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12/06/2019

OCC lists 10 Outstanding CRA evals

The OCC yesterday released a list of Community Reinvestment Act (CRA) performance evaluations that became public in November. Of the 22 evaluations listed, 12 are rated "Satisfactory" and these ten are rated "Outstanding" (links are to their evaluations):

12/06/2019

Mnuchin discusses FSOC report with House Financial Services Committee

Treasury Secretary Mnuchin presented the Financial Stability Oversight Council (FSOC) 2019 annual report and other priorities of the Treasury Department to members of the House Committee on Financial Services yesterday. He noted that, since the publication of the Council’s last annual report in December 2018, the U.S. economy has continued to perform extremely well. Economic growth in the United States far exceeds that of U.S. G7 trading partners, and unemployment rates are near a 50-year low, including unemployment levels at or near all-time lows for African Americans, Hispanic Americans, Asian Americans, and women. Wages are rising faster for hardworking families; corporate and consumer delinquency and default rates are low; and financial conditions remain stable. He also stated, “The report also provides a strong message to market participants about the need to prepare for the transition away from LIBOR as a reference rate. Failure to prepare adequately could cause significant disruptions across financial markets and to borrowers, given the widespread use of LIBOR in financial instruments.”

12/05/2019

FDIC lists CRA eval ratings

The FDIC has issued a list of 71 state nonmember banks to which the FDIC assigned Community Reinvestment Act evaluation ratings in September 2019. A bank in Connecticut received a "Needs to Improve" rating. The other 70 banks received "Satisfactory" ratings.

12/04/2019

Major disaster support continued by HUD

HUD has announced the allocation of over $2.3 billion to support the long-term disaster recovery process in hard-hit areas in fifteen states, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, American Samoa and the Commonwealth of the Northern Mariana Islands through its Community Development Block Grant-Disaster Recovery (CDBG-DR) program.

12/04/2019

Statement on use of alternative data in credit underwriting

Five Federal financial regulatory agencies—the Fed, the CFPB, the FDIC, the OCC and the NCUA— have issued an "Interagency Statement on the Use of Alternative Data in Credit Underwriting" by banks, credit unions, and non-bank financial firms.

The statement notes the benefits that using alternative data may provide to consumers, such as expanding access to credit and enabling consumers to obtain additional products and more favorable pricing and terms. The statement explains that a well-designed compliance management program provides for a thorough analysis of relevant consumer protection laws and regulations to ensure firms understand the opportunities, risks, and compliance requirements before using alternative data.

Alternative data includes information not typically found in consumers’ credit reports or customarily provided by consumers when applying for credit. Alternative data include cash flow data derived from consumers’ bank account records.

12/04/2019

Agencies clarify guidance for banking hemp-related businesses

On Tuesday, December 3, the Board of Governors, FDIC, FinCEN, OCC, and the Conference of State Bank Supervisors jointly released a statement, "Joint Guidance on Providing Financial Services to Customers Engaged in Hemp-Related Businesses," clarifying the legal status of hemp growth and production, and the relevant requirements under the Bank Secrecy Act for banks providing services to hemp-related businesses. The statement—

  • emphasizes that banks are no longer required to file SARs for customers solely because they are engaged in the growth or cultivation of hemp in accordance with applicable laws and regulations. For hemp-related customers, banks are expected to follow standard SAR procedures, and file a SAR if signs of suspicious activity warrant filing.
  • provides banks with background information on the legal status of hemp, the USDA's interim final rule on the production of hemp, and the BSA considerations when providing banking services to hemp-related businesses.
  • indicates that FinCEN will issue additional guidance after further reviewing and evaluating the USDA interim final rule.

12/03/2019

FHFA report on non-performing loan sales

The Federal Housing Finance Agency has released its latest report on the sale of non-performing loans by Fannie Mae and Freddie Mac. The report includes information about NPLs sold through June 30, 2019, and reflects borrower outcomes on NPLs sold through December 31, 2018, and reported through June 30, 2019. The report shows that, through June 30, 2019, the Enterprises sold 117,466 NPLs with a total unpaid principal balance of $22.2 billion. While the Enterprises conducted NPL sales in the first half of 2019, none of the sales settled by the end of the reporting period.

  • NPLs sold had an average delinquency of 3.0 years and an average loan-to-value ratio of 92 percent.
  • NPLs in New Jersey, New York and Florida represented nearly half (45 percent) of the NPLs sold. These three states accounted for 47 percent of the Enterprises' loans that were one year or more delinquent as of December 31, 2014, prior to the start of NPL program sales in 2015.
  • Fannie Mae sold 78,281 loans and Freddie Mac sold 39,185 loans.

12/02/2019

FEMA to suspend communities from flood program

FEMA has published a notice [84 FR 65924] in today's Federal Register identifying communities in North Carolina scheduled for suspension from the National Flood Insurance Program on December 6, 2019, for noncompliance with the floodplain management requirements of the program. The communities listed include:

  • Atkinson
  • Northwest
  • Pembroke
  • Roxboro
  • Tabor City
  • unincorporated areas of Brunswick, Columbus, Durham, Pender, and Robeson Counties

If FEMA receives documentation that a community has adopted the required floodplain management measures prior to the effective suspension date, the suspension will not occur. Information identifying the current participation status of a community can be obtained from FEMA's Community Status Book.

12/02/2019

FDIC CRA exams for first half of 2020

The FDIC has announced it has posted the lists of institutions scheduled for a Community Reinvestment Act examination during the first and second quarters of 2020. The schedules of institutions to be examined are based on the best information now available and are subject to change.

12/02/2019

FDIC releases enforcement actions

The FDIC has released a list of recent enforcement actions taken in the month of October. Among those actions were:

  • A notice of charges and hearing and assessment of a $225,000 BSA/AML civil money penalty issued to a San Francisco bank.
  • A decision and order of prohibition issued to Donald V. Watkins, Sr., former chairman of the board of Alamerica Bank, Birmingham, Alabama, for violations of Regulation O involving his receipt of proceeds from four loans made by his bank to nominee borrowers in excess of amounts allowed under the regulation and without disclosing his personal interest in the loans to the bank.

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