NAFCU Compliance Blog

NCUA Report: Q&A with Director of NCUA's Office of Consumer Protection; Free NAFCU Webcast

Written by Steve Van Beek

Last Friday, I blogged about the 2013 HMDA Getting it Right! Guide. The importance of accurate HMDA data was also emphasized in the April 2013 NCUA Report. The newsletter includes a Q&A with Gail Laster, Director of NCUA's Office of Consumer Protection - including these two Q&As:

"Q: What are some of the major fair lending compliance issues you are seeing?

A: One major fair lending compliance issue that we're seeing involves the quality of Home Mortgage Disclosure Act (HMDA) reports. HMDA data serves an important purpose for [NCUA's] fair lending examiners and the public. It lets us confirm that all Americans are getting equal access to credit to help them fulfill one of our fundamental rights - the right to own property.

To address the data quality issue, we hosted a webinar in January that explained the process for submitting HMDA data and reviewed some of the most common errors credit unions make when completing the HMDA reports. [The webinar is available here]. 

Q: Can these kinds of data errors raise red flags?

A: Although we find most data reporting errors are unintentional, there are cases where the errors are symptoms of other weaknesses in lending processes or internal controls. Poor HMDA reporting can raise concerns about compliance with disclosure requirements associated with mortgage loan applications. It also makes it difficult to evaluate whether a financial institution is complying with fair lending laws.

Poor HMDA data is also an indicator of a lack of due diligence or a need for more training on the collection of mortgage loan application data or reporting procedures."

You can view the full Q&A here.

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Free NAFCU Webcast.  On May 8th, NAFCU will be hosting a free webcast on NCUA's Office of Consumer Protection: Function, Role and Objectives. NCUA's Director of the Office of Consumer Protection, Gail Laster will be presenting alongside Tonya Sweat, Director of Consumer Compliance Policy & Outreach in NCUA's Office of Consumer Protection. By viewing the webcast, you'll:

• Learn about the OCP initiatives in consumer compliance and fair lending;
• Understand the office’s vision and objectives; and
• Get an analysis of the interagency activities designed to help credit unions implement the regulations issued by the CFPB.

And, best of all - the webcast is free to ALL CREDIT UNIONS.  You can sign up here.

2013 HMDA Getting it Right Guide; New NAFCU Calendar; Reg Alert on Escrow Proposal

Written by Steve Van Beek

2013 HMDA Guide. Yesterday, the Federal Financial Institution Examination Council (FFIEC) issued the 2013 HMDA Getting it Right! guide. According to the main page:

"The 2013 edition reflects the transfer of authority over Regulation C from the Federal Reserve Board to the Consumer Financial Protection Bureau. Appendix D, comment 1003.2 (Financial Institution)-2 is updated with the asset-size threshold exemption applicable to collection of 2013 data. There are also minor changes to the general text of the Guide, including updates to Sources of Geographic Information and Submitting the LAR."

You can find the full PDF of the 2013 Guide here.  

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Long Time Coming. Now, you may be wondering when the last version of the Guide was issued?  2010.  The 2011 version would have been the lame duck one when the Federal Reserve still had authority for Regulation C (HMDA). However, there was no guide issued. On July 21, 2011, the CFPB took over Regulation C and they failed to release a guide in 2012.  Fortunately, in year two, the CFPB found the time to update the Guide and provide guidance to HMDA-reporting institutions.

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Garbage In, Garbage Out? The CFPB is a self-described "data-driven" agency. If you doubt it, take a read through this Bloomberg.com story: U.S. Amasses Data on 10 Million Consumers as Banks Object. To me, if you want to be data-driven - the best first step is to make sure your regulatory requirements are clear and understandable so that the data you collect (whether it be consumer complaints, HMDA data, or anything else) is as reliable as possible. But, that's just me.  

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NAFCU Calendar.  NAFCU has a new calendar on our website that features:

• Compliance Deadlines;

• Important Regulatory Dates;

• Education & Conferences;

• CU Research Survey Deadlines; and

• Other Important Dates.

The calendar allows you to navigate month-by-month, click to find more information and add dates to your own calendar. For example, the "more information" link on the June 1st Escrow Changes Deadline includes this information:

CFPB Compliance Deadline: Escrow Requirement

Description:

Amended escrow requirements for higher-priced mortgage loans. Added a new small creditor exemption for credit unions that meet a four-part test.

Regulatory Text: 12 CFR 1026.35

NAFCU Compliance Blog: Mortgage Reform - Escrows

NAFCU Resources: www.nafcu.org/mortgagerules/#escrow

Download the latest full Compliance Calendar, including proposed regulations, past deadlines and more.

Date:Jun 01, 2013    

Add to Calendar                                             Back to Calendar

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NAFCU Members. The Mortgage Rules webpage includes NAFCU's Regulatory Alert on the CFPB's recent proposed rule. The proposal was published in the Federal Register yesterday and only provided 15-days for comments (comments to NAFCU on the Regulatory Alert are due on Wednesday, April 24).  

Two March 1st Deadlines: Electronic Payments & HMDA Data

Written by Steve Van Beek

Friday - March 1st - marks the deadline for two completely unrelated issues.

Mandatory Electronic Federal Payments.  Starting March 1st, all federal benefit payments must be electronic.  While this won't necessarily be a direct impact on your credit union - it will be a big change for some of your members.  We blogged on this back in December and included links to numerous resources from Treasury's Go Direct campaign.

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Home Mortgage Disclosure Act (HMDA) Deadline.  Friday is also the deadline for credit unions to submit their 2012 HMDA data.  NCUA previously issued Regulatory Alert 13-2 which highlights the March 1, 2013 deadline for submitting HMDA data.

Additionally, NCUA conducted a free HMDA webinar on January 24th that credit unions should be sure to check out.  The webinar features discussion from NCUA's Office of Consumer Protection, the Federal Reserve's HMDA/CRA team (including my wife - who did a great job*) and representatives from the CFPB and OCC.  The archived webinar is available here.

*And, I'm not just saying this because I didn't wish her a Happy Valentine's Day on the blog (unlike a certain other veteran NAFCU blogger).   

Listen for yourself, I'll say it again - great job!  

NAFCU's Regulatory Compliance School Just Got Better - Regulatory Update Day

Written by Steve Van Beek

We've heard you!  For the past couple of years, we've received the following feedback about NAFCU's Regulatory Compliance School (paraphrased, of course):

"School is great and provided a solid foundation for understanding the regulatory requirements credit unions face on a daily basis.  BUT, the rules are changing so fast that it would be great to receive updates on what has just changed and what is changing next."

With this in mind, we've created Regulatory Update Day at NAFCU's 2013 Regulatory Compliance School (March 18-23 in National Harbor, Maryland).  

Regulatory Update Day (Thursday, March 21st) will provide:

• A clear understanding of what changes NCUA has in store for 2013 – including their Exam Focus

• An overview of the scope and applicability of the CFPB’s seven new mortgage regulations*

• A detailed look at the CFPB’s Qualified Mortgage/Ability-to-Repay requirements*

• Answers to Frequently Asked Questions on the mortgage rules from NAFCU’s compliance team*

• Insight from credit union attorneys and practitioners on how best to set up your implementation strategy

You can find more information on Regulatory Update Day here.  The three sessions with the "*" are sessions that are also part of NAFCU's Mortgage Reform Webcast Series.

The other 4 days of Compliance School will remain the same as will the opportunity to take the NAFCU Certified Compliance Officer (NCCO) exams.  Good luck!  

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And, all attendees at NAFCU's 2013 Regulatory Compliance School will receive NAFCU's 2013 GPS (coming soon!) as well as NAFCU's Scope & Applicability Charts.

Remember:  You do not need to be a NAFCU member credit union to attend NAFCU's conferences or webcasts.  In fact, you don't even need to work at a credit union.  Each School usually features a handful of consultants, vendors and other credit union "peeps" who support credit unions - in one way or another - on a daily basis.      

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Economic Census Forms; Upcoming Webinars & Webcasts

Written by Steve Van Beek

Economic Census.  Your credit union may have gotten an Economic Census form (the forms were sent between October and December).  The deadline for completion is February 12th.  To help facilitate understanding of this form and the requirement, the Office of Business Liaison at the Department of Commerce has put together information, numerous FAQs and is hosting a webinar on Wednesday, January 24th at 1:00 p.m. EST.  Note: There was a prior webinar on October 11th, 2012.  The slides from that presentation are here (very large PPT file) and a transcript is available here.

There are additional help resources available here.  

The FAQs include specific information for different industries - including credit unions.  The credit union FAQs are here and forms are here.  Remember, the deadline is February 12th, 2013.  

Note:  Not every credit union will receive a form.  But, be sure to check with folks and see if your CU has and make sure it is completed by February 12th. 

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There are also numerous other webinars and webcasts this week.  

NCUA Webinar on Serving Low-Income Members.  NCUA is hosting a free webinar on Strategic Issues for Servicing Low-Income Members.  This webinar is Wednesday, January 23rd at 2 p.m. EST.  If your credit union recently received your low-income designation, this might be a useful webinar.  Here is from the announcement:

"Staff from [NCUA's] OSCUI and NCUA’s Office of Consumer Protection will discuss ways low-income designated credit unions may improve and increase service to low-income members. In addition, the staff will present sample products and services designed to meet the needs of these members."

You can register here. 

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NCUA HMDA Webinar.  NCUA will also be offering a free webinar entitled HMDA: Accuracy and Timeliness.

The webinar will be Thursday, January 24th at 2 p.m. EST.  You can register for the webinar here and you can also send any questions to webinarquestions@ncua.gov.  

NCUA also recently issued Regulatory Alert 13-2 which highlights the March 1, 2013 deadline for submitting HMDA data.  Earlier, they had sent Regulatory Alert 13-1 which discusses the $42 million asset threshold for 2013 HMDA reporting.

Does anyone know how these Regulatory Alerts are delivered?  Why don't they go through NCUA Express?  Another one they buried on their website was Regulatory Alert 12-4 on the CFPB's Remittance Rule. 

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Upcoming NAFCU Webcasts.  NAFCU will be offering a very full slate of webcasts in 2013.  And, you can be assured that quite a few will be focusing on compliance - especially the new mortgage requirements.  Below are our next couple webcasts:

• The CFPB's International Remittance Transfer Disclosure Rules - Thursday, January 24th from 2:00 - 3:30 p.m. EST.  Mary Lou Heighes will walk attendees through the final rule as well as aspects of the proposed rule that you need to know.  Mary-Lou has been very involved in the remittance transfer rule from the start and gave a great presentation at our Compliance Seminar in October.  And, because of the importance of this rule - we are extending the early-bird registration price indefinitely.  You can sign-up for this webcast any time and receive the early-bird price.  

Remember: All of NAFCU's webcasts are available on-demand as well.  If you can't make the live webcast (perhaps because you need to watch the HMDA webinar or the Census webinar live), you can always watch the on-demand webcast at a later date.

• Top HR Compliance Issues Affecting Credit Unions in 2013 - Wednesday, February 6th from 2:00 - 3:30 p.m. EST.  Margaret Fiester from the Society of Human Resource Management (SHRM) will discuss how credit unions will be impacted by various future reforms - including tax reform and health care reform.  Register by January 30th to Save $100.  

NCCOs:  Both of the webcasts above will earn credits toward renewing your NAFCU Certified Compliance Officer (NCCO) designation.  If you see this logo -  - you'll be sure the webcast will be offering NCCO credits.

New NCCO Affidavit Process:  We also have a new, streamlined NCCO affidavit.  You can find the fillable-form located here.  If you are an NCCO and attend a NAFCU webcast with this symbol -   - be sure to use this form.   

ATM Fee Disclosure Bill Signed; HMDA Reporting Threshold

Written by Michael Coleman, Regulatory Compliance Counsel

ATM Fee Disclosure Bill. On Thursday, December 20^th, 2012, President Obama signed the ATM Fee Disclosure bill (H.R. 4367) into law. We previously blogged about the impact this law has for credit unions, including the reduction of litigation risk, state law impacts, removal of the physical signs, and updates to Regulation E.

Now that the bill has been signed into law, the federal requirement for posting a physical notice on the ATM itself has been removed. Therefore, the credit union’s litigation and compliance risk going forward was reduced effective December 20, 2012.  This will allow credit unions to reduce the time and effort and costs spent tracking, photographing, documenting and auditing the notices on your ATMs.

State Law. As noted before, although the federal requirement for the physical notices has been eliminated, there still may be state laws which require a physical notice on ATMs. Two states that we are aware of that have such laws are New York (NY Gen Bus § 399-y) and Nevada (Nev. Rev. Stat. Ann. § 660.052). You might want to check your own state’s laws and perhaps consult your local counsel with regards to any state law requirements that might affect your credit union. If you find applicable state law citations, please feel free to let us know.  

Removal of Notices. While the notices are no longer required on the actual ATMs, there is really no harm in leaving them there, and no reason to immediately remove the existing notices from the machines. The extra notice provided by the sign is still a service to member and non-member ATM users, and as mentioned above, there may be state law requirements for on machine disclosures.

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2013 HMDA Asset Threshold. On December 28, 2012 the CFPB announced  the 2013 HMDA asset threshold, the final rule was published in the Federal Register on December 31, 2012. Institutions with assets of $42 million or less as of December 31, 2012, are exempt from HMDA reporting in 2013. The CFPB was a bit more timely with the publication of the threshold this year (they announced the 2012 threshold on February 15, 2012), let’s hope the trend continues.

HMDA Data Entry Software.  The free FFIEC HMDA Data Entry Software, version 2013 for calendar year 2013 data due March 3, 2014 is now available for download.

NCUA HMDA Webinar. NCUA will host a free webinar on January 24, 2013 at 2pm EST entitled “HMDA: Accuracy and Timeliness.” During the webinar experts from NCUA and the Federal Reserve Board will:

• address common errors identified in HMDA LAR data and submissions;
• provide tips for preparing and submitting accurate and timely HMDA LARs; and
• discuss financial institution management responsibilities in the HMDA process.

You can register for the webinar here. See NCUA’s press release for more details.

2012 HDMA Data. Reminder: For those credit unions over the 2012 threshold, your HDMA data for calendar year 2012 must be submitted by March 1, 2013.

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Redskins, Again. Last week was the end of the NFL’s regular season, and the Redskins came up big time defeating Dallas to win the NFC East for the first time since 1999 and secure their first playoff berth since 2007. Needless to say, this weekend’s playoff game against Seattle has this Skins fan excited!

  

CRA/HMDA Reporter; Current Issues in Credit Unions

Written by Steve Van Beek

I enjoy getting my hands on any type of resource that can be helpful to credit unions.  I'm passing three on today that I hope are useful to you.

CRA/HMDA Reporter.  Obviously, the CRA part isn't applicable to credit unions - but, the HMDA parts are very detailed and highlight common mistakes from HMDA filers.  Here is a sample from the Reporter:

"What Triggers a Recreated HMDA Disclosure Report?

Many institutions resubmit their HMDA data after the initial March 1 deadline for a reporting year. A resubmission of data can generate a Recreated Disclosure Report (a “recreate”) depending on the date the data is resubmitted. If an institution resubmits before the last Wednesday of April for the current reporting year, a recreate will not be generated.

The resubmitted data will be reflected in the public disclosure reports released the following September on the Federal Financial Institutions Examination Council’s (FFIEC) HMDA website (at www.ffiec.gov/hmdaadwebreport/DisWelcome.aspx). Any resubmission for that year that takes place after the April cutoff date will not be reflected in the public disclosure report, but a recreate will be e-mailed to the institution.

A recreate will be e-mailed to an institution once it has been successfully marked complete and after the public data have been posted to the FFIEC HMDA website. To be marked complete and receive a recreate, an institution must indicate the reason for resubmission (such as a bank exam or internal audit) on the Confirmation Sheet.  If a resubmission was due to a bank exam, the institution must specify what type(s) of error was discovered that warranted a resubmission.

Once the above information is verified, an institution will be marked complete and its recreated disclosure report will generate overnight. It will be e-mailed the next day or following the September public release to the contact person listed on the Transmittal Sheet."

Additionally, this might be the most helpful as well:

"Signing up for E-mail Alerts

Q:  How can I be notified when the HMDA Aggregate and Disclosure Reports have been released to the public?

A:  HMDA Alerts are distributed when updates or revisions about HMDA data are posted to the FFIEC HMDA website; this includes the public release of the HMDA Aggregate and Disclosure Reports.

To sign up, go to www.ffiec.gov/hmda and click on the “E-mail Alert Sign-Up” icon. You will be asked to enter and confirm your e-mail address. (Subscribers can also update or remove e-mail addresses using this same link and selecting “Subscriber Preferences.”)"

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Current Issues in Credit Unions.  The latest Current Issues in Credit Unions podcast (#76) is now available.

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KaufCan Fall Update.  A very good article on Bankruptcy Changes is also worth reviewing.  

CFPB Updates Thresholds; Waiting on HMDA

Written by Steve Van Beek

Recently, the CFPB announced the 2013 threshold levels for HOEPA/Section 32/High-Cost loans as well as exemption levels for both Reg Z and Reg M.  They haven't released the HMDA asset threshold for 2013 yet, but we'll be sure to pass that along when it is published (last year's release was, unfortunately, delayed until February 15th).  

• The HOEPA fee threshold for 2013 will be $625 in fees.  

• The Regulation M (consumer leasing) threshold for 2013 will be $53,000 (up from $51,800 in 2012).

• The Regulation Z threshold for 2013 will also be $53,000 (up from $51,800 in 2012).  

For the Reg Z threshold, a couple of things to keep in mind:

• Private student loans are subject to Reg Z regardless of the loan amount.
• Loans secured by real property (mortgages) are subject to Reg Z regardless of the loan amount.  
• Loans secured by personal property used or expected to be used as the member's principal dwelling are subject to Reg Z regardless of the loan amount.

Additionally, most credit unions provide the Reg Z disclosures for all loans (even a $55,000 closed-end car loan) in order to keep consistent for their loan teams.  

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HMDA.  Last year's asset threshold was released on February 15th even though the Federal Reserve had historically announced the updated threshold in December of the year prior.  Hopefully the CFPB has learned from its growing pains of the first year and realizes how important it is to be timely with issues as important as the annual HMDA asset threshold.

CFPB Releases Semiannual Regulatory Agenda - Spring 2012; Seminar in Seattle

Written by Steve Van Beek

CFPB Regulatory Agenda.  Yesterday, the CFPB posted its Semiannual Regulatory Agenda - for spring 2012.  The previous Semiannual Regulatory Agenda was released in February 2012.  The latest release follows the same format and includes a listing of regulations in the various rulemaking stages: prerule stage, proposed rule stage, final rule stage, long-term actions and completed actions.  

Below is a listing of the various future regulations - organized by rulemaking stage.  Keep in mind the agenda is current as of April 13, 2012 and the CFPB has taken numerous actions since putting this agenda together.    

Prerule Stage:

• Registration of Certain Nonbank Covered Persons
• Supervision of Larger Depository Institutions and Affiliates
• Home Mortgage Disclosure Act (Regulation C)
• Requirements for Prepaid Cards (Regulation E) 

Proposed Stage:

• Amendments to TILA and FIRREA Concerning Appraisals
• Disclosure Rules and Substantive Protection for Certain High Cost Mortgage Loans (Regulation Z)** (proposed on July 9th)
• Mortgage Originator Standards (Regulation Z)
• Mortgage Servicing (Regulation X; Regulation Z)
• TILA/RESPA Mortgage Disclosure Integration (Regulation X; Regulation Z)** (proposed on July 9th)
• Credit Card Pre-Opening Account Fees (Regulation Z)
• Procedural Rule To Establish Supervisory Authority Over Certain Nonbank Covered Persons Based on Risk Determination
• Supervision of Certain Nonbank Covered Persons—Defining Larger Participants in Certain Consumer Financial Product and Service Markets (LP 2) 
• Copies of Appraisals or Other Valuations To Be Furnished by Creditor (Regulation B)

Final Rule Stage:

• Supervision of Certain Nonbank Covered Persons—Defining Larger Participants in Certain Consumer Financial Product and Service Markets (LP 1)** (finalized on July 16th)
• Disclosure of Records and Information
• State Official Notification Rule
• Rules Relating to Investigations
• Rules of Practice for Adjudication Proceedings
• Restatement of Federal Consumer Financial Law Regulations
• Requirements for Escrow Accounts (Regulation Z)
• TILA Ability to Repay (Regulation Z)
• Confidential Treatment of Privileged Information
• Disclosure Rules for Remittance Transactions (Regulation E)

Long-Term Actions:

• Alternative Mortgage Transaction Parity (Regulation D)
• Business Lending Data (Regulation B)
• TILA Mortgage Amendments (Regulation Z) 

Completed Actions: 

• Disclosure Rules for Remittance Transactions (Regulation E)

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Only 27 potential rulemakings!!  The Regulatory Agenda also includes a short summary of each rulemaking that is useful for providing a quick overview of what will be covered by the rulemaking.  However, as last Monday's proposed rules show - a short summary doesn't do much when the proposals are 1099 pages and 293 pages.  

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NAFCU's 2012 Regulatory Compliance Seminar.  Luckily, you don't have to read and understand all 27 potential rulemakings on your own.  We'll be covering quite a few of them at our 2012 Regulatory Compliance Seminar in Seattle, Washington - October 23-26.

The program-at-a-glance is available here (and we'll be including additional sessions as the proposals continue to flow).  We already have a session on the TILA/RESPA mortgage disclosures, the upcoming mortgage servicing proposal (including the periodic statement requirement) as well as a session on the remittances final rule.  Detailed session descriptions can be found here.

Remember - you do not need to be a NAFCU member to attend.  And, Save $100 if you Register by August 31st!

House Passes ATM Disclosure Fix; Flood Insurance Extended for 5 Years; HMDA

Written by Steve Van Beek

ATM Disclosure Bill.  On Monday, the House voted 371 to 0 to pass H.R. 4367 which would remove the "on the machine" fee disclosure requirement from the Electronic Funds Transfer Act (and 12 CFR 1005.16 of Regulation E).  Up next, NAFCU will continue to push the Senate to pass a similar bill.    

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Flood Insurance.  On Friday, President Obama signed a long-term reauthorization of the National Flood Insurance Program.  The five-year extension pushes the program through September 30, 2017.  This long-term extension will provide some sense of certainty in the mortgage market in the upcoming years.  Even as most other parts of the mortgage process will be changed by Dodd-Frank, at least credit unions will not need to worry about continual lapses of the flood insurance program.  

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The CFPB's republishing of the consumer regulations has caused a couple of technical issues.  Hopefully, these will be fixed by the CFPB in the future - but I wanted to point one out as an important resource has been accidently hidden during the republishing.  

HMDA Commentary.  The official staff commentary of Regulation C provides extensive information and discussion on the underlying HMDA reporting requirements.  Unfortunately, during the republishing the official staff commentary - Supplement I - was pushed under Appendix B in the Electronic Code of Federal Regulations.  Until this is fixed, you'll need to go to Regulation C in the e-CFR and then scroll through Appendix B in order to find the official staff commentary to Regulation C (Supplement I).