OTHER FEDERAL LAWS Flashcards
- The Home Mortgage Disclosure Act (HMDA) is implemented by the
Federal Reserve Board’s REGULATION C.
- HMDA information is found on Section -
Section 8 (Demographic Information) of the1003 Loan Application.
- HMDA determines if
financial institutions are serving the housing needs of their communities.
- HMDA laws were written in response to
the public concerns that lenders were “redlining”.
(Because of all the redlining that was taking place – HMDA rules and regulations were created to help “identify” possible redlining. Redlining is found under the Fair Housing Act.)
- HMDA requires lending institutions to
report public loan data. More specifically, HMDA requires lenders to file annual reports regarding the ethnicity, race, and sex of all applicants. These reports are due every year in March.
- The log of applications that a creditor must keep and provide to the federal government is called a
Loan Application Register (or LAR).
- HMDA reports (LARs) must be maintained for -
for three years.
- HMDA does NOT set lending quotas for protected classes of borrowers. HMDA does not expressly prohibit redlining or require that a certain number of loans be made in certain neighborhoods. Instead, lenders subject to HMDA must compile certain data, provide the data in a certain format to government agencies, and make available to the public, a disclosure statement regarding that institution’s lending activities.
- HMDA requires a lending institution to post a general notice about
the availability of HMDA data in the lobby of its home office and in the lobby of each branch office located in a metropolitan area.
- HMDA data must be maintained and made available upon request, for -
three (3) years.
- The Community Reinvestment Act is a regulation designed to -
help meet the credit needs of the communities in which it operates.
- The Federal Financial Institutions Examination (FFIEC) Council is a formal U.S. government interagency body composed of five banking regulators that is “empowered to prescribe uniform principles, standards, and report forms to promote uniformity in the supervision of financial institutions”
- Role of FFIEC -
Compiles information as individual disclosure statements foreach institution, and in the form of aggregate reports for all covered institutions.
- The Gramm-Leach-Bliley Act (GLBA) includes provisions to
protect consumer’s personal financial information held by financial institutions.
- Another name for the Gramm-Leach-Bliley Act is the -
Financial Services Modernization Act.
- The GLBA requires financial institutions to -
give their customers privacy policies that explain the financial institutions’ information-sharing practices. In turn, consumers have the right to limit some sharing of their information.
- Under the GLBA Privacy Rule –
a borrower receive the Privacy Policy Notice at first contact, and thereafter, once a year as long as he/she remains a customer
- Consumers and customers have the right to -
opt-out of having their information shared with certain third parties per the GLB Act.
- The GLBA has SPF –
Safeguarding Policies, Pretexting Policies and Financial Privacy Policies.
- The Gramm-Leach-Bliley Act requires all financial institutions to design, implement and maintain-
safeguards to protect customer information.
- The Gramm-Leach-Bliley Act applies to
financial institutions that give loans or financial advice.
This includes mortgage brokers, lenders, tax preparers and debt collectors.
- According to the GLBA a CONSUMER is
an individual who obtains or has obtained a financial product or service from a financial institution for personal, family or household reasons.
- According to the GLBA a customer is a consumer with
a continuing relationship with a financial institution.
- GLBA Financial Privacy Rule -
governs collection of non-public personal information (NPI), restricts when information may be disclosed to affiliates and non-affiliated third parties, prohibits disclosure of access codes and account numbers to non-affiliated third parties, requires Consumer Privacy Notice.
- Non-public Personal Information (NPI) is -
“NPI is any personally identifiable financial information that a financial institution collects about an individual in connection with providing a financial product or service, unless that information is otherwise publicly available.’’