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Financial Services Law Insights and Observations

FDIC releases December enforcement actions

Bank Regulatory FDIC Mortgages Enforcement Federal Issues Flood Disaster Protection Act Flood Insurance

On January 28, the FDIC released a list of administrative enforcement actions taken against banks and individuals in December. During the month, the FDIC made public eight orders, including one order issued in October 2021, and one notice. The administrative enforcement actions in the orders and notice consisted of “two Orders to Pay Civil Money Penalty, one Consent Order, one order terminating consent order, one voluntary termination of deposit insurance, two Section 19 Orders, one adjudicated cease and desist order, and one Notice of Charges.” Among the actions is an order to pay a civil money penalty imposed against a North Dakota-based bank related to alleged violations of the Flood Disaster Protection Act. Among other things, the FDIC claimed that the bank: (i) “made, increased, extended, or renewed loans secured by a building or mobile home located or to be located in a special flood hazard area without requiring that the collateral be covered by flood insurance”; and (ii) “made, increased, extended or renewed a loan secured by a building or mobile home located or to be located in a special flood hazard area without providing timely notice to the borrower and/or the servicer as to whether flood insurance was available for the collateral.” The order requires the payment of a $4,500 civil money penalty.

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