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Today is: June 25, 2019  
 

 

Upcoming BCG Webinars

BCG Webinars are an optional resource offered once a month over the Web. Topics include Levies and Executions, New Accounts Documentation, Flood Insurance and Doing Business with Family Trusts. Additional Webinars will be posted below as their respective dates approach. To view past Webinar schedules and descriptions, click here or contact us if you have additional questions.  To order past Webinar CD's, click here.

Upcoming BCG Webinars        

 

 

Check Fraud and Regulation CC Final Rule: One Year Later

Thursday, June 20, 2019

10:00 a.m. - 12:00 p.m.

Aldrich & Bonnefin, PLC is pleased to invite you and your operations personnel to attend our Webinar on last year’s Regulation CC final rule as it relates to electronic check collection and check fraud liability issues. Despite advances in technology which enable new alternative payment systems, checks are still not going away anytime soon and the check collection laws have finally started to adapt to keep pace with electronic check collection. Of course, this also means the responsibility for forged and altered checks has also been evolving to shift responsibility where appropriate.

This detailed discussion will include Regulation CC’s new warranties and indemnities for checks collected electronically as well as whether the paying bank or the depositary bank is ultimately liable when fraud occurs. We will also discuss an additional amendment to Regulation CC that went into effect January 1, 2019, which addresses disputes over whether an electronic check is either forged or altered.

Finally, no check liability discussion would be complete without also addressing the applicability of Regulation CC, the UCC and the ECCHO rules, which will depend on whether the fraudulent checks were electronically collected through the federal reserve system.

 

 

 
 
 
 
 
 
 

 

 

Fair Lending Update

Wednesday, June 26, 2019

10:00 - 11:30 a.m.

Fair lending is a broad legal and compliance concept that protects and promotes equal access to credit in the United States. At its root, fair lending means that similarly situated applicants and borrowers should receive similar treatment. Identical results are not required but equality of process is.

Financial institutions and other lenders are experiencing increased pressure from regulators, not least of which is the Consumer Financial Protection Bureau, to enhance their fair lending processes. Fair lending does not happen by accident; rather, it is a mandated, ongoing process. Every regulated lender must have a written fair lending program in place, addressing every aspect of the lending process, from marketing and underwriting to pricing and servicing. Fair lending is not limited to residential lending – it extends to commercial and consumer lending of all types. We recently have seen close scrutiny of minimum loan amounts, discretionary credit pricing and redlining.

This 90-minute Webinar will provide an update on fair lending laws and processes for lenders of all types. A detailed written outline will be provided (not just sketchy PowerPoint slides). Plenty of time will be allowed for questions and answers. Some familiarity with lending processes will be assumed.

  

 

 
 
 
 
 
 
 

 

 

Death of Borrowers

Thursday, July 18, 2019

10:00 a.m. - 12:00 p.m.

On July 18, 2019 Aldrich and Bonnefin will present a two-hour webinar on “Death of Borrowers.”

Death comes to all but dying with debt is more common than it used to be. While prior generations took pride in dying debt free, living with debt (and dying with it) is more common for the “boomer” generation. In any event, lenders – both secured and unsecured – contact the law firm with increasing frequency to ask questions about borrowers who have died.

This webinar will address a number of practical questions faced by lenders when their borrower (or the principal owner of a business borrower) has died. We will address the immediate and longer-term steps a lender may (or must) take to protect its legal right to repayment while remaining considerate of the human loss the survivors have experienced.

For example, how does a lender file a claim in a decedent’s probate estate? Is a secured lender even required to file a claim in probate? Is the borrowers death an “event of default” under the loan? Can we set off against the decedent’s deposit account? What are the obligations as to “successors in interest” in the property on a residential mortgage loan?

As always, the webinar will include a detailed and useful discussion outline and plenty of time for hypotheticals, and questions and answers. 

  

 

 
 
 
 
 
 
 

 

 

Vendor Management

Wednesday, July 24, 2019

10:00 a.m. - 12:00 p.m.

Financial institutions are increasingly outsourcing activities and processes to third parties. It is no surprise that federal banking regulators have emphasized the need for institutions to manage the risks associated with vendor relationships. In some cases, the failure to adequately manage these relationships have resulted in significant regulatory penalties, legal risks and reputational damage.

Join us as we discuss the federal regulators’ expectations regarding your institution’s vendor management program, including the need for your board’s involvement, critical risk assessments, vendor selection, negotiating vendor agreements, and your ongoing monitoring obligations.

As part of the Webinar we will include a discussion of due diligence and contract negotiation checklists incorporating the various considerations that should be a part of your vendor management program.

  

 

 
 
 
 
 
 
 
 

  

 

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