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Integrated Mortgage Disclosure rules published
The CFPB's final rule for Integrated Mortgage Disclosures under Regulations X (RESPA) and Z (Truth in Lending) was published [78 FR 79730] this morning in the Federal Register. The rule, which was announced November 20, will be effective for applications received on or after August 1, 2015. [This story was updated at 9:18 a.m. ET to provide the Federal Register citation.] 12/31/13
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2014 HMDA data entry software
The FFIEC has posted the 2014 HMDA and CRA Data Entry Software. Reminder: the software must be installed locally on a hard disc; it is not network compatible. 12/31/13
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FFIEC 2014 preliminary census data
The FFIEC has released the 2014 Preliminary Census data list. MSAs, states, counties, a tract listing with MSA/MD level Median Family Income (MFI), Median Household Income (MHI), income indicators, and the associated readme.txt file are available. All data is generated using the 2006-2010 ACS dataset and will be incorporated in the 2014 Census data and Geocoding System. 12/31/13
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FDIC enforcement actions
The FDIC has released a list of November enforcement actions. Two civil money penalties (CMPs) totaling $12,670 for Flood Act violations were included. Information on those penalties has been added to BankersOnline's Flood Penalties Watch page. There were also CMPs of $10,000 each assessed against two Georgia banks for deceptive acts and practices violating section 5 of the FTC Act, both related to the marketing or delivery of identity theft insurance products (Citizens State Bank; Glennville Bank). 12/30/13
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No FCRA fee change for 2014
The CFPB published in today's Federal Register a notice that the ceiling on allowable charges under Section 612(f) of FCRA will remain unchanged at $11.50 for 2014. That ceiling applies to the fee a Consumer Reporting Agency can impose on a consumer for a report of the consumer's credit file information (if the report isn't subject to certain "free-of-charge" provisions). 12/30/13
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Regulation Z asset threshold increased
The Bureau has also published a final rule amending its official commentary to Regulation Z to reflect a change in the asset size threshold for certain creditors to qualify for an exemption to the requirement to establish an escrow account for a higher-priced mortgage loan. Effective January 1, 2014, the threshold amount described in § 1026.35(b)(2)(iii)(C), which also affects eligibility for "small creditor" status under Regulation Z's § 1026.43 Ability to Repay requirements, will be increased to $2.028 billion. 12/30/13
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HMDA threshold increased for 2014
In a third Federal Register document today, the CFPB has published a final rule amending the official commentary to Regulation C § 1003.2 to increase the exemption threshold for banks, savings associations and credit unions from $42 million to $43 million, effective January 1, 2014. 12/30/13
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Communities to be suspended by FEMA
FEMA has published a final rule identifying communities in Alabama, Colorado, Florida, Indiana, Kansas, Massachusetts, Michigan, Pennsylvania, Wisconsin, and Wyoming where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension due to noncompliance with the floodplain management requirements of the program, as of February 5, 2014. 12/30/13
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Discount Window quarterly report
The FRB has issued the Third Quarter 2013 Discount Window Lending Report. 12/30/13
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Interagency Statement on CDOs under Volcker Rule
The FRB, FDIC, OCC and SEC have issued a joint press release announcing the issuance of a statement that they are collectively reviewing whether it would be appropriate and consistent not to subject collateralized debt obligations backed by trust preferred securities (TruPS) to the investment prohibitions of section 619 of Dodd-Frank Act (Volcker Rule). The agencies intend to address the matter no later than January 15, 2014. The accounting staffs of the agencies believe that, consistent with generally accepted accounting principles, any actions in January 2014 that occur before the issuance of December 31, 2013, financial reports should be considered when preparing those financial reports. Also see FRB SR-Letter 13-25 and OCC Bulletin 2013-41. 12/30/13
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Rules changes in BOL's Alphabet Soup
Beginning Wednesday, January 1, sections of BOL's Alphabet Soup pages will be updated to incorporate the pending changes to regulations B, X and Z that will become effective on January 1, January 10, and January 18. The new regulatory provisions that have been included as "pending" will be inserted as current text, and old wording will be removed. Those changes are scheduled as the three effective dates are reached. In each case, there will be a link at the top of affected pages back to the pre-2014 versions (with the pending changes) of those pages. The links to the pre-2014 pages will be retained for reference purposes for several weeks. 12/30/13
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Barclays Capital hit with recordkeeping fine
The Financial Industry Regulatory Authority (FINRA) announced yesterday that it has fined Barclays Capital Inc. $3.75 million for systemic failures to preserve electronic records and certain emails and instant messages in the manner required for a period of at least 10 years. According to the news release, Federal securities laws and FINRA rules require that business-related electronic records be kept by securities trading firms in non-rewritable, non-erasable format (also referred to as "Write-Once, Read-Many" or "WORM" format) to prevent alteration. FINRA said that from at least 2002 to 2012, Barclays failed to preserve many of its required electronic books and records—including order and trade ticket data, trade confirmations, blotters, account records and other similar records—in WORM format. 12/27/13
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Bureau republishes survey proposal
The Consumer Financial Protection Bureau has republished [78 FR 78341] a proposal for a new information collection titled, "Development of Metrics to Measure Financial Well-being of Working-age and Older American Consumers." Comments on the proposal are due by January 27, 2014. 12/27/13
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Deposit advance products guidance reminder
Bulletin 2013-40 has been issued by the OCC to remind its constituent banks and savings associations of the November 26, 2013, publication of final "Guidance on Supervisory Concerns and Expectations Regarding Deposit Advance Products." The guidance:
- outlines appropriate underwriting policies and practices, including establishing customers' eligibility and assessing their ability to repay while allowing borrowers to continue to meet typical recurring and other necessary expenses.
- requires banks to monitor DAP portfolios in accordance with established credit risk standards such as capital adequacy, reliance on fee income, adequacy of the allowance for loan and lease losses, etc.
- implements a "cooling off" period of at least one monthly statement cycle after repayment.
- states that the OCC will take appropriate supervisory action to address unsafe and unsound banking practices and any violation of consumer protection statutes.
The FDIC published a similar Guidance document in the same issue of the Federal Register. 12/27/13
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FinCEN BSA Advisory Group nominations
FinCEN has published in the Federal Register a notice and request for nominations for its Bank Secrecy Act Advisory Group (BSAAG). BSAAG membership is open to financial institutions and trade groups. New members will be selected to serve a three-year term and must designate one individual to represent that member at plenary meetings. Nominations must be received by January 27, 2014. 12/27/13
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AmEx to pay for unfair billing and deceptive marketing
The OCC, CFPB and FDIC have coordinated their actions and issued separate orders against several American Express companies under their regulatory supervision for billing and marketing practices violating Section 5 of the Federal Trade Commission Act, 15 U.S.C. &asect; 45(a)(1), which prohibits unfair and deceptive acts or practices, including its marketing and delivery of certain "credit card add-on" products.
- The OCC announced the assessment of a $3 million penalty against American Express Bank, F.S.B., Salt Lake City, Utah, and ordered the bank to make restitution of approximately $4.5 million to thousands of consumers. [Consent Order; Order for Civil Money Penalty]
- The FDIC posted an announcement of a settlement with American Express Centurion Bank, Salt Lake City, Utah, which will pay a civil money penalty of $3.6 million, and make restitution to affected consumers. [Consent Order, Order for Restitution, and Order to Pay Civil Money Penalty]
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- The CFPB announced related consent orders with American Express Bank, F.S.B., American Express Centurion Bank, and American Express Travel Related Services.
The combined orders, with previously completed reimbursements, will result in restitution of approximately $59.5 million to more than 335,000 consumers. 12/26/13
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November new single-family housing sales
A joint press release by HUD and the Census Bureau has announced the November 2013 new residential single family home sales report. Seasonally adjusted estimated sales totaled 464,000, 2.1 percent below the revised October rate of 474,000, but 16.6 percent above the November 2012 estimate of 398,000. 12/26/13
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Rates down and prices up
News releases from the Federal Housing Finance Agency (FHFA) have announced a 0.10 percent decrease in contract mortgage interest rates and a 0.5 percent increase in the house price index (HPI) from October to November 2013. 12/26/13
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Final swaps 'push out' rule
A final rule has been issued by the Federal Reserve Board to clarify the treatment of uninsured U.S. branches and agencies of foreign banks under section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, also known as the swaps push-out provision. The final rule, which is effective January 31, 2014, adopts without change the interim final rule issued by the Board on June 5, 2013.09/12/13 12/26/13
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SEC NRSROs (credit rating agencies) report
The SEC has issued its annual staff report on the findings of examinations of credit rating agencies registered as nationally recognized statistical rating organizations (NRSROs). The annual staff report was also submitted to Congress. 12/26/13
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HPML appraisal rule changes published
The previously announced interagency supplemental final rule amending the higher-priced mortgage loan appraisal requirements to go into effect on January 18, 2014, have been published [78 FR 78519] in the Federal Register...12/26/13
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Bank to pay for discriminatory pricing
The CFPB and Department of Justice have issued a joint press release announcing the filing of a joint complaint and proposed Consent Settlement Order against National City Bank for charging higher prices on mortgage loans to African-American and Hispanic borrowers than to similarly creditworthy white borrowers between the years 2002 and 2008. The Order would require PNC Bank, National Association, the successor-in-interest to National City Bank, to establish a settlement fund to pay $35 million in restitution to harmed African-American and Hispanic borrowers. 12/24/13
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New COPPA parental consent method
The FTC has announced its approval of a new method for companies to get parents' consent for their children to access online services covered by the Children's Online Privacy Protection Act (COPPA) Rule. The agency released a letter granting a request to use knowledge-based authentication as a method to verify that the person providing consent for a child to use an online service is in fact the child's parent. 12/24/13
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Fed proposes Regulation A amendments
The Federal Reserve Board has issued a notice of proposed rulemaking (NPR) and request for public comments on proposed amendments to Reg A regarding the emergency lending authority of Federal Reserve Banks. The proposed rule is designed to ensure that any emergency lending program or facility is for the purpose of providing liquidity to the financial system, and not to aid an individual failing financial company. Comments are due on or before March 7, 2014. 12/24/13
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Community Affairs Letters
The FRB has issued three Consumer Affairs Letters:
- CA-13-24—Revised RESPA Interagency Examination Procedures
- CA-13-25—Revised Interagency Examination Procedures for Regulation Z and Applicability of CA Letter 09-12
- CA-13-26—Regulation X Homeownership Counseling List Requirement
12/24/13
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FHC List
The FRB has updated the list of bank holding companies that have become or elected to become financial holding companies through December 23, 2013. 12/24/13
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FAC meeting minutes
The minutes of the December 3, 2014, meeting of the Federal Advisory Council (FAC) have been released by the Federal Reserve Board. The FAC is composed of twelve representatives of the banking industry. It consults with and advises the Board on all matters within the Board's jurisdiction. 12/24/13
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Mortgage Metrics report
The Office of the Comptroller of the Currency has announced the release of the Mortgage Metrics Report for the Third Quarter of 2013, which indicates that strengthening economic conditions, servicing transfers of home mortgages, home retention efforts, and home forfeiture actions contributed to improved performance of home mortgages. 12/24/13
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Ally to pay $98 million for illegal pricing
A CFPB news release and Blog article have been posted to announce an order issued with the Department of Justice requiring Ally Financial Inc. and Ally Bank to pay $80 million in damages to harmed African-American, Hispanic, and Asian and Pacific Islander borrowers, plus $18 million in penalties. The CFPB and DOJ determined that more than 235,000 minority borrowers paid higher interest rates for their auto loans between April 2011 and December 2013 because of Ally's discriminatory pricing system. 12/23/13
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FHFA announces $1.9 billion PLS settlement
A news release by the Federal Housing Financing Agency (FHFA) as conservator of Fannie Mae and Freddie Mac has announced a settlement with Deutsche Bank AG, related companies and specifically named individuals, for $1.925 billion to resolve claims alleging violations of federal and state securities laws in connection with private-label mortgage-backed securities (PLS) purchased by Fannie Mae and Freddie Mac between 2005 and 2007. This is the sixth settlement that FHFA has attained pursuant to the 18 PLS lawsuits filed in 2011. In a related development, the Financial Industry Regulatory Authority (FINRA) has announced that it has fined Deutsche Bank Securities, Inc. $6.5 million and censured the firm for serious financial and operational deficiencies primarily related to its enhanced lending program. The violations, which were originally identified during a 2009 examination, included lack of transparency in the firm's financial records and inaccurate calculations resulting in overstated capitalization and inadequate customer reserves. 12/23/13
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SR Letter on residual risk
The Federal Reserve Board has issued SR Letter 13-23 advising large financial institutions to carefully evaluate transactions intended to reduce risk to ensure that, if risks are shifted to a thinly capitalized counterparty or affiliated entity of the firm, any residual risk is effectively captured in the firm's internal capital adequacy assessment. Examiners will closely consider such transactions, and potential residual risks, when evaluating an institution's capital adequacy. 12/23/13
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G.20 Finance Companies report
The FRB has issued the October 2013 G.20 Owned and Managed Receivables Outstanding and Auto Loans: Terms of Credit report. 12/23/13
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Enforcement Actions
The OCC has released the list of new enforcement actions recently taken against national banks, federal savings associations, and individuals currently and formerly affiliated with national banks and federal savings associations. The list includes three cease and desist orders, three personal civil money penalty orders, plus two personal cease and desist orders and a removal/prohibition order. Also on the list was a joint formal agreement with a technology service provider, issued by the OCC, FDIC and the Federal Reserve Bank of St. Louis, in which the regulators state they had identified unsafe and unsound practices related to the provider's disaster recovery and business continuity planning and processes. 12/23/13
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FBAR filing extended again
FinCEN has issued Notice 2013-1 announcing a further extension of the time for completing certain Foreign Bank and Financial Accounts (FBAR) filings. 12/23/13
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NCUA webinar services for underserved members
A free webinar will be hosted on January 15, 2014, by NCUA at 2pm ET. "Profiling Products and Services for Underserved Members" is a follow-up to the regulator's January 23, 2013, webinar "Strategic Uses of the Low-Income Designation." 12/23/13
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Interest Rate Risk video
The latest video in the NCUA's Economic Update YouTube series, "NCUA Economic Update – December 2013" has been posted online. 12/23/13
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Bureau on youths' financial capability
The CFPB Blog features an article reporting actions taken and activities sponsored by the Bureau to promote youth financial capability. 12/23/13
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Federal Reserve Bulletin released
The December 2013 issue of the Federal Reserve Bulletin features an article, “Consumer Experiences with Credit Cards,” which examines consumers' behavior, experiences, and attitudes regarding credit cards in the aftermath of the recession and the implementation of the Credit Card Accountability Responsibility and Disclosure Act of 2009. 12/23/13
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Transnational Criminal Organizations designations
Treasury has taken action against four senior members of the Yamaguchi-gumi, the largest and most prominent Japanese Yakuza syndicate. Tadashi Irie, Hirofumi Hashimoto, Toshio Masaki, and Shoroku Ishida were designated pursuant to Executive Order (E.O.) 13581, which targets significant transnational criminal organizations (TCOs) and their supporters. Their names have been added to the SDN List. For more information see BankersOnline's OFAC Update. 12/20/13
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Ocwen settles UDAAP claims for $2B in relief to borrowers
The CFPB has announced it has joined with the authorities in 49 states and the District of Columbia in filing a proposed court order requiring the country's largest nonbank mortgage loan servicer, Ocwen Financial Corporation, and its subsidiary, Ocwen Loan Servicing, to provide $2 billion in principal reduction to underwater borrowers. The consent order addresses Ocwen's systemic misconduct at every stage of the mortgage servicing process. Ocwen must also refund $125 million to the nearly 185,000 borrowers who have already been foreclosed upon and it must adhere to significant new homeowner protections. 12/20/13
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Counterfeit cashier's check alerts
The OCC has issued three separate counterfeit cashier's check alerts on items bearing the names of the following banks:
- National Bank of Delaware County, Walton, New York
- Glen Falls National Bank and Trust Company, Glen Falls, New York
- Rabobank, N.A., Roseville, California
Information on these announcements has been added to BOL Alerts & Counterfeits Page. 12/20/13
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Six FATCA agreements announced
Treasury has issued a press release announcing the recent signing of bilateral agreements with six additional jurisdictions to implement the information reporting and withholding tax provisions commonly known as the Foreign Account Tax Compliance Act (FATCA). The United States has now signed 18 FATCA intergovernmental agreements (IGAs), has 11 agreements in substance, and is engaged in related discussions with many other jurisdictions. 12/20/13
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Interagency income tax allocation statement proposal
A joint press release has been issued by the FRB, FDIC, and OCC seeking comments on a proposed addendum to the “Interagency Policy Statement on Tax Allocation in a Holding Company Structure,” which was issued in 1998. Comments should be provided on or before January 21, 2014. 12/20/13
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Federal Reserve Bulletin released
The December 2013 issue of the Federal Reserve Bulletin features an article, “Consumer Experiences with Credit Cards,” which examines consumers' behavior, experiences, and attitudes regarding credit cards in the aftermath of the recession and the implementation of the Credit Card Accountability Responsibility and Disclosure Act of 2009. [Due to an editing error, the original link to the article in this story was broken. It has now been repaired.]
12/20/13
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Federal Reserve Payments Study
Federal Reserve Financial Services has released the 2013 Federal Reserve Payments Study, which shows that card payments (credit and debit) now account for more than two-thirds of all noncash payments, while the number of checks paid continued to decline. Highlights include:
- The total number of noncash payments, excluding wire transfers, was 122.8 billion, a growth rate of 4.4 percent annually from 2009 to 2012. The rate of growth was down slightly from the previous 10 year (2003-2012) growth rate of 4.7 percent. The total value of noncash payments grew from $72.2 trillion in 2009 to just under $79 trillion in 2012.
- The number of credit card payments, which had shown a decline in the 2010 Study, grew at an annual rate of 7.6 percent from 2009 to 2012. Debit card payments grew at a rate of 7.7 percent over that same period.
- Automated Clearing House (ACH) growth slowed to 5.1 percent annually from 2009 to 2012, down from the average annual growth of 10.9 percent over the previous 10 years. From 2009 to 2012, the number of ACH payments as a percentage of total payments increased less than 1 percent while the value of ACH as a percentage of total noncash payments rose almost 10 percentage points, from 51.5 percent to 61.3 percent.
- The number of checks paid continues to decline, falling to 18.3 billion, less than half the number a decade earlier (37.3 billion). Checks are increasingly being deposited as images, with 17 percent being deposited as an image at the bank of first deposit versus 13 percent as reported in the 2010 Study.
- The 2013 Study estimates that there were 31.1 million unauthorized payment transactions in 2012, with a value of $6.1 billion.
12/20/13
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Comment period extended
The six federal financial regulatory agencies have announced the extension of the comment period for their proposed policy statement for assessing diversity policies and practices of the institutions they regulate. Comments will now be accepted through February 7, 2014 (the original due date was December 24, 2013). 12/20/13
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Annual CRA asset-size threshold adjustment
Federal bank regulatory agencies have announced the annual adjustment to the asset-size thresholds used to define small bank, small savings association, intermediate small bank, and intermediate small savings association under the Community Reinvestment Act (CRA) regulations. The asset-size threshold adjustments are effective January 1, 2014. The agencies also supplied an explanation and history of the threshold changes. [Note: Published in Federal Register on December 30, 2013 at 78 FR 79283]. 12/20/13
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FAQ on CDOs under Volcker Rule
The FRB, FDIC, and OCC have issued a joint press release to announce the availability of an FAQ to provide clarification and guidance to banking entities regarding investments in "Covered Funds" and whether collateralized debt obligations backed by trust preferred securities (TruPS CDOs) could be determined to be Covered Funds under the final rules to implement section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Volcker Rule). 12/20/13
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OCC Semiannual Risk Perspective
The OCC has released the Fall 2013 Semiannual Risk Perspective. Risks discussed include:
- Strategic risk remains elevated as many banks re-evaluate their business models and risk appetites to generate returns against the backdrop of slow economic growth and low interest rates. OCC examiners will focus on banks' strategic business and new product planning to ensure banks maintain appropriate risk management processes.
- Cyber threats are growing in sophistication and frequency, and require heightened awareness and appropriate resources to identify and mitigate the associated risks.
- Competition for limited lending opportunities is intensifying, resulting in increased risk tolerance and loosening underwriting standards, particularly in new or unfamiliar loan products. The recent rise in long-term interest rates underscores the vulnerability for banks that reach for yield, as they could face significant earnings pressure, possibly to the point of capital erosion, if interest rates increase further.
- Bank Secrecy Act and Anti-Money Laundering risks continue to rise as money laundering methods evolve, electronic bank fraud increases in volume and sophistication, and banks fail to incorporate appropriate controls into new products and services.
- Price volatility has been very low for a long time. Light securities dealer inventories suggest limited risk appetite for market making, raising the possibility of more significant market volatility and price risk as quantitative easing policies change.
12/20/13
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FDIC Winter 2013 Supervisory Insights
The FDIC has issued FIL-60-2013 announcing the publication of the Winter 2013 issue of Supervisory Insights, which features articles on:
- Industry Trends Highlight Importance of Effective Interest-Rate Risk Management
- Lending Trends: Results from the FDIC's Credit and Consumer Products/Services Survey
- The New Basel III Definition of Capital
12/20/13
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$1.9M CMP for risk-based pricing violation
The FTC has announced that Time Warner Cable, Inc. has agreed to settle charges that the company violated the Risk-Based Pricing Rule, which requires creditors to give notice to consumers who are provided less favorable credit terms based on information in their credit reports. The FTC's complaint alleges that Time Warner Cable failed to provide the required risk-based pricing notices to consumers beginning in January 2011 and continuing until at least March 2013. The settlement marks the first enforcement case the FTC has brought since finalizing its amended Risk-Based Pricing Rule in 2011. 12/20/13
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Mortgage rules education campaign launched
The Bureau has launched a campaign to educate the public about the new protections provided by its mortgage rules. The agency is also releasing educational materials in advance of the January 10, 2014, effective dates for its major rules. Also released were:
- A guide to be used by housing counselors as a quick reference
- FAQs from the CFPB's AskCFPB service
- A summary of new procedures to facilitate borrower access to foreclosure avoidance options
- A fact sheet with an overview of the new consumer protections in the collection of new mortgage rules
12/19/13
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al-Qa'ida supporters in Qatar and Yemen designated
Treasury has announced the designation of Abd al-Rahman bin 'Umayr al-Nu'aymi (Nu'aymi) and `Abd al-Wahhab Muhammad `Abd al-Rahman al-Humayqani (Humayqani) were named as Specially Designated Global Terrorists (SDGTs) pursuant to Executive Order (E.O.) 13224. Nu'aymi was designated for providing financial support to al-Qa'ida, Asbat al-Ansar, al-Qa'ida in Iraq, and al-Shabaab, and Humayqani was designated for providing financial support to and acting on behalf of al-Qa'ida in the Arabian Peninsula (AQAP). Deletions and changes were also made to existing SDN entries. Additional information and details of the SDN list changes can be found in BankersOnline's OFAC Update. 12/19/13
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New design — FFIEC Census website
The FFIEC has announced the redesign of its Census website.
- The FFIEC Online Census Data System (formerly FFIEC Census Reports) provides census data for metropolitan and mon-metropolitan areas, counties, and census tracts.
- The FFIEC Census Information Sheets are summaries of how the census data have changed from previous years and guidance on how to combine the census data with the appropriate year(s) of HMDA and CRA data.
- The FFIEC Census Windows Application is a downloadable Windows-based tool that allows you to search and export data, and to create reports using the census data that is published in the HMDA and CRA aggregate and disclosure reports
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- The FFIEC Estimated Median Family Income Report is a list of FFIEC Estimated Median Family Incomes for each MSA and for the non-metropolitan areas of each state.
12/19/13
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Residential construction report
HUD and the Census Bureau have published the November 2013 new residential construction activity data. 12/19/13
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FOMC statement and projections
The Federal Reserve Board and the Federal Open Market Committee (FOMC) have released the statement and economic projections from the December 17–18, 2013, FOMC meeting. 12/19/13
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Third quarter trading revenue down
The OCC has announced a decline in reported trading revenue of insured U.S. commercial banks and savings institutions. The data published in the OCC Quarterly Report on Bank Trading and Derivatives Activities for the third quarter of 2013 indicated trading revenue of $4.5 billion, down $2.8 billion, or 38 percent, from $7.3 billion in the second quarter. Quarterly trading revenue was $0.8 billion, or 15 percent, lower than in the third quarter of 2012. 12/19/13
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Comments requested on NCUA Strategic Plan
The NCUA Board has released a draft of its 2014–2017 Strategic Plan for public review and comment. The draft recognizes credit unions are offering new services, adding members and diversifying portfolios, and acknowledges new risk challenges that come with growth and change. These challenges include more and different products, diversified holdings, growing real estate concentration, rapid changes in technology, escalating threats to cyber-security and increasing member business loan portfolios. Each of these risks requires continual monitoring and mitigation strategies. Comments are due January 17, 2014. 12/19/13
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NCUA Board meeting 2014 schedule revised
The 2014 meeting schedule for the NCUA Board has been revised. 12/19/13
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Bank pays $32,000 to settle OFAC liability
OFAC has announced that HSBC Bank USA, N.A. has agreed to pay $32,400 to settle potential civil liability for apparent violations of the Global Terrorism Sanctions Regulations. The total base penalty for the apparent violations was $20,083. OFAC determined that the bank voluntarily self-disclosed the violations and the violations were not the result of willful or reckless conduct. However, a series of problems resulted in the sending of three transfers that allegedly violated the sanctions. For more information and a link to the OFAC release, see yesterday's BankersOnline OFAC Update. 12/18/13
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OFAC Burma designations
Treasury today designated Burmese companies Asia Metal Company Ltd., Soe Min Htike Co. Ltd., and Excellence Mineral Manufacturing Co. Ltd. pursuant to Executive Order 13619, which targets those involved in arms trading between North Korea and Burma. Treasury also designated Lt. Colonel Kyaw Nyunt Oo, a Burmese military Staff Officer acting on behalf of the Burmese Directorate of Defense Industries (DDI), which was designated pursuant to E.O. 13619 in July 2012. In addition, changes have been made to twenty-two existing entries. More information is available in a BankersOnline OFAC Update. 12/18/13
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Treasury OFR Annual Report
The Treasury Office of Financial Research (OFR) has submitted its 2013 Annual Report to Congress. The report assesses the state of the United States financial system and analyze threats to U.S. financial stability. 12/18/13
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HARP volume decreases
The Federal Housing Finance Agency (FHFA) has announced that total refinance volume, including refinances through the Home Affordable Refinance Program (HARP), decreased in the third quarter of 2013. The data is contained in the FHFA's Third Quarter 2013 Refinance Report. 12/18/13
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FHFA stress tests scenarios and guidance
An FHFA news release announces a Federal Register notice concerning Orders issued to Fannie Mae, Freddie Mac and the twelve Federal Home Loan Banks requiring the reporting of annual stress testing results. 12/18/13
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Small BHC inspection requirements
SR-13-21 has been issued by the Federal Reserve Board regarding the following updates of the inspection frequency and scope requirements for small bank holding companies (those with total consolidated assets of $10 billion or less):
- Conform inspection frequency and scope requirements for savings and loan holding companies (SLHCs) with total consolidated assets of $10 billion or less to those applicable to bank holding companies of the same size
- Clarify the scoping requirements for targeted inspections conducted at bank and SLHCs with total consolidated assets between $1 and $10 billion
- Modify the requirement for targeted inspections for "3," "4," and "5"-rated bank holding companies with total consolidated assets between $1 and $10 billion.
12/19/13
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CFPB focus on student financial products
A CFPB Blog article discusses bank marketing contracts with colleges and universities and the requirements of the CARD Act regarding credit cards. The Bureau has issued a news release calling on financial institutions to publicly disclose agreements with colleges and universities to market debit, prepaid, and other products to students. A report on 2013 college credit card agreements was also released. 12/18/13
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January 2014 HOEPA rates set
The Federal Reserve has posted the new reference rates that lenders must use to determine if loans for certain applications received from January 1 through January 9, 2014, will be subject to HOEPA (Regulation Z § 32) under the current APR trigger test. Use the FRB H.15 report of selected interest rates to find the applicable release that lists the Treasury security with the same maturity term as your loan. To make the calculation, use the yield in effect on the 15th of the month that precedes the month you received the application. Because December 15, 2013, was a Sunday, use the rate on December 13, 2013, the preceding business day.
Readers who have come to expect this reminder near the middle of each month should note that this is the last time it will appear. Beginning with applications received on or after January 10, 2014, the APR trigger for HOEPA or "high-cost" mortgages changes to vary with the "average prime offer rate" under new § 1026.32(a)(1)(i). 12/17/13
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CFPB sues online loan servicer
A press release has been issued by the CFPB to announce the filing of a complaint against CashCall Inc., an online loan servicer. The complaint alleges CashCall engaged in unfair, deceptive, and abusive practices, including illegally debiting consumer checking accounts for loans that were void. This is the first lawsuit filed by CFPB related to online lending. Director Cordray also issued prepared remarks concerning the filing. 12/17/13
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Flood program changes announced
In a memo to Write Your Own (WYO) Principal Coordinators and the NFIP servicing agent, FEMA's Federal Insurance and Mitigation Administration has announced program changes effective June 1, 2014, pursuant to the Biggert-Waters Flood Insurance Reform Act of 2012. 12/17/13
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FHFA seeks comments on proposed decrease in loan limits
The Federal Housing Finance Agency (FHFA) has announced a request for public input on the implementation of a plan to gradually reduce the maximum size of loans that Fannie Mae and Freddie Mac may purchase. 12/17/13
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FHFA 2013 performance report
The FHFA has released its 2013 Performance and Accountability Report (PAR) detailing the Agency's progress as regulator and conservator of Fannie Mae and Freddie Mac and regulator of the 12 Federal Home Loan Banks (FHLBs). The PAR discusses accomplishments, ongoing efforts to assist homeowners, challenges and continued efforts to meet the FHFA's strategic goals for FY 2013. 12/17/13
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FRB CCAR projections letter
A copy of an electronic mail letter sent to institutions by the Federal Reserve Board regarding instructions for the Comprehensive Capital Analysis and Review (CCAR) for 2014 has been released. The projections will be utilized to project balances and to produce projections of pre-provision net revenue, loan losses, risk-weighted assets and other relevant items. 12/17/13
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Minority-owned banks report
The FRB has released the report of minority-owned financial institutions and their branches as of September 30, 2013. 12/17/13
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Bernanke remarks at centennial ceremony
Chairman Bernanke delivered the opening and concluding remarks at the ceremony commemorating the Centennial of the Federal Reserve Act (FRA). 12/17/13
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Bureau publishes 2014 HOEPA and CARD Act adjustments
The CFPB has published in today's Federal Register [78 FR 76033] amendments to some of Regulation Z's inflation-adjustable dollar amounts.
- The minimum interest charge amounts for §§ 1026.6(b)(2)(iii) and 1026.60(b)(3) will remain unchanged for the year 2014.
- Effective January 1, 2014, the permissible fee threshold amounts under the Credit CARD Act are $26 for § 1026.52(b)(1)(ii)(A) and $37 for § 1026.52(b)(1)(ii)(B).
- For certain mortgage loans consummated on or after January 1, 2014, the HOEPA points and fees threshold will be $632, under current § 1026.32(a)(1)(ii).
The HOEPA points and fees threshold on loans for which applications are received on or after January 10, 2014, will be subject to the new trigger amount and revised definition of total points and fees in the regulatory language becoming effective on that date. 12/16/13
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Another clarification on QM and non-QM loans safety-and soundness and CRA
A joint press release from the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, National Credit Union Administration and Office of the Comptroller of the Currency has announced the agencies' statement to clarify safety-and-soundness expectations and Community Reinvestment Act (CRA) considerations related to Qualified Mortgage loans and non-Qualified Mortgage loans offered by regulated institutions. The statement is intended to guide institutions as they assess the implementation of the Consumer Financial Protection Bureau's Ability-to-Repay and Qualified Mortgage Standards Rule, which takes effect January 10, 2014. 12/16/13
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FHA MMI Fund report to Congress
HUD has announced its delivery of the 2013 annual report to Congress on the fiscal status of the FHA mutual mortgage insurance fund. 12/16/13
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Household debt service and financial obligations ratios
The Federal Reserve Board has posted the third quarter 2013 Household Debt Service and Financial Obligations Ratios. 12/16/13
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Reserve Banks' 2014 leadership announced
The Board of Governors has announced the appointment of the chairs and deputy chairs of the Federal Reserve Banks for 2014. 12/16/13
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December FedFlash
Federal Reserve Financial Services has posted the December 2013 issue of FedFlash, which features articles on subscriber request submission via the End User Authorization Contacts (EUAC) Center; a webinar for data file changes; the check adjustments 2014 webinar schedule; and electronically processing audit confirmation requests using Confirmation.com. 12/16/13
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Texas bank closed
The FDIC has announced the closing of Texas Community Bank, National Association, The Woodlands, Texas, and the assumption of all deposits by Spirit of Texas Bank, SSB, College Station, Texas. Twenty-four FDIC-insured institutions have been closed in 2013, two of them in Texas. 12/16/13
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Bureau article on international money transfers
An article posted on the CFPB's Blog touts the information that should now be provided to consumers sending international money transfers. 12/16/13
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Agencies finalize HPML Appraisal Rule changes
The Federal Reserve Board, Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation, Federal Housing Finance Agency, National Credit Union Administration, and the Office of the Comptroller of the Currency have jointly announced a final rule, to become effective January 18, 2014, that creates new exemptions from certain appraisal requirements for a subset of higher-priced mortgage loans. The exemptions are intended to save borrowers time and money while still ensuring that the loans are financially sound. The new exemptions cover:
- Loans of $25,000 or less (adjusted annually for inflation)
- Certain "streamlined" refinancings
- All loans secured in whole or in part by a manufactured home.
Beginning July 18, 2015, loans secured by a new manufactured home and land will be exempt only from the requirement that the appraiser visit the home's interior. For loans secured by manufactured homes without land, creditors will be allowed to use other valuation methods without an appraisal, such as using third-party valuation services or “book values.” The changes affect § 1026.35(c) of Regulation Z. BOL's “Read A Reg” pages have been updated with the changes. 12/13/13
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Fed revises Reg CC proposal
While bankers were waiting patiently for a final rule amending Regulation CC to bring it current, the Federal Reserve Board yesterday announced it is revising parts of its March 2011 proposal (the parts that would amend subparts C—Collection of Checks— and D—Substitute Checks) to reflect the evolution of the U.S. check collection system from one that is largely paper-based to one that is virtually all electronic. The portions of the earlier proposal relating to subpart B—Availability of Funds and Disclosure of Funds Availability Policies— are subject to Dodd-Frank Act requirements for CFPB rulemaking collaboration. The Board is proposing that electronic checks and electronic returned checks that banks exchange by agreement also be subject to these rules unless otherwise agreed by the sending and receiving banks. In addition, the Board is requesting comments on alternative approaches to modify the current expeditious-return and notice of nonpayment requirements to encourage the few remaining banks demanding paper returns to accept electronic returns. The Board's current proposal also would add a new indemnity for electronic items cleared through the check-collection system that did not originate as paper checks. Comments are due by May 2, 2014. 12/13/13
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OFAC SDN list additions
The U.S. Departments of the Treasury and State have announced the designation of a number of companies and individuals for evading international sanctions against Iran and for providing support for Iran's nuclear program. Information regarding the designations has been posted in a BOL OFAC Update. 12/13/13
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Lew testimony before Financial Services Committee
In testimony before the House Financial Services Committee, Secretary Lew discussed the role of the International Monetary Fund (IMF) and multilateral development banks (MDBs) in creating the most favorable external environment for U.S. jobs and businesses. 12/13/13
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Flood CMP assessed
The FRB has assessed a $4,155 civil money penalty (CMP) against Farmers & Miners Bank, Pennington Gap, Virginia for violations of the National Flood Act and Regulaiton H. Information regarding the violation has been posted on the BOL Flood Penalties Watch Page. 12/13/13
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OCC 2014 fees and assessments
Bulletin 2013-37 has been issued by the OCC announcing the fees and assessments that the agency will charge effective January 1, 2014. 12/13/13
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Banks not exempt from municipal advisor registration
The OCC has issued Bulletin 2013-36 on the SEC final rule on the registration of municipal advisors. The final rule requires municipal advisors to register permanently with the SEC. An exemption is not provided for banks meeting the definition of a municipal advisor. 12/13/13
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FDIC Consumer News
The Fall 2013 issue of the FDIC Consumer News has been posted. The issue features an overview of important rules taking effect soon that are intended to protect consumers from risky loans; practical tips when shopping for a loan and for avoiding mortgage scams; suggestions on options for a consumer to consider if an institution turns the consumer down for an account based on a report of a previously closed checking or savings account; and information on using a financial institution's social media site to communicate or conduct business with a bank. 12/13/13
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FDIC State Profiles
The FDIC has released the third quarter 2013 issue of FDIC State Profiles. 12/13/13
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NCUA approves new charitable accounts
An NCUA Board Action Bulletin has been issued announcing the approval of four items:
- A final rule to allow federal credit unions to invest in hybrid accounts to fund charitable causes under certain conditions
- A reduced budget for overseeing the Temporary Corporate Credit Union Stabilization Fund in 2014
- A proposed rule to enhance member access, better preserve member privacy and ensure examiner safety at home-based federal credit unions
- Final technical amendments to conform NCUA regulations with the Board's September 2013 Board action to end the use of the Corporate Risk Information System for corporate credit unions and replace it with the CAMEL rating system.
12/13/13
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Chicago CU in conservatorship
The NCUA has announced that the regulator has assumed control of service and operations of Bagumbayan Credit Union, Chicago, Illinois. An FAQ regarding the action was also issued. 12/13/13
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FTC actions bans scammers from mortgage services
The FTC has announced that the defendants in two financial services schemes (American Mortgage Consulting Group and Southeast Trust, LLC) are banned from providing mortgage and debt relief services. 12/13/13
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RBS pays $100M to settle OFAC violations
The Federal Reserve Board has announced the payment of $50 million by the Royal Bank of Scotland (RBS) to settle potential civil liability for apparent violations of the Iran, Sudan, Burma, and Cuba sanctions programs. In separate actions, OFAC announced a settlement of $33 million, which is deemed satisfied by the payment to the Fed; and the New York State Department of Financial Services announced its own settlement of $50 million with RBS. The RBS payment to the Federal Reserve will be passed on to the U.S. Treasury. 12/12/13
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Manual underwriting guidelines revised
HUD has publicized the Federal Housing Administration's Federal Register notice revising guidelines for lenders when they manually underwrite applications for FHA-insured mortgage loans. 12/12/13
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FFIEC social media guidance
The FFIEC has released final guidance on the applicability of consumer protection and compliance laws, regulations, and policies to activities conducted via social media. 12/12/13
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FTC refunds
The Federal Trade Commission has mailed 34,859 refund checks to consumers whose bank accounts were debited, allegedly without authorization, by Nevada-based payment processor Automated Electronic Checking Inc. (AEC). Using a relatively new payment method called “remotely created payment orders” to give merchants access to consumer bank accounts, AEC debited many consumers who had never heard of AEC or its client merchants, some of whom included online discount shopping clubs and payday loan sites. Remotely created payments orders (RCPOs) are described in the FTC's February 2013 Complaint against AEC as images created from virtual checks that appear to be images of remotely created (paper) checks; RCPOs are often used by scammers because they are not subject to the same level of scrutiny as ACH entries are. 12/12/13
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FEMA to suspend communities
FEMA has published a final rule [78 FR 75485] identifying communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on January 16, 2014, because of noncompliance with the floodplain management requirements of the program. The communities involved are located in Alabama, Indiana, Kansas, Pennsylvania, South Carolina, and Wyoming. 12/12/13
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Bureau study on arbitration
The CFPB has released preliminary research on the use of arbitration clauses in connection with consumer financial products and services. The research indicates that arbitration clauses are commonly used by large banks in credit card and checking account agreements and that roughly 9 out of 10 clauses allow banks to prevent consumers from participating in class actions. The research also shows that while tens of millions of consumers are subject to arbitration clauses in the markets the CFPB studied, on average, consumers filed 300 disputes in these markets each year between 2010 and 2012 with the leading arbitration association. The Dodd-Frank Act mandates that the CFPB conduct a study on the use of pre-dispute arbitration clauses in consumer financial markets. 12/12/13
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Treasury proposes update to its ACH participation rule
The Treasury's Bureau of the Fiscal Service has published a notice of proposed rulemaking [78 FR 75528] to amend its regulation governing the use of the Automated Clearing House (ACH) system by Federal agencies, to address changes that NACHA has made to the NACHA Operating Rules since the publication of NACHA's 2009 ACH Rules book. Comments on the proposal are due by February 10, 2014. 12/12/13
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Final rule for HUD-insured QMs published
The Housing and Urban Development Department (HUD) has published in today's Federal Register [78 FR 75215] a final rule to establish a definition of “qualified mortgage” (QMs) for the single family residential loans that HUD insures, guarantees, or administers that aligns with the statutory ability-to-repay criteria of the Truth-in-Lending Act (TILA) and the regulatory criteria of the definition of “qualified mortgage” promulgated by the Consumer Financial Protection Bureau (CFPB). The rule will be effective on January 10, 2014
, the date on which the CFPB's Ability-to-Repay rule goes into effect. Under HUD's rule, Title I (property improvement loans and manufactured home loans), section 184 (Indian housing loans) and Section 184A (Native Hawaiian housing loans) insured mortgages and guaranteed loans will be designated as “safe harbor” QMs. Loans insured under National Housing Act Title II will be assigned safe harbor or rebuttable presumption of compliance status if they meet the points and fees limits requirements of the CFPB rule, with the determination of safe harbor status dependent upon whether the APR exceeds the APOR by the sum of the annual mortgage insurance premium and 1.15 percentage points or less (those exceeding that limit will be assigned rebuttable presumption status). 12/11/13
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Volcker Rule finalized
A joint press release has been issued by the FRB, FDIC, OCC, SEC, and Commodity Futures Trading Commission announcing the issuance of final rules
developed jointly to implement section 619 of the Dodd-Frank Act (the “Volcker Rule”). The FRB also announced that banking organizations covered by section 619 will be required to fully conform their activities and investments by July 21, 2015. A fact sheet and community bank guide were also issued. 12/11/13
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CFPB orders $34.1M in credit card refunds
The Bureau has ordered GE Capital Retail Bank and its subsidiary, CareCredit, to refund up to $34.1 million to potentially more than 1 million consumers who were victims of deceptive credit card enrollment tactics. 12/11/13
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FDIC Advisory Committee meeting
The FDIC Advisory Committee on Systemic Resolution will meet in Washington on December 11, 2013, to discuss and receive updates on Title I and bankruptcy of a systemically important financial institution; Title II authorities for the resolution of Systemically Important Financial Institutions by the FDIC; Moody's recent action on U.S. bank holding companies; and international coordination on resolution of global systemically important financial institutions. The event begins at 8:45 ET, is open to the public and will be webcast. An agenda for the meeting was supplied by the FDIC. 12/11/13
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FDIC approves Resolution Strategy
The FDIC has announced the approval for publication of a Single Point of Entry (SPOE) strategy for the resolution of Systemically Important Financial Institutions (SIFIs), with a request for comment. 12/11/13
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FHFA increases guarantee fees
The Federal Housing Finance Agency (FHFA) will continue its gradual increase in Freddie Mac and Fannie Mae guarantee fees. The increase is a part of the Strategic Plan for Enterprise Conservatorships that was published in February 2012. The agency said that it has directed Freddie and Fannie to increase the fee for loans exchanged for mortgage-backed securities beginning April 1, 2014. For loans sold for cash, the increase will be effective with commitments starting March 1, 2014. The FHFA also released its Fifth Annual Report on single-family guarantee fees covering the years 2011 and 2012. 12/10/13
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FRB Regulation J proposal published
The previously announced Federal Reserve Board proposal to amend Regulation J to enhance the efficiency of the payment system by adjusting its schedules of settlement times for checks and ACH items received from the Fed has been published [78 FR 74041] in the Federal Register. Comments on the proposal are due by February 10, 2014. 12/10/13
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FTC launches redesigned website
The Federal Trade Commission has announced the launch of its redesigned website, FTC.gov. 12/10/13
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November Housing Scorecard
HUD and Treasury have released the November 2013 edition of the Obama Administration's Housing Scorecard, a comprehensive report on the nation's housing market. 12/10/13
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Financial Accounts of the U.S. report
The Federal Reserve Board has released the Third Quarter 2013 Z.1 Financial Accounts of the United States Report. 12/10/13
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Outlook Live Year in Review webinar
The Federal Reserve's Consumer Compliance Outlook Live webpage features an announcement of a free one-hour audio conference, "Consumer Compliance Hot Topics—2013 Year in Review," on December 12, 2013, beginning at 2 p.m ET. The webinar is part of an ongoing series of events focused specifically on consumer compliance issues. The announcement includes a link for registering for the presentation. 12/09/13
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HUD posts new FHA loan limits
HUD has announced the implementation of new FHA single-family loan limits beginning January 1, 2014, as specified by the Housing and Economic Recovery Act of 2008 (HERA).12/09/13
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FRB launches history web gateway
The Federal Reserve Board has issued a press release to announce the launch of its History Web Gateway, a new online resource with biographies, images, and essays on key events in the Fed's 100-year history. 12/09/13
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Market risk capital final rule
The Federal Reserve System has announced the issuance of a final rule that makes technical changes to the Board's market risk capital rule. Also released were minor modifications to the Basel III revised capital framework. 12/09/13
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RHS streamlines regulation
The Rural Housing Service (RHS) has published an Interim Final Rule [78 FR 73927] to streamline and re-engineer its Single Family Housing Guaranteed Loan Program (SFHGLP) regulation. The action was taken "to reduce regulations, improve customer service, achieve greater efficiency, flexibility, and effectiveness in managing the program. The effect of this action is to provide better service to participating lenders and investors by removing Rural Development internal administrative procedures and make the necessary adjustments to reduce SFHGLP risk of loss." The effective date of the rule is September 1, 2014. Comments are due by January 8, 2014.12/09/13
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FedFocus payments symposium recap
The December 2013 issue of FedFocus has been posted, featuring a recap of the 2013 Chicago Payments Symposium and an article on 100 years of central banking. 12/09/13
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Curry addresses Consumer Federation of America
In remarks before the Consumer Federation of America's annual Financial Services Conference in Washington, D.C., Comptroller Curry reviewed the 150-year history of the OCC, its mission statement and current responsibilities for consumer compliance examination and supervision authority to enforce the regulations that the Consumer Financial Protection Bureau (CFPB) writes. 12/09/13
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G.19 Consumer Credit report
The G.19 Consumer Credit Report for October 2013 has been released by the Federal Reserve Board. 12/09/13
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FRB service provider guidance
SR Letter 13-19 has been issued by the Federal Reserve Board to announce Board guidance for FRB-supervised financial institutions on exercising appropriate risk management and oversight when using service providers. The guidance describes factors financial institutions should consider when choosing a service provider and how service providers should be overseen. 12/06/13
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HUD program provides $63M for Colorado storm relief
HUD has announced its Community Development Block Grant (CDBG) Program will provide nearly $63 million to the State of Colorado to help communities recover from severe storms in September 2013 that produced devastating floods and mudslides. 12/06/13
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Lew speaks at Pew Charitable Trusts
In remarks prepared for delivery at the Pew Charitable Trusts, Treasury Secretary Lew discussed the status of efforts to repair the weaknesses that shook the U.S. financial system to its core just a few years ago, the progress made in reshaping U.S. financial architecture, and what needs to be done to remain vigilant to make sure the financial system is safe in the future. 12/06/13
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FRB amends Regulation HH
The Federal Reserve Board issued a final rule to amend Regulation HH to set out the conditions and requirements for a Federal Reserve Bank to open and maintain accounts for and provide financial services to financial market utilities designated as systemically important by the Financial Stability Oversight Council (FSOC). 12/06/13
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OCC supervisory peer review
The OCC has released a peer review report prepared by a team of international regulators that the Comptroller had convened to provide an independent perspective on the OCC's approach to the supervision of large and mid-size banks and thrifts. 12/06/13
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FDIC flood insurance and appraisals videos
An FDIC press release has announced the release of two new technical assistance videos to provide useful information to bank directors, officers, and employees on regulatory issues and proposed regulatory changes. The videos pertain to flood insurance and appraisals and evaluations. 12/06/13
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Gruenberg on consumer banking and finance issues
FDIC Chairman Gruenberg spoke at the Consumer Federation of America 26th Annual Financial Services Conference in Washington, D.C., on the banking and financial issues which he feels are the most pressing that face today's consumers. He noted the FDIC periodically conducts national studies that explore households' financial behavior and banks' provision of services to underserved consumers. 12/06/13
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NCUA Board meeting agenda
The agenda for the December 12, 2013, meeting of the NCUA Board has been posted. 12/06/13
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OFAC retires archive files
OFAC has released important information about the future of two of its Palestinian Legislative Council List archive files. 12/06/13
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FinCEN on FATF list update
FinCEN Advisory FIN-2013-A008 has been issued regarding the update of the Financial Action Task Force (FATF) list of jurisdictions with strategic AML/CFT deficiencies. 12/05/13
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Fifth Third Bancorp pays $6.5M to settle SEC charges
A Securities and Exchange Commission press release has announced that Fifth Third Bancorp has agreed to pay $6.5 million to settle charges filed against it and its former chief financial officer alleging improper accounting for commercial real estate loans in the midst of the financial crisis. The CFO agreed to pay $100,000 and to be suspended from practicing as an accountant on behalf of any publicly traded company or other entity regulated by the SEC. 12/05/13
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CRA ratings released
The FDIC has released the ratings received by 101 state nonmember banks recently evaluated for compliance with the Community Reinvestment Act (CRA). Three of the listed banks received an outstanding rating. 12/05/13
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NCUA quarterly U.S. map review
The Third Quarter NCUA Quarterly U. S. Map Review has been published. The Review tracks performance indicators for federally insured credit unions in the 50 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands, and summarizes key state-level economic indicators, including unemployment rates and home price changes. 12/05/13
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NCUA 2014 assistance grants
The NCUA has announced it will accept applications from February 3 through February 14, 2014, for its first round of 2014 technical assistance grants. Low-income designated credit unions can individually receive up to $16,500 in funding for the following grant categories: new Community Development Financial Institution (CDFI) certification; new products; and student internships. 12/05/13
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Alabama bank agrees to OFAC CMP
OFAC has announced that Compass Bank, Birmingham, Alabama, has agreed to pay $19,125 to settle potential civil liability for one apparent violation of the Sudanese Sanctions Regulations. OFAC determined that Compass did not voluntarily self-disclose the violation, but the violation was a non-egregious case and not the result of willful or reckless conduct. 12/04/13
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OFAC to change SDN file format
OFAC has also announced that on or about March 3, 2014, it will change the format in which SDN data files are issued. The change may impact automated SDN download processes and OFAC recommends that list users take steps to alter those processes to utilize an alternative .ZIP file format. 12/04/13
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Agencies issue final rule to tweak BSA definitions
FinCEN and the Federal Reserve Board have issued a joint press release to announce a final rule amending the definitions of "funds transfer" and "transmittal of funds" under regulations implementing the Bank Secrecy Act (BSA). The amendments to the definitions maintain the current scope of funds transfers and transmittals of funds subject to the Bank Secrecy Act and are necessary in light of amendments to the Electronic Fund Transfer Act made by the Dodd-Frank Act. The rule was published [78 FR 72813] in today's Federal Register. 12/04/13
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FDIC Board meeting notice
The notice of the December 10, 2013, meeting of the FDIC Board has been posted. A key agenda item for consideration is a proposed final interagency rule on Appraisals for Higher-Priced Mortgage Loans. The involved agencies published a "Supplemental Proposal" on August 8, 2013, that would amend section 1026.35(c) of Regulation Z to exempt (1) transactions secured by existing manufactured homes and not by land; (2) certain "streamlined" refinancings; and (3) transactions of $25,000 or less. The agencies can be expected to issue the final rule shortly after the FDIC Board votes on December 10. 12/04/13
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CFPB issues Fall 2013 rulemaking agenda
The Bureau has posted a Fall 2013 semi-annual update to its rulemaking agenda, and provided a Blog article interpreting its plans. 12/04/13
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CFPB Ombudsman's report
The CFPB has posted its Ombudsman's second annual report along with a summary Blog article. 12/04/13
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GSEs update mortgage insurance policy requirements
A Federal Housing Finance Agency (FHFA) news release has announced that Fannie Mae and Freddie Mac have completed a major overhaul of their mortgage insurance master policy requirements. The updates include mandates on loss mitigation, claims, assurance of coverage, and enhanced communication. It is anticipated that the master policies will go into effect in 2014, after review and approval by state insurance regulators. Fannie and Freddie will provide guidance to lenders and servicers regarding specific effective dates. 12/03/13
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Bureau to supervise nonbank student loan servicers
The Consumer Financial Protection Bureau has announced it is issuing a rule today that will allow the Bureau to supervise certain nonbank student loan servicers for the first time. The CFPB estimates that the new rule will provide the Bureau the authority to supervise the seven largest student loan servicers, which service the loans of more than 49 million borrower accounts, representing most of the activity in the student loan servicing market. A copy of the rule [link not operable at our press time] will be available later today. The Bureau also released a fact sheet on the rule. 12/03/13
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NCUA publishes CUSO regulation changes
The National Credit Union Administration has published in today's Federal Register a final rule [78 FR 72537] to amend its credit union service organization (CUSO) regulation to increase transparency and address certain safety and soundness concerns. The final rule expands the requirements of the CUSO regulation that apply to federally insured, state-chartered credit unions (FISCUs) to address accounting, financial statements, and audits. The final rule also includes limits on the ability of “less than adequately capitalized” FISCUs to recapitalize their CUSOs. In addition, it adds several new requirements that apply to both federal credit unions (FCUs) and FISCUs. The rule becomes effective June 30, 2014. 12/03/13
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CFPB field hearing on arbitration scheduled
The Bureau has announced a field hearing on arbitration to be held in Dallas, Texas on December 12, 2013 at 11 a.m. CST. Additional details, including the venue for the hearing, will be announced as the date approaches. The event is open to the public, but requires an RSVP. 12/03/13
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FDIC stress test policy statement
The Federal Deposit Insurance Corporation has published [78 FR 72534] a Policy Statement on the Principles for Development and Distribution of Annual Stress Test Scenarios. The policy statement affects FDIC-insured state nonmember banks and FDIC-insured state-chartered savings associations with total consolidated assets of more than $10 billion. 12/03/13
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Report on foreign exchange rates
The November 2013 G.5 Foreign Exchange Rates Report has been released by the Federal Reserve Board. 12/03/13
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CU loan growth continues
The NCUA has released new credit union industry figures based on third quarter 2013 Call Report data. The loan growth trend that began in 2011 continues. Total loans in the industry rose 2.9 percent to $631.5 billion in the third quarter of 2013, a faster pace than in the previous quarter. 12/03/13
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FRB proposes Daylight Overdraft and Reg J changes
A Federal Reserve Board press release has announced a request for public comment on proposed changes to part II of the Federal Reserve Policy on Payment System Risk (PSR policy) that are designed to enhance the efficiency of the payment system. The proposed changes are largely related to the posting rules for automated clearing house (ACH) and commercial check transactions that would impact Procedures for Measuring Daylight Overdrafts and Regulation J - Collection of Checks and Other Items. 12/02/13
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FDIC enforcement actions
The FDIC has released a list of 42 enforcement actions taken in October. There were three consent orders, ten removal and prohibition orders, four civil money penalty (CMP) orders, ten section 19 orders, twelve terminations of orders, and various miscellaneous orders. Included was a $6,250 CMP assessment against a Kentucky bank for imposition of error resolution requirements upon consumers that were more onerous than permitted in Regulation E; a Flood Act CMP of $24,200 against an Alabama bank; and a $20,000 HMDA Act CMP against a Georgia bank. 12/02/13
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Agencies propose liquidity rule
The OCC, FRB and FDIC have published a notice of proposed rulemaking in the Federal Register to request comment on a proposed rule that would implement a quantitative liquidity requirement consistent with the liquidity coverage ratio standard established by the Basel Committee on Banking Supervision. The proposed requirement is designed to promote the short-term resilience of the liquidity risk profile of internationally active banking organizations. 12/02/13
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Illinois severe weather guidance
FDIC FIL-55-2013 has been issued as guidance to help financial institutions and facilitate recovery in areas of Illinois recently affected by severe storms, straight-line winds, and tornadoes. 12/02/13
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Prohibition orders issued
The NCUA has announced prohibition orders against three individuals to prohibit them from participating in the affairs of any federally insured financial institution. 12/02/13
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CRA exams scheduled
The FDIC and OCC have released public lists of institutions for which they have scheduled CRA examinations during the first quarter of 2014. 12/02/13
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FATCA IGAs with Cayman Islands and Costa Rica
A Treasury press release has announced that the United States has signed intergovernmental agreements (IGAs) with the Cayman Islands and Costa Rica to implement the Foreign Account Tax Compliance Act (FATCA). The Act, enacted in 2010, seeks to obtain information on accounts held by U.S. taxpayers in other countries. It requires U.S. financial institutions to withhold a portion of payments made to foreign financial institutions that do not agree to identify and report information on U.S. account holders. 12/02/13