2013 Financial Institutions Forum.

Transcription

1 2013 Financial Institutions Forum

2 Community Banking in the Dodd - Frank Era John Heasley Texas Bankers Association August 28, 2013 Financial Institutions Forum

3 The Subprime Crisis Causes: Borrowers NINJA % Down Payment % No Down, Payment median 2% Federal Housing Policy/Tax Incentives Lenders Nonbanks and Banks Securitizers Rating Agencies Federal Reserve -monetary policy -regulatory policy GSEs

4 Casualties 3 million foreclosures 20% of existing homeowners owe more on mortgages than homes are worth Hundreds of mortgage bank and broker closures/bankruptcies 450 small and medium size bank failures

5 Casualties Countrywide/Bank of America Bear Stearns 2007 $20 billion March 2008 $236 million $30 billion Fed assistance Fed as lender of 1 st or last resort? Bankruptcy as an option? Lehman Wachovia WAMU

6 Cost $185 Billion - GSE $700 Billion - TARP Federal Reserve?

7 Bank & Thrift Failures since 2008 Headquarters of Bank & Thrift Failures since 2008 Percent of bank failures since January 1, 2008: 18.0% in Georgia ND WA MT 14.1% in Florida 11.3% in Illinois OR MN MI NY IA NE UT NV CT RI IL CO KS MO OK AZ NM 2010 Failures: Failures: 3 Total Failures 417 Source: Federal Deposit Insurance Corporation & SNL Financial OH WV VA TN NC AR SC Failures: 140 IN KY CA 2011 Failures: NH WY 9.1% in California 2008 Failures: ME WI SD ID MS TX AL GA LA FL NJ DC DE

8 Dodd- Frank Requires Approximately: 240 Regulations (398) 70 Studies Source: OCC

9 The Economist, February 18, 2012

10 Dodd-Frank Act Title I Financial Stability FSOC Living wills Stress tests Enhanced capital Title II FDIC Resolution Authority for Banks and Nonbanks

11 Too Big To Fail? Bank of America JPMorgan Chase Citi 43% GDP 56% GDP Wells Fargo Goldman-Sachs

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13 Too Big To Jail?

14 Elizabeth Warren

15 Bureau of Consumer Protection Title X Independent Head Independent Budget Independent Rule Writing Examination and Enforcement Able to Act Without Congressional Lawmaking

16 BCFP Effective July 21, Director Richard Cordray Constitutional Challenge? $143 million first year budget and up to 12% of Fed earnings. Recent $450 million receipt from Fed.

17 Total jurisdiction over 18 consumer protection and fair lending laws. Limited judicial oversight. $10 billion carve out in name only.

18 Could rival the IRS in size and scope. Can prohibit products and set prices for all consumer and potentially all small business loans. (HMDA) Website: Tell us your story. Political challenges to BCFP/2012. Legal challenges to BCFP.

19 CFPB: HPML/Reg Z/Escrow (June 1, 2013) HPML is a mortgage with an APR that exceeds average prime offer of: 1.5% or more for first liens 2.5% or more for Jumbo Loans 3.5% or more for loans secured by a subordinate lien

20 HPML/Reg Z/Escrow Banks may not make a HPML on a principle dwelling without establishing an escrow account

21 HPML/Reg Z/Escrow No escrow account needed for: Loan secured by shares in a cooperative; Loan to finance initial construction; Temporary bridge loan of 12 months or less when borrower plans to sell current dwelling; or Reverse mortgage

22 Rural Lenders Exemption No escrow accounts required if: More than ½ of mortgages made in rural or underserved areas; Bank has less than $2 billion in assets; Bank has originated 500 or fewer first lien mortgages during the preceding years; and Bank has not escrowed any HPML between 4/1/10 and 6/1/2013.

23 Rural County: Neither in a MSA or a micropolitan statistical area (10,000 to 49,999 people) adjacent to a MSA.

24 Underserved County: HMDA data must show no more that 2 lenders extend mortgage transactions secured by a first lien 5 or more times in that county.

25 CFPB: ATR/QM (January 10, 2014) Ability-to-Repay Eight factors to consider: Current or expected income and assets; Current employment status; Monthly mortgage payment; Other monthly loan payments; Monthly payments for mortgage related obligations; Current debt, alimony and child support; Monthly debt-to-income ratio; and Credit history.

26 General Requirements for QMs No negative amortization No interest only No balloon payment No loans over 30 years No lo-doc or no-doc Fees cannot exceed 3% Rules for points and fees

27 Rural Balloon Payment QMs Balloon payment mortgages can be QMs if originated and held in portfolio by small lenders in rural or underserved areas Balloon lenders must originate 50% of their mortgages in rural or underserved counties, be less than $2 billion in assets, and originated less than 500 mortgages annually.

28 CFPB Copies of Appraisals/ECOA (January 18, 2014)

29 I Our goal is to make the Compliance Officer s job easier and more efficient while eliminating the need for additional part-time employees. Compliance Alliance was not designed to replace a compliance officer, but to be the extra set of hands in your compliance department. Tools and Resources Included in Membership: Calculators Calendar Cheat Sheets Check Lists Cliff Notes Flowcharts Handouts Matrices Policies Procedures Risk Assessments Signage Training Tools Worksheets Enforcement Actions Forms Newsletters Regulatory Guidance Reviews (Advertising, New Product, Policies, Procedures, Disclosures) Webinar Archive Hotline (Available by phone, or live chat)

30 All the Devils Are Here Bethany McLean and Joe Nocera Too Big to Fail Andrew Ross Sorkin Bull By The Horns Sheila Bair

31 BASEL III Risk-based Standards Mortgages? Construction Loans? Mark-to-market?

32 What You Can Do Recognize that federal legislative and regulatory policies are harming community banks. Inform yourself. Engage in the political process