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#2267771 - 03/16/22 07:05 PM RFPA Certificate?
Learned Hand Offline
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My understanding is that government authorities are supposed to submit a certificate to the bank stating that it has complied with all applicable provisions of the RFPA. Once we get that certificate, then we can provide the applicant/borrower's financial records to the government authority.

Does anyone get these certificates at the loan level? Or do the agencies give some sort of blanket certification that applies to all future loan applications?

I've been searching through our HUD/FHA loans, and all I've been able to find are disclosures made to the applicant (the HUD Addendum to the URLA; an FHA/VA notice to applicants). I don't see any document in which the agency certifies to us that it has complied with all applicable provisions of the RFPA.

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General Discussion
#2267773 - 03/16/22 07:07 PM Re: RFPA Certificate? Learned Hand
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 79,293
Galveston, TX
What does a loan application have to do with a request for financial records?

Also refer to

Sec 3413

(h) Disclosure pursuant to lawful proceeding, investigation, etc., directed at financial institution or legal entity or consideration or administration respecting Government loans, loan guarantees, etc.
Last edited by rlcarey; 03/16/22 07:09 PM.
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#2267871 - 03/18/22 02:31 PM Re: RFPA Certificate? Learned Hand
Learned Hand Offline
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Section 3413(h)(2) is where the requirement is that I'm talking about:

"When financial records are sought pursuant to this subsection, the Government authority shall submit to the financial institution the certificate required by section 3403(b) of this title. For access pursuant to paragraph (1)(B), no further certification shall be required for subsequent access by the certifying Government authority during the term of the loan, loan guaranty, or loan insurance agreement."

I've found the written notices provided to the applicant that are required by Section 3413(h)(3), but not the certificate required by subsection (h)(2).

As for the applicability to applications, I presumed that was part of the "consideration or administration of assistance...in the form of a Government loan" described in Section 3413(h)(1)(B). I figured that reading was supported by the fact that the subsection (h)(3) disclosure is included in the HUD Addendum to the URLA.

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#2267875 - 03/18/22 02:47 PM Re: RFPA Certificate? Learned Hand
rlcarey Online
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rlcarey
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Posts: 79,293
Galveston, TX
That is correct, (h)(3) is a standalone and there is no certificate required if the customer is applying for a loan under a federal government program.

(3) After the effective date of this chapter, whenever a customer applies for participation in a Government loan, loan guaranty, or loan insurance program, the Government authority administering such program shall give the customer written notice of the authority's access rights under this subsection. No further notification shall be required for subsequent access by that authority during the term of the loan, loan guaranty, or loan insurance agreement.

For example, on SBA application, the disclosure would be included, see page 6: https://www.sba.gov/sites/default/f...0Refi%20EAA%20Updates%208-3-2021-508.pdf
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#2267885 - 03/18/22 04:23 PM Re: RFPA Certificate? Learned Hand
Learned Hand Offline
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Joined: Feb 2019
Posts: 36
I see nothing in the language of the statute indicating that the customer notice provided pursuant to (h)(3) takes the place of the certification to the financial institution required by (h)(2), as they are two different things going to two different audiences. But, if that's the way it's been interpreted and no one expects to receive the certification in the context of government loans/guarantees/insurance programs, that works for me.

Based on the statutory language not necessarily lining up with standard practice, I guess I should also ask:

Is it generally accepted that the requirement in subsection (h)(6) that the financial institution keep records of all disclosures made in connection with a government authority's consideration/administration of a government loan/guarantee/insurance program apply to disclosures made after the customer notice in (h)(3)?

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