(a) Each bank shall make all information collected under Secs. 27.3 and 27.4 available for review at the bank to national bank examiners upon request.
(b) Prior to a scheduled bank examination, the Comptroller may request the information maintained under Sec. 27.3(a). A bank required to maintain information under Sec. 27.3(a)(2) shall submit the information to the Comptroller on the form prescribed in appendix I of this part. A bank which is exempt from maintaining the information required under Sec. 27.3(a) shall notify the Comptroller of this fact in writing within 30 calendar days of its receipt of the Comptroller's request.
(c) If, upon review of the information maintained under Sec. 27.3(a), the Comptroller determines that statistical analysis prior to examination is warranted, the bank will be notified.
(1) Within 30 calendar days after receipt of notification from the Comptroller, the bank shall submit, for application records specified by the Comptroller, completed Home Loan Data Submission Forms (set forth as appendix IV). The Comptroller may, upon the request of a bank and for good reason, extend the 30-day period.
(2) The number of Home Loan Data Submission Forms requested by the Comptroller will not exceed 250 per decision center, or 2,000 per bank with multiple decision centers, unless there is cause to believe that a bank is not in compliance with fair housing laws based on examination findings or substantiated complaints, among other factors.
(3) A bank with fewer than 75 home loan applications in the preceding year will not be required to submit such forms unless:
(i) The home loan activity is concentrated in the few months preceding the request for data, indicating the likelihood of increased activity over the subsequent year, or
(ii) There is cause to believe that a bank is not in compliance with the fair housing laws based on prior examinations and/or complaints, among other factors.
(d) If there is cause to believe that a bank is in noncompliance with fair housing laws, the Comptroller may require submission of additional Home Loan Data Submission Forms. The Comptroller may also require submission of the information maintained under Sec. 27.3(a) and Home Loan Data Submission Forms at more frequent intervals than specified in paragraphs (b) and (c) of this section. [44 FR 63089, Nov. 2, 1979, as amended at 59 FR 26415, May 20, 1994]
Sec. Appendix I to Part 27--Monthly Home Loan Activity Format[GRAPHIC] [TIFF OMITTED] TC22SE91.001
Sec. Appendix II to Part 27--Information for Government Monitoring
Purposes
The following language is approved by the Comptroller of the Currency and will satisfy the requirements of 12 CFR part 27. It may be inserted to complete the ``Information for Government Monitoring Purposes'' section of the Residential Loan Application Form (FHLMC Form 65/FNMA 1003) or may be used separately. This information may also be provided orally by the applicant.
The following information is requested by the Federal Government if this loan is related to a dwelling, in order to monitor the lender's compliance with equal credit opportunity and fair housing laws. You are not required to furnish this information, but are encourage to do so. The law provides that a lender may neither discriminate on the basis of this information, nor on whether you choose to furnish it. However, if you choose not to furnish it, under Federal regulations this lender is required to note race and sex on the basis of visual observation or surname. If you do not wish to furnish the above information, please initial below.
Borrower
I do not wish to furnish this information (initial)____.
Race/National Origin
[squ] American Indian or Alaskan Native
[squ] Asian or Pacific Islander
[squ] Black, not of Hispanic origin
[squ] Hispanic
[squ] White, not of Hispanic origin
[squ] Other (specify)____
Sex
[squ] Female
[squ] Male
Co-borrower
I do not wish to furnish this information (initial)____.
Race/National Origin
[squ] American Indian or Alaskan Native
[squ] Asian or Pacific Islander
[squ] Black, not of Hispanic origin
[squ] Hispanic
[squ] White, not of Hispanic origin
[squ] Other (specify)____
Sex
[squ] Female
[squ] Male [59 FR 26415, May 20, 1994]
Sec. Appendix III to Part 27--Fair Housing Lending Inquiry/Application
Log Sheet[GRAPHIC] [TIFF OMITTED] TR20MY94.003 [59 FR 26417, May 20, 1994]
Sec. Appendix IV to Part 27--Home Loan Data Submission[GRAPHIC] [TIFF OMITTED] TR21JN94.003 [GRAPHIC] [TIFF OMITTED] TR21JN94.004 [59 FR 31925, June 21, 1994]