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How do I complete Part II (Amounts and Dates) on a continuing activity suspicious activity report (SAR) if the transaction took place on a single date? Do I include the investigation range from the previous filing?

By | December 15, 2021

Answer: The date field in Part II should only cover the date range of activity determined to be suspicious, not the investigation range. If transaction occurred on a single date, the “To” field is left blank. Describe the time period of the investigation in the narrative.

loan stamp

A financial institution (FI) is adding a closing fee to the Loan Estimate (LE) due to a valid changed circumstance. The loan is set to close early next week and the FI needs to issue the Closing Disclosure (CD) in order to close on the borrower’s timeframe. Can the FI send both the revised LE and the initial CD on the same day?

By | December 14, 2021

Answer: No. Under Regulation Z, there has to be one day between the LE and CD. A revised LE must be issued no later than four business days prior to consummation and a CD must be issued at least three business days prior to consummation. However, Regulation Z does also permit us to provide changes …

A financial institution (FI) is adding a closing fee to the Loan Estimate (LE) due to a valid changed circumstance. The loan is set to close early next week and the FI needs to issue the Closing Disclosure (CD) in order to close on the borrower’s timeframe. Can the FI send both the revised LE and the initial CD on the same day? Read More »

asian woman on phone

A Loan Officer took an application by telephone, and the borrower failed to sign the acknowledgement to apply for joint credit on the application that was mailed for signature. How can joint intent be documented?

By | December 13, 2021

Answer: While it is always preferred that the borrower initial the joint intent statement on the application, there are times when the borrower fails to do so. Loan Officers should ask the borrowers this question during the initial phone application and document it in their notes. In the case where an application is returned without …

A Loan Officer took an application by telephone, and the borrower failed to sign the acknowledgement to apply for joint credit on the application that was mailed for signature. How can joint intent be documented? Read More »

home appraisal with two men inspecting windows

Is there any new fair lending risk that a financial institution should make sure is included in the Fair Lending Risk Assessment?

By | December 10, 2021

Answer: Yes. A new CFPB initiative has been developed known as PAVE – Property Appraisal and Valuation Equity. It is an Interagency Task Force to address inequity in home appraisals. Examiners will be looking to see how financial institutions ensure there is no appraisal bias in minority neighborhoods or minority homes by monitoring the financial …

Is there any new fair lending risk that a financial institution should make sure is included in the Fair Lending Risk Assessment? Read More »

Juneteenth freedom day

Can a financial Institution remain open on the Juneteenth holiday in 2022 and going forward, even if the Federal Reserve is closed?

By | December 9, 2021

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 …

Can a financial Institution remain open on the Juneteenth holiday in 2022 and going forward, even if the Federal Reserve is closed? Read More »

private flood insurance

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?

By | December 8, 2021

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.

libor word art

What is the current status of the sunset of the LIBOR?

By | December 8, 2021

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 …

What is the current status of the sunset of the LIBOR? Read More »

fair with wooden blocks

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?

By | December 6, 2021

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 …

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? Read More »

aml

When dispositioning alerts from our automated BSA/AML monitoring system, how much information is enough?

By | December 3, 2021

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 …

When dispositioning alerts from our automated BSA/AML monitoring system, how much information is enough? Read More »

compliance drawing

HPML Appraisal & Regulation Z and Regulation M Exemption Dollar Thresholds for 2022

By | December 2, 2021

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