Need assistance with this one:
A family member is living with their mother and the mother passes away leaving the estate to that family member living in the home. If the family member was not on the loan with the mother wants to finance the property would that be treated as a refinance or a purchase transaction?

From your post the house appears to still be part of the estate. Until the court approves the estate to transfer ownership to the family member, or gives authority for the estate to refinance the property you have no legal authority to make a loan to the family member secured by the home. The family member does not yet own it.

You may need to consult your attorney or one that is familiar with your state's estate rules.

This will not be a refinancing, loan not to the same borrower, and it most likely won't be a purchase either unless the family member has to purchase the home from the estate.

I think it is a purchase. If the family member is not currently obligated on the loan, they cannot refinance it.

Unless the family member literally has to pay the estate to purchase the home then it will not be a purchase.

If the estate as part of its settlement transfers ownership to the family member then there is no purchase involved. If the family member cannot pay the current obligation on the home they will have to take out a new obligation to pay the existing one. Since the new obligation will not be to the same borrower it does not meet the refinancing definition.

In all probability this transaction when it takes place will not be a reportable one.

The ownership has already been granted to the family member and the deed reflects them in title. From what I am gathering the new loan will payoff the mother's old loan at another institution and the new loan will be in this family members name only. It is not technically a purchase or a refinance so would it be HMDA reportable?

It is not technically a purchase or a refinance so would it be HMDA reportable?

If it's not a refinance or purchase then it's not reportable.