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Federal and State Banking Regulators Issue New Examination Procedures on Sampling Methodologies, UDAP/UDAAP, and CARES Act

CFPB Monitor

Recently, the federal banking regulators issued four new sets of examination procedures. On May 26, 2020, the OCC issued a significantly revised Sampling Methodologies booklet to be included in the Comptroller’s Handbook.

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CFPB Finalizes Ability to Repay/Qualified Mortgage Rules

CFPB Monitor

The CFPB recently issued a final rule amending Regulation Z ability to repay rule/qualified mortgage (QM) requirements to replace the strict 43% debt-to-income (DTI) ratio basis for the general QM with an annual percentage rate (APR) limit, while still requiring the consideration of the DTI ratio or residual income. 1 and II.A.4-5

Handbook 148
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Effective CECL model validation: A framework

Abrigo

Takeaway 2 Regulators say management should periodically validate the loss estimation process for the allowance for credit losses (ACL) and any changes to it. Regulators have noted such risks can involve financial losses, poor business and strategic decision-making, or damage to a bank’s reputation.

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Is a Test Environment Necessary? 5 Reasons Why Financial Institutions Need One for Their AML & Fraud Monitoring Systems

Abrigo

Changes could stem from internal sources, like policies and procedures, new products, or product updates; or they could be external changes, like new compliance rules and regulations.

Fraud 150
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Important Considerations When Growing the CRE Portfolio

Abrigo

The OCC Comptroller’s Handbook on CRE lending is careful to point out that CRE lending brings a unique take on other common lending risks, such as credit, interest rate, liquidity, operational, compliance, strategic and reputational risks. For many, commercial real estate lending may be the ticket.

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CFPB Proposes Temporary Extension of the GSE Patch and Revised Approach to the General Qualified Mortgage

CFPB Monitor

The proposal would require that the verification of income and assets be performed in accordance with Regulation Z section 1026.43(c)(4), The impact of the COVID-19 pandemic on how creditors consider income or assets, debt obligations, alimony, child support, and monthly DTI ratio or residual income. c)(4), as modified by the proposal.

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FCA’s Consumer Duty Mandates Sharper Use of Technology

FICO

They apply to both new and existing products and represent one of the single biggest compliance overhauls since the publication of the regulator’s Treating Customer Fairly Initiative in 2006. While it’s being applied in the UK, we’ve often seen other regulators follow Britain’s lead, as was the case with Treating Customers Fairly.