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Top Story Lending Related

02/15/2024

OCC workshops for directors and senior managers

The OCC reports it has opened registration for its 2024 schedule of in-person workshops for board directors and senior management of national community banks and federal savings associations.

The OCC examiner-led workshops provide practical training and guidance to directors and senior management of national community banks and federal savings associations to support the safe and sound operation of community-based financial institutions.

The OCC offers five daylong workshops:

  • Building Blocks: Developing Strong Management
  • Risk Governance: Improving Effectiveness
  • Compliance Risk: Understanding the Rules
  • Credit Risk: Recognizing and Responding to Risk
  • Operational Risk: Navigating Rapid Changes

The OCC is also offering a half-day workshop, Capital Markets: Keeping Current. This workshop covers balance sheet management risks, as well as hot topics and risk themes for bankers and regulators in the capital markets area.

Workshops are limited to 35 participants. Attendees will receive course materials, supervisory publications, and lunch.

Schedules, locations, cost and fee waiver information, and online registration are available on the OCC's website.

02/14/2024

Virginia bank pays $9,600 flood insurance penalty

The Federal Reserve Board has reported it has issued a consent order for the payment of a civil money penalty of $9,600 to Select Bank, Forest, Virginia, for a pattern or practice of unspecified flood insurance violations.

02/13/2024

FDIC guidance to help financial institutions in Michigan

The FDIC has issued FIL-6-2024 with guidance to help financial institutions and facilitate recovery in areas of Michigan affected by severe storms, tornadoes, and flooding August 24–26, 2023.

02/13/2024

FHFA to host multifamily property insurance symposium

The Federal Housing Finance Agency has announced it will host the next session in its series of property insurance symposiums on March 13, 2014. The session will afford multifamily industry leaders and stakeholders the opportunity to exchange and openly discuss creative ideas to address escalating insurance market stress and how we can help those impacted.

The event will feature panels with various stakeholders, including:

  • ​​​Fannie Mae and Freddie Mac
  • The U.S Department of Housing and Urban Development Multifamily Office
  • Insurance industry experts
  • Multifamily lenders and borrowers

The session will be an in-person event in Washington on a first-come, first-served basis. Virtual attendance will also be available. For questions and additional information, including registration, email the FHFA at InsurSymp@fhfa.gov.

02/13/2024

FFIEC statement on exam principles related to valuation bias

The Federal Financial Institutions Examination Council has issued, on behalf of its members—the Federal Reserve Board, FDIC, OCC, CFPB, NCUA, and the State Liaison Committee—a Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending. The statement's purpose is to (i) mitigate risks that may arise due to potential discrimination or bias in those practices, and (ii) promote credible valuations.

Because real estate valuations are a critical underwriting component in residential real estate lending, both from a consumer compliance and safety and soundness perspective, examiners assess institutions’ compliance management systems and risk management practices for identifying and mitigating potential discrimination or bias in residential property valuation practices.

Institutions rely on real estate valuations when assessing the level of collateral support in residential credit decisions. Deficiencies in real estate valuations, including those due to valuation discrimination or bias, can lead to increased safety and soundness risks, as well as consumer harm and have an adverse impact on borrowers and their communities. Examples of such harm are consumers being denied access to credit for which they may be otherwise qualified, offered credit at less favorable terms, or steered to a narrower class of loan products.

For an institution, the failure of internal controls to identify, monitor, and control valuation discrimination or bias could negatively affect credit decisions, potentially exposing an institution to legal and compliance risks or affecting an institution’s financial condition and operations. Furthermore, material findings and concerns related to noncompliance with laws and regulations generally negatively affect the supervisory assessment of an institution’s management in a safety and soundness examination.

To promote compliance with statutory and regulatory requirements, institutions may establish a formal valuation review program. Effective review programs can enable institutions to identify noncompliance with appraisal regulations or USPAP, inaccuracies, or poorly supported valuations. These review programs can also provide the opportunity for institutions to address deficiencies due to potential valuation discrimination or bias before making a credit decision. The Interagency Appraisal and Evaluation Guidelines [see 75 FR 77450, December 10, 2010] provide additional information on the valuation review process and identify elements of an effective real estate valuation program.

The statement of principles should not be interpreted as new guidance to supervised institutions nor an increased focus on supervised institutions’ appraisal practices. Instead, the statement of principles offers transparency into the examination process and supports risk-focused examination work.

02/09/2024

CFPB gets $12M from leaders of foreclosure relief scam

The Consumer Financial Protection Bureau has announced it has resolved an appeal in a long-running enforcement suit against a foreclosure relief scam operation for $12 million in consumer redress and penalties. Consumer First Legal Group, LLC and four attorneys, Thomas G. Macey, Jeffrey J. Aleman, Jason Searns, and Harold E. Stafford, charged millions of dollars in illegal advance fees to financially-distressed homeowners for legal representation the defendants promised but did not provide.

This case was part of a coordinated effort against various foreclosure relief scam operations by the CFPB, Federal Trade Commission (FTC), and 15 states in 2014. The CFPB filed three lawsuits, the FTC filed six lawsuits, and the states took 32 actions.

The CFPB won a judgment against the defendants in 2019. The case has been ongoing given multiple appeals. Yesterday’s settlement brings the case to an end.

Under the resolution, the defendants will pay $10.9 million in consumer redress and a $1.1 million penalty into the CFPB’s victims relief fund. The individual defendants are covered by 8- or 5-year bans from the mortgage assistance industry, under the district court’s original order.

02/08/2024

NCUA to review CU OD and NSF fee income, and more

In prepared remarks at the Brookings Institution on Tuesday, NCUA Chairman Todd M. Harper reported that the NCUA intends to review several aspects of compliance with consumer protection laws and regulations. He said, " Overdraft and non-sufficient fund fees are a key component of the NCUA’s review. NCUA examiners this year will continue an expanded review of credit union overdraft programs, including website advertising, balance calculation methods, and settlement processes. Problematic overdraft programs and non-sufficient funds alerts include fees that aren’t reasonable and proportional, rely on systems that authorize positive and settle negative, or impose multiple representment fees, often in one day."

Chairman Harper added, "NCUA’s fair lending examinations will also increase in number and focus on ensuring policies and practices are fair and not discriminatory. And examiners will continue to evaluate credit unions’ policies and procedures governing compliance with flood insurance rules. The NCUA's other areas of emphasis for 2024 include Bank Secrecy Act compliance and support for small credit unions and minority depository institutions."

02/08/2024

G.19 Consumer Credit statistics

The Federal Reserve Board has posted its G.19 Consumer Credit statistics for the fourth quarter of 2023.

In 2023, consumer credit increased 2.4 percent, with revolving and nonrevolving credit increasing 8.4 percent and 0.4 percent, respectively. During the fourth quarter, consumer credit increased at a seasonally adjusted annual rate of 2.6 percent, while in December it increased at a seasonally adjusted annual rate of 0.4 percent.

02/07/2024

FEMA proposes revised homeowner flood policy form

Yesterday, the Federal Emergency Management Agency published [89 FR 8282] a notice of proposed rulemaking that would revise the Standard Flood Insurance Policy by adding a new Homeowner Flood Form and five accompanying endorsements — increased cost of compliance coverage, actual cash value loss settlement, temporary housing expense, basement coverage and builder’s risk.

The new Homeowner Flood Form would replace the Dwelling Form as a source of coverage for homeowners of one-to-four family residences. Together, the new Homeowner Flood Form and endorsements would more closely align with property and casualty homeowners insurance and provide increased options and coverage in a more user-friendly and comprehensible format.

Comments on the proposal will be accepted through April 8, 2024.

02/06/2024

Updated NMLS modernization web page available

The Conference of Banking Supervisors has launched an updated NMLS Modernization web page, which has been redesigned to make it easy for NMLS users, the public, and other stakeholders to stay abreast of key NMLS enhancements underway now and in the future.

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