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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Our bank recently acquired another bank, and when their CDs are up for renewal, we will be changing the terms (sometimes adversely) to our own current products being offered. My question is: Should we send out our disclosures along with the maturity notices and letter, regardless of the term of the CD?
We were recently advised at the bank, where I am employed, that we must use the Affiliated Business Disclosure on every residential mortgage that we do. We are located in a small town where the majority of the customers we have choose to use the local attorney. I specify choose. Upon an examine we were told that it looked like we were making the customers use this particular attorney and that we had to give the Affiliated Disclosure on each an every mortgage because one of the attorneys is a board of director for our Holding company. Now, since we are doing this and a customer has chosen another attorney, it looks like we are soliciting for the local attorney. Do we indeed have to give this to every mortgage customer?
On a refinance of a dwelling loan plus new money for debt consolidation, should this be reported as HMDA? In the publication A Guide to HMDA Reporting Getting it Right! pg A-6 "B" (1) Data to be excluded: Loans that, although secured by real estate, are made for purposes other than home purchase, home improvements or refinancing (for example, do not report a loan secured by residential real property for purposes of financing college tuition, a vacation, or goods for business inventory). This says to me that if the new money over the amount of the loan you are paying off is not for home improvement DO NOT report. However, appendix D of the publication mentioned above pg D-2 #2 Meaning of refinancing (iii) Assume that the new obligation is a refinancing of a home purchase or home improvement loans only if the new obligation will be secured by a lien on a dwelling. So is this saying, it does not matter what the purpose of any new money is for, if the old loan was secured by the dwelling and the new loan is secured by the dwelling, it is HMDA? As you can see, confusion rules with HMDA.
Do you know of any regulations that would prohibit a thrift from paying referral fees (equal to 25 basis points) to a lumber company for referring speculative construction loan business to the thrift? These are commercial ventures.
Do you have a sample form for the notice HOUSING AND URBAN DEVELOPMENT ACT for past due mortgage loans?
We have a discussion going on regarding RESPA as to having to disclose an appraisal fee as POC when lenders use a prior appraisal on file or one the customer may have obtained year(s) ago or when lenders do an in-house appraisal/evaluation. There is no cost to the customer. Lenders state they are not requiring an appraisal but use the appraised value in their credit analysis. The key word here is REQUIRE. An FDIC Examiner stated that if you use a prior appraisal or do an in-house evaluation(we do not charge) that you should show a cost as POC. His reasoning is there was a cost to the customer at one time. The Examiner referred me to FIL-45-2000, Q and A #7,#4, #8. One of our lenders attended a seminar on RESPA and ask this question. The instructor stated he had never heard of such a thing.
Will we need to obtain a copy of a driver license for a guarantor on a loan?
Our bank originates, funds and closes 1st mortgage loans. At closing the loans are immediately assigned to a secondary market investor/purchaser. Should the YSP (yield spread premium) received by our institution be listed on the HUD 1 Settlement Statement? The premium is known at time of application and rate lock in with investor.
On a nonescrowed, residential mortgage, do the hazard insurance and property taxes need to be disclosed on the GFE?
We do not want to make any highcost home loans under any state laws or under HOEPA. If we do a rate and fees test during the processing of a loan application and determine that it does meet a highcost loan test, can we deny a loan on the basis that we do not want to make a loan that is subject to HOEPA or other highcost home loan restrictions or must we lower our rate and/or fees to avoid coverage?