IBAT News

CFPB Final Rule

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Last week, the Consumer Financial Protection Bureau (CFPB) released its final remittances transfer rule, an amendment to Regulation E. This latest final rule makes two significant changes: 

  • First, it is now optional that providers disclose foreign taxes or fees imposed by a recipient institution for receiving transfers into an account if the provider includes a disclaimer that these fees and taxes may apply. 
  • Second, when funds are deposited into the wrong account because the sender provides an incorrect account number or routing number, the provider must attempt to recover the funds. However, the provider would not be responsible for the cost of funds that cannot be recovered.

A effective date for the final rule is October 28 of this year. The final rule is available on the CFPB website.

CFPB Mortgage Reforms - Part 2

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In order to provide additional clarification on the recently issued CFPB mortgage reforms, IBAT Regulatory Compliance Manager Kelly Goulart is releasing a series of white papers addressing each change contained in the seven major mortgage lending initiatives, six of which have been finalized by the CFPB (more or less).  

The second part of the series, focused on changes to Regulation Z, is now available on the IBAT website.  These changes include prohibitions on mandatory arbitration, waiver of statutory causes of action and financing single-premium credit insurance.

The third part of the series will follow next week focusing on the Ability to Repay (ATR) and Qualified Mortgage (QM) rules.

Previous documents in the series can be found here: 
Escrow requirements for HPMLs.

Week in Review May 3

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Yes, it's that time again. The month's first Friday brings a fresh, new round of employment numbers from the Bureau of Labor Statistics, and, this time, the surprise is to the upside. If one sets the bar low enough, disappointment can be avoided. With the markets expecting an unchanged Unemployment Rate and a 140k rise in Non-Farm Payrolls, imagine the warm, fuzzy feelings generated by the reported 165k rise in NFP along with a .1% decline in the Unemployment Rate to 7.5%. And for those still disconcerted by last month's meager 88k jobs gain... Read more in the Baker Market Update.

CFPB Mortgage Reforms

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Based upon recent conversations with Texas community bankers looking for additional clarification and guidance on the CFPB mortgage reforms, IBAT will be releasing a series addressing each change contained in the seven major mortgage lending initiatives, six of which have been finalized (more or less) by the CFPB.  

The first in this series focuses on the escrow requirements for HPMLs (§1026.35) - which become effective for applications received on or after June 1, 2013.  Member banks will first have to determine if they are exempt from the rule based upon the "Small Creditor" exemption, and if they can take advantage of that "Small Creditor" exemption, exactly what are they exempt from.  In our next installment, we will cover changes to Regulation Z §1026.36(h) and (i) including mandatory arbitration clauses, financing single premium credit insurance, and waivers of certain consumer rights. 

CFPB Rural Exemption

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Early last week IBAT Associate Counsel Shannon Phillips along with IBAT President and CEO Chris Williston met with Senior staff of the Consumer Financial Protection Bureau (CFPB) in Washington, D.C. urging the CFPB to expand its definition of rural areas for exemption from onerous new mortgage rules. Currently, the CFPB definition only excludes 158 or Texas's 254 counties.

IBAT has long advocated that all mortgage loans kept in portfolio by community banks be excluded.  The CFPB has chosen to adopt a rural exclusion model instead and final rules take effect on June 1, 2013.

Phillips reviewed the results of IBAT's analysis of why the CFPB rural definition was overly restrictive and encouraged the CFPB to carefully consider IBAT's findings.  CFPB made it clear that while no changes are contemplated before the June 1 effective date, bureau economists are committed to reviewing the definition in the future.  A copy of IBAT's analysis and recommendations can be found here.

"IBAT will continue to press forward for modification of the rules to exempt more banks domiciled in rural counties," said IBAT President and CEO Chris Williston. "We made our case that the consequences of the current rule would force many IBAT members to abandon their mortgage programs and disenfranchise many borrowers who otherwise do not qualify for traditional mortgage loan financing."

West Relief

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IBAT and TBA recently teamed up to coordinate relief efforts for our banker friends in West, Texas, following the massive fertilizer plant explosion.  We are happy to report that although the fund drive is still ongoing, community bankers have stepped up to help the West community with more than $65,000 in relief donations.  Additional pledges continue to come in every day.  IBAT and TBA will work with POINTWEST Bank and The State National Bank as they assist their own employees who suffered losses and the West community in their recovery and rebuilding efforts.  

"In the same way that our state's community bankers provided financial assistance to our friends devastated by Hurricane Ike and the wildfires that ravaged parts of our state, they are now pulling together to help our friends in West.  Community bankers are a family and when tragedy strikes one, it affects us all, " said Chris Williston, IBAT President and CEO.

You still have time to contribute to the Texas Bankers Disaster Relief Fund and we will continue to keep you informed on fundraising efforts and disbursements in the coming weeks.     

Director Certification Program

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Board education and training are essential "best practices" in the new era of community banking.  Regulatory expectations and wise management both demand a skill set that many directors lack. 

The SW Graduate School of Banking Foundation (SWGSB) and the Independent Bankers Association of Texas (IBAT) have recognized this imperative and have formed the Community Bank Director Certification Program (CBDC) for director certification. A comprehensive curriculum has been created to address all areas of bank directorship - from duties and responsibilities to the fundamentals of bank finance. The first annual certification program will be held this fall at Southern Methodist University's Cox School of Business on November 1-2, 2013.

Who should Attend:
The Community Bank Director Certification is designed for new directors, including directors new to banking, and experienced directors looking to be certified on core director responsibilities and liabilities.

Registration will open soon.

Special Baker Market Update 5.2.13

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Information received since the Federal Open Market Committee met in March suggests that economic activity has been expanding at a moderate pace. Labor market conditions have shown some improvement in recent months, on balance, but the unemployment rate remains elevated. Household spending and business fixed investment advanced, and the housing sector has strengthened further, but fiscal policy is restraining economic growth. Inflation has been running somewhat below the Committee's longer-run objective, apart from temporary variations that largely reflect fluctuations in energy prices. Longer-term inflation expectations have remained stable... Read more in the Baker Market Update.

Debit Surcharge Prohibition

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As reported in Monday's Legislative Insider newsletter, last Friday saw the passage of HB 3068 by Mendenez, which would prohibit merchants from assessing a surcharge on a debit card transaction, from the Texas House of Representatives.  The bill now moves to the Senate for consideration.  

Sincere thanks to all who answered our "Call to Action" last Thursday, and contacted your State Representatives!  This is a case study in the success of the grassroots effectiveness of the IBAT members, and more than a few legislators have commented on the number of contacts they received from their constituent community bankers.  We promise never to pull a "chicken little" scenario, and will use this powerful, effective and valuable tool only when necessary... which it will likely be again before the end of May.  Job well done, and we thank you.  Stay tuned as this bill moves through the process, as we will no doubt call upon you again as it moves to the Senate floor.

Targeting Too Big to Fail

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It was an impressive showing.  That's how many members of the Texas Congressional delegation described the number of Texas community banker constituents and associates that packed their Congressional offices to lobby for comprehensive regulatory relief and a permanent legislative fix to end taxpayer subsidies of banks deemed too big to fail.  More than 100 Texans accompanied IBAT staff to our nation's Capitol last week as part of IBAT's and ICBA's Washington Policy Summit. Pictures capturing the event can be found here.

The group specifically lobbied some twelve regulatory relief provisions that should be enacted in the 113th Congress and encouraged members to support any Congressional efforts to end the unfair subsidies enjoyed by the so-called. "systemically important institutions." Senators Brown of Ohio and Vitter of Louisiana have introduced legislation (S.798) that would dramatically increase the capital requirements of the nation's largest banks. The legislation would also provide much-needed regulatory relief for community banks.

Following visits to more than 30 Texas offices, the group was briefed by several members of the Congressional delegation including Texas Representatives Sessions, Neugebauer, Hensarling and Cuellar.  Texas senior Senator John Cornyn and House Financial Services Subcommittee Chairman Shelley Capito (R, West Virginia) also briefed the attendees.

"It is time we quit talking about helping community banks out of the current regulatory quagmire and enact legislation that will do just that," said IBAT Executive Vice President Steve Scurlock. "IBAT members are growing weary paying for the sins of the big too big to fail banks."

Financial Services Committee Chairman Hensarling advised the group that his committee was determined to introduce and enact bipartisan regulatory relief legislation this year. "Discussions are already underway with House democrats to do just that," Hensarling concluded.

IBAT wishes to thank all those that made the trip at their own expense to work on this important agenda.

Due Diligence Checklist

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During IBAT's 21st Congressional Visit last week, a prominent regulatory compliance attorney and friend of Texas community bankers remarked to IBAT staff about the number of requests he is receiving regarding vendor due diligence.  Additionally, Gordon Moore with IBAT Services was able to visit with a senior staff member of the Office of Comptroller of the Currency who stated the OCC is working on an update to their guidance on third-party vendor relationships.  

IBAT will update members as soon as any revisions to the guidance are released, though, a review of the current guidance seems warranted and IBAT has developed a vendor due diligence quick reference guide and checklist as a resource for members. While this review is distilled from the current OCC guidance, it remains relevant for all banks regardless of their primary regulator.

Week in Review April 30

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Risk is something that investors have always had to live with; credit risk, interest rate risk, exchange risk, event risk, lots o' risk. This week we learned about a new kind of risk: Twitter risk. Tuesday's fraudulent Associated Press tweet sent equity prices tumbling and bond prices soaring. Fortunately, the "anti-social" media hoax was short lived. As if there wasn't enough to worry about! Like this morning's initial Q1 GDP estimate of 2.5% which proved a disappointment for those experts expecting 3.0%. For those experts expecting 2%, the number was great. Apparently, there were more disappointed experts than not, as rising bond prices... Read more in the Baker Market Update.

CHUBB Webinar

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Save the date of Thursday, May 23rd at 10 a.m. for the upcoming FREE webinar exploring the current trends in Fraudulent Funds Transfers. George Allport of CHUBB Insurance Group will make the presentation which will include a discussion of CHUBB's various approaches to insurance coverage that may come into play. Registration will be available on the IBAT website later this week.

Legislative Action Needed

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HB 3068 by Menendez is on the Texas House floor TODAY.  Prohibits merchant surcharges on debit cards. Important for community banks and consumers. 

If you haven't called your Rep, please do so NOW. Retailers are opposed. A conservative group - TPPA - came out against last night.  Considered it government intrusion.  

All hands on deck!

 


 

The debit card surcharge prohibition bill, HB 3068 (Jose Menendez), is scheduled for floor action today. Please take a moment to call and/or e-mail your member of the Texas House of Representatives - right now - and let them know that this is an extremely important issue for your bank, that you strongly support this bill and you urge their support.

The various retailer/merchant interests are opposed, and will be attempting to defeat this bill. We need your involvement in this process to succeed! 

Here is the message -

HB 3068 is very important to community banking, my bank and to me. Please vote for HB 3068!

Talking points for the bill are available to download here.  Please feel free to forward this link or the downloaded document to any office requesting more information on the bill.

Again, you may look up and access your State Representative's phone number here.

Flags at Half Staff for West

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The State of Texas has been deeply affected by the injuries and loss of life that resulted from the recent explosion in the City of West.  It seems fitting that flags should be flown at half-staff on the day of the memorial service as a mark of respect for all those who perished, including the brave souls who gave their lives while protecting their neighbors. 

Therefore, pursuant to Texas Government Code Chapter 3100 and acting in my capacity as the Governor of the State of Texas, I hereby direct the lowering of State of Texas flags to half-staff on Thursday, April 25, 2013.  Flags should return to full-staff on the next day, Friday, April 26, 2013. 

Please notify personnel within your agency and other state agency and university leaders of this directive.  Flags should be flown at half-staff for the same length of time at all State of Texas offices and facilities in other states and abroad.  Individuals, businesses, municipalities, counties and other political subdivisions are encouraged to fly their flags at half-staff for the same length of time as a sign of respect. 

Anita and I send our deepest condolences and prayers to the families and support personnel touched by this terrible event. 

Respectfully,

RICK PERRY
Governor

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