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  • Fed announces enforcement action against Illinois bank

    On February 10, the Federal Reserve Board announced an enforcement action against an Illinois-based bank. According to the consent order, the bank allegedly violated the National Flood Insurance Act (NFIA) and Regulation H. The order assesses a $253,500 penalty against the bank for an alleged pattern or practice of violations of Regulation H but does not specify the number or the precise nature of the alleged violations. The maximum civil money penalty under the NFIA for a pattern or practice of violations is $2,000 per violation.

    Bank Regulatory Federal Issues Federal Reserve Enforcement Illinois Flood Insurance National Flood Insurance Act Regulation H

  • FDIC releases December enforcement actions

    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.

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

  • FDIC releases November enforcement actions

    On December 30, the FDIC released a list of administrative enforcement actions taken against banks and individuals in November. During the month, the FDIC made public fourteen orders consisting of “three Orders to Pay Civil Money Penalty, one Consent Order, three Termination of Consent Orders, one Order Terminating Supervisory Prompt Corrective Action Directive, one Amended Supervisory Prompt Corrective Action Directive, two Orders of Prohibition from Further Participation, and three Section 19 Orders.” Among the orders is an order to pay a civil money penalty imposed against a Nebraska-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 $6,500 civil money penalty.

    The FDIC and the California Department of Financial Protection and Innovation also issued a consent order to a California-based bank, which alleged that the bank had unsafe or unsound banking practices relating to management, capital, asset quality, liquidity and funds management, and violations of law. The bank neither admitted nor denied the alleged violations but agreed to, among other things, retain qualified management and “maintain its total risk-based capital ratio in such an amount as to equal or exceed 12 percent.”

    Bank Regulatory Federal Issues FDIC Enforcement Flood Disaster Protection Act DFPI State Issues Flood Insurance

  • NYDFS requires flood insurance and diversity and inclusion training for insurance producers and public adjusters

    State Issues

    On October 13, NYDFS announced that property/casualty insurance producers are required to take continuing education in flood insurance and diversity and inclusion. NYDFS is the first state regulator to mandate such requirements, which have been added to the state’s insurance regulations. “Requiring education on flood insurance and diversity and inclusion is not only timely, it is in the best interest of consumers,” acting Superintendent Adrienne A. Harris said. In addition, property/casualty insurance producers who sell flood insurance through the National Flood Insurance Program (NFIP) will be required to comply with the continuing education requirement, which according to the NYDFS announcement, is intended to ensure consumers receive accurate NFIP quotes and are not accidentally underinsured for flood damage. The requirement will assist “producers and adjusters to better service a diverse population of consumers and be culturally sensitive and aware when interacting with consumers and members of the public,” NYDFS stated. 

    State Issues State Regulators NYDFS Flood Insurance Climate-Related Financial Risks Diversity National Flood Insurance Program Bank Regulatory

  • Fed announces enforcement action against Minnesota bank

    Federal Issues

    On October 7, the Federal Reserve Board announced an enforcement action against a Minnesota-based bank. In the consent order, the Fed alleges that the bank violated the National Flood Insurance Act (NFIA) and Regulation H. The order assesses a $11,00 penalty against the bank for an alleged pattern or practice of violations of Regulation H but does not specify the number or the precise nature of the alleged violations. The maximum civil money penalty under the NFIA for a pattern or practice of violations is $2,000 per violation.

    Federal Issues Federal Reserve Enforcement Regulation H Flood Insurance National Flood Insurance Act Bank Regulatory

  • FDIC releases August enforcement actions

    Federal Issues

    On September 24, the FDIC released a list of administrative enforcement actions taken against banks and individuals in August. During the month, the FDIC issued eight orders consisting of “one Consent Order, three terminations of Consent Orders, two Orders to Pay Civil Money Penalty, one Removal/Prohibition Order, and two Section 19 Orders.” Among the orders is an order to pay a civil money penalty imposed against a Nebraska-based bank related to alleged violations of the Flood Disaster Protection Act. Among other things, the FDIC claimed that the bank “[m]ade, 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 notice to the borrower and/or the servicer as to whether flood insurance was available for the collateral.” The bank also allegedly “[f]ailed 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 $3,000 civil money penalty.

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

  • FDIC releases July enforcement actions

    Federal Issues

    On August 27, the FDIC released a list of administrative enforcement actions and one Notice of Charges taken against banks and individuals in July. During the month, the FDIC issued nine orders consisting of “three Orders to Pay Civil Money Penalties, two Orders of Prohibition from Further Participation, three Section 19 Orders, and one Order Terminating Consent Order.” Among the orders is a civil money penalty imposed against a Kansas-based bank concerning alleged violations of the Flood Disaster Protection Act. Among other things, the FDIC claimed that the bank “made, increased, extended, renewed, sold, or transferred a loan secured by a building or mobile home located or to be located in a special flood hazard area without properly notifying the Administrator of FEMA or their designee.” The order requires the payment of a $9,500 civil money penalty.

    The FDIC also imposed a civil money penalty against a Missouri-based bank related to alleged violations of the Flood Disaster Protection Act. Among other things, the FDIC claimed that the bank (i) “[m]ade, 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) “[m]ade, 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) “[f]ailed 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 $4,000 civil money penalty.

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

  • Fed announces flood insurance violations

    Federal Issues

    On August 12, the Federal Reserve Board announced enforcement actions against two state banks. In the first consent order issued against a Massachusetts-based bank, the Fed alleged that the bank violated the National Flood Insurance Act (NFIA) and Regulation H. The order assesses a $71,000 penalty against the bank for an alleged pattern or practice of violations of Regulation H but does not specify the number or the precise nature of the alleged violations.

    In the second consent order issued against a New York-based bank, the Fed alleged that the bank violated the National Flood Insurance Act (NFIA) and Regulation H. The order assesses a $11,000 penalty against the bank for an alleged pattern or practice of violations of Regulation H but does not specify the number or the precise nature of the alleged violations.

    Federal Issues Flood Insurance Federal Reserve Enforcement Regulation H National Flood Insurance Act Bank Regulatory

  • Fed announces flood insurance violations

    Federal Issues

    On August 3, the Federal Reserve Board announced an enforcement action against a Tennessee-based bank for alleged violations of the National Flood Insurance Act (NFIA) and Regulation H. The consent order assesses a $26,500 penalty against the bank for an alleged pattern or practice of violations of Regulation H but does not specify the number or the precise nature of the alleged violations. The maximum civil money penalty under the NFIA for a pattern or practice of violations is $2,252 per violation.

    Federal Issues Federal Reserve Enforcement Flood Insurance National Flood Insurance Act Regulation H Mortgages Bank Regulatory

  • FDIC releases June enforcement actions

    Federal Issues

    On July 30, the FDIC released a list of administrative enforcement actions taken against banks and individuals in June. During the month, the FDIC issued 14 orders and one decision, consisting of “four Orders to Pay Civil Money Penalties, one Section 19 Application, two Orders Terminating Consent Orders, four Orders of Termination of Insurance, and six Orders of Prohibition from Further Participation.” Among the orders is a civil money penalty imposed against a South Dakota-based bank related to alleged violations of the Flood Disaster Protection Act. Among other things, the FDIC claimed that the bank “[m]ade, 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.” The order requires the payment of a $30,000 civil money penalty.

    The FDIC also imposed a civil money penalty against a Missouri-based bank concerning alleged violations of the Flood Disaster Protection Act. Among other things, the FDIC claimed that the bank “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 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 $1,000 civil money penalty.

     

     

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

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