Second Quarter 2024 Community Bankers for Compliance Program

UDAAP and Regulation X: Real Estate Settlement Procedures Act

Main Subjects

Understanding UDAAP

Federal examiners often label any objectionable practices as violations under the UDAAP umbrella instead of revising the regulation. Unfortunately, far too often this creates “examiner discretion,” as the examiner can avoid a direct citation of a regulatory violation. Our first topic delves into exactly what UDAAP, Unfair and Deceptive Acts and Abusive Practices, is. Knowing this information may assist you should your regulator decide to apply it to your bank.

Navigating RESPA

Our discussion on RESPA delves into the regulatory landscape post-TRID rules. While much of this regulation was “gutted” by the TRID rules, several significant issues persist. We will focus on Section 8 violations, which have prompted a surge in hotline questions as management attempts to get more creative to increase business. Knowing what you can and cannot do will allow you to guide management through this potential minefield. The session will conclude with escrow accounts, so attendees that do not offer this service can end their day ahead of schedule.