The application is to purchase a primary residence; the lender did not collect the monitoring information (surprise) however the application/loan, etc is being handled by an attorney in fact for the borrwer; how would you gather this information for the borrower? The applicant has been a customer of the bank for approx. 10 years.... Thanks for your help on this one..

I just finished a mortgage compliance audit so I can answer this one. Look at 202.13(b). "The applicants shall be asked but not required to supply the requested information. If the applicant chooses not to provide the information or any part of it, that fact shall be noted on the form. The creditor should also note on the form, to the extent possible, the ethnicity, race, and sex of the applicants on the basis of visual observation and surname."

If the customer has been with the Bank for 10 years you are obviously familiar with him/her. I would note on the application that the customer did not provide the information and note that the Bank provided it, to the extent possible.

But whose information would he have collected; the attorney in fact that was signing for the borrower or the person actually signing (attorney in fact)? thanks