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Can a financial Institution remain open on the Juneteenth holiday in 2022 and going forward, even if the Federal Reserve is closed?
Answer: Yes, financial institutions can decide to remain open on Juneteenth, the newest federal holiday. Many financial institutions remain open on other Federal holidays, such as Veteran’s Day, Martin Luther King Jr. Day, etc. to conduct business. Even though the institution may decide to remain open on Federal holidays, keep in mind that the business […]
We are making a construction permanent (C-P) loan where the home will be located in a Special Flood Hazard Zone. Are we required to escrow for flood insurance during the construction phase?
Answer: Because the overall term of the C-P loan is greater than 12 months, you are required to escrow for flood insurance. The fact that the construction phase is 12 months or less is irrelevant. This means that you must require flood insurance at consummation.
What is the current status of the sunset of the LIBOR?
Answer: The sunset of the LIBOR has been delayed from December 31, 2021 to June 30, 2023. In spite of the delay, the OCC, The Federal Reserve Board, and the FDIC issued a joint statement that encouraged institutions to cease entering into new contracts that use the USD LIBOR as a reference rate as soon […]
Are there fair lending concerns when a financial Institution utilizes a third-party vendor that provides data for marketing or assists in the development of a credit underwriting model containing digital algorithms?
Answer: Yes. The Financial Institution needs to be aware of what makes up the data that is obtained and how the data is applied. These algorithms may be filtered by zip codes, level of education or purchasing behaviors. The Financial Institution needs to ensure the algorithms used do not cause disparate impact by eliminating protected […]
When dispositioning alerts from our automated BSA/AML monitoring system, how much information is enough?
Answer: TCA continues to see examiner scrutiny on alert resolution. When documenting a response to an alert, it does not need to be as in-depth as an investigation narrative; however, it must explain the who, what, where, when, why, and how. This creates continuity for other BSA staff, examiners, and auditors to understand how you […]
HPML Appraisal & Regulation Z and Regulation M Exemption Dollar Thresholds for 2022
On November 30, 2021 the Federal Reserve Board and the Consumer Financial Protection Bureau jointly issued an increase in the exemption thresholds for Regulation Z and Regulation M exemptions, which are tied to the Consumer Price Index. Loans or leases at or below the thresholds are subject to the protections of the regulations. The regulators […]
FEMA Changes Declaration Pages
Effective October 1, 2021, FEMA updated its Special Flood Insurance Policy forms to bring them in conformance with the requirements stipulated in the final rule FEMA published in July 2020, “Conforming Changes To Reflect the Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12) and the Homeowners Flood Insurance Affordability Act of 2014 (HFIAA), and Additional […]
New Threshold Amounts for 2022 under Regulation Z CARD Act, HOEPA and QM Sections
Based on the 4.7% increase in the Consumer Price Index (CPI-W) in effect on June 1, 2021, the Consumer Financial Protection Bureau (CFPB) released a number of new thresholds which go into effect on January 1, 2022. They include: The minimum interest charge disclosure threshold of $1.00 under the CARD Act will remain unchanged. (1026.6(b)(2)(iii) […]
Safe Act MLO Registration Renewal Period Starts November 1 – Check Current Registrants’ Names
It’s that time again. The NMLS 2021 Annual Renewal Period began on November 1 and will end December 31. Companies and individuals can prepare by making sure the information on their NMLS record is up to date. During this time, companies can complete their annual attestation that their record is up to date, pay their […]
OCC Updated Addresses for Equal Housing, CRA and Adverse Actions
If you are not regulated by the OCC, then you can skip to the end of this Special Release. If you are regulated by the OCC, then you need to know the OCC issued Bulletin 2021-35 on August 5, 2021 updating addresses used for the Equal Housing Lender lobby posters, CRA lobby notices for the […]
