Mortgage Daily

Published On: August 26, 2009
States are eager to regulate federally chartered financial institutions, according to a letter to U.S. lawmakers. Seven out of more than 20 regulatory orders were against six different institutions operating under the name “First National.”

Attorneys general from two dozen states including California, Illinois and Ohio issued a letter to members of Congress in strong support of the creation of a Consumer Financial Protection Agency. The borrower-focused approach will maximize government resources, eliminate regulatory gaps and improve accountability. In addition, it will promote innovation in approaching fraudulent practices.

The the states’ chief law enforcement officers were most supportive of the proposed regulator because it would preserve the states’ own laws. They noted consumer protection laws should be equally applied to all banking and financial institutions operating within their states — regardless of state or federal charters.

“Historically, states have been proven leaders in fighting unfair and deceptive practices,” the letter stated. “We believe an independent federal agency combined with joint enforcement by state officials is the best option for meaningful consumer protection in this area.”

Collaboration between the National Credit Union Administration and state credit union supervisors is imperative during the current economic climate, an NCUA board member told a group attending an event hosted by the National Association of State Credit Union Supervisors. The agency, in collaboration with state supervisors, “has come along in refining its ideas on the qualities of supplemental capital that align with the credit union cooperative financial business model.”

Vermont regulators largely prevented the calamity afflicting many U.S. housing markets by tightening their oversight in the 1990’s because of the bad acts of a few mortgage firms, the Wall Street Journal reported.

The Federal Deposit Insurance Corporation issued an Order of Prohibition from Further Participation (FDIC-08-17e) on May 15 against Philip William Coon who was affiliated with Coast Bank of Florida.

The following cease-and-orders were recently issued by the Office of the Comptroller of the Currency. Financial institution failures are often preceded by cease-and-desist orders.


Cease-and-Desist Orders

Company Regulator Location Order No. Date
First National Bank OCC Goodland, Kan. 2009-102 June 23
Millennium BCP Bank, National Association OCC Newark, N.J. 2009-103 July 9
Formal agreements were reached with banks in the table below. Such agreements often require the preservation of capital, changes in lending practices and the appointment of new executives.

Formal Agreements

Company Regulator Location Order No. Date
Arizona Bancshares Inc. Federal Reserve Bank of San Francisco Flagstaff, Ariz. 09-096-WA/RB-HC Aug. 7
Camco Financial Corp. Federal Reserve Bank of Cleveland Cambridge, Ohio 09-093-WA/RB-HC Aug. 5
Castle Bank, National Association OCC Dekalb, Ill. 2009-107  June 25
CBS Financial Corp. Federal Reserve Bank of Atlanta, Banking Commissioner of the State of Georgia Smyrna, Ga. 09-108-WA/RB-HC Aug. 10
CIT Group Inc. Federal Reserve Bank of New York New York 09-114-WA/RB-HC Aug. 12
City National Bank of New Jersey OCC Newark, N.J. 2009-110  June 29
Coastal Community Investments Inc., Federal Reserve Bank of Atlanta Panama City Beach, Fla. 09-107-WA/RB-HC Aug. 10
FCB Financial Inc. Federal Reserve Bank of Atlanta Tampa, Fla. 09-088-WA/RB-HC July 28
First National Bank OCC Chisholm, Minn. 2009-109 July 23
First National Bank OCC Fort Collins, Colo. 2009-105  June 25
First National Bank of Central Florida OCC Winter Park, Fla. 2009-106 July 7
First National Bank of Kansas OCC Overland Park, Kan. 2009-108 July 10
First National Banking Co OCC Ash Flat, Ark. 2009-104 June 26
Imperial Capital Bancorp Inc. Federal Reserve Bank of San Francisco, State of California Department of Financial Institutions La Jolla, Calif. 09-097-WA/RB-HC July 28
Leawood Bancshares Inc. Federal Reserve Bank of Kansas City Leawood, Kan. 09-104-WA/RB-HC Aug. 12
Rogers Bancshares Inc. Federal Reserve Bank of St. Louis Little Rock, Ark. 09-101-WA/RB-HC Aug. 6
Sterling Banks Inc., Sterling Bank Federal Reserve Bank of Philadelphia, New Jersey Department of Banking and Insurance Mount Laurel, N.J. 09-095-WA/RB-HC
09-095-WA/RB-SM
July 28
Stone County National Bank OCC Crane, Mo. 2009-111 June 25
Virginia Business Bank Federal Reserve Bank of Richmond, Virginia Bureau of Financial Institutions Richmond, Va. 09-117-WA/RB-SM Aug. 20
WGNB Corp. Federal Reserve Bank of Atlanta Carrollton, Ga. 09-094-WA/RB-HC Aug. 10
The OCC announced Friday that it terminated formal agreements with First National Bank in Goodland, Kan.; The First National Bank of St. Ignace in St. Ignace, Mich.; and First National Bank, Chisholm, Minn.
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