Date/Time |
Session - Description |
Oct. 21, 2008
8:00 - 8:30
Mary Beth Guard
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Welcome and Overview -
An explanation of what we're going to cover and how we're going to cover it. In this segment, we'll analyze the "lay of the land" and discuss the challenges we see ahead.
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8:30 - 9:30
Lucy Griffin
Elva Coffey-Sears
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Product Design and Development:
Fundamental concepts for avoiding compliance mistakes in the process of designing and developing products.
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| 9:30 - 9:45 |
Break |
9:45 - 11:00
Andy Zavoina
Mary Beth Guard
Gary Hess
Elva Coffey-Sears
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Product Design and Development Process Checkup, including e-lending challenges
Examining what's new in compliance that would affect this process and what common errors/violations creep up during design and development. We'll talk about where and how compliance goes awry in product design and development and how to stop it from happening and strategies for paying attention to triggers and flags that entail additional compliance burdens.
For example, we'll talk about how JWNDAA coverage and FACT Act provisions will impact your decisions on new products. We'll also discuss compliance management aspects of this phase - how to get involved and stay involved in the product development process and identification of compliance risk issues
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11:00 - 11:30
Lucy Griffin
Elva Coffey-Sears
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Strategies for getting it right from the get-go.
Setting up your infrastructure to ensure the latest compliance requirements don't slip through the cracks and common trouble spots are addressed (include policy and procedure development as well as necessary tools such as computer support)
|
11:30 - 12:00
Andy Zavoina
Mary Beth Guard
Dan Persfull
Gary Hess
|
Product Planning Checkup:
- Substance of, and timing for, new mandatory training requirements, such as ID theft prevention.
- Examining your options on product delivery methods and the compliance implications of each.
- Review of pending changes to consider in planning
|
| 12:00 - 1:00 |
Lunch |
1:00 - 2:15
Pat Cashman
Gary Hess
|
Marketing:
How to avoid having your ads come back to haunt you. What should the compliance role be in marketing? Your role includes training those who compose ads, reviewing the ads in advance, providing checklists where applicable and tact, in getting it all done.
|
| 2:15 - 2:30 |
Break |
2:30 - 3:30
Lucy Griffin
Pat Cashman
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Marketing Checkup: Watch what you're promising!
- Unfair and Deceptive Acts or Practices to avoid
- Before you embrace online or email marketing, what you need to know
- Getting in line with the latest affiliate marketing requirements
- Using CRA/HMDA data to see where you and others are lending to target your market
- Steering clear of trouble spots
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3:30 - 4:30
Mary Beth Guard
Elva Coffey-Sears
Andy Zavoina
Lucy Griffin
Pat Cashman
Dan Persfull
Gary Hess
|
So there is a screw up, what do you do? How do you handle:
- Disclosures and notices that weren’t properly given;
- Errors in calculating the finance charge;
- Inaccurate estimates on GFE’s;
- Rescission flubs;
- Your scenarios
|
Oct 22, 2008
8:00 - 8:30
Andy Zavoina
|
Examiner hot buttons |
8:30 - 10:15
Pat Cashman
Dan Persfull
|
Taking and Processing Applications:
- Trouble spots like documenting joint intent, looking out for JWNDAA-covered loans, avoiding medical information violations
- Electronic disclosures and E-Sign requirements
- Fair lending bugaboos
- Disclosure timing requirements
- Processing time requirements
- Other problems you'll encounter and how to resolve them, such as flood requirements waived by lender, Reg Z ignored by commercial lender to commercial borrower on a consumer loan
- Detecting and responding to red flags that could indicate identity theft
- Dealing with address discrepancies
- Red Flag Identification
- CRA/HMDA data tracking
- Trouble spots
|
| 10:15 - 10:30 |
Break |
10:30 - 12:00
Karen Neeley
Pat Cashman
|
Decisioning Process and Strategies:
- What can and can not be used in the decision process
- Ramifications of using what shouldn't have been in the decision
- How to document loan files
- What is a refinance and what is required for compliance
Decisioning Trouble Spots and Issues
Lenders make the decision to approve or deny a loan, but that doesn't mean there are no compliance responsibilities. You must take ownership:
- What does your CRA/HMDA data say about you?
- Impact of CRA initiatives or special programs
- Fair lending considerations and using CRA/HMDA data analysis
- Required notices - the list keeps expanding!
- Risk-based pricing, what it is, what you'll do under the FACT Act
- Compliance implications when the applicant puts you on hold to clear a bad credit rating, save the down payment, etc.
|
| 12:00 - 1:00 |
Lunch |
1:00 - 2:00
Dan Persfull
Mary Beth Guard
|
Turndown Processes and Strategies:
Good compliance is good business. And just because someone is denied a loan, doesn't mean they won't be a profitable relationship in the future. And if someone is denied in the wrong manner or for the wrong reason, you stand to lose more than a relationship. Doing it right:
- Unsuccessful borrowers - letting them down gently and properly
- Documenting that you did the right thing the right way at the right time
|
2:00 - 3:00
Chuck Lewis
|
At or before closing a loan:
- Ensuring your people are handling CIP, OFAC, Red Flags correctly
- Notices, disclosures, and other fun stuff that can go wrong
- Watching out for common mistakes
- Special issues with refinancing, nontraditional mortgage loans, subprime lending
|
| 3:00 - 3:15 |
Break |
3:15 - 4:00
Chuck Lewis
|
After the loan is made:
Just because a loan request is completed, doesn't mean the day is over. There are still compliance duties left, including:
- Making sure your post-closing procedures are bullet-proof
- Taking care of post-closing disclosures and notices
- Achieving Red Flag compliance over the life of the loan
- Steering clear of junk fees
- Observing compliance requirements triggered by delinquency
- Compliance aspects of collection efforts
|
4:00 - 4:30
Andy Zavoina
Mary Beth Guard
Dan Persfull
Elva Coffey-Sears
Karen Neeley
Pat Cashman
Chuck Lewis
|
Lessons learned the hard way . . .
You have resources to assist you in new compliance issues. Learn what mistakes have banks been making recently that you can learn from, and avoid.
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Oct. 23, 2008
9:00 - 10:30
Sam Ott
Mary Beth Guard
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Compliance-Related Litigation & Enforcement Actions:
You send out memos with your compliance opinions, but you need to back them up with what justifies your reasoning. Actual court cases help influence and substantiate your position, as well as guide you in the future.
- Recent compliance-related court decisions and their implications
- Pending litigation
- Noteworthy regulatory enforcement orders
|
| 10:30 - 10:45 |
Break |
10:45 - 11:15
Mary Beth Guard
Andy Zavoina
|
Recap of What we know -
This is a lending update of changes in 2008 that you must be prepared for, or are preparing for now. |
11:15 - 12:00
Mary Beth Guard
Andy Zavoina
|
Your To-Do List -
What has to be done when you get back to your office and how to prepare now for what's virtually certain to come. We know that change is constant. And regulatory requirements are going to change in your near future, so what should you be preparing for?
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