Compliance Landscape

Compliance today is a daunting task for financial institutions. With a multitude of federal and state laws, regulations, and rules emerging from over a dozen federal departments and independent agencies not including state regulators, the result is often inconsistencies or conflicting interpretations of policy, even when the ultimate goals are the same. Government agencies are increasing their capacity to audit, and the need to have a well-documented compliance regime is paramount.

The Challenge of a Changing Regulatory Environment

In an article for HousingWire, Gate House Partner Brian Montgomery shared his perspective on the regulatory landscape facing executives in the financial service industry — the need to act responsibly with respect to fair lending laws and to understand the complexity of it all.“[M]ultiple agencies pursuing the same general goals sometimes creates inconsistencies or conflicting interpretations of policy, making it difficult for financial institutions to navigate uncharted waters, even with the best of intentions.” Montgomery wrote. Montgomery, who served as Deputy Secretary of HUD and FHA Commissioner twice, emphasized the risks, particularly in the areas of lending and loan servicing: “Recent regulatory actions have targeted marketing practices, credit allocation and product offerings,” he said, with top executives more often being held accountable for their “company policies, procedures, operations, and culture.” With risk to the firm not only financially but reputationally, the need to “identify gaps that may exist in their knowledge and experience and structure management teams accordingly” is paramount if they are to demonstrate to overseers that they possess a comprehensive approach to their compliance obligations. Private industry participants have their work cut out for them as they go about the critical work of upholding the letter and spirit of our country’s fair lending laws, Montgomery said. Both private firms and government must work together at times, with private industry willing to serve as partners to government and the government for their part providing “transparency, open dialogue and technology improvements” to make our system work.

Regulators and Enforcement Agencies

Department of Justice (DOJ)

The civil rights division works to protect some of the most fundamental rights of individuals, including the right to access housing free from discrimination, the right to access credit on an nondiscriminatory basis.
Go to Department of Justice (DOJ)

Consumer Financial Protection Bureau (CFPB)

The Consumer Financial Protection Bureau is a 21st century agency that implements and enforces Federal consumer financial law and ensures that markets for consumer financial products are fair, transparent, and competitive.
Go To Consumer Financial Protection Bureau(CFPB)

Office of the Comptroller of the Currency (OCC)

The OCC charters, regulates, and supervises all national banks and federal savings associations as well as federal branches and agencies of foreign banks. The OCC is an independent bureau of the U.S. Department of the Treasury.
Go To Office of the Comptroller of the Currency (OCC)

Federal Deposit Insurance Corp. (FDIC)

The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation’s financial system. The FDIC insures deposits; examines and supervises financial institutions for safety, soundness, and consumer protection; makes large and complex financial institutions resolvable; and manages receiverships.
Go To Federal Deposit Insurance Corp. (FDIC)

Federal Reserve

The Federal Reserve System is the central bank of the United States. It performs five general functions to promote the effective operation of the U.S. economy and, more generally, the public interest; monetary policy, stability of the financial system, safety, and soundness of individual financial institutions, fosters payment and settlement system safety and promotes consumer protection and community development.
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Federal Housing Finance Agency (FHFA)

FHFA is responsible for the effective supervision, regulation, and housing mission oversight of the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal Home Loan Bank System (FHLB).
Go To Federal Housing Finance Agency (FHFA)

Financial Crimes Enforcement Network (FinCEN)

FinCEN is a bureau of the U.S. Department of the Treasury. FinCEN’s mission is to safeguard the financial system from illicit use and combat money laundering and promote national security through the collection, analysis, and dissemination of financial intelligence and strategic use of financial authorities.
Go To Financial Crimes Enforcement Network (FinCEN)

National Credit Union Administration (NCUA)

Created by the U.S. Congress in 1970, the National Credit Union Administration is an independent federal agency that insures deposits at federally insured credit unions, protects the members who own credit unions, and charters and regulates federal credit unions.
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Department of Housing and Urban Development (HUD)

HUD’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. HUD is working to strengthen the housing market to bolster the economy and protect consumers; meet the need for quality affordable rental homes; utilize housing as a platform for improving quality of life; build inclusive and sustainable communities free from discrimination; and transform the way HUD does business.
Go To Department of Housing and Urban Development (HUD)

Federal Housing Administration (FHA)

Serves the nation’s homebuyers, homeowners, renters, and communities through nationwide programs that support safe, sustainable, and affordable housing and access to quality healthcare. The Office of Housing is the largest Office within the U.S. Department of Housing and Urban Development.
Go to Federal Housing Administration (FHA)

Federal Trade Commission (FTC)

The FTC enforces laws that protect consumers from deceptive mortgage practices by certain kinds of lenders. The FTC also takes action when companies use illegal tactics directed to people facing foreclosure. If your company is within the jurisdiction of the FTC, are you complying with the law? Go To
Go To Federal Trade Commission (FTC)

Regulators and Enforcement Agencies