(a) (1) Each depository institution
which has a home office or branch office located within a primary
metropolitan statistical area, metropolitan statistical area, or consolidated
metropolitan statistical area that is not comprised of designated
primary metropolitan statistical areas, as defined by the Department
of Commerce shall compile and make available, in accordance with regulations
of the Bureau, to the public for inspection and copying at the home
office, and at least one branch office within each primary metropolitan
statistical area, metropolitan statistical area, or consolidated metropolitan
statistical area that is not comprised of designated primary metropolitan
statistical areas in which the depository institution has an office
the number and total dollar amount of mortgage loans which were (A)
originated (or for which the institution received completed applications),
or (B) purchased by that institution during each fiscal year (beginning
with the last full fiscal year of that institution which immediately
preceded the effective date of this title.)
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(2) The information required to be maintained
and made available under paragraph (1) shall also be itemized in order
to clearly and conspicuously disclose the following:
(A) The
number and dollar amount for each item referred to in paragraph (1),
by census tracts for mortgage loans secured by property located within
any county with a population of more than 30,000, within that primary
metropolitan statistical area, metropolitan statistical area, or consolidated
metropolitan statistical area that is not comprised of designated
primary metropolitan statistical areas, otherwise, by county, for
mortgage loans secured by property located within any other county
within that primary metropolitan statistical area, metropolitan statistical
area, or consolidated metropolitan statistical area that is not comprised
of designated primary metropolitan statistical areas.
(B) The number and dollar
amount for each item referred to in paragraph (1) for all such mortgage
loans which are secured by property located outside that primary metropolitan
statistical area, metropolitan statistical area, or consolidated metropolitan
statistical area that is not comprised of designated primary metropolitan
statistical areas.
For the purpose of this paragraph, a depository institution
which maintains offices in more than one primary metropolitan statistical
area, metropolitan statistical area, or consolidated metropolitan
statistical area that is not comprised of designated primary metropolitan
statistical areas shall be required to make the information required
by this paragraph available at any such office only to the extent
that such information relates to mortgage loans which were originated
or purchased (or for which completed applications were received) by
an office of that depository institution located in the primary metropolitan
statistical area, metropolitan statistical area, or consolidated metropolitan
statistical area that is not comprised of designated primary metropolitan
statistical areas in which the office making such information available
is located. For purposes of this paragraph, other lending institutions
shall be deemed to have a home office or branch office within a primary
metropolitan statistical area, metropolitan statistical area, or consolidated
metropolitan statistical area that is not comprised of designated
primary metropolitan statistical areas if such institutions have originated
or purchased or received completed applications for at least 5 mortgage
loans in such area in the preceding calendar year.
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(b) Any item of information relating to mortgage loans required to
be maintained under subsection (a) shall be further itemized in order
to disclose for each such item—
(1) the number and dollar amount of mortgage loans
which are insured under title II of the National Housing Act or under
title V of the Housing Act of 1949 or which are guaranteed under chapter
37 of title 38, United States Code;
(2) the number and dollar amount of mortgage
loans made to mortgagors who did not, at the time of execution of
the mortgage, intend to reside in the property securing the mortgage
loan;
(3) the number
and dollar amount of home improvement loans;
(4) the number and dollar amount of mortgage
loans and completed applications involving mortgagors or mortgage
applicants grouped according to census tract, income level, racial
characteristics, age, and gender;
(5) the number and dollar amount of mortgage
loans grouped according to measurements of—
(A) the total points
and fees payable at origination in connection with the mortgage as
determined by the Bureau, taking into account 15 U.S.C. 1602(aa)(4);
(B) the difference
between the annual percentage rate associated with the loan and a
benchmark rate or rates for all loans;
(C) the term in months of any prepayment
penalty or other fee or charge payable on repayment of some portion
of principal or the entire principal in advance of scheduled payments;
and
(D) such other
information as the Bureau may require; and
(6) the number and dollar
amount of mortgage loans and completed applications grouped according
to measurements of—
(A) the value of the real property pledged
or proposed to be pledged as collateral;
(B) the actual or proposed term in months
of any introductory period after which the rate of interest may change;
(C) the presence of
contractual terms or proposed contractual terms that would allow the
mortgagor or applicant to make payments other than fully amortizing
payments during any portion of the loan term;
(D) the actual or proposed term in months
of the mortgage loan;
(E) the channel through which application was made, including retail,
broker, and other relevant categories;
(F) as the Bureau may determine to be
appropriate, a unique identifier that identifies the loan originator
as set forth in section 1503 of the S.A.F.E. Mortgage Licensing Act
of 2008;
(G) as
the Bureau may determine to be appropriate, a universal loan identifier;
(H) as the Bureau may
determine to be appropriate, the parcel number that corresponds to
the real property pledged or proposed to be pledged as collateral;
(I) the credit score
of mortgage applicants and mortgagors, in such form as the Bureau
may prescribe; and
(J) such other information as the Bureau may require.
(c) Any information required to be compiled
and made available under this section, other than loan application
register information under subsection (j), shall be maintained and
made available for a period of five years after the close of the first
year during which such information is required to be maintained and
made available.
6-5232.1
(d) Notwithstanding the provisions
of subsection (a)(1), data required to be disclosed under this section
for 1980 and thereafter shall be disclosed for each calendar year.
Any depository institution which is required to make disclosures under
this section but which has been making disclosures on some basis other
than a calendar year basis shall make available a separate disclosure
statement containing data for any period prior to calendar year 1980
which is not covered by the last full year report prior to the 1980
calendar year report.
(e) Subject to subsection
(h), the Bureau shall prescribe a standard format for the disclosures
required under this section.
(f) The Federal Financial
Institutions Examination Council in consultation with the Secretary,
shall implement a system to facilitate access to data required to
be disclosed under this section. Such system shall include arrangements
for a central depository of data in each primary metropolitan statistical
area, metropolitan statistical area, or consolidated metropolitan
statistical area that is not comprised of designated primary metropolitan
statistical areas. Disclosure statements shall be made available to
the public for inspection and copying at such central depository of
data for all depository institutions which are required to disclose
information under this section (or which are exempted pursuant to
section 306(b)) and which have a home office or branch office within
such primary metropolitan statistical area, metropolitan statistical
area, or consolidated metropolitan statistical area that is not comprised
of designated primary metropolitan statistical areas.
6-5232.2
(g) The requirements of subsections (a) and (b) shall not apply with
respect to mortgage loans that are—
(1) made (or for which completed applications
are received) by any mortgage banking subsidiary of a bank holding
company or savings and loan holding company or by any savings and
loan service corporation that originates or purchases mortgage loans;
and
(2) approved (or
for which completed applications are received) by the secretary for
insurance under title I or II of the National Housing Act.
6-5232.3
(h) Submission to agencies.
(1) The data required to be
disclosed under subsection (b) shall be submitted to the Bureau or
to the appropriate agency for the institution reporting under this
title, in accordance with rules prescribed by the Bureau. Notwithstanding
the requirement of subsection (a)(2)(A) for disclosure by census tract,
the Bureau, in consultation with other appropriate agencies described
in paragraph (2) and, after notice and comment, shall develop regulations
that—
(A) prescribe the format for such disclosures,
the method for submission of the data to the appropriate agency, and
the procedures for disclosing the information to the public;
(B) require the collection
of data required to be disclosed under subsection (b) with respect
to loans sold by each institution reporting under this title;
(C) require disclosure of
the class of the purchaser of such loans;
(D) permit any reporting institution
to submit in writing to the Bureau or to the appropriate agency such
additional data or explanations as it deems relevant to the decision
to originate or purchase mortgage loans; and
(E) modify or require modification of
itemized information, for the purpose of protecting the privacy interests
of the mortgage applicants or mortgagors, that is or will be available
to the public.
(2) The appropriate agencies described
in this paragraph are—
(A) the appropriate Federal banking
agencies, as defined in section 3(q) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(q)), with respect to the entities that are subject
to the jurisdiction of each such agency, respectively;
(B) the Federal Deposit
Insurance Corporation for banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve System), mutual
savings banks, insured State branches of foreign banks, and any other
depository institution described in section 303(2)(A) which is not
otherwise referred to in this paragraph;
(C) the National Credit Union Administration
Board with respect to credit unions; and
(D) the Secretary of Housing and Urban
Development with respect to other lending institutions not regulated
by the agencies referred to in subparagraph (A) or (B).
(3) Rules for modifications
under paragraph (1).
(A) Application. A modification under paragraph (1)(E) shall apply to information
concerning—
(i) credit score data described in subsection
(b)(6)(I), in a manner that is consistent with the purpose described
in paragraph (1)(E); and
(ii) age or any other category of data described in paragraph (5)
or (6) of subsection (b), as the Bureau determines to be necessary
to satisfy the purpose described in paragraph (1)(E), and in a manner
consistent with that purpose.
(B) Standards. The Bureau shall prescribe standards for any modification under
paragraph (1)(E) to effectuate the purposes of this title, in light
of the privacy interests of mortgage applicants or mortgagors. Where
necessary to protect the privacy interests of mortgage applicants
or mortgagors, the Bureau shall provide for the disclosure of information
described in subparagraph (A) in aggregate or other reasonably modified
form, in order to effectuate the purposes of this title.
6-5232.5
(i) Exemptions.
(1) With respect to an insured depository
institution or insured credit union, the requirements of paragraphs
(5) and (6) of subsection (b) shall not apply with respect to closed-end
mortgage loans if the insured depository institution or insured credit
union originated fewer than 500 closed-end mortgage loans in each
of the 2 preceding calendar years.
(2) With respect to an insured depository
institution or insured credit union, the requirements of paragraphs
(5) and (6) of subsection (b) shall not apply with respect to open-end
lines of credit if the insured depository institution or insured credit
union originated fewer than 500 open-end lines of credit in each of
the 2 preceding calendar years.
(3) Notwithstanding paragraphs (1) and
(2), an insured depository institution shall comply with paragraphs
(5) and (6) of subsection (b) if the insured depository institution
has received a rating of “needs to improve record of meeting community
credit needs” during each of its 2 most recent examinations or a rating
of “substantial noncompliance in meeting community credit needs” on
its most recent examination under section 807(b)(2) of the Community
Reinvestment Act of 1977 (12 U.S.C. 2906(b)(2)).
(3)
* The requirements of subsections
(b)(4),
(b)(5), and
(b)(6) shall not apply with respect to any depository
institution described in section 303(3)(A) which has total assets,
as of the most recent full fiscal year of such institution, of $30,000,000
or less.
6-5232.51
(j) Loan
application register information.
(1) In addition to the information required
to be disclosed under subsections (a) and (b), any depository institution
which is required to make disclosures under this section shall make
available to the public, upon request, loan application register information
(as defined by the Bureau by regulation) in the form required under
regulations prescribed by the Bureau.
(2) (A) Subject
to subparagraph (B), the loan application register information described
in paragraph (1) may be disclosed by a depository institution without
editing or compilation and in such formats as the Bureau may require.
(B) The Bureau shall
require, by regulation, such deletions as the Bureau may determine
to be appropriate to protect—
(i) any privacy interest of any
applicant, including the deletion of the applicant’s name and identification
number, the date of the application, and the date of any determination
by the institution with respect to such application; and
(ii) a depository institution
from liability under any Federal or State privacy law.
(C) It is the sense
of the Congress that a depository institution should provide loan
register information under this section in a format based on the census
tract in which the property is located.
6-5232.52
(3) A depository institution
meets the disclosure requirement of paragraph (1) if the institution provides
the information required under such paragraph in such formats as the
Bureau may require.
(4) Any depository institution which provides information under this
subsection may impose a reasonable fee for any cost incurred in reproducing
such information.
(5)
The disclosure of the loan application register information described
in paragraph (1) for any year pursuant to a request under paragraph
(1) shall be made—
(A) in the case of a request made on
or before March 1 of the succeeding year, before April 1 of the succeeding
year; and
(B) in
the case of a request made after March 1 of the succeeding year, before
the end of the 30-day period beginning on the date the request is
made.
6-5232.53
(6) Notwithstanding subsection (c), the
loan application register information described in paragraph (1) for
any year shall be maintained and made available, upon request, for
3 years after the close of the 1st year during which such information
is required to be maintained and made available.
(7) In prescribing regulations under this
subsection, the Bureau shall make every effort to minimize the costs
incurred by a depository institution in complying with this subsection
and such regulations.
6-5232.54
(k) Disclosure of statements by depository institutions.
(1) In accordance with procedures
established by the Bureau pursuant to this section, any depository
institution required to make disclosures under this section—
(A) shall
make a disclosure statement available, upon request, to the public
no later than 3 business days after the institution receives the statement
from the Federal Financial Institutions Examination Council; and
(B) may make such statement
available on a floppy disc which may be used with a personal computer
or in any other media which is not prohibited under regulations prescribed
by the Bureau.
(2) Any disclosure statement provided pursuant
to paragraph (1) shall be accompanied by a clear and conspicuous notice
that the statement is subject to final review and revision, if necessary.
(3) Any depository institution
which provides a disclosure statement pursuant to paragraph (1) may
impose a reasonable fee for any cost incurred in providing or reproducing
such statement.
6-5232.55
(l) Prompt disclosures.
(1) Any disclosure of information pursuant
to this section or section 310 shall be made as promptly as possible.
(2) (A) Except as provided in subsections
(j)(5) and (k)(1) and regulations prescribed by the Bureau and subject
to sub-paragraph (B), any information required to be disclosed for
any year beginning after December 31, 1992, under—
(i) this section
shall be made available to the public before September 1 of the succeeding
year; and
(ii) section
310 shall be made available to the public before December 1 of the
succeeding year.
(B) With respect to disclosures of information
under this section or section 310 for any year beginning after December
31, 1993, every effort shall be made—
(i) to make information disclosed
under this section or section 310 available to the public before July
1 of the succeeding year; and
(ii) to make information required to be disclosed under section 310
available to the public before September 1 of the succeeding year.
(3) The Federal Financial Institutions Examination Council shall
make such changes in the system established pursuant to subsection
(f) as may be necessary to carry out the requirements of this subsection.
6-5232.56
(m) Opportunity to reduce
compliance burden.
(1) (A) A depository
institution shall be deemed to have satisfied the public availability
requirements of subsection (a) if the institution compiles the information
required under that subsection at the home office of the institution
and provides notice at the branch locations specified in subsection
(a) that such information is available from the home office of the
institution upon written request.
(B) Not later than 15 days after the
receipt of a written request for any information required to be compiled
under subsection (a), the home office of the depository institution
receiving the request shall provide the information pertinent to the
location of the branch in question to the person requesting the information.
(2) In complying
with paragraph (1), a depository institution shall provide the person
requesting the information with a copy of the information requested
in such formats as the Bureau may require.
(n) Timing of certain disclosures. The data required to be disclosed under subsection (b) shall be
submitted to the Bureau or to the appropriate agency for any institution
reporting under this title, in accordance with regulations prescribed
by the Bureau. Institutions shall not be required to report new data
under paragraph (5) or (6) of subsection (b) before the first January
1 that occurs after the end of the 9-month period beginning on the
date on which regulations are issued by the Bureau in final form with
respect to such disclosures.
(o) Definitions. In this section—
(1) the term “insured credit union” has
the meaning given the term in section 101 of the Federal Credit Union
Act (12 U.S.C. 1752); and
(2) the term “insured depository institution” has the meaning given
the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
[12 USC 2803. As amended
by acts of Oct. 8, 1980 (94 Stat. 1657); Nov. 30, 1983 (97 Stat. 1266);
Feb. 5, 1988 (101 Stat. 1945, 1950); Aug. 9, 1989 (103 Stat. 524,
525, 526); Dec. 19, 1991 (105 Stat. 2299); Oct. 28, 1992 (106 Stat.
3889, 3891); Sept. 30, 1996 (110 Stat. 3009-416); July 21, 2010 (124
Stat. 2097, 2098, 2099); and May 24, 2018 (132 Stat. 1300, 1301).]