NEW OR UPDATED ITEMS FOR 2016 Pwers f Attrney (Flrida & Gergia) The Bank is annuncing a new cllateral eligibility requirement fr lans clsed under pwer f attrney and secured by real estate lcated in the states f Flrida and Gergia. This change will be effective immediately fr all lan cllateral reprted t the Bank. Fr Flrida prperties securing lans that were clsed under pwer f attrney, the pwer f attrney dcuments must be filed with the clerk f curt in the cunty where the prperty is lcated and recrded with the real prperty recrds prir t reprting the assciated lan cllateral t the Bank. Fr Gergia prperties securing lans that were clsed under pwer f attrney, the pwer f attrney dcuments must be filed with the clerk f curt in the cunty where the prperty is lcated and recrded with the real prperty recrds prir t reprting the assciated lan cllateral t the Bank. These new Bank cllateral eligibility requirements pertain specifically t lans secured by real prperty lcated in the states f Flrida and Gergia that were clsed using a pwer f attrney. The Bank is making this change t cnfrm t standard practices related t pwers f attrney in the state f Gergia and t the Flrida Pwer f Attrney Act f 2011. Cllateral Eligibility Clarificatin fr Lans secured by Restaurants The Bank accepts as eligible cmmercial real estate cllateral stand-alne restaurants that are natinally ranked and recgnized as ne f the tp 10 restaurants based n either sales revenue r units perated. Fr the purpses f cllateral eligibility, if the real estate cllateral securing the lan includes nly restaurant cllateral, then it is cnsidered t be stand-alne restaurant cllateral and wuld therefre be limited t thse indicated n the Bank s Eligible Restaurant List. If the real estate cllateral securing the lan includes ther eligible real estate cllateral in additin t the restaurant cllateral, then the restaurant cllateral is nt limited t the Bank s Eligible Restaurant List in rder t be cnsidered eligible cllateral. OTHER IMPORTANT REMINDERS HELOC/Hme Equity Lans HELOCs r secnd mrtgage lans with cmmitments f $250,000 r greater require pst-clsing lien verificatin dcumentatin dated n r befre the Cllateral Verificatin Review (CVR) as-f date. Therefre, pst-clsing lien verificatin dcumentatin dated after the CVR as-f date will nt be accepted t cure lien psitin exceptins. Mrtgage Lien Prtectin Plicies The Bank des nt accept lien prtectin insurance plicies r service agreements in lieu f required lien verificatin fr HELOCs/secnd mrtgages r in lieu f pst-clsing lien verificatin fr 1-4 residential mrtgages. The insuring prvisins f these prducts typically d nt require public 1 f 8
recrd searches t identify utstanding liens filed against the prperties securing the lans and typically prvide cverage fr lans in lien psitins inferir t the Bank s cllateral requirements. During the CVR, fr any lans in the sample that are cvered by a lien prtectin plicy, sharehlders will be asked t prvide lien searches, attrney pinins, r title insurance plicies t demnstrate that the lans are in the lien psitin required by the Bank fr that prtfli. Fr HELOCs r secnd mrtgages (included in the CVR sample and cvered by a lien prtectin plicy), dcumentatin submitted t prve lien psitin may be btained after the CVR as-f date if the HELOC r secnd mrtgage lan des nt equal r exceed $250,000. Fr 1-4 residential lans (included in the CVR sample and cvered by a lien prtectin plicy), dcumentatin btained by the sharehlder t prve lien psitin that is dated after the CVR asf date will nt be permitted. These lans will be cunted as exceptins if acceptable pstclsing lien verificatin dcumentatin dated n r befre the CVR as f date is nt available. Sharehlders may cntinue t use mrtgage lien prtectin insurance plicies t mitigate any future lsses t their institutin due t lien psitin, but may nt rely upn them as prf f lien psitin fr cllateral reprted t the Bank. Original Ntes The Bank requires that the riginal nte exist and be under the cntrl f the sharehlder r its agent. If the sharehlder has lst r destryed the riginal nte, the related lan will nt be accepted as eligible cllateral. Imaged cpies f riginal ntes r lst nte affidavits will nt be accepted as eligible cllateral. Lans riginated as electrnic ntes will nt be accepted as eligible cllateral. GENERAL What is a Cllateral Verificatin Review (CVR) and what is its purpse? The CVR is a physical review f a statistical sample f a sharehlder s reprted and pledged lan cllateral. FHLBank Atlanta verifies that the lans are eligible in accrdance with its cllateral eligibility guidelines. These reviews are cnducted n-site at the sharehlder s ffices. Will the sharehlder be charged fr the 2016 cllateral review? N. 2 f 8
Wh will be perfrming ur annual CVR? Each CVR is led by a Bank-emplyed Cllateral Analyst wh acts as the review team leader and primary sharehlder cntact during the nsite prtin f the review. Bank Cllateral Analysts may be assisted by cntractrs frm third-party review firms. The selected third-party review firms are experienced and well-qualified. Each third-party review firm used by the Bank ges thrugh a rigrus annual review and qualificatin prcess. Their wrk prduct is peridically and randmly reviewed fr cmpleteness and accuracy. Third-party review firms are subject t Bank cnfidentiality agreements that cver bth the Bank and the sharehlder. All fllw-up activities including the review f fllw-up dcumentatin t cure exceptins and extraplatin rate calculatins are perfrmed by Bank staff. If lan prtflis are reprted fr the first time in 2016, will the sharehlder be subject t a cllateral review in 2016? It is pssible, but it is mre likely that the first cllateral review wuld be scheduled fr 2017. The timing f the first review f lan cllateral is dependent n when the lans were first reprted and when the sharehlder actually began t rely n lan cllateral t secure advances. TIMING AND SELECTION OF CVRs Wh is subject t a CVR? CVRs are cnducted annually using risk-based selectin criteria. Sharehlders are generally reviewed in ne, tw, three r fur-year cycles. Sharehlders in delivery typically are excluded frm nsite CVRs but peridically may be subject t remte CVRs cnducted at the Bank s Atlanta ffice at the Bank s discretin. The CVR selectin requirements discussed belw d nt apply t sharehlders in delivery. Sharehlders reviewed annually include: Tp 30 largest brrwers Sharehlders with credit scres f 10 Sharehlders with credit scres f 9 Sharehlders wh remediated at least ne prtfli during the prir year Sharehlders exceeding 50% LCV in subprime and/r nntraditinal lans riginated befre July 10, 2007 Sharehlders relying n cllateral under a specific pledge Sharehlders relying n lan cllateral with n prir review Sharehlders that have made a special request t underg a CVR ut f cycle Sharehlders with credit availability greater than 30% f assets Capital Markets sharehlders reprting lan cllateral 3 f 8
Credit unins with less than $50 millin in assets r less than $5 millin in net wrth that are receiving LCV fr reprted lan cllateral Banks with less than $20 millin in assets r less than $2 millin in equity capital that are receiving LCV fr reprted lan cllateral Sharehlders identified as Reginal Accunts : Reginal Accunt sharehlders reprting lan cllateral that has nt been previusly reviewed will be selected fr a current year CVR regardless f reliance n lan cllateral Reginal Accunt sharehlders relying n lan cllateral will be required t underg a CVR every ther year Sharehlders in the three-year cycle include: Sharehlders with credit scres 1-5 with high expsure nt included in the ne-year cycle Sharehlders with credit scres 6-8 nt included in the ne-year cycle Sharehlders in the fur-year cycle include: Sharehlders with credit scres 1-5 with lwer expsure nt included in the three-year cycle When will the sharehlder be ntified that they are scheduled fr a CVR? If selected, the Bank will ntify the sharehlder in. These reviews are scheduled thrughut the year by phne with a member f the Cllateral staff. The Bank will select a date fr the review, but will wrk with the sharehlder t select an alternative date if the date selected cnflicts with visits frm examiners r auditrs. In sme instances, sharehlders may be selected fr a CVR after February. Hwever, thse sharehlders will receive a phne ntificatin at least fur t six weeks prir t the CVR date. Hw des the sharehlder prepare fr a CVR? Prir t the as f date selected fr the review, a cllateral crdinatr will e-mail the sharehlder a cnfirmatin letter. This e-mail will include the date f the review and the prtflis t be reviewed. Additinally, the Bank will request as f date Qualifying Cllateral Reprts (QCRs) and trial balances f eligible lans fr each prtfli t be reviewed plus a cmpleted Preliminary Questinnaire. The Bank will prvide specific due dates fr the requested infrmatin. It is imprtant t meet the due dates s that the Bank is able t get a sample lan listing back t the sharehlder with ample time t prepare fr the review. What will the reviewers need while they are nsite? They will need wrk space in which t perfrm the review and immediate access t all requested lan files, reprts, etc. When the list f sample lans t be reviewed during the CVR is sent, the Bank will als include lan file checklists. The majrity f the infrmatin requested n the lan file checklists will be cntained in the credit and cllateral files. Supplemental data such as lan servicing screen prints, a schedule f classified lans, and a schedule f emplyee lans als will be needed. Additinal items may be requested as the need arises. 4 f 8
Which prtflis will be reviewed during a CVR? All lan prtflis pledged and reprted n a Qualifying Cllateral Reprt (QCR) r that are specifically pledged will be reviewed. SAMPLE SELECTION Wh selects the sample fr a CVR? The Bank selects randm samples frm the sharehlder s eligible lan trial balances submitted fr the as f date. The ttal dllar amunt f the lans n the eligible lan trial balances must match the ttal dllar amunt f the net eligible line item n the QCRs fr the same as f date. Sharehlders specifically pledging lan cllateral are nt required t submit a QCR. The Bank will select lan samples fr these sharehlders frm the lan listing submitted fr the as f date. What sample size is used fr a CVR? Generally, the sample size is 50 lans per prtfli reviewed. If the pledged prtfli cnsists f fewer than 50 lans, the entire ppulatin f lans will be reviewed. When will replacement lans be used during the CVR? The Bank will prvide listings f sample lans and replacement lans. If a sample lan is paid ff after the as f date but befre the start f the CVR, the analyst cnducting the CVR will select a replacement lan file frm the sample listing t review in lieu f the paid ff sample lan. While it is nt necessary t prvide all f the items n the Lan File Checklist fr lans paid ff after the as f date, the sharehlder must prvide evidence f the pay-ff frm the lan system. ELIGIBLE LOAN TRIAL BALANCE/QCR What infrmatin is required n the lan trial balance? The list shuld include nly eligible lans. The infrmatin required fr the lan trial balance is lan number, current unpaid principal balance, lan type cde, and riginatin date. Please refer t the Trial Balance Preparatin/Lan Type Cdes dcument prvided as an attachment t the As-Of Date Ntificatin Letter fr detailed instructins and infrmatin cncerning the lan type cdes. Every lan reprted n the lan trial balance must have a lan type cde. The lan trial balance is used t cnfirm that the Bank has the crrect eligible ppulatin f lans and t prvide infrmatin necessary t select the sample. 5 f 8
What frmat can be used t prepare the lan trial balance? An Excel template fr the lan trial balance is prvided by the Bank as an attachment t the As-Of Date Ntificatin Letter. Use f this template is recmmended. If a sharehlder institutin elects nt t use the lan trial balance template prvided, the lan trial balance must be submitted in an Excel spreadsheet s that it can be run thrugh the sample generatr sftware. The lan trial balance shuld nt cntain any special frmatting such as subttals r ther frmulas, r any additinal clumns f data beynd thse specified. The lan trial balance must cntain the fllwing clumns f data in the rder indicated fr each lan reprted: (1) Lan Number, (2) Current Unpaid Principal Balance, (3) Lan Type Cde, and (4) Originatin Date. Why is it imprtant t prepare a QCR that cincides with the as f date f the cllateral review? Each QCR acts as a certificatin t the Bank that the accmpanying lan trial balance cntains nly eligible lans. The samples are selected frm the eligible list f lans that is prvided by the sharehlder. If ineligible lans are included in the trial balances, it is pssible that they will be selected and will cause a high exceptin rate fr the review. Wh shuld certify the QCR? An authrized fficer at the sharehlder institutin is required t certify the QCR. Where shuld the QCRs and Lan Trial Balances be sent? The QCRs shuld be submitted nline via FHLBAccess. The lan trial balances shuld be submitted via e- mail t the cllateral crdinatr identified in the As-Of Date Ntificatin Letter. FOLLOW UP AND FINAL RESULTS OF REVIEW Hw will the results f the review be cnveyed? Within days f the cmpletin f the physical review f the files, the Bank will send a cver letter and preliminary review results t the sharehlder. These dcuments will prvide summary and lan-level detail cncerning the exceptins nted during the review. The sharehlder will have 10 business days t respnd t the lan exceptins nted during the review. The Bank will strictly enfrce the 10 business day requirement. If an extensin is required due t unfreseen circumstances, a request must be made in writing (e-mail) t yur Cllateral Review Crdinatr. Please keep in mind that the review will be autmatically clsed at the end f the 10 day respnse perid unless the Bank is ntified. 6 f 8
Hw shuld the sharehlder respnd t the individual lan level exceptins nted in the preliminary review summary? The sharehlder will send the Bank an acknwledgment if they agree with the findings. If the sharehlder believes that the exceptins can be cleared, cpies f lan dcumentatin shuld be prvided t clear the exceptins. Written explanatins will nt take the place f dcuments that were nt fund during the review. Fr each exceptin nted during the review, please prvide a written respnse that either cncurs with the exceptin, r indicates that dcumentatin is being submitted t clear the exceptin. What happens after the sharehlder respnds t the preliminary cllateral review summary? The Cllateral Review Crdinatr will review the submitted dcuments t determine if they are sufficient t clear the exceptins. Unaddressed r unreslved exceptins becme final exceptins and are included in the final exceptin rate. When is the review clsed and finalized? The review is clsed and finalized after the sharehlder s respnse is evaluated and the cllateral review crdinatr has made the apprpriate adjustments fr lans cleared. The Bank will send a final letter and review results summary t the sharehlder at that time. What is the final exceptin rate? The final exceptin rate equals the ttal number f lans with exceptins divided by the ttal number f lans reviewed. Hw is the final extraplatin rate determined? The final extraplatin rate is equal t the final exceptin rate. Each cllateral prtfli reviewed will have a final extraplatin rate. Can the sharehlder remediate the final exceptin rate r final extraplatin rate after the review has been clsed? 7 f 8
The final exceptin rate cannt be remediated. Sharehlders wh wish t lwer their extraplatin rates shuld cntact their Cllateral Relatinship Specialist r Manager t discuss the requirements fr remediating the extraplatin rate. 8 f 8