As we reported last week, January 1st is when several compliance-related thresholds take effect. The CFPB was slower than usual getting a few of those out this year, but they finally got around to on January 7th.
HMDA Threshold
The asset-size threshold used to determine HMDA (12 CFR 1003) applicability has increased to $59 million. Banks, savings associations and credit unions with assets at or below $59 million at the end of 2025 are exempt from HMDA data collection requirements in 2026. The threshold was previously $58 million. Please note, asset size is just one of several criteria used to determine HMDA applicability.
Qualified Mortgage “Small Creditor” Thresholds
The asset threshold used to determine small creditor status under Regulation Z is now $2.785 billion. This is up from $2.717 billion in 2025. This threshold comes into play for the Ability to Repay/Qualified Mortgage rules under §1026.43 and the HPML escrow account exemption under §1026.35(b)(2)(iii)(C).
Escrow Account Exemption
The asset threshold to exempt certain creditors from establishing an escrow account for an HPML is now $12.485 billion, which is up from $12.179 billion in 2025. This exemption is also dependent on a loan volume test; rural/underserved area service test; and escrow account test.
For more on other threshold changes, refer to the January edition of our Banking on BCC Magazine.
Published
2026/01/07
