Common Lending Mistakes


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Presented by: Mary Beth Guard and Andy Zavoina                 

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      Learning from someone else's mistake is always a good thing. When examiners are finding violations in one institution, they'll look for those same things in the next. Learn what is being criticized so that you can ensure these errors are not happening in your institution when you are examined. This leads to good grades on your compliance report card and fewer criticisms in your Report of Examination.

Mary Beth and Andy have read reports from the federal regulators and heard from countless bankers in emails, Guru Questions, Bankers' Threads and telephone calls pertaining to "what do you know about…?" These situations can sneak up on a compliance officer and those "doing" compliance at the loan and receptionist desks. This is especially true when there is so much emphasis on new regulatory requirements.

We'll discuss everything from Regulation B to Z and provide you with a laundry list of issues others are having problems with. The chances are you may be struggling with the same issues. Finding these errors and correcting them is an integral part of any compliance program. It is a good feeling when the examiner asks about a certain scenario and you can say "We saw some of that. You'll find it in my audit reports from 9 months ago. But we corrected that procedure and haven't seen an instance of it since." Your senior management and board will appreciate the comments as well. Getting the common violations out of the way early on leaves you to devote time to the other things on your "to-do" list.

Here is a list of just part of what will be covered and each represents an area of concern or common violation:
  • Mess-ups under the risk-based pricing rules.
  • Doing the right thing when monitoring information is not provided.
  • Spousal signatures, what to get and when.
  • Failure to properly collect monitoring information.
  • Improper completion of adverse action notices.
  • Erroneous determination of when early disclosures are required for a mortgage loan.
  • Screwing up on identifying finance charges.
  • Messing up the Settlement Statement.
  • Making the wrong call when it comes to issues like whether a loan extension triggers a flood requirement.
  • When using a MPPP plan, determining what letters go out at renewal.
  • Rate sheet issues and deviations.
  • HMDA errors
  • Early disclosures, when and where.
Plus, we'll discuss:
  • How misunderstanding even simple definitions can cost you.
  • How to monitor operations to avoid future mistakes.
  • Steps you can take to avoid repeating others' errors.
  • And much more.
Bob Dylan sang "The times they are a changin'." That was never more true than today. One change to expect is the tone of your examiners. Since your last exam, they are under pressure to "help" banks better comply. The financial crisis has dealt a blow to all banks and you can expect more regulations, more criticism, and more enforcement actions.

When in the past you may have heard "we only found this violation once so we won't put it in the report of exam" you can now expect to hear "we are citing this single violation of law under…" You must be prepared long before your exam or audit. What better way to plan than to know what to look for in advance!

About the Speakers: Mary Beth Guard currently serves as Executive Editor of BankersOnline.com and CEO of Glia Group, Inc., Mary Beth has had a long and distinguished career, graduating from law school in 1980, then going on to serve as general counsel for the Oklahoma State Banking Department, general counsel for the Oklahoma Bankers Association, and EVP of Specialized services for Thomson Financial Publishing prior to co-founding Glia Group, Inc. and BankersOnline.com. Mary Beth also serves as Executive Editor for BankingQuestions.com and as a partner in BankGuard Resources.

Mary Beth is on the advisory board for Bankers' Hotline. She has presented training programs for virtually every major national financial industry association, as well as more than a dozen state bankers associations and a host of other organizations. In addition, Mary Beth has written more than a thousand banking-related articles and is a BOL Guru.

Mr. Andy Zavoina, CRCM is an Executive Vice President with the Glia Group, best known for its involvement with BankersOnline.com.

Mr. Zavoina has been in finance and banking for 23 years. Over 20 years were with a holding company with two Central Texas community banks that had $534 million in assets, 89 branches spanning Texas and nearly 500 ATMs. After starting in loan workouts, Mr. Zavoina has been a consumer, commercial and real estate lender and managed those departments as well as being the banks first Webmaster. He was responsible for compliance, management, auditing, and training for both banks.

Mr. Zavoina is a past Chairman of the American Bankers Association's Compliance Executive Committee. He was the 2003 recipient of the American Bankers Association's Distinguished Service Award for his involvement and accomplishments in the field of regulatory compliance management. He was chairman of the Editorial Advisory Board for the ABA's Compliance Magazine, Compliance Action magazine, was a member of the ABA's Compliance School Board and is a BankersOnline Guru. He also served on the Texas Bankers Association's Compliance Committee.

He is a graduate of the ABA National Commercial Lending School, National Compliance and National Graduate Compliance School and is a Certified Regulatory Compliance Manager with the Institute of Certified Bankers. He has written numerous articles and lectured on compliance, the use of the Internet and technology as a tool, as well as compliance in cyberspace to local, state and national associations. Internet policies and other compliance related programs are made available on his personal Web site.

You have the right under this license agreement for this CD-ROM to use this presentation on a single-workstation. Use on a network is in violation of the copyright agreements. CD may be used by multiple users at a given institution but may not be placed on a network or in any other multi-user environment.

This program was recorded in its entirety in August 2012. The CD-ROM includes program slides, materials (if available) and follow-up Q & A document.

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This product was added to our catalog on Tuesday 29 May, 2012.

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