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OCC Bulletin 2023-5
February 1, 2023
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Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies; Department and Division Heads; All Examining Personnel; and Other Interested Parties
The Office of the Comptroller of the Currency (OCC) is issuing this bulletin to inform banks1 and OCC examining personnel that the loan origination threshold for reporting Home Mortgage Disclosure Act (HMDA) data on closed-end mortgage loans has changed. Due to a recent court decision, the threshold for reporting is now 25 closed-end mortgage loans originated in each of the two preceding calendar years.
This bulletin applies to community banks that are subject to HMDA data collection and reporting requirements.
On September 23, 2022, the U.S. District Court for the District of Columbia issued an order2 vacating the 2020 HMDA Final Rule as to the loan volume reporting threshold for closed-end mortgage loans. As a result, the loan origination threshold for reporting HMDA data on closed-end mortgage loans reverted to the threshold established by the 2015 HMDA Final Rule. Banks that originate at least 25 closed-end mortgage loans in each of the two preceding calendar years (25-loan threshold) are subject to HMDA data collection and reporting requirements. This is a change to the 100-loan threshold set by the 2020 HMDA Final Rule.
For information on the OCC’s HMDA examination policies, please contact Vonda Eanes, Director for Community Reinvestment Act and Fair Lending Policy, Compliance Risk Policy Division, at (202) 649-5470.
The Consumer Financial Protection Bureau is responsible for implementing the HMDA. For more information on the threshold changes, please refer to the link below or contact the Consumer Financial Protection Bureau by visiting https://www.consumerfinance.gov/about-us/contact-us/.
Grovetta N. Gardineer
Senior Deputy Comptroller for Bank Supervision Policy
1 “Banks” refers collectively to national banks, federal savings associations, covered savings associations, and federal branches and agencies of foreign banking organizations.
2 Refer to Nat'l Cmty. Reinvestment Coal., et al. v. Consumer Fin. Prot. Bureau, No. 20-cv-2074, 2022 WL 4447293 (D.D.C. September 23, 2022).