David's banking career began as a field examiner for the FDIC in 1990. He later became a Loan Officer for a small bank. In 1993, he established Banker's Compliance Consulting. Along with his amazingly talented Team, he has written numerous compliance articles for prestigious banking publications and has developed compliance seminars that Banker's Compliance Consulting produces.
He is an expert in compliance regulations. He is also a motivational speaker and innovative educator. His quick wit and sense of humor transforms the usually tiring topic of compliance into an enjoyable educational experience. David is on the faculty of the Center for Financial Training, the American Bankers Association National Compliance Schools and is a frequent speaker at the ABA's Regulatory Compliance Conference. David is also a trainer for hundreds of webinars, is a Certified Regulatory Compliance Manager (CRCM) and has been a BankersOnline Guru for many years. The American Bankers Association honored David with their Distinguished Service Award in 2016.
David and his wife Karen have 3 adult children (none of whom live at home!) & 3 cats (which Dave is allergic to). They live on a lake in Nebraska and when possible, Dave can be found fishing or in the water. David plays the guitar & piano and enjoys singing with Karen. Together they lead worship at their church.
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Lending & Operations Compliance Matrices
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Training the Trainer Materials
For banks that provide combined ECOA-FCRA disclosures, is it standard practice to “Check the 1st Box” and provide FCRA credit score information if the decline reason is not based on the consumer report, but some other factor? (i.e. insufficient collateral, product not offered, out of lending area) Do other banks do this?
We understand that we do NOT have to “Check the 1st box” and provide credit score information if it was NOT used in making the adverse decision, but what would be the risk to provide this information in the above cases?
I have a client (a lender) who orders their credit reports from "XYZ Data" and when a loan is declined, they list Equifax on their Adverse Action
Notice (with appropriate address and phone number) and they have now been told that because "XYZ Data" is considered a reseller of credit under the
FCRA 603(u) that they should also list XYZ Data (along with its name and telephone number) on the Adverse Action Notice. Is this true?
When collecting HMDA information on declined consumer loans, what is the source document for verifying the number of units? Are we OK to use the
application where the client indicates the number of units since we do not have an appraisal or do we need to verify using a tax card? Since it's a
decline I wasn't sure what the source document would be.
Our main bank location had a separate building that served as the drive-thru for the branch. This drive-thru was viewed as a "limited service branch" by
regulators. We recently installed two Interactive Teller Machines (ITMs) in the drive-thru lanes and closed the building. Does this constitute closing
a branch, or, does it remain as a "limited service branch" since the ITMs perform all of the same functions that the building previously provided?
Does a flood notice have to be signed?
The bank provided a construction loan to a borrower to build a dwelling. Along with the temporary financing the bank also provided a loan estimate
for a permanent loan. This was done to make sure the borrower had all the pertinent information to make a decision about the new construction as well
as due diligence by the bank to be certain the borrower will qualify for the end mortgage.
Is it considered a HMDA reportable transaction as a withdrawn application if the bank provided the loan estimate for permanent financing? The
construction loan was taken out by a permanent mortgage in the secondary market loan and not the in-house mortgage that the loan estimate referred
For Reg C, which date do you use as the beginning date to calculate the intro rate period, the origination date of the loan or the first payment date?
Are we required to have an intent to proceed on commercial purpose loans?
Per Reg CC, a banking day is defined as any business day (up to the bank's cut-off hours) when your institution is open for substantially all of its banking activities. Reg CC measures availability of funds in business days.
Are we, the bank, allowed any time from open of business to 3:00 pm (our cut off time) to release a hold? Our disclosure goes over the terms Business Day and Banking Day. But under the delay we use Business Day. So should the funds be available the start of business day the hold is removed?
I'm trying to determine if this commercial loan is HMDA reportable. The borrower is purchasing 295 acres. This mostly vacant land is used primarily for hunting however, there are two dwellings on the property. My question is, can this property be considered primarily agricultural? Referring to Reg. Z guidance on what is considered agricultural, fishing would fit this category but there is no mention of hunting. I wanted to get other opinions as we are leaning towards this being reportable.