HMDA CRA Data Collection How to Correctly Identify

HMDA / CRA Data Collection How to Correctly Identify and Report Loans January 20, 2010

HMDA Data Collection How to Correctly Identify and Report Loans January 20, 2010

Purpose of Training – To provide a full understanding of how to correctly identify a HMDA reportable loan. II. To provide a full understanding of how to correctly identify a Non-HMDA reportable but CRA reportable loan. III. To provide a full understanding of how to correctly identity a “Community Development Loan”. IV. To provide a full understanding of how to correctly report the following; I. a. b. c. d. e. HMDA applicable loans Small Business Loans Small Farm Loans CRE – Commercial Real Estate Loans Community Development Loans Page|3 HMDA / CRA Reporting| 01/20/2010

Table of Contents – I. HMDA Purpose 1. Home Purchase 2. Home Improvement 3. Refinance II. Small Business Loans 1. Less than or equal to $1 million 2. NOT secured by Residential Real Estate III. Small Farm Loans 1. Agricultural Purpose 2. Secured by Farm land III. CRE – Commercial Real Estate 1. Secured by Commercial Real Estate 2. Over $1 million IV. Community Development Loans 1. 2. 3. 4. Affordable Housing – Primarily for LMI individuals Community Services – Primarily for LMI individuals Economic Development Revitalization or Stabilization of LMI census tracts or areas targeted by government Page|4 HMDA / CRA Reporting| 01/20/2010

Why and What For? There are two Federal regulations that govern the collection and reporting of HMDA loans and certain CRA loans; § 12 CFR 203; Regulation C; HMDA; Home Mortgage Disclosure Act § 12 CFR 228; Regulation BB; CRA; Community Reinvestment Act The proper collection and reporting of loan data is “CRITICAL” because the government uses the data for many purposes including the distribution of loan data throughout the country, determination of loan trends, borrower characteristics and demographic data. § Regulators can issue poor compliance ratings for non-compliance; and/or § Civil Money Penalties for non-compliance § Can you spell Cease and Desist? It is as bad as it sounds § Significant risk – Reputation Risk, Compliance Risk, Monetary Risk (Penalties) Page|5 HMDA / CRA Reporting| 01/20/2010

Four Main Aspects That Lead To Success! I. Determine the loan purpose a. b. II. Determine the loan amount a. b. III. Dollar amount applied for Dollar amount granted Identity the borrower a. b. IV. Home Purchase, Home Improvement, Refinance Small Business / Small Farm, Commercial Purpose, (CRE), Community Development Individual / Business Entity For Profit / Not For-Profit Identity the subject property / security a. b. c. d. e. Residential Real Estate Commercial Real Estate Multifamily Housing – 5+ Properties Mixed Use Property / Multiple Properties Non Real Estate Secured “The Golden Rule” Page|6 HMDA / CRA Reporting| 01/20/2010

HMDA Purpose! To be reportable as a HMDA loan, the loan purpose must be for; 1. Home Purchase a. b. 2. Home Improvement a. b. 3. Must be for the purpose of “Home Purchase” Must be secured by a “Dwelling” Any part of the proceeds used for “Home Improvement” purpose (renovate, rehabilitate, a dwelling or the real property on which the dwelling exists) May be secured or unsecured, *(different depending on Residential or Commercial loan) * Unsecured or non-real estate secured Home Improvement loans are only HMDA reportable if the institution classifies them as such on internal systems. Classification includes color-coding the files, using separate class or loan codes or call reporting codes. Since FB does not separately classify HI loans, they are not HMDA reportable unless secured by residential real estate, (dwelling or dwellings). Refinance a. b. Includes both Cash out and No Cash out Must replace an existing lien with a new lien, (not necessarily the same dwelling) Page|7 HMDA / CRA Reporting| 01/20/2010

HMDA Purpose! Hierarchy of Reporting Home Purchase Home Improvement Refinance Report “Home Purchase” first, “Home Improvement” second and “Refinance” third – § If a loan is both for Home Purchase and Home Improvement – Report as Home Purchase § If a loan is a Refinance to do Home Improvements – Report as Home Improvement § If loan is a Refinance for Cash out to purchase a second home – Report as Home Purchase § Includes both “Owner” and “Non-Owner” occupied properties Page|8 HMDA / CRA Reporting| 01/20/2010

Loans Exempt From HMDA Reporting – I. III. IV. V. I. II. Loans on unimproved land v Unless the financing includes the construction of a dwelling and is permanent Construction Only Loans and other Temporary Financings v Includes builder / developer loans Loans made or purchased in a fiduciary capacity Purchase of an interest in a pool of mortgages, such as a participation Purchase solely of loan servicing rights Loans acquired as part of a merger The acquisition of only a partial interest in a home purchase or home improvement loan – Consortium or Third party Loan v Unless the bank is the lead bank in the participation Prequalification requests Assumptions In addition, do not report Lines or Letters of Credit Page|9 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – Application or Loan Information Application or Loan number (1) Date Application Received. (2) Loan Type Property Type Purpose Owner Occupancy (3) (4) (5) (6) 123456789 1/1/2010 1 1 234567890 1/2/2010 1 2 2 1 345678912 1/3/2010 1 3 3 2 1. Application # – ü Unique identifying number for the applications received. 2. Application Date – ü ü ü The date on which the loan request is made by an applicant and received by the Bank More specifically, the date on which the applicant has provided the Bank with enough information to START processing a loan request Must be verifiable and documented v Not the LAF date v May not be preceded by and other documented date in the loan file such as the Credit Report Date, Appraisal Date, Flood Cert Date, Proposal or Commitment Date. P a g e | 10 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) It is imperative to determine up front whether or not a loan is HMDA reportable because you need certain information to properly collect and report required data on the LAR. Must document the Month, Day and Year of the application date. 3. Loan Type – ü Indicate the loan application type; — Code 1 — Code 2 — Code 3 — Code 4 4. Conventional, (any loan other than FHA, VA, FSA or RHS) FHA insured VA Guaranteed FSA/RHS Loan Property Type – ü Indicate the property type; — Code 1 1 – 4 family dwelling (other than manufactured housing) — Code 2 Manufactured housing / Mobile Homes — Code 3 Multifamily dwelling (5+ residential properties) * a. Use Code 1, not Code 3, for loans on individual condominium or cooperative units b. If you cannot determine whether a loan or application relates to a manufactured home, use Code 1. * 5+ residential refers to units. P a g e | 11 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) 5. Loan Purpose – ü Indicate the loan purpose; — Code 1 Home Purchase — Code 2 Home Improvement — Code 3 Refinance a. Do not report a refinancing if, under the loan agreement you were unconditionally obligated to refinance the obligation, or you were obligated to refinance the obligation subject to conditions within the borrower’s control 6. Owner Occupancy – ü Indicate the type of occupancy; — Code 1 Owner Occupied as a principal dwelling — Code 2 Not Owner Occupied as a principal dwelling — Code 3 Not Applicable a. For purchase loans, use Code 1 unless the loan documents or application indicate that the property will not be occupied as a principal residence. b. Use Code for second homes or vacation homes, as well as for rental properties. c. Use Code 3 if the property to which the loan relates is a multifamily dwelling, (5 + units); is not located in a metropolitan area; or is located in a metropolitan area in which your institution has neither a home or branch office. P a g e | 12 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) Loan Amt. in , 000’s Pre. App. (8) (7) 7. Loan Action Property Location Action Type (9) Action Date MSA / MD (10) (11) St. Code (12) CTY. Code (13) Census (14) 65 1 1 1/10/2010 25540 09 003 4 6 4 1. 0 2 549 1 3 1/11/2010 25540 09 003 4 0 0 6. 0 0 50 1 5 1/12/2010 25540 09 003 4 6 0 2 Loan Amount – ü Enter the amount of the loan or application. ü Show the amount in thousands, rounding to the nearest thousand, (round $500 up to the next $1, 000) For example – a loan for $167, 300 should be entered as 167 and one for $15, 500 as 16; a. For home purchase loan that you originated, enter the principal amount of the loan. b. For home purchase loans that you purchased, enter the unpaid principal balance of the loan at the time of the purchase. c. For home improvement loan, enter the entire amount of the loan regardless of the amount used for home improvement. d. For refinance loans, enter the total amount of the new loan. e. For a loan application that was denied or withdrawn, enter the amount applied for by the applicant. P a g e | 13 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) 8. Request for Pre-Approval – ü Indicate whether the application or loan involved a request for pre-approval of a home purchase loan; — Code 1 Pre-Approval requested — Code 2 Pre-Approval not requested — Code 3 Not applicable a. Enter Code 2 if the institution has a covered pre-approval program but the applicant does not request pre-approval. b. Enter Code 3 if your institution does not have a pre-approval program. c. Enter Code 3 for applications for home improvement and refinancing and for purchased loans. Ø Commercial Loans – always use Code 3 – Not Applicable 9. Type of Action Taken – ü Indicate the type of action taken on the loan application; — Code 1 — Code 2 — Code 3 — Code 4 — Code 5 — Code 6 — Code 7 — Code 8 Loan originated Application approved but not accepted Application denied Application withdrawn File closed for incompleteness Loan purchased by institution Pre-Approval request denied (not used in commercial lending) Pre-Approval request approved but not accepted (not used in commercial lending) P a g e | 14 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) a. Use Code 1 for all originated loans. b. For loans where a counter offer is made and accepted by the applicant, enter Code 1. For loans where a counter offer is made and not accepted by the applicant or the applicant does not respond, use Code 3. c. Use Code 2 when the original loan request is approved but the applicant does not respond to a written letter of commitment. Use code 2 if applicant withdraws the application after written commitment provided. (DO NOT USE FOR PRE-APPROVAL REQUEST) d. For loan applications where the applicant expressly withdraws the application prior to a written commitment, use Code 4. (Do not use Code 4 if a request for pre-approval is withdrawn; Preapproval requests that are withdrawn are NOT HMDA REPORTABLE) e. Use Code 5 if a written notice of incompleteness was sent to the applicant and the applicant did not respond to the request within the time frame noted in the request. (Do not use Code 5 if a request for pre-approval is incomplete; Pre-approval requests that are incomplete are NOT HMDA REPORTABLE) 10. Date Action Taken – ü Enter the date on which the action was taken on the loan or application; a. For loans originated, enter the settlement or closing date. b. For purchased loans, enter the date the loan was purchased by the institution. c. For applications and pre-approvals denied, applications and pre-approvals approved but not accepted, and files closed for incompleteness, enter the date that the action was taken by the institution or the date the notice was sent to the applicant. d. For applications withdrawn, enter the date your received the applicant’s express withdrawal, or enter the date shown on the notification from the applicant. e. For pre-approvals that lead to a loan origination, enter the date of the origination. P a g e | 15 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) 11. Property Location – ü Enter the MSA/MD (Metropolitan Statistical Area) ü Enter the State and County Codes ü Enter the Census Tract; a. MSA/MD – 5 digit code b. State Code – 2 digit code / County Code – 3 digit code c. Census Tract – 6 digit code (xxxx. xx) Applicant Information A = Applicant CA = Co-Applicant Ethnicity Race A CA Applicant 1 2 5 2 2 Sex Co-Applicant Gross INC. A CA 5 1 2 125 5 8 1 5 250 5 3 2 1 95 Applicant Information – Ethnicity, Race, Gender and Gross Income ü If the information is not provided by the applicant(s) in a face to face interview, the loan officer must complete all fields by visual observation. Applies only to individuals not business entities. P a g e | 16 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) 12. Applicant / Co-Applicant Ethnicity – ü Indicate the ethnicity of the applicant and co-applicant; — Code 1 — Code 2 — Code 3 — Code 4 — Code 5 Hispanic or Latino Non Hispanic or Latino Information not provided in a mail or telephone application Not Applicable (Non natural person and business entities) No Co-Applicant 13. Applicant / Co-Applicant Race – ü Indicate the race of the applicant and co-applicant; — Code 1 — Code 2 — Code 3 — Code 4 — Code 5 — Code 6 — Code 7 — Code 8 a. b. c. American Indian or Alaskan native Asian Black or African American Native Hawaiian or Other Pacific Islander White Information Not provided by Applicant in mail, internet or telephone application Not Applicable (non-natural persons and business entities) No Co-Applicant If applicant selects more than one racial designation, enter all codes listed. Use code 4 (for ethnicity) and code 7 (for race) for “Not Applicable only when the applicant(s) are not natural persons or the information is not available. If there is more than one co-applicant, provide the required information only for the first coapplicant listed. If there are no co-applicant(s), use code 5 (for ethnicity) and code 8 (for race) for “no co-applicant” in the co-applicant column. P a g e | 17 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) 14. Applicant / Co-Applicant Sex – ü Indicate the gender of the applicant and co-applicant; — Code 1 — — Male Code 2 Female Code 3 Information not provided in a mail, internet or telephone application Code 4 Not Applicable Code 5 No Co-Applicant a. Use code 4 for “not applicable” only when the applicant or co-applicant is not a natural person or when applicant or co-applicant information is not available. b. If there is more than one co-applicant, provide the required information only for the first co-applicant listed on the application form. If there are no co-applicants or co-borrowers, use code 5 for “no coapplicant” in the co-applicant column. 15. Income – ü Enter the gross annual income that your institution relied on in making the credit decision; a. b. c. d. Round all dollar amounts to the nearest thousand, (round $500 up to the next $1, 000). For loans on multifamily dwellings, enter “N/A”. If no income information is asked for or relied upon in making the credit decision, enter “N/A” If the applicant or co-applicant is not a natural person (Commercial Loans made to an entity), enter “N/A” P a g e | 18 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) 16. Type of Purchase – ü Enter the applicable code to indicate whether a loan that your institution originated or purchased was then sold to a secondary market entity within the same calender year; — Code 0 — — — — — Loan was originated or was not sold in the calendar covered by the LAR Code 1 Fannie Mae Code 2 Ginnie Mae Code 3 Freddie Mac Code 4 Farmer Mac Code 5 Private Securitization Code 6 Commercial Bank, Savings Bank or Savings Association Code 7 Life Insurance Company, Credit Union, Mortgage bank, or finance company Code 8 Affiliate Institution Code 9 Other type of Purchaser a. Use Code 0 for applications that were denied, withdrawn or approved but not accepted by the applicant; and for files closed incomplete. b. Use Code 0 if you originated or purchased the loan and did not sell it during that same calendar year and sell it in a succeeding year. c. Use Code 2 if you conditionally assign a loan to Ginnie Mae in connection with a mortgage-backed security transaction d. Use Code 8 for loans sold to an institution affiliated with you, such as your subsidiary or a subsidiary of your parent corporation. P a g e | 19 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) 17. Reasons For Denial – ü Indicate the reasons for denial. This filed is optional. You may indicate up to three reasons. Leave this column blank if the action taken on the application is not a denial; — Code 1 — — — — Debt – to – income ratio Code 2 Employment History Code 3 Credit History Code 4 Collateral Code 5 Insufficient cash (down-payment, closing costs) Code 6 Unverifiable Information Code 7 Credit Application Incomplete Code 8 Other a. Use Code 0 for applications that were denied, withdrawn or approved but not accepted by the applicant; and for files closed incomplete. b. Use Code 0 if you originated or purchased the loan and did not sell it during that same calendar year and sell it in a succeeding year. c. Use Code 2 if you conditionally assign a loan to Ginnie Mae in connection with a mortgage-backed security transaction d. Use Code 8 for loans sold to an institution affiliated with you, such as your subsidiary or a subsidiary of your parent corporation. 18. Rate Spread (HOEPA Loans only) – ü Enter “N/A” – This section is not applicable for Commercial loans. Only applicable if Regulation Z applies. P a g e | 20 HMDA / CRA Reporting| 01/20/2010

HMDA LAR Information – (Continued) 19. HOEPA Status – ü Enter Code 2 – for “N/A”. Only applies to loans subject to Regulation Z. 20. Lien Status – ü Enter the lien status for loans originated and for applications not originated; — Code 1 Secured by first lien — Code 2 Secured by secondary or subordinate lien — Code 3 Not secured by a lien — Code 4 Not applicable, (purchased loan) a. Use Codes 1 – 3 for loans that you originate, as well as for applications that do not result in an origination, (applications that are approved but not accepted, denied, withdrawn, or closed incomplete). b. Use Code 4 for loans that you purchase. P a g e | 21 HMDA / CRA Reporting| 01/20/2010

Mixed Use Properties and Multi-Purpose Loans – I. Mixed Use Property – ü A mixed use property is one that involves both “Residential” and “Commercial” real estate; — Retail “Strip Mall” with multiple retail stores and residential rental apartments included in same structure. — Residential single family or 1 -4 family residence with business attached. — Horse Farm with residential dwelling. — Restaurant with residential rental or owner occupied residence above. a. For a mixed use property where both a commercial and residential purpose is evident, the loan is HMDA reportable if the total square footage used for residential purposes is greater than the square footage of the commercial usage. b. Where square footage is not available or is not conclusive in making a determination, use the gross revenues derived from the residential use verses the revenues for retail purpose. II. Multi-Purpose Loan – ü A loan secured by commercial and or residential real estate for both a commercial and or residential purpose; — A refinance of a residential property to provide funds for home improvement. — A refinance of a residential property to provide funds to purchase a business or investment property. — A construction permanent loan to purchase and demolish a residential dwelling and construct a commercial building. — A construction permanent loan to convert an existing residence into a business property. a. Remember the “Golden Rule”. If the purpose meets any of the three HMDA purpose tests, the loan is HMDA reportable. b. If the purpose is a commercial purpose and none of the three HMDA tests are positive, then the loan is not HMDA reportable. P a g e | 22 HMDA / CRA Reporting| 01/20/2010

HMDA Purpose Defined – I. Home Purchase – ü A loan secured by and made for the purpose of purchasing a dwelling; does not include a loan to purchase property used primarily for agricultural purposes even if the property includes a dwelling (may include a loan to purchase an apartment building made through a commercial lending department). The dwelling does not have to be the same dwelling. ü A residential structure located in a State, the District of Columbia or Puerto Rico; includes an individual condo unit, co-op unit, or mobile or manufactured home: refers to any dwelling not necessarily owned by the borrower. II. Home Improvement Loan – ü A loan secured by a lien on a dwelling that is for the purpose, in whole or in part, of repairing, rehabilitating, remodeling, or improving a dwelling or real property on which it is located (may include a loan to improve an apartment building made through a commercial lending department); and ü A non-dwelling secured loan that is for the purpose, in whole or in part, of repairing, rehabilitating, remodeling, or improving a dwelling or the real property on which it is located. IF CLASSIFED AS SUCH III. Refinance – ü A new obligation that satisfies and replaces an existing obligation by the same borrower in which both the existing obligation and the new obligation are secured by liens on dwellings. Whether or not cash out occurs is not relevant; the purpose of the refinance is not applicable; the lender need not have been the lender on the existing obligation. P a g e | 23 HMDA / CRA Reporting| 01/20/2010

Special Attention LAR Reporting Fields – I. Property Location – Subject Property Securing Loan: Address of the property to which the loan relates Other Property Securing Loan: Report the property being used as security in the census data. a. Security as an “Abundance of Caution” – Business purpose loans that include a refinance of residential property are HMDA reportable if the property is primary security or the FMV of the property exceeds 50% of the loan proceeds when not primary. II. Income – Borrower is an individual: Report the borrowers’ income relied upon in making the credit decision in the income field. Borrower is an entity / Multifamily - 5+ units: Report N/A in the income field. III. Government Monitoring – If Borrower is an individual: Report applicable codes If borrower is an entity: Report - “ 4 4 7 7 4 4” P a g e | 24 HMDA / CRA Reporting| 01/20/2010

“Sometimes Yes, Sometimes No!” There a number of factors to consider, when determining if a loan is HMDA reportable. Sometimes, the slightest change in circumstance can change the determination. Remember to perform the “Golden Rule” test, account for exceptions and then make your determination; I. Construction Loans – a. Construction loans are generally not HMDA reportable unless the financing contains both the construction only and permanent component. b. Loans to purchase and quickly renovate a dwelling, “Splash and Dash”, where the proceeds of the sale will repay the loan are HMDA reportable. c. Construction loans to developers to build a residential development are not HMDA reportable unless the financing contains both construction and permanent financing. d. Construction loans to developers to build a residential development are HMDA reportable if there is an existing dwelling on the property and the financing is not temporary. ü Example – Builder A takes a construction loan to develop a 12 acre parcel of land construct 12 residential homes on it – Loan is not HMDA Reportable ü Example – Builder A enters into an agreement with builder B to purchase a failed development project. Builder A takes a construction loan to purchase the existing parcel with 3 partially completed dwellings already on the property, to finish and construct 9 additional homes – Loan is HMDA reportable. P a g e | 25 HMDA / CRA Reporting| 01/20/2010

“Sometimes Yes, Sometimes No!” II. Mixed Use Property – a. b. III. The square footage and income or revenue tests for determining if a loan is HMDA reportable only apply if the commercial purpose and residential purpose are contained in the same structure. If the residential purpose is fulfilled by a separate structure on the same parcel, then the loan is HMDA reportable. ü Example – Commercial customer is purchasing a strip mall that contains 8 retail businesses on the first floor and apartments on the second floor. The square footage of the retail shops total of 10, 000 sq feet and the total square footage of the apartments is 6, 000 sq feet. Since the square footage of the retail space is greater than the residential use, the loan is not HMDA reportable. ü Example – In the same example, an additional 2 family residence is located on the property and is not attached to the other structure – Loan is HMDA reportable. Home Improvement Loans – a. b. Secured “Home Improvement” loans where any part of the proceeds are used to renovate, rehabilitate or improve the dwelling or the real property the dwelling is located on, are HMDA reportable. Unsecured “Home Improvement” loans are only reportable if the institution classifies the loan as a home improvement loan. Classification means – Classifying in separate category on call report; coding by color, tag or any other method the loan file differently then other loans; segregating the loan type from other loan files. For commercial loans, there is no current segregation or classification, therefore, unsecured HI loans are not HMDA reportable. P a g e | 26 HMDA / CRA Reporting| 01/20/2010

“Sometimes Yes, Sometimes No!” IV. Transitory Residences – A loan to purchase, improve or refinance a “Transitory Residence” is not HMDA reportable because the residence is considered temporary in nature and whose occupants have principal residences elsewhere. Recreational vehicles such as boats or campers are not dwellings for purposes of HMDA. a. Transitory residences include the following; 1. Hotels, Motels, College Dormitories and Sorority / Fraternity Houses 2. Half way houses & Church shelters 3. Substance abuse homes and temporary residences for mental retardation 4. Nursing Homes, (if temporary) 5. Timeshare Purchases (not technically owned by the borrower) ü Example – Commercial loan to a church or non-profit entity to finance the purchase of a group home as a temporary shelter for battered and wayward women – Not HMDA Reportable. b. If the residence is considered non temporary, then the loan is HMDA reportable; 1. Permanent Assisted living residences 2. Retirement communities and living residences 3. Church sponsored permanent housing ü Example – Commercial loan to a non-profit church or entity to finance the purchase of an assisted living and retirement group home for the elderly as permanent housing – HMDA reportable. P a g e | 27 HMDA / CRA Reporting| 01/20/2010

“Sometimes Yes, Sometimes No!” V. Modifications, Extensions and Consolidation Agreements – ü A loan modification or extension is not HMDA reportable unless a new note is written that replaces or retires another note, or the purpose meets the HMDA definitions and new money is extended. Example – A loan with a 5 year term and 20 year amortization matures with $100, 000 outstanding balance. The loan is secured by a second mortgage on a 7 unit apartment building. a. The loan is renewed and extended for another 5 years – Ø The transaction is not HMDA reportable because the transaction is not to purchase of improve a residential dwelling and the original dwelling secured loan I not being paid off. b. The loan is renewed and increased to $150, 000 and the original note is not being paid off – Ø If the additional $50 M will be used to either purchase or improve a dwelling then the entire $150, 000 loan would be HMD reportable as either a purchase or home improvement as dictated by the use of the proceeds. c. The original loan is replaced with a $150, 000 loan and creates a new dwelling secured loan – Ø Since the original loan is being satisfied / replaced and the original and new loans are both dwelling secured loans, the loan would be HMDA reportable as a refinance regardless of the additional $50 M. d. The Application to replace and extend the loan to $150, 000 is denied for DTI – Ø Since the original loan was to be satisfied / replaced, and the original loan and applied for loan would both be both dwelling secured, the loan would be HMDA reportable as a denied refinance regardless of the additional $50 M. P a g e | 28 HMDA / CRA Reporting| 01/20/2010

“Sometimes Yes, Sometimes No!” VI. Temporary Financing versus Short Term Financing – ü Temporary financing does not mean the same thing as short term financing. A loan can be permanent financing but be short term, (6 Months). Similarly, a loan could be temporary but have a term of 24 months. Temporary means that the financing is meant to be taken out with another extension of credit and therefore is temporary in nature. Permanent means simply – “The only financing the borrower intends to take” that will not be paid from a new extension of credit. a. A borrower applies for a construction-only loan to build a residential development with a term of 18 months. The loan will have periodic interest only payments throughout the construction phase and the entire principal balance will be paid at the lesser of; 1) The end of the term; 2) The sale of individual units within the development – Ø Since the application is for construction loan and not for the permanent financing phase of the project, the application is considered temporary financing and therefore is not HMDA reportable, even though in this case it is the only financing the borrower intends to take. It’s purpose is to build and sell units. The individual sales of units would yield a HMDA reportable loan for the lending institution when the units are sold. b. A borrower applies for a loan to repave the parking lot of a multifamily unit. The loan will be fully amortized over a period of 10 months with monthly payments of principal and interest payments. Ø This is a short term application that is permanent financing and therefore is HMD applicable as a home improvement loan. P a g e | 29 HMDA / CRA Reporting| 01/20/2010

CRA Data Collection How to Correctly Identify and Report Loans January 20, 2010

CRA Reporting – v Reporting of Commercial Loans on the CRA LAR is based on loan type and collateral not loan purpose. In addition, unlike HMDA LAR collection you only report originations. v The CRA LAR contains only the following fields; 1. 2. 3. 4. 5. 6. 7. 8. v Application Number Loan Type (FED CRA Loan Purpose) / State CRA Loan Type Loan Amount Action Taken Type Action Date MSA/MD, State Code, County Code, Census Tract Gross Revenue Code Affiliate Lending Flag Fed CRA Type / State CRA Loan Type – a. b. Fed CRA; Based on loan type and type of security State CRA; Based on loan type, purpose and security P a g e | 31 HMDA / CRA Reporting| 01/20/2010

CRA Reporting – Hierarchy of Reporting HMDA Small Business Small Farm CRE Community Development P a g e | 32 HMDA / CRA Reporting| 01/20/2010

Call Report Schedule RC – C Line Descriptions – Line : Call Report Schedule RC – C Description 1. Loans Secured by Real Estate 1 a. Construction, land development and other land loans – Includes loans secured by real estate made to finance land development preparatory to erecting new structures or the on-site construction of industrial, commercial, residential, or farm buildings. "Construction" includes construction of new structures, additions or alterations to existing structures and the demolition of existing structures to make way for new structures. Includes vacant land loans secure by real estate to acquire and develop undeveloped property. Excludes loans to finance construction and land development not secured by real estate. 1 b. Secured by Farmland including farm residential and improvements – Farmland includes all land known to be used or usable for agricultural purposes, such as crop and livestock production. Farmland includes grazing or pasture land. Excludes loans for farm property construction and land development. 1 c. Secured by 1 – 4 Family Residential Real Estate (1) Revolving, Open End Loans and Extended Under Lines of Credit (2) a. Closed End Loans Secured by First Liens; b. Closed End Loans Secured by Junior Liens Secured by 1 – 4 Family Residential properties. Includes non-farm property containing 1 – 4 dwelling units and 5 or more dwelling units if each is separated from other units by dividing walls extending from floor to roof. (Town-Houses). Includes condominium units, Mobile homes and mixed use property where the primary use is residential 1 d. Secured by Multifamily 5+ Residential Properties – Includes non-farm 5 or more dwelling units in structures including apartment buildings and apartment houses use primarily to accommodate households on a permanent basis. 1 e. Secured by Non Farm Non-Residential Properties – Secured by non-residential real estate including business and industrial properties, hotels, churches, hospitals, educational and charitable institutions, dormitories, clubs, associations, lodges, “Homes” for aged persons or orphans, golf courses, recreational facilities and similar properties Non Real Estate Secured Commercial and Industrial Loans to US Addresses 4. 4 a. Loans made to businesses for commercial and industrial purpose, unsecured or non real estate recurred. Includes loans to finance capital expenditures, lines or credit, working capital and loans to finance equipment or non-real estate construction and letters of credit. P a g e | 33 HMDA / CRA Reporting| 01/20/2010

CRA Small Business Data Collection Grid – Purp : CRA Small Business Collection / Loan Purpose: (Call Report Schedule RC-C Line Codes) 1. Loans Secured by Real Estate 1 a. Const: 1 b. Farm: 1 c. 1 – 4 Fam. Res. : Open / Closed: 1 d. Multi-Family 5+ 1 e. Non Farm / Non Res. : 4. SB HM CD NC Interim Construction loan to a for-profit entity secured by residential real estate with a purpose consistent with the definition of community development Interim Construction loan to a for-profit entity secured by residential real estate without purpose consistent with the definition of community development X X Permanent loan to a for-profit entity secured by farmland with primary agricultural purpose Permanent loan < 1 Mill. to a for-profit entity for multifamily real estate (rental property) with a primary purpose consistent with the definition of community development Permanent loan > 1 Mill. to a for-profit entity for multifamily real estate with a primary purpose consistent with the definition of community development Permanent loan to a for-profit entity for multifamily real estate without a primary purpose consistent with the definition of community development Permanent loan in any amount to a non-profit entity for multifamily real estate with a primary purpose consistent with the definition of community development Permanent loan to a for-profit entity secured by nonresidential real estate and equal to or less than $ 1 million. Permanent loan to a for-profit entity secured by nonresidential real estate and greater than $ 1 million with a primary purpose consistent with the definition of community development Permanent loan to a for-profit entity secured by nonresidential real estate and greater than $ 1 million without a primary purpose consistent with the definition of community development X X X X X Non Real Estate Secured Commercial and Industrial Loans to US Addresses Loan to a for-profit entity not secured by real estate and equal to or less than $ 1 million. 4 a. C & I Loans: Loan to a for-profit entity not secured by real estate and greater than $ 1 million with a purpose consistent with the definition of community development. Loan to a for-profit entity not secured by real estate and greater than $ 1 million without a purpose consistent with the definition of community development P a g e | 34 X X X HMDA / CRA Reporting| 01/20/2010

CRA Reporting of Commercial Loan Types – I. HMDA Purpose 1. Permanent loan < $ 1 million to a “for-profit” entity for multifamily real estate (rental property) with a primary purpose consistent with the definition of community development 2. Permanent loan > $ 1 million to a “for-profit” entity for multifamily real estate (rental property) with a primary purpose consistent with the definition of community development * 3. Permanent loan to a “for-profit” entity for multifamily real estate without a primary purpose consistent with the definition of community development 4. Permanent loan in any amount to a “non-profit” entity for multifamily real estate with a primary purpose consistent with the definition of community development * II. Small Business Loans 1. Permanent loan to a “For-Profit” entity, < $ 1 million secured by non-residential real estate 2. Permanent loan to a “For-Profit” entity, < $ 1 million and not secured by real estate III. Small Farm Loans 1. Permanent loan to a “For-Profit” entity secured by “Farmland” with primary agricultural purpose III. CRE – Commercial Real Estate 1. Permanent loan to a “For-Profit” entity secured by commercial real estate and > $ 1 million, without a purpose consistent with the definition of “Community Development” * Loan is both HMDA Reportable and Community Development P a g e | 35 HMDA / CRA Reporting| 01/20/2010

CRA Reporting of Commercial Loan Types – (Continued) IV. Community Development Loans Interim Construction loan to a “for-profit” entity secured by residential real estate with a purpose consistent with the definition of community development Permanent loan > $ 1 million to a “for-profit” entity for multifamily real estate (rental property) with a primary purpose consistent with the definition of community development * Permanent loan in any amount to a “non-profit” entity for multifamily real estate with a primary purpose consistent with the definition of community development * Permanent loan to a “for-profit” entity secured by non-residential real estate > $ 1 million with a primary purpose consistent with the definition of community development Loan to a “for-profit” entity not secured by real estate and greater than $ 1 million with a purpose consistent with the definition of community development. 1. 2. 3. 4. 5. * Loan is both HMDA Reportable and Community Development P a g e | 36 HMDA / CRA Reporting| 01/20/2010

CRA LAR Reporting Codes – 1. Application # – ü Unique identifying number or loan number of the originated loan. 2. FED CRA Loan Type – ü Indicate the FED CRA purpose; — Code 00 Not Fed CRA (HMDA Reportable and or Community Development Loan) — Code 01 Small Business Loan — Code 02 Farm Loan — Code 03 Other Business Loan — Code 09 Other Loan Data 2 a. (Business purpose, letters of credit, construction loans) State CRA Loan Type – ü Indicate the State CRA loan type; — Code 01 — Code 02 — Code 03 — Code 04 — Code 05 — Code 06 — Code 07 — Code 08 — Code 09 — Code 10 Residential 1 – 4 Family Residential 5 + Housing Rehab Home Improvement Small Business Farm Loan Community Development Commercial Loan Consumer Loan (Not Used) All Other P a g e | 37 HMDA / CRA Reporting| 01/20/2010

CRA LAR Reporting Codes – 3. Loan Amount – ü Enter the amount of the loan or application. ü Show the amount in thousands, rounding to the nearest thousand, (round $500 up to the next $1, 000) For example – a loan for $167, 300 should be entered as 167 and one for $15, 500 as 16. 4. Action Taken – ü Use Code 1 – Loan Originated. 5. Action Taken Date – ü 6. The origination date of the loan. Property Location – ü Enter the MSA/MD (Metropolitan Statistical Area) ü Enter the State and County Codes ü Enter the Census Tract; a. MSA/MD – 5 digit code b. State Code – 2 digit code / County Code – 3 digit code c. Census Tract – 6 digit code (xxxx. xx) P a g e | 38 HMDA / CRA Reporting| 01/20/2010

CRA LAR Reporting Codes – 7. Gross Annual Revenue Code – ü Enter the gross annual revenue code for the business entity; — Code 01 Less than or equal to $ 1 Million — Code 02 Over $ 1 Million — Code 03 Revenue information was not gathered or considered in the credit decision — Code 04 N/A a. Round all dollar amounts to the nearest thousand, (round $500 up to the next $1, 000). b. If no income information is asked for or relied upon in making the credit decision, enter Code 3 c. If the applicant or co-applicant is a natural person (Commercial Loans made to an individual), enter “N/A” 8. Affiliate Lending Flag – ü Enter Code 01 – No affiliate P a g e | 39 HMDA / CRA Reporting| 01/20/2010

CRA Data Collection Worksheet – v Must complete a worksheet for each loan whether or not originated. P a g e | 40 HMDA / CRA Reporting| 01/20/2010

HMDA Data Collection Worksheet – v If loan is HMDA reportable, must complete a HMDA Data worksheet I. If Section J of the CRA Data Collection sheet indicates that the loan is HMDA reportable as indicated by a check mark in either box “ 01”, “ 02” or “ 03”, then Section E box “ 00” must be checked. II. If box “ 00” in section E of the CRA data collection sheet indicates the loan is HMDA reportable, then HMDA Data Collection worksheet must be completed. P a g e | 41 HMDA / CRA Reporting| 01/20/2010

FED CRA Code Descriptions – I. FED CRA Loan Type – Code: Explanation: 00 Not FED CRA – Loans secured by 5+ Family real estate with CDL purpose are both HMDA reportable and Community Development loans. HMDA – Loan must be reported on the HMDA register. COMMUNITY DEVELOPMENT LOAN – In excess of $ 1 mill; Purpose consistent with definition of Community Development. 01 SMALL BUSINESS LOAN - $1 Million or Less. Includes Loans and Lines of Credit, Equipment, Commercial Real Estate, Auto or Truck loan to a business or to individual for business purpose. No houses or apartments as collateral. (LETTERS OF CREDIT are reported as 09) 02 FARM LOAN - Loan amount is $500, 000 or Less. Collateral is farmland. 03 OTHER BUSINESS LOAN - Loan amount is $1 Million or Less. Collateral is residential property (houses or apartments) 09 04 HOME EQUITY LOAN - Includes Equity Line, reverse mortgages, and any other Home Equity Loan that is NOT reported on HMDA 05 MOTOR VEHICLE LOAN - Includes New Car, Used Car, Motor Home, Trailers, and Boats for CONSUMERS 06 CREDIT CARD – for a bona-fide credit card. Overdraft lines, even if they come with a Debit Card, are Type 08. 07 OTHER SECURED – For any consumer loan that does not fit any other category and we have collateral 08 OTHER UNSECURED – Overdraft Lines are reported here. ALSO any other Unsecured loan for consumer purpose. OTHER LOAN DATA – Business purpose loans and Construction Loans over $1 Million; Letters of Credit; construction loans under $1 Million that are NOT Community Development. * Codes 04 – 08 are not used. They pertain to consumer lending. P a g e | 42 HMDA / CRA Reporting| 01/20/2010

State CRA Code Descriptions – II. State CRA Loan Type – Code: Explanation: 01 Residential 1 – 4 – Residential 1 -4 family dwellings 02 Residential 5 + -- Multifamily housing units, apartments 03 Housing Rehab – N/A (Used for special purpose Federally approved Housing Rehabilitation projects) 04 Home Improvement – Not used in Commercial lending, Consumer Lending field 05 Small Business Loan – Loans NOT secured by residential real estate in the amount of $1 million or less. 06 Farm Loan – Made to an agricultural entity secured by farmland < $500, 000 07 Community Development – Specific purpose must benefit predominately LMI individuals and the loan cannot be reportable in any other category unless 5+ residential properties. 08 Commercial Loan – Commercial Loans that are not small business loans, and or not secured by 1 – 4 family or 5+ Residential Real Estate. 09 Consumer Loan – N/A, Not used for commercial loans. Consumer lending field 10 All Other – N/A NOT USED * Codes 08 – 09 are not used. They pertain to consumer lending. P a g e | 43 HMDA / CRA Reporting| 01/20/2010

Miscellaneous Descriptions – III. Data Sheet Sections – E: Explanation: 00 Not FED CRA – HMDA Reportable Loan and or Community Development Loan 01 Small Business Loan – Report only loans listed on Schedule RC-C lines 1 e and 4 a, that are $1 million or less 02 Farm Loan – Loans to small farms including agricultural or equestrian purposes where the collateral is farm land 03 Other Business Loan – Report loans in amounts of $ 1 million or less where the collateral is residential property ANDNOT HMDA REPORTABLE 04 – 08 NOT USED – Consumer Loan Codes 09 Business Purpose Loans not reportable elsewhere in an amount in excess of $1 million, construction loans over, equal or less than $ 1 million, including construction loans and letters of credit and loans under $1 million that are NOT Community Development Loans E: Explanation: (Continued) 01, 02, 03, 09 Report address of the main business facility or where the loan proceeds will be used such as a branch office, new location, … Comm. Development 5+ Properties: Reporting Order: Report address where the community benefit will take place such as project location or agency’s address. 5+ Properties that have the primary purpose of LMI benefit are both HMDA and CDL reportable. Use % or # of rental units to determine primary CDL purpose. LMI benefit must be > than non-LMI. A loan is HMDA reportable first, Small Business reportable second, CRE reportable third and CDL reportable last. For Profit Entity: CDL loans to for profit entities are only reportable in amounts > than $1 Mill. Non-Profit Entity: CDL loans to non-profit entities are reportable in any amount if not already reportable as Small Business or CRE or HMDA excluding 5+ LMI properties as indicated below in section “D”. P a g e | 44 HMDA / CRA Reporting| 01/20/2010

Miscellaneous Descriptions – III. Data Sheet Sections – G: Connecticut EZ-Zone Census Tracts If Applicable: BRIST 4061, Portions of 4057. 00, 4058. 00 – * SOUTH Portions of; 4306. 01, 4306. 02, 4302. 01 – * PLAIN Portions of 4205. 00 – * NBRIT Portions of 4166. 00, 4159. 00, 4171. 00, 4155. 00, 4153. 00 * * Enterprise Zones, (EZ) do not have the same boundaries that Census Tracts do. A census tract may contain only a portion of an EZ zone or vice versa. you must check street address location against Census Maps to determine if the property is located in a designated EZ-Zone. H / I: Geo-Code Information and Property Location: HMDA If the loan is secured by the subject property, report the property to which the loan relates. HMDA If the loan is secured by another property, report the property being used as security. Commercial Purpose Non-HMDA loans – Property Location follows where the proceeds are used P a g e | 45 HMDA / CRA Reporting| 01/20/2010

Internal Process – 1. Responsibility of ALL Personnel – ü It is the responsibility of all personnel to ensure that each loan application is properly identified and coded correctly on both the CRA and HMDA LAR if applicable. ü Process to include dual review to verify the integrity of data. ü Use the following steps to ensure compliance; — Step 1 — Step 2 — Step 3 — Step 4 — Step 5 — Step 6 — Step 7 — Step 8 — Step 9 — Step 10 — Step 11 Identify the loan request; document the application date. * Determine the applicability of HMDA / Community Development Complete the CRA Data collection sheet and HMDA collection sheet if applicable Update the CRA and HMDA Data sheets as applicable throughout the processing of the loan HMDA Reportable loans must be tracked and data recorded on all originated and nonoriginated applications CRA only loans only need to track originations Internal Loan documentation is critical CLA’s responsible for verification of data from data collection sheets Commercial Servicing and Review Administrator responsible for input and second verification of data fields on CRA and HMDA LAR. Quarterly Scrub performed on all reported loans and sample of non-reported loans. Quarterly tie out of aggregate loan totals from call report schedule RC-C to trial balance reports. Ø Remember the “Golden Rule” ? ? P a g e | 46 HMDA / CRA Reporting| 01/20/2010

Four Main Aspects That Lead To Success! I. Determine the loan purpose a. b. II. Determine the loan amount a. b. III. Dollar amount applied for Dollar amount granted Identity the borrower a. b. IV. Home Purchase, Home Improvement, Refinance Small Business / Small Farm, Commercial Purpose, (CRE), Community Development Individual / Business Entity For Profit / Not For-Profit Identity the subject property / security a. b. c. d. e. Residential Real Estate Commercial Real Estate Multifamily Housing – 5+ Properties Mixed Use Property / Multiple Properties Non Real Estate Secured “The Golden Rule” P a g e | 47 HMDA / CRA Reporting| 01/20/2010

Document, Document……. . I. Documentation is key to success – a. b. c. d. e. II. Watch your Dates – a. b. c. III. Can’t have application date of 3/1/10 in the file if the credit report date is 2/20/10! When an applicant withdraws a loan request, document it I writing For files closed incomplete, document your efforts to obtain missing information Community Development Loans – a. b. IV. Include full description of purpose and collateral in loan write-ups Must document required information for non-originated HMDA applicable loans Provide specific Community Development purpose when appropriate Update and verify Data Collection sheets often during the processing of the request Verify final entries on Data Collection Sheets after loan consummation Provide specific Community Development purpose in write-up Provide information on what target group receives benefit of loan (LMI) Community Development Service – a. b. c. Determine if donation is CRA qualified before you authorize it Stipulate that donation must be used for CRA qualified purpose when made Obtain purpose letter or letter of intent P a g e | 48 HMDA / CRA Reporting| 01/20/2010