We recommend contacting the applicant and providing the opportunity to self-report his or her GMI (race, ethnicity and gender). While this will not correct the failure to obtain the GMI at the time of the loan application, it will allow you to demonstrate to examiners that you have attempted to meet the spirit of the GMI requirements by providing the GMI collection form and disclosure at this later date. By sending a copy of the form, you are providing the applicant with an opportunity to self-report, as well as notifying the applicant that if he or she does not wish to self-report, you will be reporting the GMI based on “visual observation or surname.”

When reporting the loan GMI on your loan application register, we recommend reporting that the applicant’s information is self-reported, if applicable. If the applicant does not provide the GMI, we recommend proceeding to report the applicant’s GMI on the basis of the loan officer’s visual observation and the applicant’s surname.

Additionally, we have come across a sample form of a cover letter to use when contacting an applicant for GMI after the applicant has submitted an application. We cannot guarantee that an examiner would find this form acceptable, and it may be prudent to ask your primary federal regulator for approval before using such a letter:

Dear, 

Your application number ____________ issued in ______ falls under the Home Mortgage Disclosure Act, which requires us to collect information on your race, ethnicity and gender. We did not provide the information gathering disclosure to you at the time, nor did we gather the necessary information required. (Name of Bank) asks that you assist us in complying with this regulation by completing, signing and returning the information below.

If you have any question please contact us at (Bank’s Phone Number).

Thank you.

Loan Officer’s Signature

[INSERT REGULATION B SAMPLE DATA COLLECTION FORM]

For resources related to our guidance, please see:

• Regulation C, Appendix B (“A. You must ask the applicant for this information (but you cannot require the applicant to provide it) whether the application is taken in person, by mail or telephone, or on the internet. . . .”)

• Regulation C, Appendix B (“B. Inform the applicant that the Federal government requests this information in order to monitor compliance with Federal statutes that prohibit lenders from discriminating against applicants on these bases. Inform the applicant that if the information is not provided where the application is taken in person, you are required to note the data on the basis of visual observation or surname.”)

• Regulation C, Appendix B (“C. You must offer the applicant the option of selecting one or more racial designations.”)

• Regulation C, Appendix B (“D. If the applicant chooses not to provide the information for an application taken in person, note this fact on the form and then note the applicant’s ethnicity, race, and sex on the basis of visual observation and surname, to the extent possible.”)