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#1814944 - 05/16/13 03:55 PM Reg B. Notification at Application
fmissle Offline
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Joined: Jul 2007
Posts: 1,016
Pac NW
We are a small bank. I'm working on getting some procedures more formally installed. One of the items I'm looking at is a commercial application which will provide some certain disclosures (CIP, signature area for authorization to pull credit, etc.) that we are not consistent on at this point.

If I include the information from Model Form C-8 on the application:
Quote:
If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact [name, address and telephone number of the person or office from which the statement of reasons can be obtained] within 60 days from the date you are notified of our decision. We will send you a written statement of reasons for the denial within 30 days of receiving your request for the statement.

Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that administers compliance with this law concerning this creditor is [name and address as specified by the appropriate agency listed in appendix A]


Does this satisfy our written notification requirements under Reg B for all business credit, as long as we then provide the decision orally? I’ve never used this process before, and it just seems to easy.
Anyone else use this section to comply?

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#1815129 - 05/16/13 08:20 PM Re: Reg B. Notification at Application fmissle
Norman Paperman Offline
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Norman Paperman
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My vote would be no. I think you might get away with saying you provided the notice orally for applicants with <$1MM in revenues but for those with >$1MM you will need to be able to furnish a written AAN, however informal.

I require an officer's memo on all commercial AAN and a copy of the formal AAN on those over $1MM.
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#1815157 - 05/16/13 08:49 PM Re: Reg B. Notification at Application fmissle
Dan Persfull Offline
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Dan Persfull
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Posts: 47,530
Bloomington, IN
Doyoucanoe, the information you quoted above must be given in a form the applicant can retain. If you include the above on a tear-off portion of the application that can be given to the applicant then you would be compliant, providing the applicant is actually getting the tear-off.

From 1002.4:

(d) Form of disclosures. (1) General rule. A creditor that provides in writing any disclosures or information required by this part must provide the disclosures in a clear and conspicuous manner and, except for the disclosures required by §§1002.5 and 1002.13, in a form the applicant may retain.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1815178 - 05/16/13 09:38 PM Re: Reg B. Notification at Application fmissle
fmissle Offline
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Joined: Jul 2007
Posts: 1,016
Pac NW
Dan, that makes perfect sense. I neglected the "in a form the applicant may retain."

Perhaps I can add that as page two and have the signature disclosure acknowledge that they received that page?

Garret01, you're looking at this section right?
Quote:
(ii) With regard to a business that had gross revenues in excess of $1 million in its preceding fiscal year or an extension of trade credit, credit incident to a factoring agreement, or other similar types of business credit, a creditor shall:

(A) Notify the applicant, within a reasonable time, orally or in writing, of the action taken; and

(B) Provide a written statement of the reasons for adverse action and the ECOA notice specified in paragraph (b)(1) of this section if the applicant makes a written request for the reasons within 60 days of the creditor's notification.


I guess my interpretation was that we only need to provide the ECOA and reasons in a written form if they request it (after the officer has provided an oral notice).

This is all coming about because I’m having a hard time keeping officers on track with then they receive a complete application, and how they work with these applicants. They may be back and forth on deals for structuring, collateral, etc. and not even submit for an approval before the 30 days is up. Then I have to convince them to send an Counter Offer/AA Notification while they continue to work it, etc.

Maybe back to the drawing board on this.
Maybe I’ll just track it myself and work off of that. I just hate to mess up Reg B. Adverse Action regulations because they’re really pretty easy to comply with (compared to some others anyway)

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#1815182 - 05/16/13 10:00 PM Re: Reg B. Notification at Application fmissle
Norman Paperman Offline
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Norman Paperman
Joined: Aug 2012
Posts: 1,700
48.934476, -114.343735
doyoucanoe: You are correct. Your interpretation is correct. We just take it a step further at my shop.

We just send it out at the get to so that we don't have to monitor whether or not we receive the request 60 days down the road. Seems more formal too.
_________________________
Maybe you just wanna fly the plane yourself. Well good luck pressing take off, then auto pilot, then land.


CRCM

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#1815222 - 05/17/13 12:54 PM Re: Reg B. Notification at Application fmissle
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Doyoucanoe, as Garrett states you are on the right track. We also send the AAN on our business credits but we are a small (less than $200MM) community bank and the number of businesses we deal with that have gross revenues above $1MM I can count on one hand and still have a finger or two left.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1823867 - 06/14/13 08:52 PM Re: Reg B. Notification at Application fmissle
compliancequeeni Offline
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Joined: May 2012
Posts: 9
Omaha, NE
Does a counter offer need to be in a form that the applicant can keep? We are trying to determine if a memo in the file, or a string of emails is sufficient.

Also, our mortgage department is only wholesale, therefore we refer to them as mortgage brokers. Here is my question: if an applicant applies with our mortgage dept for a mortgage loan, but they are denied, can our mortgage department offer a couteroffer and take the application over to the in-house lending department? I am thinking these are two different financial institutions and counteroffers cannot exist between the two. I just need verification of my logic.

Thanks!

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#1823965 - 06/15/13 11:05 PM Re: Reg B. Notification at Application fmissle
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
our mortgage department - these are two different financial institutions

I think you have a little re-thinking to do on your approach to mortgage lending within your organization.
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