July 17, 2009

Recession and Recovery Across the Nation: Lessons from History

The following information is now available on the Federal Reserve Bank of Kansas City's Web site:

  

"Recession and Recovery Across the Nation: Lessons from History" is now on our website.  This second quarter Economic Review article by Chad Wilkerson finds that the timing and depth of regional recessions typically vary widely, with several Fed districts regularly outperforming others.

 

http://www.kansascityfed.org/publicat/econrev/ermain.htm?ealert=ER0526  

 

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Atlanta Fed Research Notes July 2009

Speeches

Thoughts on Stabilization, Recovery, and Transition
June 11, 2009
Dennis P. Lockhart, president and chief executive officer of the Federal Reserve Bank of Atlanta, speaks about the economic situation, potential risks, and outlook for recovery to the National Association of Securities Professionals Annual Pension and Financial Services Conference in Atlanta, Ga.

Back to Basics
June 15, 2009
Patrick Barron, first vice president and chief operating officer of the Federal Reserve Bank of Atlanta, speaks about how the banking industry has responded to the economic downturn and expectations for the future of the industry to the Georgia Bankers Association in Atlanta, Ga.

Regional Economics

Southeastern Banks: In the Eye of the Storm
EconSouth Q2 2009
When real estate investments began going bad, they weighed heavily on banks—especially those in the Southeast, where real estate development had become a major economic driver for the region. Banks' return to health is closely tied to real estate's rebound.

State and Local Budgets Hinge on Economic Recovery
EconSouth Q2 2009
During a recession, consumers try to tighten their belts and spend less. Regional governments, however, have seen demand for their services increase even as the revenues needed to pay for those services have declined along with sales and property tax collections.

Strong Medicine for an Ailing Economy
EconSouth Q2 2009
Disruptions in the financial sector have made the recession unusually persistent. To combat the forces impeding an economic turnaround, the Fed has developed a potent arsenal of tools to foster recovery and revitalize markets.

“We’re Just Starting to Really Feel the Effects”
EconSouth Q2 2009
An interview with Clint Muller of the Association County Commissioners of Georgia about the economic downturn’s effects on counties and municipalities in the Southeast.

Podcasts

Thoughts on Stabilization, Recovery, and Transition (MP3 18:16)
Speeches
Remarks by Dennis P. Lockhart, president and chief executive officer, Federal Reserve Bank of Atlanta, to the National Association of Securities Professionals Annual Pension and Financial Services Conference in Atlanta, Ga., on June 11, 2009.

Retail Sales in the Southeast (MP3 8:55)
Southeastern Economic Perspectives
Michael Chriszt and Courtney Nosal of the Atlanta Fed's research department discuss recent data about consumer spending and retail sales in the Southeast.

The Economics of Water (MP3 6:57)
Research Insights
Sheila Olmstead, associate professor of environmental economics at the Yale School of Forestry and Environmental Studies, discusses the economics of water and efforts to foster water conservation.

Discussing the Financial Markets Conference (MP3 7:58)
Research Insights
Atlanta Fed economist and associate policy adviser Paula Tkac discusses the Atlanta Fed's recent financial markets conference, titled "Financial Innovation and Crises," which examined turmoil in global financial markets.

The Government Intervention into Fannie Mae and Freddie Mac (MP3 6:35)
Financial Update Focus
Scott Frame, an Atlanta Fed financial economist and policy adviser, discusses the government's intervention into Fannie Mae and Freddie Mac and its implications for the housing market and the overall economy.

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April 8, 2009

The Outlook for CRE & Bank Performance - Focus: West,

"Call The Fed" Audio-Conference
April 21, 2009, 2:00-3:15 Pacific Time

The downturn in most residential real estate markets and the spillover to the broader economy are creating continuing challenges for many banks. At the same time, the world of consumer protection these days is seeing many changes. Not only are there a number of new rules going into effect, but many banks are taking steps to mitigate risks related to the economic crisis that often have consumer protection nuances.

On this Call the Fed Conference Call, Risk Monitoring Senior Manager Gary Palmer will discuss commercial real estate market conditions in the West and near term prospects, as well as the impact of market conditions on bank performance and condition. He will also discuss ways that bank supervisors are using real estate market information in examination processes, and will highlight some key CRE lending issues that examiners are concerned with. Along with Gary, Senior Manager and Credit Risk Coordinator Wallace Young, and Risk Coordination Director Tom Cunningham will be on hand to respond to questions.

There will be a 40 - 45 minute presentation followed by a Q&A session. Questions can also be sent in via email before or during the call. Presentation materials will be available on the FRBSF BS&R Events web page a few days before the conference.

You can register for this audio-conference at any time. Participants are encouraged to submit questions or comments ahead of time or during the audio conference.

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April 21, 2009

Systemic Risk in the US Financial System

The following information is now available on the Federal Reserve Bank of Kansas City's Web site:

 

Kansas City Fed President Hoenig testified about systemic risk in the U.S. financial system in Washington, D.C., on April 21.

 

Testimony: http://www.KansasCityFed.org/speechbio/hoenigpdf/Hoenig.Testimony.04.21.09.pdf?ealert=SPCH0421

Written Statement: http://www.KansasCityFed.org/speechbio/hoenigpdf/Hoenig.Written.Statement.04.21.09.pdf?ealert=SPCH0421

 

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Are Fiscal Stimulus Funds Going to the "Right" States?

The American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law on February 17, and already its impact is being felt in state capitals around the nation. Governors and state legislators are incorporating expected stimulus funds into 2009-2010 budgets and a number of state public works projects predicated on ARRA funding already have begun. As states start spending these ARRA funds, the debate about their likely economic impact has taken on new life.

One question is whether federal stimulus funds are heading to those states best positioned to put the money to good use right away. That is, have the funds been allocated in a way that maximizes their potential impact on national economic growth? This Economic Letter addresses this question by comparing the degree of economic need in different states with each state's expected share of ARRA funds. Such an analysis is important in evaluating the likelihood that stimulus money will be spent effectively. While it is too early to tell whether the overall stimulus package will have its intended effects, this review suggests that, by and large, the distribution of federal stimulus funds is indeed tilted toward those states most likely to spend the funds quickly and effectively.

The economics of state allocations

Of the $787 billion in ARRA, state governments will receive as much as $300 billion. The bulk of these state funds will be spread over four key programs:

  • A $54 billion Fiscal Stabilization Fund meant primarily to stave off cuts in state education spending
  • A $90 billion Fiscal Relief Fund meant to shore up financing for state Medicaid programs
  • A $40 billion program to allow states to extend and increase unemployment insurance (UI) benefits
  • At least $70 billion to fund transportation projects

The money going to states is meant to reduce their need to raise taxes or cut government spending to meet their constitutional balanced-budget requirements. According to ARRA proponents, such fiscal austerity could intensify the contraction of the national economy (see, e.g., Romer 2009).

The total impact of ARRA money going to states will depend on how quickly and productively states use the funds. How a given state spends its ARRA allocation will depend importantly on two factors: the restrictions tied to the use of the funds and the state's budget position. For unrestricted funds, states facing more severe budget deficits will probably spend the money quickly. States in stronger fiscal health, however, potentially could receive more unrestricted money than they need to fund planned obligations and might save the excess by adding to their rainy day funds or transferring it to residents in the form of tax cuts. A good indicator then of how likely a state is to spend unrestricted federal funds immediately is its projected near-term budget deficit. I look at the relationship between state ARRA allocations and projected state budget gaps below.

For restricted funds, such as money earmarked for specific transportation projects, a different question is in order: Will these new public investments crowd out potential private investment, as some have argued (e.g., Becker and Murphy 2009), by drawing away productive resources such as capital and labor? The closer a state's economy is to operating at capacity, the greater the potential for such crowding out. Below I also analyze whether ARRA's transportation spending is expected to go disproportionately to states with the greatest idle productive capacity, which would reduce the potential for crowding out.

How are stimulus funds allocated to states?

The way in which ARRA funds will be distributed to states differs for each component of the stimulus package. For the $40 billion UI component, the federal government will almost fully reimburse each state's cost of expanding and extending unemployment benefits. Hence, these funds will be allocated roughly in proportion to state unemployment rates. The other three ARRA state programs cited above are allocated according to formulas specified in the legislation, though each program also includes a small portion to be allocated at the discretion of the executive branch. The Fiscal Stabilization Fund, which is meant to prevent cuts in state education spending, uses the simplest of the three formulas. Aside from a small portion set aside for incentive grants, program funds will be allocated to each state according to a weighted average of its total population and its school-age population.

The Fiscal Relief Fund piggybacks on the existing formula for federal government assistance to state Medicaid programs and has three parts. The first is a simple scaling up of the existing federal share of a state's Medicaid costs. Second, a so-called "hold-harmless" component is meant to offset cuts in federal support called for by the existing formula in states where per capita income grew rapidly in the last few years prior to the start of the recession. The third part provides for an additional increase in a state's federal Medicaid share in proportion to the rise in the state's unemployment rate during the recession. Taken together, the Fiscal Relief Fund's three components direct the most support to states that have experienced the most rapid reversals in economic fortunes, where strong pre-recession economic growth was followed by rapidly rising unemployment and expanding Medicaid rolls.

The Fiscal Stabilization and Fiscal Relief Funds are partially restricted. They are meant to enable states to maintain spending on Medicaid and education above minimum thresholds laid out in the legislation. However, once a state has met those minimum requirements, stimulus funds from these two programs allow the state to shift resources to other parts of its budget. For practical purposes, these funds are largely unrestricted.

Are needy states getting more of the money?

Earlier I suggested that a reasonable indicator of how likely a state is to spend unrestricted ARRA funds immediately is its projected budget deficit. So one test of the legislation's potential impact is whether states with bigger projected budget gaps are likely to receive disproportionate shares of the Fiscal Stabilization and Fiscal Relief Funds, the primary sources of unrestricted state money in ARRA. To answer this, I look at the Center on Budget and Policy Priorities data on projected state fiscal 2010 budget gaps, as well as the Center's estimates of state Fiscal Stabilization and Fiscal Relief Fund allocations. The budget gap data are based on state reports forecasting the difference between revenue and spending, assuming no change in current state laws.

Figure 1 shows a scatter plot depicting the relationship between these projected budget gaps and the expected allocations of Fiscal Stabilization and Fiscal Relief Funds. Each point in the plot represents a state, identified by its postal code. Its placement along the horizontal axis indicates its per capita budget gap. Its placement along the vertical axis represents the per capita funds it is expected to receive. The size of the circle for each state is proportional to its population. Finally, the line running through the data points depicts the relationship between the two series as estimated by population-weighted ordinary least squares regression, a statistical technique for measuring correlation. 

The figure clearly shows a strong positive correlation between a state's degree of fiscal strain and the amount of federal stimulus funds it is expected to receive. A separate analysis indicates that this positive relationship largely reflects the allocation of Fiscal Relief Funds, rather than Fiscal Stabilization Funds. This is not surprising. Recall that the majority of the $54 billion Stabilization Fund is allocated to each state based on a weighted average of its total population and its school-age population. This means the per capita allocation of the Fund will be in proportion to the school-age share of a state's total population. Of course, there's little reason to expect these youth shares of the population to be correlated with projected budget deficits, and in fact they are not. And recall that the allocation of the $90 billion Fiscal Relief Fund favors states that experienced rapid economic growth leading up to the recession followed by steep declines during the recession. Such reversals of fortune also take a heavy toll on state budgets, so it's not surprising that the Fiscal Relief funds are strongly correlated with these budget gaps.

I turn next to the issue of whether the impact of the restricted funds ARRA distributes to states could be hindered by crowding out of private-sector resources. Specifically, I assess whether transportation funds, the program's largest source of restricted funds, will be allocated disproportionately to those states most likely to have idle capacity, especially unemployed labor. The bulk of ARRA's transportation funds is expected to be allocated using the same formulas that the Department of Transportation (DOT) uses to distribute non-ARRA highway and other transportation funds to states. These formulas are based on factors such as a state's total highway miles, and needed repairs to roads and bridges previously identified by DOT. They are not designed to account for a state's economic condition, and there is no reason to expect a positive relationship between expected per capita ARRA transportation funds and unemployment rates. Data from the National Conference of State Legislatures and the Bureau of Labor Statistics confirm the absence of a positive correlation. In fact, a slight negative correlation exists, since less densely populated states tend to have more highway miles per capita. In addition, low-population-density states tend to be in better fiscal shape during this downturn, thanks largely to booms in their natural resources industries in recent years.

From the standpoint of maximizing the national economic impact of the stimulus package, this distribution of transportation spending clearly appears less than optimal. However, all states have seen substantial increases in their unemployment rates since the start of the recession, so it's hard to argue that any state currently is at full employment and does not have idle capacity that can be put to use on major construction projects.

Conclusion

As far as maximizing its impact on national economic growth, ARRA's allocation across states clearly is not perfect. The transportation funds are skewed toward states with lower unemployment rates, albeit rates above full employment levels. The Fiscal Stabilization Fund is distributed to states based on the age composition of each state's population, which turns out, not surprisingly, to be unrelated to state fiscal health.

The Fiscal Relief Fund, however, appears to be well-targeted because it is geared toward those states with the most serious fiscal strains. And the sheer magnitude of the $90 billion fiscal relief program is enough to ensure that ARRA fiscal aid funds will in aggregate be allocated to those states most likely to spend the money quickly. What's more, aid provided to states to fund additional unemployment insurance benefits is directly aimed at getting money into the hands of unemployed people, who are generally considered to have high propensities to spend rather than save.

So, while ARRA's state allocations do not represent the absolute optimal stimulus, they are on the whole well directed. Overall, that means that the economic impact of this support for state governments is more likely to exceed than to fall short of forecasts.

Daniel Wilson
Senior Economist

References

Becker, Gary S., and Kevin M. Murphy. 2009. "There's No Stimulus Free Lunch." Wall Street Journal Op-Ed, Feb. 10.

Romer, Christina. 2009. "The Case for Fiscal Stimulus: The Likely Effects of the American Recovery and Reinvestment Act." Speech delivered at Brookings Institution, Feb. 27.

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Latest From The Kansas City Fed

Here's the latest from the Kansas City Fed:

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April 19, 2009

Forgive And Forget: Who Gets Credit After Bankruptcy?

by Ethan Cohen-Cole, Burcu Duygan-Bump, and Judit Montoriol-Garriga
 
Conventional wisdom about individuals who have gone bankrupt is that they find it very difficult to get credit for at least some time after their bankruptcy. 

However, there is very little non-survey based empirical evidence on the availability of credit post-bankruptcy. This paper makes two contributions using data from one of the largest credit bureaus in the US.

First, we show that individuals who file for bankruptcy can indeed get credit very quickly after they file. Indeed, 90% of individuals have access to some sort of credit within the 18 months after filing for bankruptcy, and 66% have unsecured credit.

Second, we show that those individuals who are effectively the least punished and can get the easiest access to credit after bankruptcy tend to be the ones who have shown the least ability and propensity to repay their debt prior to declaring bankruptcy.

In fact, a significant fraction of individuals at the bottom of the credit quality spectrum seem to receive more credit after filing than before. We interpret the widespread credit access and the difference in credit provision across borrower types as evidence that lenders target at-risk borrowers.

By means of a simple stylized model we show that this observation is consistent with a profit maximizing lender whose optimal strategy involves segmenting borrowers by observable credit quality and bankruptcy status and that offers credit contracts to each group.

This interpretation is also in line with survey evidence that shows that lenders repeatedly solicit debtors to borrow after bankruptcy, with unsecured credit card being the easiest one to obtain.

Full Article: http://www.bos.frb.org/bankinfo/qau/wp/2009/qau0902.htm

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April 10, 2009

Reducing Foreclosures

by Christopher L. Foote, Kristopher S. Gerardi, Lorenz Goette, and Paul S. Willen

 This paper takes a skeptical look at a leading argument about what is causing the foreclosure crisis and what should be done to stop it. 

We use an economic model to focus on two key decisions: the borrower's choice to default on the mortgage and the lender's choice on whether to renegotiate or "modify" the loan.

The theoretical model and econometric analysis illustrate that "unaffordable" loans, defined as those with high mortgage payments relative to income at origination, are unlikely to be the main reason that borrowers decide to default. 

Rather, the typical problem appears to be a combination of household income shocks and an unprecedented fall in house prices.

 Regarding the small number of loan modifications to date, we show, both theoretically and empirically, that the efficiency of foreclosure for investors is a more plausible explanation for the low number of modifications than contract frictions related to securitization agreements between servicers and investors. 

While investors might be foreclosing when it would be socially efficient to modify, there is little evidence to suggest they are acting against their own interests when they do so.

 An important implication of our analysis is that policies designed to reduce foreclosures should focus on ameliorating the immediate effects of job loss and other adverse life events, rather than modifying loans to make them more "affordable" on a long-term basis.

 Full Article: http://www.bos.frb.org/economic/ppdp/2009/ppdp0902.htm

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March 1, 2009

Currency Transaction Reporting (CTR) Requirement

The Financial Crimes Enforcement Network (FinCEN) recently released an educational pamphlet, "Notice to Customers: A CTR Reference Guide."  This pamphlet explains the CTR reporting requirement to members who may not be familiar with the credit union's obligations under the Bank Secrecy Act (BSA). 

This pamphlet does not alter a credit union's BSA reporting requirements.  The pamphlet explains that large currency transactions are not illegal, and that credit unions are required to obtain information from their members when conducting such transactions.  The pamphlet also explains what constitutes structuring and explains that if a member attempts to structure transactions there are potential civil and criminal consequences.  

Credit unions are not required to use the pamphlet, but may find the pamphlet useful when addressing member questions regarding particular currency transactions.  Credit unions may print the pamphlet from FinCEN's website at http://www.fincen.gov/whatsnew/pdf/CTRPamphletBW.pdf.  FinCEN is exploring the possibility of printing a supply of these pamphlets so credit unions can order them from FinCEN in the future.  

Additional information regarding these pamphlets may be obtained on FinCEN's website at http://www.fincen.gov/whatsnew/pdf/20090224.pdf.   

If you have any questions regarding this educational pamphlet, please contact your district examiner, regional office, or state supervisory authority.

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April 22, 2009

Home Valuation Code of Conduct - Effective May 1

The Home Valuation Code of Conduct (the Code) is the result of a joint agreement between Freddie Mac, the Federal Housing Finance Agency (FHFA), and the New York State Attorney General to enhance the independence and accuracy of the appraisal process, and provide added protections for homebuyers, mortgage investors and the housing market.

Effective Date

Effective May 1, 2009, Freddie Mac will no longer purchase mortgages from Sellers that do not adopt the Code with respect to single-family mortgages that are delivered to Freddie Mac.

Also, effective for single-family mortgages with loan application dates on or after May 1, 2009, Freddie Mac Seller/Servicers must represent and warrant that the appraisal report is obtained in a manner consistent with the Code.

The sale of the following mortgages is excluded from the representation and warranty: FHA/VA Mortgages, Section 184 Native American Mortgages, and Section 502 Guaranteed Rural Housing Mortgages.

Independent Valuation Protection Institute

We will work with the New York State Attorney General, FHFA, Fannie Mae and other mortgage market participants regarding the Independent Valuation Protection Institute (Institute). The Institute has not yet been established, and therefore, the provisions regarding the Institute are not yet effective.

For more information

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July 17, 2009

California Registered Warrants

Summary:

The federal financial institution regulatory agencies are jointly issuing the attached supervisory guidance for financial institutions regarding the regulatory capital treatment for registered warrants issued by the State of California as payment for certain obligations.


Distribution:
FDIC-Supervised Banks (Commercial and Savings)

Complete Financial Institution Letter: http://www.fdic.gov/news/news/financial/2009/fil09041.html

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From the Kansas City Fed

The following information is now available on the Federal Reserve Bank of Kansas City's Web site:

 

The nation's smallest banks are experiencing problems along with the rest of the industry, but so far seem to be suffering less today than during the crisis of the '80s. Read what a few community bankers in the region say about the current conditions in the summer issue of TEN.

 

Also in this issue:

 

- Tips and free resources for talking to kids about the economy by TEN columnist Michele Wulff;

 

- An introduction by President Tom Hoenig of the Federal Reserve Bank of Kansas City's new book "The Balance of Power;"

 

- A tribute to former Kansas City Fed President Roger Guffey; and

 

- A look at rewards offered by credit and debit cards; changes in home affordability through the years; and more.

 

http://www.KansasCityFed.org/publicat/TEN/TENmain.htm?ealert=TEN0713

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June 17, 2009

Reducing Foreclosures: No Easy Answers

Reducing Foreclosures: No Easy Answers
Working Paper 2009-15
“Unaffordable” loans, as measured at origination, are unlikely to be the main reason that borrowers decide to default. Rather, the typical problem appears to be a combination of household income shocks and an unprecedented fall in house prices.

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May 17, 2009

The Fed's Monetary Policy Response to the Current Crisis

The Federal Reserve is employing all available tools to promote economic recovery and price stability by lowering borrowing costs and boosting credit availability. In particular, after lowering the federal funds rate to essentially zero, the Fed has turned to unconventional policy tools to help accomplish its goals.

http://www.frbsf.org/publications/economics/letter/2009/el2009-17.html

 

 

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April 24, 2009

Consumer Lending Regulations

Regulation B

Equal Credit Opportunity
Regulation B prohibits creditors from discriminating against credit applicants, establishes guidelines for gathering and evaluating credit information, and requires written notification when credit is denied.

The regulation prohibits creditors from discrimination against applicants on the basis of age, race, color, religion, national origin, sex, marital status, or receipt of income from public assistance programs.

Model credit application forms are provided in the regulation to facilitate compliance. By properly using these forms, creditors can be assured of being in compliance with the application requirements.

The regulation also requires creditors to give applicants a written notification of rejection of an application, a statement of the applicant's rights under the Equal Credit Opportunity Act, and a statement either of the reasons for the rejection or of the applicant's right to request the reasons. Creditors who furnish credit information, when reporting information on married borrowers, must report information in the names of each spouse.

The regulation establishes a special residential mortgage credit monitoring system for regulatory agencies by requiring that lenders ask for and note the race, national origin, sex, marital status, and age of residential mortgage applicants. The regulation covers all credit transactions (unlike other regulations that may cover only consumer credit), with some modifications applicable to certain classes of transactions.

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Regulation C

Home Mortgage Disclosure
Regulation C requires certain mortgage lenders to disclose data regarding their lending patterns.

The regulation carries out the Home Mortgage Disclosure Act of 1975, providing citizens and public officials with data to help determine whether lenders are meeting the credit needs of their communities and complying with fair lending laws.

The regulation applies to banks, savings and loans, credit unions and mortgage companies that have offices in Metropolitan Statistical Areas and that meet certain coverage criteria relating to asset size and volume of lending. These institutions must record and make available to the public data on mortgage loans that they originate or purchase and also on applications for such loans. In many instances, the race or national origin, gender, and income of the applicant must be reported as well as the location of the property and the type of loan.

The Board may exempt from Regulation C any institution complying with substantially similar state laws.

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Regulation D

Reserve Requirements
Regulation D imposes uniform reserve requirements on all depository institutions with transaction accounts or nonpersonal time deposits; defines such deposits and requires reports of deposits to the Federal Reserve.

This regulation sets uniform reserve requirements for all depository institutions. The reserve requirements are based on various deposit account classifications. The regulation is important to consumers because it defines transaction,
savings and time deposit account categories.

Transaction accounts are:

  • checking accounts
  • negotiable order of withdrawal
  • (NOW) accounts
  • share draft accounts at credit unions
  • automatic transfer service (ATS) accounts

Savings accounts are:

  • share accounts at credit unions
  • passbook savings accounts
  • statement savings accounts
  • money market deposit accounts

Time deposits are:

  • certificates of deposits (CDs)
  • certain "club" accounts
  • share certificates at credit unions
Regulation E

Electronic Fund Transfers
Regulation E establishes the rights, liabilities, and responsibilities of parties in electronic fund transfers (EFT) and protects consumers using EFT systems.

Regulation E prescribes rules for the solicitation and issuance of EFT cards; governs consumers' liability for unauthorized electronic fund transfers (resulting, for example, from lost or stolen cards); requires institutions to disclose certain terms and conditions of EFT services; provides for documentation of electronic transfers (on periodic statements, for example)- sets up a resolution procedure for errors; and covers notice of crediting and stoppage of preauthorized payments from a customer's account.

Stored-value cards (also known as "smart cards") and home banking by personal computer would be subject to Regulation E because the act governs electronic fund transfers.

 
Regulation H

Membership Requirements for State Chartered Banks
This regulation is important for consumers because it requires lenders to disclose information regarding flood hazard areas which require additional insurance.

This regulation sets forth the procedures for state-chartered banks to become members of the Federal Reserve Bank System and states the privileges and requirements of membership. Of importance for consumers is the requirement that lenders disclose to borrowers if their structure is in a designated flood hazard area and that the lender require borrowers to purchase flood insurance if their improved property is in a designated flood hazard area.

Regulation M

Consumer Leasing
Regulation M implements the consumer leasing provisions of the Truth in Lending Act.

Regulation M applies to leases of personal property for more than 4 months for personal, family, or household use. It requires leasing companies to disclose in writing the cost of a lease, including a security deposit, monthly payments, license, registration, taxes and maintenance fees and, in the case of an open-end lease, whether a 'balloon payment' may be applied. It also requires written disclosure of the terms of a lease, including insurance, guarantees, responsibility for servicing the property, standards for wear and tear, and any option to buy.

 
Regulation P

Regulation P requires a financial institution to provide notice to its customers about its privacy policies and practices. The regulation provides consumers with the right to prevent a financial institution from disclosing nonpublic personal information about the consumer to nonaffiliated third parties, by providing a means to "opt out" of the disclosure.

 
Regulation Q

Interest on Demand Deposits, Advertising
Regulation Q prohibits member banks from paying interest on demand deposits.

Federal law prohibits the payment of interest on demand deposits, as defined by section 204.2(b) of Regulation D. The prohibition of payment of interest on demand deposits is designed to address the lack of uniformity that contributed to bank failures during the depression. The prohibition prevents either strong institutions or troubled institutions from creating a bidding war for funds.

Regulation V

Regulation V improves the procedures by which consumers access their credit files or credit scores that are maintained by reporting agencies. The regulation also requires financial institutions to identify patterns, practices, or other activities regarding a consumer's account that may indicate the existence of fraudulent activity or identity theft.

 
Regulation Z

Truth in Lending
Regulation Z prescribes uniform methods of computing the cost of credit, disclosure of credit terms, and procedures for resolving errors on certain credit accounts. It also gives consumers the right to cancel certain transactions involving their principal residence.

The credit provisions of the regulation apply to all persons who extend consumer credit more than 25 times a year or, in the case of consumer credit secured by real estate, more than 5 times a year. Consumer credit is generally defined as credit offered or extended to individuals for personal, family, or household purposes, where the credit is repayable in more than four installments or for which a finance charge is imposed.

The major provisions of the regulation require lenders to:

  • provide borrowers with meaningful, written information on essential credit terms, including the cost of credit expressed as an annual percentage rate (APR).
  • respond to consumer complaints of billing errors on certain credit accounts within a specific period.
  • identify credit transactions on periodic statements of open-end credit accounts.
  • provide certain rights regarding credit cards.
  • provide good faith estimations of disclosure information before consummation of certain residential mortgage transactions.
  • provide "early" disclosure of credit terms to consumers interested in adjustable rate mortgages (ARMS) and home equity lines of credit.
  • comply with special requirements when advertising credit.
Regulation AA

Consumer Complaint Procedures
Regulation AA establishes consumer complaint procedures and defines unfair or deceptive acts or practices of banks in connection with extensions of credit to consumers.

Under the regulation, a consumer complaint concerning either an alleged unfair or deceptive practice, or an alleged violation of law or regulation by a state member bank, will be investigated by the Federal Reserve. Complaints regarding institutions other than state member banks will be referred to the appropriate Federal Agency.

  • To file a consumer complaint concerning a national bank contact the local Office of the Comptroller of the Currency.
  • To file a consumer complaint concerning a state member bank (a bank that is a member of the Federal Reserve System) contact the Federal Reserve Consumer Help Center.
  • To file a consumer complaint concerning a nonmember bank or a savings bank (a bank that is not a member of the Federal Reserve System) contact the local Federal Deposit Insurance Corporation ('FDIC') office.
  • To file a consumer complaint concerning a savings and loan contact the local Office of Thrift Supervision ('OTS').
  • To file a consumer complaint concerning a credit union contact the local National Credit Union Administration ('NCUA').

Regulation AA also prohibits the use of certain consumer contract provisions, an accounting practice known as 'pyramiding' (charging a late fee on an unpaid late fee) and misrepresentation of cosigners liability.

Regulation BB

Community Reinvestment
Regulation BB implements the Community Reinvestment Act (CRA) and is designed to encourage banks to help meet the credit needs of their communities.

Under Regulation BB, each bank office must make available a statement for public inspection indicating, on a map, the communities served by that office and the type of credit the bank is prepared to extend within the communities served. The regulation requires each bank to maintain a file of public comments relating to its CRA statement. The Federal Reserve, in examining a bank, must assess its record in meeting the credit needs of the entire community, including low- and moderate-income neighborhoods, and must take account of the record in considering certain bank applications. In addition, the act requires public disclosure of a bank's CRA rating and CRA performance evaluations.

 
Regulation CC

Availability of Funds and Collection of Checks
Regulation CC implements the Expedited Funds Availability Act (EFA) and governs the availability of funds and the collection and return of checks.

Regulation CC establishes availability schedules, as provided in the EFA, under which depository institutions must make funds deposited into transaction accounts available for withdrawal. The regulation also provides that depository institutions must disclose their funds availability policies to their customers. In addition, Regulation CC establishes rules designed to speed the collection and return of checks and imposes a responsibility on banks to return unpaid checks expeditiously. The provisions of Regulation CC govern all checks, not just those collected through the Federal Reserve System.

 
Regulation DD

Truth in Savings
Regulation DD requires depository institutions to disclose the terms of deposit accounts to consumers.

The regulation applies to consumer deposit accounts offered by depository institutions (except credit unions, which are governed by rules of the National Credit Union Administration).

The major provisions of the regulation require institutions to:

  • provide consumer account holders with written information about important terms of an account, including the annual percentage yield.
  • provide fee and other information on any periodic statement sent to consumers.
  • use certain methods to determine the balance on which interest is calculated.
  • comply with special requirements when advertising deposit accounts.
Fair Credit Reporting Act
This act defines a credit reporting agency and adopts procedures for meeting the needs of lenders while maintaining fair and equitable use of consumer credit information.

This act establishes procedures for correcting mistakes on a consumer's credit report and requires that a consumer's record only be provided for legitimate business purposes. It also requires that the record be kept confidential. A credit record may be retained seven years for judgements, liens, suits, and other adverse information except for bankruptcies, which may be retained for ten years. If a consumer is denied credit, a free credit report may be requested within 30 days of denial.
 
Fair Debt Collection Practices Act
This act defines which financial institutions are subject to the act and prohibits abusive debt collection practices.

The purpose of this act is to eliminate abusive, deceptive, and unfair debt collection practices. It applies to third party debt collectors or to those who use a name other than their own in collecting debts. Most all financial institutions collect debts in their own name and therefore the act applies to only a few of them. Complaints regarding debt collection practices should generally be filed with the Federal Trade Commission.
 
Fair Housing Act
This act prohibits discrimination on the basis of race, color, sex, religion, handicap, familial status or national origin in the financing, sale or rental of housing.

The Fair Housing Act (FHA) was implemented as part of the Civil Rights Act, Title VIII, in 1968. FHA applies to the sale and rental of housing in addition to residential real estate-related transactions such as lending.

The FHA provides that it is unlawful for any person or entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction. Such discrimination cannot be based on race, color, religion, sex, handicap, familial status, or national origin.

The FHA and the Equal Credit Opportunity Act (ECOA) prohibit pre-screening or discouraging loan applicants. Individuals should be encouraged to apply, regardless of whether an individual lender believes the loan will or will not be approved. Under the prohibition, banks should ensure their advertising policies and underwriting policies and procedures do not have the effect of inadvertently discouraging or pre-screening potential applicants. Additionally, loan officers are prohibited from discriminating against persons who exercise their right under the Consumer Credit Protection Act.

Use of excessive and burdensome credit qualifying standards for certain groups of persons is prohibited under FHA. Also prohibited are the imposition on minority loan applicants of: less favorable interest rates; less favorable terms, conditions, or requirements; or more arduous administration of foreclosure, late charges, or penalties.

Right to Financial Privacy Act
This act establishes procedures for the release financial records of consumers to government authorities.

This act provides customers of financial institutions have a right to expect that their financial activities will have a reasonable amount of privacy from federal government scrutiny. The act establishes specific procedures and exceptions concerning the release of customer financial records to the federal government.
 
Real Estate Settlement Procedures Act
This act requires lenders to provide consumers with information concerning the costs involved in residential mortgages before they obtain their loan.

One of the provisions of this act requires that consumers be provided with pertinent and timely disclosures regarding the nature and costs of the real estate settlement process. The act also protects consumers against certain abusive practices, such as kickbacks, and sets limitations on the use of escrow accounts. The act requires disclosures for mortgage escrow accounts at closing and annually thereafter. Disclosures are required to itemized charges paid by the borrower and what is paid by the servicer from escrow account

Filed under Bank Regulation, CRA, Compliance Auditing, Consumer Lending, Credit Union Regulation, HMDA, Privacy Act, RESPA, Real Estate Lending by admin

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Microfinance in Good Times And Bad

Communities & Banking
Current Issue: Spring 2009
Communities and Banking, Winter 2009 Complete Issue pdf

Contents (each article available in PDF) pdf

Building Sustainable Communities
by Joe Vaughan, Local Initiatives Support Corporation
Local Initiatives Support Corporation and two nonprofits are launching a new concept in Rhode Island. Through its Sustainable Communities program, LISC will assist the organizations in conducting resident-led planning to ensure buy-in for improvements in targeted neighborhoods.

Using Financial Innovation to Support Savers
by Peter Tufano, Harvard Business School, and Daniel Schneider, Princeton University
The simplest ideas for helping Americans save may be the most powerful. One process innovation would allow workers once again to purchase U.S. Savings Bonds on their tax returns. An example of a product innovation is a savings account tied to winning a prize.

MicroCredit-NH Boosts North Country Economy
by Tara Bishop, New Hampshire Community Loan Fund
Mill closings in New Hampshire's northernmost county spurred local leaders and MicroCredit-NH to improve self-employment opportunities by offering hands-on training. The Coös County Entrepreneurial Program's success is now creating increased demand.

Microfinance in Good Times and Bad
by Gina Harman and Matthew Royles, ACCION USA
With banks still facing challenges, alternative sources of credit are likely to play an increasingly important role in financing small businesses. The authors describe what ACCION USA has learned as its approach to microlending has evolved.

A Nonprofit Chooses a Path to Expansion
by Margaret Boasberg and Barbara Christiansen, The Bridgespan Group
Successful nonprofits often wonder whether to grow and, if so, how. In 2006, the Massachusetts-based MY TURN began an in-depth self-assessment as part of a strategizing process that may be instructive for other organizations.

Immigrant Experience: The Relation between Skin Color and Pay
by Joni Hersch, Vanderbilt University
There is considerable evidence of discriminatory treatment of immigrants in employment and access to housing, and the author's research suggests that factors such as height and darkness of skin may influence how immigrants are treated.

Mapping New England: Foreclosure Prevention Event
by Kai-yan Lee, Federal Reserve Bank of Boston
Two maps show where many of the holders of troubled mortgages who attended the first foreclosure prevention workshop of the Federal Reserve Bank of Boston came from.

Making Affordable Housing Greener
by Edward F. Connelly and Jessica Miller, New Ecology Inc.
With a beneficial focus on up-front planning, green building has moved from the fringes to the mainstream. Studies are finding no statistically significant difference between the costs of green construction and traditional building-and operational savings are significant.

College Readiness: Massachusetts Compiles the Data
by Carrie Conaway, Massachusetts Department of Elementary and Secondary Education
A new database that collects information on Massachusetts public high school graduates who enroll in Massachusetts public postsecondary institutions has become a powerful tool for policymaking and for helping students move successfully from high school to college.

 

Filed under Banking News, Federal Reserve by admin

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Intrametropolitan Patterns of Foreclosed Homes

 

Intrametropolitan Patterns of Foreclosed Homes: ZIP-Code-Level Distributions of Real-Estate-Owned (REO) Properties during the U.S. Mortgage Crisis
By Dan Immergluck
Discussion Paper 01-09 (April 21, 2009)

Communities developing response strategies to the foreclosure crisis have become concerned about the accumulation of real-estate-owned (REO) properties. This paper describes REO accumulation patterns in central city, suburban, and exurban neighborhoods of U.S. metropolitan areas.

http://www.frbatlanta.org/filelegacydocs/dp_0109.pdf

Filed under Banking News, Credit Union News, Federal Reserve by admin

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FDIC Quarterly - 2009 Volume 3

FDIC-insured institutions reported a net loss of $32.1 billion in the fourth quarter of 2008, a decline of $32.7 billion from the $575 million that the industry earned in the fourth quarter of 2007 and the first quarterly loss since 1990. Rising loan-loss provisions, large writedowns of goodwill and other assets, and sizable losses in trading accounts all contributed to the industry's net loss. More than two-thirds of all insured institutions were profitable in the fourth quarter, but their earnings were outweighed by large losses at a number of big banks.

Insurance Fund Indicators
Estimated insured deposits (based on the basic FDIC insurance limit of $100,000) increased by 4.6 percent in the fourth quarter. The Deposit Insurance Fund reserve ratio fell to 0.40 percent, and 12 FDIC-insured institutions failed during the quarter.

Temporary Liquidity Guarantee Program
The FDIC Board approved the Temporary Liquidity Guarantee Program (TLGP) in response to major disruptions in credit markets. The TLGP improves access to liquidity for participating institutions by fully guaranteeing non-interest-bearing transaction deposit accounts and by guaranteeing eligible senior unsecured debt. More than 85 percent of FDIC-insured institutions have opted in to the Transaction Account Guarantee Program, and more than 8,000 eligible entities have elected the option to participate in the Debt Guarantee Program. Over $680 billion in non-interest-bearing transaction accounts was guaranteed as of December 31, 2008, and $224 billion in guaranteed senior unsecured debt, issued by 64 entities, was outstanding at year-end.

Feature Articles:

The 2009 Economic Landscape: How the Recession Is Unfolding across Four U.S. Regions

Events in the U.S. and global financial markets are powerful drivers of the recession that began in 2007. However, this economic downturn is unfolding in unique ways across the various regional economies. The following series of articles takes a closer look at the distinct way that this recession is playing out in four major regions of the country. Printable Version - PDF 605k (PDF Help)

 

  • Recession Adds to Long-Term Manufacturing Challenges in the Industrial Midwest
       By Patrick M. Dervin and John M. Anderlik -
    Printable Version - PDF 189k (PDF Help)  

     

  • The Sand States: Anatomy of a Perfect Housing-Market Storm
       By Shayna M. Olesiuk and Kathy R. Kalser -
    Printable Version - PDF 145k (PDF Help)  

     

  • Financial Sector Woes Pressure the Northeast
       By Robert M. DiChiara and Kathy R. Kalser -
    Printable Version - PDF 184k (PDF Help)  

     

  • How Long Can Energy and Agriculture Boost the Nation's Midsection?
       By Adrian R. Sanchez and John M. Anderlik -
    Printable Version - PDF 254k (PDF Help)  
  •  

    Alternative Financial Services: A Primer
       By Christine Bradley, Susan Burhouse, Heather Gratton, Rae-Ann Miller

    Alternative financial services (AFS) is a term often used to describe the array of financial services offered by companies that are not federally insured banks and thrifts. It sometimes also refers to financial services that are offered through alternative channels, such as the Internet or mobile phones. This article provides an overview of AFS and a description of the key products and services in this sector. It is intended as a primer for banks and others who are interested in understanding the competitive landscape in the financial services industry and exploring suitable opportunities in the AFS sector. Printable Version - PDF 282k (PDF Help)

     

    Filed under Banking News, Credit Union News, FDIC by admin

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