I have a construction loan that is in a company name secured by a mortgage with the president signing the note as president and also signing personally -- not guarantying, but signing the note as officer and personally. The president is refinancing the note into a new loan in his own personal name, paying off the construction loan, because the home has not sold. I'm confused as to the refinance description of "same borrower". Is this HMDA reportable or not because it's not going into the same borrower name but the new borrower was involved with the first loan. Understand?

If I understand correctly, your original note had 2 borrowers, a corporate entity and an individual. The individual is now refinancing in his name only. Because the new loan is in the name of one of the borrowers on the old loan, this meets the 'same borrower' test for a refinance.

Yes, the 1st loan is in the name of "ABC Corp, Inc" with "John Doe" signing as President and on the second borrower line, "John Doe" signs "John Doe, Personally". He does not sign a Guaranty. Is this what you thought I said? So you say yes to HMDA? Thanks!

Yes to HMDA. This is similar to a loan to John and Jane Doe that's refinanced to Jane Doe only.

Thanks....now, what about if he hadn't signed personally.....just signed as President and then signed a Guaranty? Is it him signing personally that makes it HMDA. Or is it because he was associated as President and then the loan goes into the President's personal name?

It's his signing the original loan as an individual that makes it qualify. If he had just signed on behalf of the corporation (as President), even if he signed a separate Guaranty, the new note would not be reportable.

thank you!

If I'm reading this correctly, this is a refi of a construction loan, so it should be reported as a purchase for HMDA, right?

I agree with #12 - you had a construction loan that is now being replaced by permenant financing.
(Set aside the confusion from 2 borrowers & now only 1 borrower & I am assuming this new note to the individual is a perm loan not another temp loan).
This perm loan is reported as a purchase for HMDA.

Let's make it three that agree.
The name issue is moot on this loan.
Construction perm loans are purchases for HMDA, as #12 pointed out.
So this loan is HMDA reportable as a purchase in the individual's name.