This frequently asked question falls into a regulatory area where some financial institutions caught a break in 2018.
That “break” came with a few caveats that are frequently misunderstood or, when taken advantage of, not documented as well as they should be.
The exceptions are rather straightforward in Regulation P, § 1016.5(e)(1), so let’s review them below:
The second one (ii) is easy to follow and document compliance. Document your most recent privacy notice sent to customers; document your current privacy notice; and show that no changes have been made. Do this every year.
But the first one (i) is not as easy to document. Many compliance officers at institutions will say, “We meet the requirements of (i) in that we don’t share NPI with nonaffiliated third parties, or only share NPI under one of the three allowable ways.” That statement needs to be supported, but how do you document that you’re not doing something?
To take advantage of 1016.5(e)(1), you’ll need to document that you “don’t share.” Below is one way to do this:
If you can support and document that both of the requirements of § 1016.5(e)(1) are met, then your institution does not have to send an annual privacy notice.
Regulation B, § 1002.14(a) regarding providing appraisals and other valuations to a borrower requires the following:
There are a lot of nuances in the paragraph above. The easy part deals with the first lien on a dwelling (which is a 1–4 unit residential property). The timing requirements are fairly straightforward as well. However, the part about “other written valuations” requires some interpretation, and the trickiest part is what isn’t mentioned in the paragraph at all: that these requirements pertain to closed-end and open-end loans for both consumer and commercial lending transactions. Yes, if a commercial loan is secured by a first-lien dwelling, then this appraisal rule pertains. There are many times when a borrower will secure a business loan with a dwelling.
Let’s review how to define “other valuation.” Per Regulation B, the term “valuation” means any estimate of the value of a dwelling developed in connection with a credit application. In addition to a formal appraisal report, this includes:
Many institutions will provide the appraisal or other valuation within three business days on all loans, resulting in only one workflow to worry about. However, if your concern is whether you have to provide the appraisal, follow the requirements above, focusing on the loan (closed-end, open-end, consumer, or commercial) being secured by a first-lien dwelling.