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Residential lending

  1. 1. Introduction The banking industry is continuously under the watchful eye of the government and the Federal Reserve. The government is in charge of setting restrictions on the banking industry's borrowing limits and the amount of deposits that banks hold in their vaults. These restrictions have a tremendous impact on banking profitability. It is a federal law that banks must stay complaint to banking restrictions.
  2. 2. What is Compliance? Compliance is the act of adhering to a standard or a regulation. Compliance training is mandatory for all banking employees. This training tutorial will provide every employee with a basic knowledge about the compliance rules and regulations that pertain to their departments.
  3. 3. Compliance Training Objective This training is intended to provide participants with a step-by-step guide for regulatory management while following existing federal, state and local regulatory laws corresponding to the Banking branch departments.
  4. 4. In this training course you will learn: What is regulatory compliance and it how it effects Devon Bank. Knowledge of Devon Bank departmental responsibilities Penalties for noncompliance and institutional risks. How to Devon Bank employees avoid government penalties and fines. Why compliance is important.
  5. 5. Federal Regulations It is Devon Bank’s responsibility to comply with all federal rules and regulations in every aspect of its business. All employees are expected to comply with Federal rules and regulations.
  6. 6. FDIC Compliance Guidelines Compliance examinations are the primary means the FDIC uses to determine whether a financial institutions is meeting its responsibility to comply with the requirements and proscriptions of federal consumer protection laws and regulations.
  7. 7. FDIC Continued The FDIC conducts three annual reviews to determine whether of not an institution is compliant to Federal regulations. The three supervisory activities are compliance examinations, visitations and investigations.
  8. 8. Who Regulates Devon Bank? Office of Comptroller of the Currency (OCC) Federal Reserve Member Banks (FRB) Federal Deposit Insurance Corporation (FDIC) Housing and Urban Development (HUD)
  9. 9. Compliance Examinations Compliance examinations are primarily done to assess the quality of an FDIC- supervised institution's compliance management system To implement federal consumer protection statutes and regulations To review compliance with relevant laws and regulations To initiate effective supervisory action when elements of an institution's compliance management system are deficient or a significant violation of the
  10. 10. Compliance Visitations Compliance visitations are conducted by the FDIC to review the compliance posture of newly chartered institutions coming under FDIC- supervision, or in the interval between compliance examinations to review an institution's progress on corrective actions.
  11. 11. Compliance Investigations Compliance investigations are conducted primarily to follow-up on particular consumer inquiries or complaints, including fair lending complaints.
  12. 12. Institution Awareness All employees of Devon Bank should follow the rules and regulations when performing job duties. Devon Bank is responsible for promoting awareness for violation of laws and regulations.
  13. 13. Regulatory Compliance Regulatory compliance is the goal that financial institutions aspire to reach in the efforts to ensure all personnel are complaint with relevant laws and regulations. At Devon Bank, all employees are required to conduct business in a legal and ethical manner.
  14. 14. Things to Remember Do not discriminate against a client or employee because of race, gender, religion, national origin, color, age, disability, sexual orientation or preference or veteran status Commit to the highest standard of business and ethical conduct in all activities while representing Devon Bank Respect the rights of others Avoid conflicts of interest and self dealing Be award of laws, rules, regulations and policies that apply to your job Promote accuracy and truth in Devon Bank business transactions Maintain absolute confidentiality regarding client’s records Report any perceived wrongdoing to your supervisor of the Devon Bank Compliance Department Do not destroy any records except in accordance to Devon Bank policy
  15. 15. Now that you are aware of FDIC compliance regulations that govern all banking institutions, we will next review responsibilities for the Lending Department.
  16. 16. Devon Bank Lending Department Lending has many function within Devon Bank. It is an important branch which allows Devon Bank to serve its customers by providing expertise in their knowledge of lending. It is vital for every lending assoicate to be knowledgable in lending federal rules and regulations
  17. 17. Next we will review Federal Rules and Regulations for the Devon Bank Residental Lending Department.
  18. 18. Devon Bank Residental Lending Department Regulations Regulation AA: Unfair or Deceptive Credit Practices Establishes procedures for receiving and handling consumer complaints regarding institutions. Consumers sending complaints to regulatory agencies. Prohibits institutions from using certain provisions in their consumer credit contracts
  19. 19. American Disabilities Act The main aim of this disabilities act is to stop any kind of discrimination in employment, transportation, public programs and services, telecommunications services and public accommodation.
  20. 20. Bank Secrecy Act This act requires financial institutions in the United States to assist United States government agencies to detect and prevent money laundering. Financial institutions are required to keep records of cash purchases of negotiable instruments and file reports of cash purchases of these negotiable instruments of ten thousand dollars or more.
  21. 21. Patriot Act The function of the Patriot Act is to deter and punish terrorist acts in the United States and around the world. The Patriot Act prevents, deters and helps prosecute international money laundering and financing of terrorism.
  22. 22. Anti-Money Laundering Designed to encourage commercial banks and savings associations to meet the needs of borrowers in all segments of their communities, including low-and moderate- income neighborhood.
  23. 23. Community Reinvestment Act Designed to encourage commercial banks and savings associations to meet the needs of borrowers in all segments of their communities, including low-and moderate- income neighborhoods.
  24. 24. Diversity Bank employees must understand the challenges that come with diversity such as the aspect of cultures having different standars for communication and different beliefs. By eliminating sterotypes and embracing diversity, individuals will be able to work through those difference in their workforce and maximixe the productivity of the organization.
  25. 25. Elderly Abuse Legislation is being passed across the county due to many senior citizen being the victims of financial exploitaion. Should a bank fail to report suspicions of elder financial abuse, they will be held liable.
  26. 26. Regulation B:Equal Credit Opportunity Act (ECOA) Prohibits creditor practices that discriminate on the basis of race, color, religion, national origin, sex, marital status or age (provided the applicant has the capacity to contract) to the fact that all or part of the applicant's income derives from a public assistance program. ECOA also applies to the fact that the applicant has in good faith ecercised any right under the Consumer Credit Protection Act.
  27. 27. Bank Bribery Act Amends the federal bank bribery law. Prohibits any employees, officers, directors, agents and attorneys of financial institutions form accepting anything of value for or in connection with any transaction/exchange.
  28. 28. Regulation V: Fair Credit Reporting Act Promotes accuracy, fairness and privacy of personal information assembled by Credit Reporting Agencies.
  29. 29. Fair Debt Collection Practices Act Curbs abusive debt-collection practices by promoting fair debt collection and providing consumers with an opportunity for disputing and obtaining validation of debt information in order to ensure the information's accuracy.
  30. 30. Fair Lending Law Ensures equal objective and non-baised treatment of existing and prospective customers in all credit-related transactions are made.
  31. 31. National Flood Insurance Reform Act Instructs banks not to increase, extend or renew any designated loan unless the building, mobile home or any personal property. Securing the loan is covered by flood insurance for the term of the loan for the paricular type of property under the act.
  32. 32. Gramm-Leach-Bliley Act Requires financial institutions that offer customers financial services or products like financial or investment advice. Loans or insurance to explain their information sharing practices to their customers as well as to safeguard sensitive data.
  33. 33. Regulation C:Home Mortgage Disclosure Act (HMDA) This is intended to provide the public with loan data that can be used to help determine whether financial instituions are serving the housing needs of their communities. This requires certain lenders to collect data from the various types of home buying/ improvement loan application.
  34. 34. Information Security Bank employees must understand the importance of protecting customer and employee information. Complying with the laws and regulations that required due diligence, following proper security policies and procedures, as well as reporting potential problems.
  35. 35. Federal Reserve Act 23A-Relations with Affiliates RRegulates transactions between a bank and it affiliates. The following transactions are not permitted by banks: Parent company's overdrawn checking account with bank subsidiary Payment of organization costs by bank subsidiary
  36. 36. Federal Reserve Act 23B- Restricitons on Transactions with Affiliates Expands the range of retrictions on transactions with affiliates. Any transaction by a member bank or its subsidiary with any person shall be deemed to be a transaction with an affiliate of such bank, if any of the proceeds of the transacion are used for the benefit of or transferred to an affiliate.
  37. 37. Regulation W: Transations between Banks and their Affiliates Implements sections 23A and 23B of the Federal Reserve Act, which establish certain restrictions on and requirements for transactions between a member bank and its affiliates. It applies to all fedrally-insured depository instituions and requires that transactions between member banks uphold stipulations.
  38. 38. Physical Security National Institute for Occupational Safety and Health depicts workplace violence as any physical assault, threatening behavior or verbal abuse occurring in the work setting. Devon Bank employees should be knowledgeable and maintain awareness in regards to possible work place violence.
  39. 39. Real Estate Lending Reminds institutions that strong risk management practice and appropriate levels of capital are essential elements of a sound commercial real estate.
  40. 40. Service Members Civil Relief Act Offers short-term financial and legal relief to military personnel and their dependants, by placing specific requirements on the financial service industy and legal system. It provides a wide range of protections for individuals entering, called to active duty in the military or deployed service members.
  41. 41. Sexual Harassment It is necessary for all employees to be knowledgeable in what is and what is not acceptable behavior at Devon Bank. In order to minimize the banks sexual harassment complaints, all employee should keep a look out for inappropriate conduct/language, speak up to prevent it and report incidents with the HR.
  42. 42. Regulation Z: Truth in Lending Requires disclosure of significant terms of consumer credit in prescribed language and formats. Contains requirements for advertising and disclosures for open-end credit. Contains requirements for advertising and disclosures for closed-end mortgages.
  43. 43. You have just completed the review of Federal Rules and Regulations for the Devon Bank Residential Lending Department Next you will complete the practice activities
  44. 44. Question #1 Regulation W establishes restrictions on transactions against banks and their affiliates: a) True b) False
  45. 45. Question #2 Which regulation ensures bank employees protect customer and employee information: a) Bank Secrecy Act b) Anti-Money Laundering Act c) Information Security d) Gramm-Leach-Bliley Act
  46. 46. Question #3 Which act encourages commercial banks and savings associations to meet the needs of low income borrowers: a)Gramm-Leach-Bililey Act b)The Bank Bribery Act c) Community Reinvestment Act
  47. 47. Congratulations you have completed the Devon Bank Residential Lending Department Compliance Training!