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#428919 - 09/26/05 02:09 PM Adverse Action regulatory body
bankulator Offline
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Joined: Jul 2005
Posts: 13
I'm trying to determine "the name and address of the federal agency that administers compliance" for Adverse Action notices pursuant to 202.9(a)(2)in the following scenario.

Hometown Bank (HB) is a state chartered bank whose primary regulatory agency is the FDIC. Hometown Finance Company (HFC) which primarily offers subprime mortgages is a wholly owned subsidiary of HB and is a state licensed finance company. Should HFC list the FDIC as its federal regulatory agency that adminsters compliance for Reg B purposes or the FTC?

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General Discussion
#428920 - 09/26/05 07:30 PM Re: Adverse Action regulatory body
JSD Offline
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JSD
Joined: Oct 2000
Posts: 512
USA
Who regulates HFC - we have a similiar situation and the FTC is what is disclosed.

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#428921 - 10/05/05 02:43 PM Re: Adverse Action regulatory body
Anonymous
Unregistered

FTC sounds correct. But, the state may have something too since it is a state licensed lending company.

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#428922 - 10/05/05 05:10 PM Re: Adverse Action regulatory body
bankulator Offline
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Joined: Jul 2005
Posts: 13
JSD's question dealt with who regulates HFC (state licensed mortgage or finance company which is a wholly owned subsidiary of a state chartered bank subject to FDIC examination). I'm not an attorney and would not pretend to understand the licensing mechanisms for mortgage or finance companies. HFC likely has to apply to state banking comissions in those states in which it hopes to do business so in a sense is regulated by those individual states as well. I also think the FTC is, by design or default, the traditional banking regulatory agency for mortgage and finance companies. However, as a former regulator, I would think that the primary federal banking regulatory agency (FDIC) of the parent bank (Hometown Bank in my earlier example)COULD be construed to be the "federal agency that administers compliance with respect to the creditor" in respect to the content notification requirements within 202.9(a)(2). I feel that the FTC should be shown on AA notices as the primary regulator only when its a true standalone company and NOT a wholly-owned sub of a bank.

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#428923 - 10/05/05 06:03 PM Re: Adverse Action regulatory body
Anonymous
Unregistered

Quote:

HFC likely has to apply to state banking comissions in those states in which it hopes to do business so in a sense is regulated by those individual states as well. I also think the FTC is, by design or default, the traditional banking regulatory agency for mortgage and finance companies. However, as a former regulator, I would think that the primary federal banking regulatory agency (FDIC) of the parent bank (Hometown Bank in my earlier example)COULD be construed to be the "federal agency that administers compliance with respect to the creditor" in respect to the content notification requirements within 202.9(a)(2). I feel that the FTC should be shown on AA notices as the primary regulator only when its a true standalone company and NOT a wholly-owned sub of a bank.




The state(s) do regulate it....not in a "sense", but by legislative and licensing powers. And unless it is a small, one state financing company, it could be regulated by many states requiring it to become licensed to do business in the state. Also, some states license this type of company out of its Insurance Commissioner office vs its Banking Commissioner office.
Before dropping FTC from the notices, I would recommend legal counsel and/or opinion from FDIC and FTC. Today's environment is not a good one to be wrong on adverse actions.
Maybe JSD can shed light on state licensing.

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#428924 - 10/05/05 08:53 PM Re: Adverse Action regulatory body
JSD Offline
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JSD
Joined: Oct 2000
Posts: 512
USA
Sorry, but I would be of no value regarding state licensing.

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