OCC Terminates Consent Orders against San Francisco Bank; Imposes Civil Money Penalty

Mortgage Servicing OCC

On May 25, the OCC announced that it terminated a 2011 consent order related to mortgage servicing, as well as 2013 and 2015 amended orders, against a San Francisco-based bank after determining that it now complies with the orders. For previous violations of the original 2011 order, the OCC assessed a $70 million civil money penalty against the bank. Specifically, the OCC alleges that the bank  (i) failed to correct identified deficiencies in the original and amended orders in a timely fashion, thus violating the original order from October 1, 2014 through August 31, 2015; (ii) filed payment change notices in bankruptcy courts that did not comply with bankruptcy rules and safe and sound banking practices between December 1, 2011 and March 31, 2015; and (iii) made escrow calculations that led to incorrect loan modification denials that constituted unsafe or unsound banking practices between March 2013 and October 2014. The bank will pay the $70 million penalty to the U.S. Treasury. The termination of the orders ends business restrictions that had been mandated in June 2015.