The entity that makes the credit decision on a loan application is responsible for reporting that application. As explained in the rule’s staff commentary, the institution that makes a credit decision on a loan application reports the application, “regardless of whose name the loan closes in.” Official Interpretations, 12 CFR 1003, Paragraph 1(c), Comment 2see also Consumer Compliance Outlook, HMDA and CRA Data Reporting: Questions and Answers (Second Quarter, 2011). Even if you are using underwriting criteria set by an investor (Freddie Mac in this situation), your institution is responsible for reporting loan applications if your institution makes credit decisions without Freddie’s review prior to closing:

“If a broker makes a credit decision based on underwriting criteria set by an investor, but without the investor’s review prior to closing, the broker has made the credit decision. The broker reports as an origination a loan that it approves and closes, and reports as a denial an application that it turns down (either because the application does not meet the investor’s underwriting guidelines or for some other reason). The investor reports as purchases only those loans it purchases.”

                Official Interpretations, 12 CFR 1003, Paragraph 1(c), Comment 4.