Kraninger Speech Outlines CFPB Strategy

Adam Witmer
Regulatory Update

On April 17, 2019, new CFPB Director, Kathleen Kraninger presenter her first public speech at the Bipartisan Policy Center.  In this speech, Director Kraninger outlined her agenda for the direction of the CFPB by explaining that she intends to utilize all available tools to prevent consumer harm including education, regulation, supervision, and enforcement.  The speech began by discussing how the CFPB hopes to…

Detached Structure Exemption For Investment Properties

Adam Witmer
Flood

When the guidelines for the detached structure exemption from flood insurance were first announced, many jumped for joy.  Over the years, many of customers and lenders alike have argued that flood insurance shouldn’t be required for certain detached structures, though flood insurance rules have traditionally required flood insurance for any collatoralized structure located in a high-risk flood zone, regardless of whether or not it was a residence, commercial building, or storage shed.  So, when the Homeowners Flood Insurance Affordability Act of 2014 provided for an exemption for flood insurance for certain detached structures, many were excited to quickly use the detached structure exemption to avoid flood insurance.

Unfortunately, many soon realized that the detached structure exemption couldn’t be used for every detached structure that was not a residence.  In addition, some ambiguity in the rules left many wondering which structures could actually qualify for the detached structure exemption. For example, one of the main questions we continue to see is this: Can detached structures on investment properties still qualify for the exemption from obtaining flood insurance?

Reg CC Holds on Savings Accounts

Reg CC Holds on Savings Accounts

Adam Witmer
Regulation CC

Adam uses this Compliance Clip (video) to explain how Regulation CC holds apply to savings accounts. Specifically, Adam answers the question on how long a next day item (like a cashier’s check or treasury check) can be delayed on a savings account. After a quick deep dive into the applicability of Regulation CC, Adam explains his answer in the geeky detail that only he can deliver in such an exciting manner.

How Difficult is it to Obtain the CRCM Certification?

Adam Witmer
Compliance Management

The Certified Regulatory Compliance Manager (CRCM) certification is one of the most respected and well recognized certifications for a banking compliance professional.  This respect and recognition doesn’t come just because the CRCM is earned through the American Bankers Association (ABA) - or because many of the top compliance professionals and consultants have this certification.  The CRCM certification is a valued credential because of the difficulty to obtain the designation, meaning that not just anyone can obtain their CRCM.

To explain, the difficulty of the CRCM certification results from four main things: experience qualifications, knowledge of content, taking the actual test, and maintaining the certification.

Example of a Deceptive UDAAP Violation

Example of a Deceptive UDAAP Violation

Adam Witmer
UDAAP

Adam uses this Compliance Clip (video) to provide an example of a “deceptive” UDAAP violation. The example in the video relates to television advertisements and Adam breaks down the three prongs that make this a definitive UDAAP violation example. Note: This video includes a transcript.

Annual Report to Congress on Fair Debt Collection Practices Act

Adam Witmer
Regulatory Update

On March 20, 2019, the Federal Trade Commission (FTC) announced that the FTC and CFPB provided their joint annual report to Congress regarding the agencies efforts to administer the Fair Debt Collection Practices Act.  This report is just one more indicator of the increasing focus of debt collection practices of financial institutions.

In this joint report the CFPB explained that it plans to provide a Notice of Proposed Rulemaking relating to debt collection practices sometime in the spring of 2019.

The bottom line is that debt collection practices continue to be an increasing hot topic with regulators.  Therefore, we will be including the annual report to Congress in our next Quarterly Compliance Update, which will be available for purchase later in April.

CFPB Issues Winter Edition 2019 of Supervisory Highlights

Adam Witmer
Regulatory Update

On March 12, 2019, the CFPB published their 2019 Winter Edition of Supervisory Highlights, which marks the eighteenth issue of this publication, and the first under Director Kathy Kraninger.

As has been the case with prior editions, this edition of the publication included five main sections including an introduction, supervisory observations, remedial actions, supervision program developments, and conclusion - and includes topics like automobile and mortgage servicing, deposits, and remittances.

FDIC Issues Winter Edition 2019 of Supervisory Highlights

Adam Witmer
Regulatory Update

On the first day of spring, the Federal Deposit Insurance Corporation (FDIC) today issued the Winter 2018 issue of Supervisory Insights, which includes a feature article examining the future of, and alternatives to, the London Inter-bank Offered Rate (LIBOR).

LIBOR is a popular reference rate for commercial loans, residential mortgages, derivatives and swaps, and other credit instruments.  While LIBOR often is viewed as a reference rate used by larger financial institutions, it is also important to smaller community banks and savings institutions.  Initiatives are underway that could transition financial markets away from the use of LIBOR as a reference rate after 2021. Therefore, financial institutions must plan for this potential change and the FDIC provides guidance in this article.

CFPB Releases Modified LAR for HMDA Reporters

Adam Witmer
HMDA, Regulatory Update

On March 29, 2019, the Consumer Financial Protection Bureau (CFPB) released the Home Mortgage Disclosure Act (HMDA) Modified Loan Application Registers (LARs).  This data was published for about 5,400 financial institutions and is the first year in which the “expanded data fields” - required by the 2015 HMDA rule - are available for public viewing, though some data has been modified for public viewing for privacy purposes.

The modified LAR data is required by statute to be available by March 31 of each year.  Prior to the implementation of the 2015 HMDA rule, financial institutions had to make their Modified LARs available to members of the public who requested them.  The 2015 rule, which became effective on 1/1/2018, eliminated this requirement.

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