Found a couple of missed disclosures in an exam.
If you fail to provide the customer the Home notice as well as the credit score data and it is found later --
do these errors need to be fixed - go back and provide the disclosures? even if quite old?

Because of the timing of the disclosures, it wouldn't matter if you gave them out later or not. You would still be in violation. Best thing to do is document the file that the disclosures weren't given out correctly. If you can show your Examiners that you found the error yourself, they shouldn't be able to use those particular loans in their report.

True, joker. That's why I said "shouldn't" and not "can't." However, unless you get a real stickler of an examiner, they usually give you credit for at least catching the mistake yourself. So I always document the file.

I would urge to insist that when they use a violation I caught in the ROE, that they also credit the compliance program with being effective. But caution, you don't insist unless it was a one time deal or you otherwise instituted some corrective actions to prevent a recurrence.

I agree, Andy.

It has been my experience (and I stress my) that examiners are much more concerned that your monitoring practices in place are effective than with a finding a solitary violation.

I have been blessed with reasonable examiners and cursed with unreasonable ones. Most of the time, they are looking for systemic problems where the compliance program failed. If you catch it, monitor for it and can prove that it is an isolated incident, then it should be a non-issue.

Thank you all for the feed back, but
in this case its not isolated.
Management didnt agree with my reading of the requirements and made thier own decision on how to handle it. Finally I got an opinion from our local regulator that agreed with mine. The violations have occurred over the period of one year against the recommendations/warnings from compliance.

Let them make the cite. Your program was designed to be effective, but was rendered ineffective in this case because of the powers that be. Hopefully, they have learned a lesson which will be reinforced with the exam report, and you will have more credibility in the future.