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Financial Services Law Insights and Observations

FDIC releases January enforcement actions

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

On February 25, the FDIC released a list of administrative enforcement actions taken against banks and individuals in January. During the month, the FDIC made public nine orders consisting of “four Orders to Pay Civil Money Penalty, one order terminating consent order, one voluntary termination of deposit insurance, and three orders of prohibition from further participation.” Among the actions is an order to pay a civil money penalty imposed against a Wisconsin-based bank related to alleged violations of the Flood Disaster Protection Act. Among other things, the FDIC claimed that the bank “fail[ed] to obtain adequate flood insurance for two loans,” and “faile[d] to provide to borrowers a Notice of Special Flood Hazard and Availability of Federal Disaster Relief Assistance within a reasonable time before the completion of the transaction on four loans.” The order requires the payment of a $3,000 civil money penalty. The orders also include pay a civil money penalty order imposed against a Iowa-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”; (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”; and (iii) “failed to comply with proper procedures for force-placing flood insurance in instances where the collateral was not covered by flood insurance at some time during the term of the loan.” The order requires the payment of a $16,250 civil money penalty.