Compliance Program 1
NSF/Overdrafts/Representments and UDAAP
​2/7/23 - Macon*
2/8/23 - Tifton
2/9/23 - Metter
* = Live Virtual STREAM Available
​​​Sponsored By:

Renewed interest in generating overdraft revenue has opened the door for many questions – and regulator concerns. Join us as we explore overdraft program and advertising disclosures, promoting overdraft on your website and opt-in promotional practices and best practices to mitigate the inherent risks associated with overdraft programs. We’ll also be breaking down the issues associated with “representments.” 

HERE IS WHAT YOU WILL LEARN:

• Difference between automated, standard, and ad hoc overdraft requirements;
• When your institution can charge an overdraft fee;
• Opt-in procedures;
• Common opt-in problem areas;
• Disclosure requirements;
• UDAAP risks;
• Advertising risks; and
• Regulatory guidance.
• “Representments” practices, risks and regulatory expectations. 
• UDAAP
  This discussion of UDAAP and deposit compliance regulations will help you build the knowledge that you need to help mitigate the risks associated with our deposit activities. We will break down “unfair,” “deceptive” and “abusive” and identify the deposit products and activities that could potentially implicate your institution. We will address specific risk areas and best practices to help you confidently manage your UDAAP policy as it relates to deposit operations.
  
  

HERE IS WHAT YOU WILL LEARN:

• UDAAP definitions and requirements
• Suggested features of a successful UDAAP program
• Deposit activities that expose us to UDAAP risk, including:
  • Advertising;
  • Overdraft programs;
  • Account disclosures; and
  • Account features.
• Best practices to handle those risks
• Complaint program suggestions

Compliance Program 2
Appraisal Regulations & Flood Insurance
6/13/23 - Macon* 
6/20/23 - Tifton
6/21/23 - Statesboro
* = Live Virtual STREAM Available

Appraisal Regulations
To help ensure the creditor receives all debts owed to it from the borrower, loans may be secured by property, to allow the creditor to force it’s sale in the case of borrower default. The valuation of that property, accordingly, is crucial in ensuring the creditor is made whole. These valuations may be in the form of an appraisal or an evaluation, which are an integral part of the lending process.
 
Several rules regulate two basic parts of this process: One, the institution’s process of ordering, obtaining, and reviewing an appraisal or evaluation, and the importance of the independence of the person performing the appraisal or evaluation; Two, when appraisals are required and providing a copy to the borrower.
 
The Appraisal Regulations, and corresponding Interagency Guidance on Appraisals and Evaluations, establish the cornerstone of these requirements, while other rules are found under the Truth-in-Lending/Regulation Z (the valuation independence and higher-priced mortgage loan (section 35) rules) and Equal Credit Opportunity Act/Regulation B (appraisal notice and copy rules).
 
This three-hour program will discuss the Interagency Appraisal and Evaluation Guidelines in detail and provide an overview of the compliance rules under the Truth-in-Lending and Equal Credit Opportunity Act.
 
HERE IS WHAT YOU WILL LEARN:

• An in-depth review of the Appraisal Regulations and Interagency Guidance, which will cover:
  • The appraisal management program
  • Selecting appraisals
  • Ordering and reviewing appraisals
  • When an appraisal or evaluation is required
  • Evaluation standards
• Review of other appraisal rules:
  • Truth-in-Lending Act/Reg Z – valuation independence and higher-priced mortgage loans (section 35)
  • Equal Credit Opportunity Act/Reg B
• Other agency bulletins and statements
• A brief overview of USPAP

 
Flood Insurance Compliance
The flood insurance regulation is a compliance topic that is often a source of confusion and anxiety, as requirements are frequently vague and violations may devolve into civil money penalties.  We also struggle with insurance companies/agents and with business/commercial lenders who push back at the requirements.  Institutions must be aware of the breadth of the flood insurance requirements and the potential pitfalls they may face. 
 
This three-hour session will provide a review of the fundamental obligations that financial institutions have with complying with the flood regulations, including: making the determination of whether flood insurance is required, notification requirements, when and how much insurance is required, force-placement, the detached structure exemption, escrow, and notice requirements. We will also discuss issues that are more complicated and confusing, such as what "insurable" value is and how it is calculated, residential condominium building associations, multiple buildings, and the private flood insurance requirements.
 
The discussion and materials will incorporate the regulations and the ever-important Interagency Q&As, as well as certain portions of FEMA's Flood Insurance Manual.
 
HERE IS WHAT YOU WILL LEARN:

• When the institution must make a flood determination and when it can rely on a previous determination;
•  When notice must be provided, and what the notice must include;
•  Calculation of required insurance
  • What is insurable value?
  • Multiple buildings; Contents coverage
  • HELOCs; Subordinate liens
  • Residential Condominium Assoc Policies (determining sufficiency)
• LODR/LOMA/LOMR
• Detached structure exemption;
• What type of evidence is sufficient;
• How to resolve discrepancies;
• Escrow requirements;
• Force-placement;
• Private flood insurance;
• Civil money penalties.