On 1/6/2014 10:59 AM, jim wrote:
>
>
> Rudy Canoza wrote:
>>
>> On 1/6/2014 7:42 AM, jim, front boy for a left-wing disinformation
>> collective, lied:
>>>
>>>
>>> Gunner Asch wrote:
>>>>
>>>> On Mon, 06 Jan 2014 08:08:57 -0500, Sancho Panza
>>>> <
otter...@xhotmail.com> wrote:
>>>>
>>>>> On 1/6/2014 7:54 AM, jim, front boy for a left-wing disinformation collective, lied:
>>>>>>
>>>>>>
>>>>>> Sancho Panza wrote:
>>>>>>
>>>>>>>>> Let the Progressives explain it to you in their own words.
>>>>>>>>
>>>>>>>> The progressive politicians are full of hot air just like you are.
>>>>>>>>
>>>>>>>> You still haven't found a single lawsuit or piece of legislation
>>>>>>>> that extorted banks to make bad loans.
>>>>>>>>
>>>>>>> Executive policy mandates don't count when you don't want them to.
>>>>>>
>>>>>> You have come up with nothing factual. All you have is stories.
>>>>>
>>>>> The entire text of the forceful mandate has been posted right here. Your
>>>>> forgetfulness may indicate a more serious illness.
>>>>
>>>
>>> You posted 20 pages that say nothing to support
>>> the claim that banks were forced to make bad loans.
>>
>> False. It absolutely did support it.
>>
>
> And yet you can't seem to identify what
> in the document supports the story that banks were
> forced to make bad loans. Instead you just create another
> unsupported story.
Seems to be plenty of legal and regulatory teeth in the ignored policy
statement:
"An inaccurate HMDA data submission constitutes a violation of
the HMDA, the Federal Reserve Board's Regulation C, and other
applicable laws, and may subject the lending institution to an
enforcement action, which could include civil money penalties, and, if
the lender is a HUD-approved mortgagee, the sanctions of the HUD
Mortgagee Review Board.
"An inaccurate HMDA data submission, however, is not in itself a
violation of the ECOA or the FH Act. However, a person who intentionally
submits incorrect or incomplete HMDA data in order to cover up a
violation of the FH Act may be subject, under the FH Act and federal
criminal statutes, to a fine or prison term or both.
"In addition, a failure to ensure accurate HMDA data may be considered
as a relevant fact during a FH Act investigation or an examination of
the institution's lending activities."
"Self-testing and corrective actions do not expunge or extinguish legal
liability for the violations of law, insulate a lender from private
suits, or eliminate the primary regulatory agency's obligation to make
the referrals required by law.
"However, they will be considered as a substantial mitigating factor by
the primary regulatory agencies when contemplating possible enforcement
actions. In addition, HUD and DOJ will consider as a substantial
mitigating factor an institution's self-identification and self-
correction when determining whether they will seek additional penalties
or other relief under the FH Act and the ECOA.
"The Agencies strongly encourage self-testing and will consider further
steps that might be taken to provide greater incentives for institutions
to undertake self-assessment and self-correction."
"In any case where discriminatory lending by a lending institution is
identified, the lender will be expected to identify and fairly
compensate victims of discriminatory conduct. . . . Such a violation
might constitute a ``pattern or practice'' that must be referred to DOJ
or a violation that must be referred to HUD."
"Enforcement sanctions and remedial measures for lending discrimination
violations vary depending on whether such sanctions are sought by the
appropriate federal financial institutions regulatory agencies, DOJ, HUD
or other federal agencies charged with enforcing either the ECOA or the
FH Act. The following discussion sets out the
criteria typically employed by the federal banking agencies (i.e., OCC,
OTS, the Board and FDIC), NCUA, DOJ, HUD, OFHEO, FHFB and FTC in
determining the nature and severity of sanctions that may be used to
address discriminatory lending practices.
"As discussed in Questions 8 and 9, above, in certain situations, the
primary regulatory agencies will also refer enforcement matters to HUD
or DOJ.
The Federal Banking Agencies:
The federal banking agencies are authorized to use the full range of
their enforcement authority under 12 U.S.C. 1818 to address
discriminatory lending practices. This includes the authority to seek:
* Enforcement actions that may require both prospective and
retrospective relief; and
* Civil money penalties (``CMPs'') in varying amounts against the
financial institution or any institution-affiliated party modification
of those terms and refunds of any greater amounts paid.
* Other Affirmative Action As Appropriate to Correct Conditions
Resulting From Discrimination: The federal banking agencies also have
the authority to require a financial institution to take affirmative
action to correct or remedy any conditions resulting from any violation
or practice. The banking agencies will determine whether such
affirmative action is appropriate in a given case and, if such action is
appropriate, the type of remedy to order.
* Requiring the financial institution to pay CMPs: The banking agencies
have the authority to assess CMPs against financial institutions or
individuals for violating fair lending laws or regulations. Each agency
has the authority to assess CMPs of up to $5,000 per day for any
violation of law, rule or regulation. Penalties of up to $25,000 per day
are also permitted, but only if the violations represent a pattern of
misconduct, cause more than minimal loss to the financial institution,
or result in gain or benefit to the party involved. CMPs are paid to the
U.S. Treasury and therefore do not compensate victims of discrimination.
National Credit Union Administration
For federal credit unions, NCUA will employ criteria comparable to those
of the federal banking agencies, pursuant to its authority under 12
U.S.C. 1786.
The Department of Justice
The Department of Justice is authorized to use the full range of its
enforcement authority under the FH Act and the ECOA. DOJ has authority
to commence pattern or practice investigations of possible lending
discrimination on its own initiative or through referrals from the
federal financial institutions regulatory agencies, and to file lawsuits
in federal court where there is reasonable cause to believe that such
violations have occurred. DOJ is also authorized under the FH Act to
bring suit based on individual complaints filed with HUD where one of
the parties to the complaint elects to have the case heard in
federal court.
The relief sought by DOJ in lending discrimination lawsuits may include:
* An injunction which may require both prospective and retrospective
relief; and,
* In enforcement actions under the FH Act, CMPs not to exceed $50,000
per defendant for a first violation and $100,000 for any subsequent
violation.
Prospective injunctive relief may include:
* A permanent injunction to insure against a recurrence of the unlawful
practices;
* Affirmative measures to correct past discriminatory policies,
procedures, or practices, so long as consistent with safety and
soundness, such as:
* Expansion of the lender's service areas to include previously excluded
minority neighborhoods;
* Opening branches or other credit facilities in underserved minority
neighborhoods;
* Targeted sales calls on real estate agents and builders active in
minority neighborhoods;
* Advertising through minority-oriented media;
* Self-testing;
* Employee training;
* Changes to commission structures which tend to discourage lending in
minority and low-income neighborhoods; and
* Changes in loan processing and underwriting procedures (including
second reviews of denied applications) to ensure equal treatment without
regard to prohibited factors; and
* Record keeping and reporting requirements to monitor compliance with
remedial obligations.
Retrospective injunctive relief may include relief for victims of past
discrimination, actual and punitive damages, and offers or adjustments
of credit or other forms of loan commitments.
The Department of Housing and Urban Development
The Department of Housing and Urban Development is fully authorized to
investigate complaints alleging discrimination in lending in violation
of the FH Act and has the authority to initiate complaints and
investigations even when an individual complaint has not been received.
HUD issues determinations on whether or not reasonable cause exists to
believe that the FH Act has been violated. HUD also may authorize
actions for temporary and preliminary injunctions to be brought by DOJ
and has authority to issue enforceable subpoenas for information related
to investigations.
Following issuance of a determination of reasonable cause under the FH
Act, HUD enforces the FH Act administratively unless one of the parties
elects to have the case heard in federal court in a case brought by DOJ.
Relief under the FH Act that may be awarded by an administrative law
judge (``ALJ'') after a hearing, or by the Secretary on review of a
decision by an ALJ, includes:
* Injunctive or other appropriate relief, including a variety of actions
designed to correct discriminatory practices, such as changes in loan
processes or procedures, modifications of loan service areas or
branching actions, approval of previously denied loans to aggrieved
persons, additional record-keeping and reporting on future activities or
other affirmative relief;
* Actual damages suffered by persons who are aggrieved by any violation
of the FH Act, including damages for mental distress and out-of-pocket
losses attributable to a violation; and
* Civil penalties of up to $10,000 for each initial violation and up to
$25,000 and $50,000 for successive violations within specific time frames.
HUD also is authorized to direct Fannie Mae and Freddie Mac to undertake
various remedial actions, including suspension, probation, reprimand, or
settlement, against lenders found to have engaged in discriminatory
lending practices in violation of the FH Act or the ECOA.
The Office of Federal Housing Enterprise Oversight
The Office of Federal Housing Enterprise Oversight is authorized to use
its enforcement authority under 12 U.S.C. 4631 and 4636, including cease
and desist orders and CMPs for violations by Fannie Mae and Freddie Mac
of the fair housing regulations promulgated by the Secretary of HUD
pursuant to 12 U.S.C. Sec. 4545.
The Federal Housing Finance Board
While the Federal Housing Finance Board does not have enforcement
authority under the ECOA or the FH Act, in reviewing the members of the
Federal Home Loan Bank System for community support, it may restrict
access to long-term System advances to any member that, within two years
prior to the due date of submission of a Community Support Statement,
had a final administrative or judicial ruling against it based on
violations of those statutes (or any similar state or local law
prohibiting discrimination in lending). System members in this situation
are asked to submit to the Finance Board an explanation of steps taken
to remedy the violation or prevent a recurrence. See 12 U.S.C. 1430(g);
12 CFR 936.3 (b)(5).
The Federal Trade Commission
The Federal Trade Commission enforces the requirements of the ECOA and
Regulation B for all lenders subject to the ECOA, except where
enforcement is specifically committed to another agency. The FTC may
exercise all of its functions and powers under the Federal Trade
Commission Act (``FTC Act'') to enforce the ECOA, and a violation of any
requirement under the ECOA is deemed to be a violation of a requirement
under the FTC Act.
The FTC has the power to enforce Regulation B in the same manner as if
a violation of Regulation B were a violation of an FTC trade regulation
rule. This means that the FTC has the power to investigate lenders
suspected of lending discrimination and to use compulsory process in
doing so.
The Commission, through DOJ or on its own behalf where the Justice
Department declines to act, may file suit in federal court against
suspected violators and seek relief including:
* Injunctions against the violative practice;
* Civil penalties of up to $10,000 for each violation; and
* Redress to affected consumers.
In addition, the Commission routinely imposes recordkeeping and
reporting requirements to monitor compliance."