancings of 
both) for each calendar year. These transactions shall be recorded, 
within thirty calendar days after the end of each 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 and shall include the following 
items:
    (1) A number for the loan or loan application, and the date the 
application was received.
    (2) The type and purpose of the loan.
    (3) The owner-occupancy status of the property to which the loan 
relates.
    (4) The amount of the loan or application.
    (5) The type of action taken, and the date.
    (6) The location of the property to which the loan relates, by MSA, 
state, county, and census tract, if the institution has a home or a 
branch office in that MSA.
    (7) The race or national origin and sex of the applicant or 
borrower, and the gross annual income relied upon in processing the 
application.
    (8) The type of entity purchasing a loan that the institution 
originates or purchases and then sells within the same calendar year.
    (b) Collection of data on race or national origin, sex, and income. 
(1) A financial institution shall collect data about the race or 
national origin and sex of the applicant or borrower as prescribed in 
appendix B. If the applicant or borrower chooses not to provide the 
information, the lender shall note the data on the basis of visual 
observation or surname, to the extent possible.
    (2) Race or national origin, sex, and income data may but need not 
be collected for:
    (i) Loans purchased by the financial institution; or
    (ii) Applications received or loans originated by a bank, savings 
association, or credit union with assets on the preceding December 31 of 
$30 million or less.
    (c) Optional data. A financial institution may report the reasons it 
denied a loan application.
    (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); or
    (5) The purchase solely of the right to service loans.
    (e) Data reporting under CRA for banks and savings associations with 
total assets of $250 million or more and banks and savings associations 
that are subsidiaries of a holding company whose total banking and 
thrift assets are $1 billion or more. As required by agency regulations 
that implement the Community Reinvestment Act, banks and savings 
associations that had total assets of $250 million or more (or are 
subsidiaries of a holding company with total banking and thrift assets 
of $1 billion or more) as of December 31 for each of the immediately 
preceding two years, shall also collect the location of property located 
outside the MSAs in which the institution has a home or branch office, 
or outside any MSAs.

[54 FR 51362, Dec. 15, 1989; 55 FR 695, Jan. 8, 1990, as amended at 56 
FR 59857, Nov. 26, 1991; 56 FR 66343, Dec. 23, 1991; Reg. C, 59 FR 
63704, Dec. 9, 1994; 60 FR 22225, May 4, 1995]

    Effective Date Note: At 67 FR 43223, June 27, 2002, Sec. 203.4 was 
amended by revising paragraph (a)(12) and adding new paragraph (a)(14), 
effective Jan. 1, 2004. For the convenience of the user, the revised and 
added text is set forth as follows:

Sec. 203.4  Compilation of loan data.

    (a) Data format and itemization. * * *
    (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

[[Page 79]]

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.

                                * * * * *

    (14) The lien status of the loan or application (first lien, 
subordinate lien, or not secured by a lien on a dwelling).

                                * * * * *