Fair lending continues to be THE hot topic in 2023, with a constant flow of new developments and expectations. Agency leadership (from multiple regulators) has been outspoken in their priorities and goals, with terms such as “equity” and “underserved consumers and markets” being mentioned often. This means new requirements and increased enforcement to monitor. And as an added bonus, the CFPB’s UDAAP Exam Manual includes discrimination in any aspect of banking as possible UDAAP.
Are you keeping up with all the changes that will impact your institution? It is more critical now than ever to ensure your fair lending program covers all the bases. There are new ways of looking at lending patterns, activities, and risks, and new expectations from the agencies.
Fair Lending – Part 1
October 12, 2023, 10:00 am CDT
What You’ll Learn
- Fair lending legal and regulatory structure – a brief history and where these requirements come from
- Who exactly is covered: “applicants” and “creditors”
- Special Purpose Credit Programs – leveling the playing field
- Violation consequences
- Related laws and regulations: HMDA, CRA, ADA, and more
- Prohibited bases under the rules (what you can do, as well), including changes in definitions – including examples and scenarios
- “Vulnerable populations” – covered?
- Legal theories of discrimination – how is fair lending enforced? Including examples
- Fair lending throughout the lending process – from A-to-Z
- The fair lending risk assessment – quantitative and qualitative factors
- Marketing considerations – putting your best foot forward
- Regulator priorities – supervisory reports
- Discrimination is UDAAP – CFPB and FDIC exam manuals: what does this mean?
- Redlining (including reverse redlining) – what is it, how do we analyze it, and what is new (hint: plenty)
- “Intrabank” vs. “Interbank” redlining analyses, including the opportunity assessment – what are the standards?
- Digital redlining – what is this and how does it impact your institution? How to look at redlining in the digital age
- REMA/Marketing Area/Service Area – what is this? What should we do to be ready for our next exam?
- Marketing and advertising issues – what can and can’t we do?
- Artificial intelligence (AI), algorithms, and “big data” – new areas of opportunity as well as risk
Fair Lending – Part 2
October 24, 2023, 10:00 am CDT
What You’ll Learn
- Fair lending issues in the servicing environment, especially debt collection, default management, and foreclosures
- Government monitoring information – when to get it under Reg. B and HMDA, and how to handle it, including the URLA/1003 application form, and new Fannie/Freddie requirements for servicers
- Foreign language issues and “Limited English Proficiency,” or LEP, customers – how to handle this thorny issue?
- Dealing with commercial loans
- DFA 1071 – understanding the requirements and implications
- Proxies and the BISG method – should we do this?
- Fair lending dos and don’ts
- Appraisal bias – a developing issue: what to do now
- Automated valuation model (AVM) issues with discrimination
- Adverse action notices
- Discretion – the “D” word
- Steering issues
- Exceptions – understanding them
- Fair lending training
- Evaluating applications and underwriting – what you can and cannot consider
- CRA as a fair lending tool
- Developing an effective and comprehensive fair lending CMS
Who Should Attend
Anyone in the institution having virtually any responsibility in the lending process has fair lending responsibilities, from senior management, loan officers, underwriters, and closing agents, to compliance officers, auditors, and attorneys, and would benefit from this valuable information.