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Top Story Lending Related

03/04/2021

Bureau proposes delay of compliance date for General QM rule

The CFPB has released a notice of proposed rulemaking to delay the mandatory compliance date of the General Qualified Mortgage (QM) final rule from July 1, 2021, to October 1, 2022. The CFPB is proposing to extend the compliance date to ensure homeowners struggling with the financial impacts of the COVID-19 pandemic have the options they need.

The Bureau's press release states that extending the mandatory compliance date of the General QM final rule would allow lenders more time to offer QM loans based on the homeowners’ debt-to-income (DTI) ratio, and not solely based on a pricing cut-off. Extending the compliance date of the General QM final rule would also give lenders more time to use the GSE Patch, which provides QM status to loans that are eligible for sale to Fannie Mae or Freddie Mac. If the NPRM is finalized as proposed, the old, DTI-based General QM definition; the new, price-based General QM definition; and the GSE Patch (unless the GSEs exit conservatorship prior to October 1, 2022) would all remain available as long as the lender received the consumer’s application prior to October 1, 2022.

Comments on the NPRM must be received on or before April 5, 2021.

03/03/2021

OCC issues three Outstanding CRA ratings

The OCC has released a list of 13 Community Reinvestment Act performance evaluations that were made public in February. Nine of the evaluations listed were rated satisfactory and one was rated needs to improve. Our congratulations to these three banks whose evaluations received outstanding ratings:

03/02/2021

Over 11M families are behind on housing payments

The CFPB has issued a new report regarding its first analysis of the impacts of the COVID-19 pandemic on housing. The good news is that actions taken by both the public and private sector have, so far, prevented many families from losing their homes during the height of the public health crisis. However, as legal protections expire in the months ahead, over 11 million families — nearly 10 percent of U.S. households — are at risk of eviction and foreclosure. Over two million families are behind at least three months on mortgage payments, while 8.8 million are behind on rent. Homeowners alone are estimated to owe almost $90 billion in missed payments. The last time this many families were behind on their mortgages was during the Great Recession.

03/02/2021

FDIC releases January enforcement actions

On Friday, the FDIC released a list of its enforcement actions taken in the month of January 2021. Among other actions on the list, there were two civil money penalties and two removal/prohibition orders.

  • Mountain Valley Bank, Dunlap, Tennessee, received an order to pay a $4,000 civil money penalty for violations of flood insurance requirements.
  • A former loan relationship manager with Blue Hills Bank, Boston, Massachusetts (now merged with Rockland Trust Company, Rockland, Massachusetts) received a removal/prohibition order and an assessment of a $50,000 civil money penalty for unsafe or unsound banking acts and practices and breaching his fiduciary duty to the bank. He was also charged with and plead guilty to violating 18 U.S.C. § 1005 (participation in loan with intent to defraud a financial institution).
  • A former loan officer with First Southern State Bank, Stevenson, Alabama, was issued a removal/prohibition order for fraudulently originating 17 loans to 8 of his loan customers under false pretenses, and creating fictitious collateral for the loans, causing the bank to suffer financial loss, while he received financial gain.

03/02/2021

FEMA schedules community suspensions from flood program

FEMA has published [86 FR 12117] in the March 2, 2021, Federal Register a notice that communities in Florida, Minnesota, Missouri and Ohio have been scheduled for suspension from the National Flood Insurance Program on March 9, 2021, for noncompliance with the floodplain management requirements of the program. The communities listed are:

  • Florida: Port St. Joe and unincorporated areas of Gulf County
  • Minnesota: Plummer and unincorporated areas of Red Lake County
  • Missouri: Unincorporated areas of St. Charles County
  • Ohio: Amherst, Avon Lake, Defiance, Lorain, Sheffield, Sheffield Lake, Vermilion, and unincorporated areas of Lorain County

If FEMA receives before March 9 the required documentation that a listed community has adopted the floodplain management requirements, the community will not be suspended.

03/01/2021

FDIC posts 2nd and 3rd quarter CRA exam schedules

The FDIC has posted CRA examination schedules for the second and third quarters of 2021.

03/01/2021

NMLS Ombudsman meeting April 1

​The NMLS Ombudsman Meeting will be held virtually on Thursday, April 1, from 2:00 p.m. to 4:00 p.m. ET. Registration is open. The deadline to submit topics by emailing ombudsman@nmls.org is the close of business on Friday, March 5.

02/26/2021

2020 Shared National Credit Review released

The Federal Reserve Board, FDIC, and OCC have issued a joint press release has been issued by the FRB, FDIC, and OCC regarding the recently released Shared National Credit (SNC) Review. The review, which evaluates the quality of large syndicated loans, was conducted by the three agencies, and reflects examination of SNC loans originated on or before June 30, 2020. The 2020 results provide additional analysis focusing on borrowers in five industries that were affected significantly by the pandemic: entertainment and recreation, oil and gas, real estate, retail, and transportation services.

The 2020 SNC portfolio included 5,652 borrowers, totaling $5.1 trillion in commitments, up 5.0 percent from a year ago. Nearly half of the total commitments were leveraged loans. The percentage of "non-pass" loans, including special mention and classified SNC commitments, for the portfolio rose from 6.9 percent to 12.4 percent year over year. While U.S banks held nearly 45 percent of all SNC commitments, they held less than a quarter of non-pass loans. For leveraged borrowers operating in COVID-19 affected industries, non-pass loans rose from 13.5 percent to 29.2 percent year over year. Commitments to borrowers in COVID-19 affected industries represented about one-fifth of all SNC commitments.

02/26/2021

FHFA extends COVID-19 forbearance and foreclosure eviction moratoriums

The FHFA has announced that Fannie Mae and Freddie Mac (the Enterprises) are extending the moratoriums on single-family foreclosures and real estate owned (REO) evictions until June 30, 2021. The foreclosure moratorium applies to Enterprise-backed, single-family mortgages only. The REO eviction moratorium applies to properties that have been acquired by an Enterprise through foreclosure or deed-in-lieu of foreclosure transactions. The current moratoriums were set to expire on March 31, 2021.

The FHFA also announced that borrowers with a mortgage backed by Fannie Mae or Freddie Mac may be eligible for an additional three-month extension of COVID-19 forbearance. This additional three-month extension allows borrowers to be in forbearance for up to 18 months. Eligibility for the extension is limited to borrowers who are in a COVID-19 forbearance plan as of February 28, 2021, and other limits may apply. Further, COVID-19 Payment Deferral for borrowers with an Enterprise-backed mortgage can now cover up to 18 months of missed payments. COVID-19 Payment Deferral allows borrowers to repay their missed payments at the time the home is sold, refinanced, or at mortgage maturity.

The FHFA may extend or sunset its policies based on updated data and health risks. Homeowners and renters can visit www.consumerfinance.gov/housing for up-to-date information on their relief options, protections, and key deadlines.

02/26/2021

Treasury CDFI Fund 2021 funding round opened

The fiscal year (FY) 2021 funding round for the CDFI Rapid Response Program (CDFI RRP) opened yesterday. The program will provide $1.25 billion to Community Development Financial Institutions to help their communities respond to the economic hardships created by the COVID-19 pandemic – offering a historic investment in institutions that reach communities that have traditionally been underserved by the financial sector. The CDFI Fund is committed to awarding these funds as soon as possible. As a result, the application round for this program will only be open for one month. All applications must be submitted to the CDFI Fund by March 25, 2021. Details of the program can be found on the CDFI Rapid Response Program webpage.

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