TAILIEUCHUNG - Challenges and FDIC Efforts Related to Predatory Lending

The Government’s request to the FRC to develop guidance on audit committees has of course its root in the dramatic corporate failures in the United States in early 2002. These occurred despite the perception of close US regulation of accounting and auditing and despite the existence of corporate governance institutions including audit committees. The consequence has been falling confidence and rising confusion in capital markets not just in the US but around the world. The question was rightly asked: Could it happen here? And the answer has generally been, again rightly in our view: Yes; perhaps less likely than in the US, but it can be by no. | Office of Inspector General June 2006 Report No. 06-011 Challenges and FDIC Efforts Related to Predatory Lending AUDIT REPORT Office of Audits Office of Audits Report No. 06-011 June 2006 Challenges and FDIC Efforts Related to Predatory Lending Results of Audit Background and Purpose of Audit Predatory lending typically involves imposing unfair and abusive loan terms on borrowers and statistics show that borrowers lose more than 25 billion annually due to predatory practices. Predatory lending can be detrimental to consumers and increases the financial and reputation risk for financial institutions. Characteristics potentially associated with predatory lending include but are not limited to 1 abusive collection practices 2 balloon payments with unrealistic repayment terms 3 equity stripping associated with repeat refinancing and excessive fees and 4 excessive interest rates that may involve steering a borrower to a higher-cost loan. The FDIC is responsible for evaluating FDIC-supervised financial institutions compliance with federal consumer protection laws and regulations including several that address predatory lending. To evaluate compliance the FDIC conducts examinations of institutional practices regarding fair lending privacy and other consumer protection laws. The objective of this audit was to determine the challenges faced and the efforts taken by the FDIC to identify assess and address the risks posed to FDIC-supervised financial institutions and consumers from predatory lending practices. We also gained an understanding of the efforts taken by the other federal banking regulators to address predatory lending. The FDIC faces significant challenges associated with identifying assessing and addressing the risks posed to FDIC-supervised institutions and consumers by predatory lending. Specifically 1 each loan transaction must be viewed in its totality to determine whether it may be predatory 2 FDIC-supervised institutions can have direct or indirect .

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