NJBA Community Reinvestment Act and Fair Lending Conference February 23, 2016 Kevin McMahon, Senior Compliance Examiner
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1 NJBA Community Reinvestment Act and Fair Lending Conference February 23, 2016 Kevin McMahon, Senior Compliance Examiner
2 Overview CRA - Community Development Definition - Best Practices Fair Lending - Analysis of Home Mortgage Disclosure Act data - Best Practices 2
3 Community Development Definition Affordable housing for low- or moderate-income (LMI) individuals or families. Community services targeted to LMI individuals. Activities that promote economic development by financing small businesses and farms. Activities that revitalize or stabilize LMI geographies, distressed or underserved non-metropolitan middle-income geographies, or designated disaster areas. Loans, investments, and services that support, enable, or facilitate Neighborhood Stabilization Program (NSP) eligible activities in designated targeted areas. 3
4 CRA Best Practices Help all personnel understand the definition of community development (CD). Develop a standard form that can be used by bank employees to record CD activity. Ensure appropriate documentation is maintained to support that the CD activity qualifies. 4
5 CRA Best Practices Consider setting annual CRA goals. Perform annual CRA self-assessments. Periodically review loans made to non-profit organizations to determine CD eligibility. Consider tracking the dates and number of hours of CD services performed. 5
6 CRA Best Practices If the bank operates in multiple states, MSAs, and assessment areas, track performance separately. Review the bank s donations/investments list and supporting documentation to ensure identification of qualified investments. Reach out to community groups in your assessment areas to ascertain needs. Review what other banks are doing in your area by reviewing their Public Evaluations. Remember your CRA Performance Evaluation is public information! 6
7 Hispanic AmerIndian Asian PI Black NHWhite Male Female Fair Lending Analysis of HMDA Data This is an analysis of a bank s denied applications: Completed Applications Denied Applications Denied Percentage 17.20% 0.00% 14.67% 0.00% 44.40% 16.12% 15.03% 21.05% 7
8 Hispanic AmerIndian Asian PI Black NHWhite Male Female Fair Lending Analysis of HMDA Data Analysis can also be performed with respect to rate spreads to identify any disparities: Average Rate Spread
9 Hispanic AmerIndian Asian PI Black NHWhite Male Female Fair Lending Analysis of HMDA Data This slide analyzes the percentage of withdrawn and incomplete applications: Withdrawn and Incomplete Applications Withdrawn and Incomplete Applications Percentage 20.93% 0.00% 2.27% 0.00% 0.00% 5.10% 6.65% 4.17% 9
10 Fair Lending Best Practices Refer to the Interagency Fair Lending Examination Procedures. Pay special attention to Part III (C) and (D): Transactional Underwriting Analysis Residential and Consumer Loans and Analyzing Potential Disparities in Pricing and Other Terms and Conditions. Periodically review loan and pricing guidelines as part of fair lending reviews. Track underwriting and pricing exceptions by loan officer. Periodically review exception reports to identify any trends. 10
11 Fair Lending Best Practices Include commercial lending as part of the bank s fair lending program. Review FDIC Financial Institution Letter for guidance on spousal signature provisions outlined within ECOA. Develop a risk-based fair lending training program. Provide periodic training to all personnel who can have interaction with a prospective applicant including Customer Service Representatives (CSRs) and tellers. Review complaints for any fair lending implications. Provide Board members with annual fair lending training. 11
12 Resources March 11, 2010 CRA Interagency Q&As November 20, 2013 Supplemental CRA Interagency Q&As FFIEC Interagency Fair Lending Examination Procedures FDIC Compliance Manual Fair Lending Scope and Conclusions Memorandum 12
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