I am a new compliance officer and in the process of developing a procedure pertaining to ID theft. How do some institutions handle holds on accounts for customers that are a victim of identity theft (FACT ACT)? I know that we could close the deposit account that is affected by the ID theft and reopen a new one, but what about the other deposit accounts the customer has with our institution?
I have read the FACT and FCRA guidelines, but find them confusing when it comes to sharing information with affiliates. I find reference to a proposal that would cause the need for a privacy notice with an opt out provision, but cannot find that it actually went into effect. Here is my scenario. Bank A and Mortgage Co. B are owned by the same holding company. Bank A receives a loan application. In order to provide the customer/consumer with the best loan product, Bank A would like to share the application and credit bureau information with Mortgage Co. B. Does Bank A have to provide a privacy notice with an opt out provision or would the sharing of information be considered exempt under the marketing exemption?
I understand according to FACTA, a notice to the Home Loan Applicant disclosing credit score information is required, if a consumer applicant applies for an open or closed end credit that will be secured by 1 to 4 family residential real property. Our Bank automatically acquires this notice through our credit bureau reporting agency when credit is pulled. However, our procedures allow a Lender to utilize a credit report that has previously been pulled for some other transaction, as long as it is not older than a designated time frame. This may present a problem for us, since we do not need to pull credit on that customer to make a credit decision on this new real estate transaction. But, as part of our underwriting tool we are taking into consideration the contents and credit score of the previously pulled credit report. If we did not pull a new credit report, and obtain a new credit score to underwrite this new real estate transaction, are we still required to give the FACTA notice to the applicants?
When sending a negative information disclosure for FACTA Section 212, does a notice need to be sent to each individual on the account? A compliance source stated that a negative disclosure needs to be sent to each individual on the account, in separate envelopes.
Has a model form been issued for the FACTA Risk-based pricing notice yet? We just starting using credit scores for our loan pricing and want to be sure we have all of the proper disclosures.
I am in the process of updating my loan policy to reflect recent changes to FACTA and predatory lending. I was going to just add a general statement to the policy stating that we comply with the changes in the FACT Act. Should I elaborate more in my policy and do I need to outline the entire Act in my procedures? What recent changes that I may have missed that need to be added to adjusted to my policy?
Under FACTA, would a Notice To Home Loan Applicant and associated credit score information be necessary on a loan to finance construction of the consumer/borrower's primary residence?
Can our Lending department use a credit report from our mortgage department to offer a pre-approval Home Equity to a customer? Is there a section in the FACT Act that addresses this and can you refer me?
Under the FACTA, if a residential mortgage loan applicant has no credit score (a non-resident alien, for example), would the Notice to Homeowner and disclosure requirement be waived?
If we do not report any negative information for loans or credit cards what parts of FACTA are important for us to comply with?