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Need to Remain Anonymous
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Congratulations HL!
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Chat! - BOL Watercooler
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I've avoided the flooding in OKC, but I only work about 1/2 mile from my house. I got a roofing claim from the massive wind we had last month though.
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CRA
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If you are in CA you may want to keep an eye on AB 801 CA AB801California Community Reinvestment Act
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Lending Compliance
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You may be thinking of BSA:
Treasury regulation 31 CFR 103.33 states that each financial institution must retain either the original or a microfilm or other copy/reproduction of each of the following: • A record of each extension of credit in an amount in excess of $10,000, except an extension of credit secured by an interest in real property. The record must contain the name and address of the borrower, the loan amount, the nature or purpose of the loan, and the date the loan was made. The stated purpose can be very general such as a passbook loan, personal loan, or business loan. However, financial institutions should be encouraged to be as specific as possible when stating the loan purpose. Additionally, the purpose of a renewal, refinancing, or consolidation is not required as long as the original purpose has not changed and the original statement of purpose is retained for a period of five years after the renewal, refinancing or consolidation has been paid out.
Since the loan was not approved and funded, you are fine.
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Deposits and Payments
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Again, wouldn't you love to sit in a marketing meeting where everyone is high fiving themselves over all of these ideas? LOL.
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CRA
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Correct and that is because it is updated annually based on the CPI-W
https://www.fdic.gov/community-reinvestment-act-regulations-asset-size-thresholds
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Lending Compliance
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Thank you!
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General Discussion
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Perfect! Thank you so much for clarifying that for me. I am going to go take a look at the FCRA requirement as I should be on top of that as well.
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Fair Lending
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Should probably be noted that this EO has no real effect on any law or regulation besides where the current administration will focus their attention, and it will likely be a bigger deal in other sectors (employment). Reg B (and other statutes and regs) say what they say, and can't be changed without notice and comment. How the different regulators implement this EO (or whether they feel they are covered by it) is yet to be seen. We'll see if any proposed rules come out of this (both of the CFPB employees left will be working on it).
Also a nice reminder that all of the redlining enforcement actions under the Biden administration were based on lending that took place during the first Trump administration. And any regulation that includes disparate impact will have to be modified by new rulemaking including notice and comment periods. This seems to be recognized by Section 5 of the EO.
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CRA
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Adding to my comments above, its because the employee of the bank is using their financial background to give that service to the non-profit, not because the employee is providing service to those who are benefiting from what the nonprofit does. If the employees are serving those receiving services from the non-profit it should be where bank employees lend their expertise i.e. financial literacy. Examples I've seen are like Habitat For Humanity, employee on board gets credit, employee hammering nails in a build project does not. This has been my experience as well.
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TRID - TILA/RESPA Integrated Disclosures
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As an FYI, the investor did eventually agree, no cure was required - Thank you for your input, very much appreciated!!
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Need to Remain Anonymous
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Thanks
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Deposits and Payments
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This was also a concern of mine. To be completely transparent, I am on the software side of the house, and my clients are the FIs. I reached out to the CFPB last year and had the same discussion. The person I spoke with at the Bureau's Office of Regulations said there were two ways we could handle it. Either set the accounting to trigger at the end of the day, or pad it to six days instead of five. (He did make it VERY clear that it was only informal guidance and should not be treated like the official position of the CFPB) We had concerns around system latency with having ALL accounting trigger at the same time, so we opted to use 6 business days notice.
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Lending Compliance
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Those are terms and would be a denial as the interest rate or 0% downpayment payment are terms and not a type of credit.
Paragraph 2(c)(2)(v). 1. Terms of credit versus type of credit offered. When an applicant applies for credit and the creditor does not offer the credit terms requested by the applicant (for example, the interest rate, length of maturity, collateral, or amount of downpayment), a denial of the application for that reason is adverse action (unless the creditor makes a counteroffer that is accepted by the applicant) and the applicant is entitled to notification under §1002.9.
The question might be though; did they apply for these specific terms upfront or did they come back after they applied, and you approved them based on your terms and then they asked about the lower rate or lower downpayment. In that case, I believe the applications were approved and not excepted.
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Deposits and Payments
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I found where they considered passing some risk to the RDFI in 2021 have there been proposals since then?
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The BOL Couch
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Just saw this one. Used to live in Alaska. About 50 us were fishing one afternoon, standing there in our hip waders in water up to our knees, fishing for Silver Salmon. Water was calm. Suddenly, rumbling down from the valley above, we heard it coming, then the ground shook a bit, rippled the calm water. Everyone stopped, then looked around. It was done in 5 seconds. Then we all threw our lines back out and kept fishing. The 7.0 we had a few years later lasted 45 seconds. Made the lamping hanging above the front door sway back and forth 12inches. That was fun, like an E ticket ride at Disneyland.
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BSA/AML/CIP/OFAC Forum
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The FinCEN Electronic Filing Instructions for Part V specifically state that we do not duplicate information already provided in parts I - IV. If you have additional information to expound upon the information in Parts I - IV or provide partial information or clarification about an item that is blank or incomplete, that should be included in the narrative.
I'd be asking the trainer what citation they have to support their material.
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BSA/AML/CIP/OFAC Forum
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I was always debating whether, I had a suspect, then adopted the policy of if I had a name, I had a suspect. I think this only helps with statistics of filings, I don't think law enforcement is going to take action.
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General Discussion
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We are considering becoming a SBA Lender (we have only done PPP loans during Covid) and I was hoping to hear some feedback on the Pros and Cons of doing so. Thank you in advance for any information provided.
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HMDA
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It meets the definition of a home purchase loan. It sounds basically like a reportable bridge loan.
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CRA
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Thank you all for the responses. I don't think I had a CDL here. There aren't any jobs being added that I can see. Just expanding this farmer's current grain operation.
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Lending Compliance
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does not want how much they either paid for the property
Just make sure your state does not have a "sales disclosure" requirement. That wouldn't affect what you put on the mortgage but it would defeat the purpose for not having the sales price made public.
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