Cal. Code Regs. tit. 21 § 7118

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 7118 - Compilation of Loan Data
(a) A lender shall compile data on the number and total dollar amount of loan applications and loans made for each calendar year beginning with the calendar year 1990.
(b) The data shall be compiled separately for loan applications and loan originations using the Residential Mortgage Loan Report form set forth in Section 7120 and shall be itemized as follows:
(1) The data shall be itemized by Metropolitan Statistical Area (MSA). Within each MSA, the data shall be further itemized by the census tract in which the property is located, except that:
(A) If the property is located in a county with a population of 30,000 or less (according to 1990 Census of Population, General Population, Characteristics of Inhabitants, CP90-1-1, Prepared by the Bureau of Census, Department of Commerce) or in an area which has not been assigned census tracts, itemization by county shall be used instead of itemization by census tract.
(B) If the property is located outside any MSA, or is located in an MSA in which the lender does not have a place of business, no itemization (by MSA, county or census tract) is required and the data for all such loans shall instead be listed as an aggregate sum.
(2) The data within each geographic category described in paragraph (b)(1) of this section shall be further itemized as follows:
(A) FHA, FmHA and VA applications received and loans made on one- to four-unit dwellings;
(B) Other home purchase (conventional) loan applications received and loans made on one- to four-unit dwellings;
(C) Home improvement loan applications received and loans made on one- to four-unit dwellings;
(D) Total loan applications received and loans made on one- to four-unit dwellings (from category (C) above) made to any borrower who did not, at the time of the loan application, intend to use the property as a principal dwelling. This information is not required for applications or loans on property in the outside-MSAs category described in paragraph (b)(1)(B) of this section.
(c) A lender shall not disclose loan data for:
(1) Loans applied for or made on unimproved land;
(2) Refinancings applied for or that the lender makes if there is no increase in the principal that is outstanding on the existing loan at the time of the refinancing and if the lender and the borrower are the same parties on the existing loan and the refinancing; or
(3) Loans applied for or made on security of real property located outside the State of California.
(4) Loan applications made to or loans made by a person acting as a trustee or in any other fiduciary capacity.
(d) For purposes of geographic itemization:
(1) A lender shall use the MSA boundaries defined by the U.S. Office of Management and Budget as of the first day of the calendar year for which the data were compiled.
(2) The lender shall use the census tract numbers and boundaries on the census tract maps in the "1990 Census of Population and Housing, Census Tracts, "1990 CPH3" series prepared by the Bureau of Census. If a census tract number is duplicated within an MSA, then the census tract shall also be identified by county, city or town name.

Cal. Code Regs. Tit. 21, § 7118

1. New section filed 8-28-89; operative 9-27-89 (Register 89, No. 37).
2. Change without regulatory effect amending subsections (b)(1)(A) and (d)(2) filed 1-10-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 2).

Note: Authority cited: Section 35814, Health and Safety Code. Reference: Sections 35815 and 35816, Health and Safety Code.

1. New section filed 8-28-89; operative 9-27-89 (Register 89, No. 37).
2. Change without regulatory effect amending subsections (b)(1)(A) and (d)(2) filed 1-10-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 2).