Top Story Lending Related

The National Credit Union Administration has announced it has permanently prohibited two individuals from participating in the affairs of any federally insured depository institution.

• Demetria Baker, former chief executive officer at Lynchberg Municipal Federal Employees Credit Union (LMFECU), Lynchburg, Virginia, was issued a prohibition order after a finding that she made a series of loans to herself and her son that were in violation of LMEFCU policies for approval, documentation, or underwriting, and that a significant amount of cash was removed from a cash drawer that was only accessible to her.
• Teresa Paulo, a former employee at Southern Pine Credit Union, Valdosta, Georgia, received a notice of prohibition after she was convicted and sentenced for aggravated identity theft and bank fraud resulting from her misconduct at the credit union

The Federal Housing Finance Agency has reported that U.S. house prices rose 0.4 percent in October, according to the FHFA’s seasonally adjusted monthly House Price Index. House prices rose 4.5 percent from October 2023 to October 2024. The previously reported 0.7 percent price growth in September remained unchanged.

“Annual house price gains have been trending down since February, stabilizing around 4.5 percent during the last three months,” said Dr. Anju Vajja, Deputy Director for FHFA’s Division of Research and Statistics. “Even with elevated house prices and mortgage rates putting continued pressure on affordability, house prices continued to grow at a steady rate, likely due to a historically low inventory of homes for sale.”

The Federal Trade Commission has reported it has referred its federal court case against online cash advance firm Dave Inc. to the U.S. Department of Justice (DOJ), which has filed an amended complaint in the case that names Dave CEO Jason Wilk as a defendant and seeks civil penalties.

The FTC first brought its case against Dave in November 2024, charging that the company uses misleading marketing to deceive consumers about the amount of its cash advances, charges consumers undisclosed fees, and charges so-called “tips” to consumers without their consent.

The amended complaint charges Dave and Wilk with violating the FTC Act and the Restore Online Shoppers’ Confidence Act and seeks both refunds for consumers and civil penalties against the defendants, as well as asking the court to stop the company’s unlawful actions.

• FTC Case file information

The Consumer Financial Protection Bureau yesterday published [89 FR 106446] a notice to advise credit card issuers that they may voluntarily submit credit card price and availability data through the CFPB's Terms of Credit Card Plans (TCCP) Survey.

The NMLS has posted a reminder that its annual renewal period for Mortgage Loan Originators ends tomorrow (January 31). The NMLS system will not be available on January 1 (New Year's Day). MLOs who miss the renewal deadline can apply for reinstatement from January 2 through midnight EST February 28, 2025.

The OCC, Federal Reserve Board, and FDIC on Friday issued a revised interagency statement to supersede the “Extension of the Revised Statement Regarding Status of Certain Investment Funds and their Portfolio Investments for Purposes of Regulation O and Reporting Requirements under Part 363 of FDIC Regulations.” The prior interagency statement was issued on December 15, 2023, and was set to expire on January 1, 2025.

The revised interagency statement explains that the agencies will continue to exercise discretion not to take action against banks or against certain companies that sponsor, manage, or advise investment funds and institutional accounts (fund complexes) that become principal shareholders of banks (principal shareholder fund complexes). The discretion relates to certain extensions of credit by banks to portfolio companies of the principal shareholder fund complex (fund complex–controlled portfolio companies) that otherwise would violate Regulation O, 12 CFR 215, provided certain eligibility criteria are satisfied. The agencies also clarify the eligibility criteria in the revised interagency statement.

• FDIC FIL-85-2024
• OCC Bulletin 2024-37

The FDIC on Friday made public its November 2024 administrative enforcement actions against banks and individuals. There were two orders of prohibition, two consent orders, three orders for civil money penalties (CMPs), one combined order of prohibition and order for restitution, and one notice of charges for assessment of a CMP.

Assessment of Civil Money Penalties:

• Spring Valley Bank, Wyoming, OH, a $19,800 CMP for violations of the Home Mortgage Disclosure Act (HMDA) and of Regulation C for failing to follow HMDA reporting requirements.
• Rockland Trust Company, Rockland, MA, a $10,000 CMP for engaging in a pattern or practice of violations of the Flood Disaster Protection Act and section 339.3(a) of the FDIC's Rules and Regulations, in 10 instances by making, increasing, extending, and/or renewing designated loans secured by personal property not covered by flood insurance by failing to require borrowers to get flood insurance covering contents pledged as security when contents are owned by a non-borrower guarantor.
• Citizens State Bank, Hudson, WI, a $6,000 CMP for engaging in a pattern or practice of committing violations of the FDPA and Part 339 of the FDIC Rules and Regulations, 12 C.F.R. Part 339, by failing to obtain flood insurance on a building securing a designated loan at the time of the origination of one loan; failing to obtain adequate flood insurance at the time of the origination of four loans; and failing to follow force placement flood insurance procedures in four instances

Notice of Charges and of Hearing for Assessment of Civil Money Penalty:

• CBW Bank, Weir, KS, related to a determination that the bank violated laws and regulations by failing to maintain an adequate Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) compliance program, which led to multiple incidents where the bank repeatedly violated the Bank Secrecy Act and its implementing regulations. If the bank fails to timely request a hearing on the FDIC's charges, a CMP of $20,448,000 will be imposed.

Assessment of Civil Money Penalty and Removal/Prohibition Order:

• Carlos Acosta, formerly a senior vice president and Chief auditor of Citizens Business Bank, Ontario, CA, for recording confidential meetings, including meetings with FDIC and state examiners, without consent, and attempting to extort bank executives. CMP: $70,000.
• Bryan E. Dalton, a former loan officer at RiverBank, Pocahontas, AR, in an adjudicated decision, a $35,000 CMP and a notice of prohibiiton for a scheme by which he misappropriated $87,951.50 from the accounts of four loan customers.

Removal/Prohibition Orders:

• Stacia S. Wilson, former vice president at St. Clair County State Bank, Osceola, MO, after a finding that she created false and fictitious loans using bank customer information without their knowledge, misappropriated funds to fund payments on those loans, and used the proceeds of the loans for her personal gain.
• Jessica Ann Marshall, former branch manager at Bank of Idaho, Idaho Falls, ID, for stealing cash and embezzling funds from the bank in the amount of $345,774.66, and falsifying documents and directing bank employees to falsify documents to hide her actions.

The CFPB has released its fifteenth annual report to Congress on college credit cards as required by the Credit Card Accountability, Responsibility, and Disclosure Act (CARD Act), augmented with information on trends related to student deposit and prepaid card accounts offered and advertised to students through partnerships between colleges and financial service providers. The College Banking and Credit Card Agreements report is informed by account agreements and data from 2022 through 2023, covering over 1.4 million such accounts.

In addition to this year’s findings, the CFPB highlights other products and partnership between financial service providers and colleges which may create risks to students.

The CFPB has filed for public inspection with the Office of the Federal Register a final rule scheduled for publication on December 27, 2024, to adjust the asset-size exemption in the official commentary interpreting requirements of Regulation C (Home Mortgage Disclosure Act) threshold for banks, savings associations, and credit unions. The threshold is adjusted, effective January 1, 2025, from $56 million to $58 million.

Institutions with assets of $58 million or less as of December 31, 2024, are exempt from collecting data in 2025.

[Editor's note: The 12/27/2024 issue of the Federal Register was not yet available at 8:30 a.m. EST on 12/27/2024. UPDATE: Published at 89 FR 105429 on 12/27/2024. The amendment has been posted to section 1003.2(g) of Regulation C in the BankersOnline Regulations section.]

The Small Business Administration has announced it has granted Small Business Lending Company (SBLC) licenses to four lending institutions committed to expanding access to capital to underserved markets. The addition of four new SBLCs — Cooperative Business Services, A10 Capital, Lafayette Square, and Stonehenge Capital — broadens the availability of SBA 7(a) loans in low-income and other underserved communities nationwide from their locations in Ohio, Idaho, Washington, D.C., and Louisiana, respectively.