If a borrower calls and wants a mortgage home loan, under the E-sign rules, could the Loan Officer e-mail the regulatory disclosures, Authorization certification, RESPA Servicing, Private Policy, and GFE/TIL to the consumer without first making the LO send an e-mail to the borrower for an electronic consent and have the borrower send it back?
What individual risk assessments is a bank expected to perform? How do the individual risk assessments fit together with an "enterprise risk assessment"?
How do overdraft protection lines of credit pertain to Reg E and error resolution? Do they fall under the same time limits or under a different Reg?
Our lending operations department (not credit card) would like to initiate an EFT through our third party vendor to debit our customer's deposit account to exercise our right to offset for amounts owed on our customer's loan. Our deposit account terms and conditions discloses our right to offset any amounts owed to the bank. We know that generally Reg E, Section 205.3 (c)(5) would allow the bank to electronically transfer funds between a customer's accounts without the customer's specific request under certain circumstances and that the official commentary provides that this exception to Reg E includes the right to initiate "electronic debits or credits to consumer accounts for check charges, stop-payment charges, NSF charges, overdraft charges, provisional credits, error adjustments and similar items that are initiated automatically on the occurrence of certain events." In order to exercise our right to offset electronically, the transaction will need to be processed through our third party vendor. Do we have any Reg E or other regulatory concerns in doing so?
Are there any specific guidelines regarding how long company/business email must be retained?
When a bank owned ATM gives approval for a cash withdrawal transaction on a credit card (not a debit card), but no money was received and the amount shows as a charge on the credit card, who is responsible for filing the report and/or correcting the error?
Our lending department wants to set up an online process where customers can submit a loan inquiry from our Web Site that would include almost all of the information that is on a normal face-to-face application. The information gathered would only be used, and a credit report run, once a face-to-face meeting has occurred. They are looking for a way to speed up the application process for the customer. I would like to know if this is possible or would it be considered that we have really received an application when we receive the information from the Web site?
What are the requirements for e-mail record retention for banks?
We are considering making loans via the internet. I know CIP and internet security need to be arduous. What other considerations and compliance issues are there?
A mortgage company has approached our bank wanting to pay a specific employee a referral fee, if we would forward real estate loan applications we have turned down to them. I do not see how this is a legal process given Section 8 of RESPA's prohibition of referral fees. The only way I can see it would be legal, is if forwarding the application to the mortgage company would not be defined as a settlement service. I think it would be.