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[¶11,768] In the Matter of First Mountain Bank, Big Bear Lake, California, Docket
No. 01-025b (3-1-01).
A cease and desist order was issued, based on findings by the FDIC that
it had reason to believe that respondent had engaged in unsafe and
unsound practices. (This order was terminated by order of the FDIC dated 8-8-02; see ¶16,317.)
[.1] Compliance OfficerRetain/Give Written Authority
[.2] Compliance ProgramMinimum Requirements
[.3] Compliance ProgramAudit Plan
[.4] Bank OperationsMonitoring System and Review Procedures Required
[.5] Bank OperationsTraining Program Required
[.6] LoansReal EstateCompliance Required
[.7] Loan PolicyPreparation or Revision of Policy Required
[.8] Loan ApplicationsReview Denied/Withdrawn Applications
[.9] Bank OperationsEducation Plan, Compliance with Law and Regs
[.10] Violations of LawCorrection of Violations Required
In the Matter of
FIRST MOUNTAIN BANK
BIG BEAR LAKE, CALIFORNIA
Insured State Nonmember Bank
ORDER TO CEASE AND DESIST
FDIC-01-025b
First Mountain Bank, Big Bear Lake, California ("Bank"),
having been advised of its right to a Notice of Charges and of Hearing
detailing the unsafe or unsound banking practices and violation of laws
and/or regulations alleged to have been committed by the Bank and of
its right to a hearing on the alleged charges under Section 8(b)(1) of
the Federal Deposit Insurance Act ("Act"), 12 U.S.C.
§1818(b)(1), and having waived those rights, entered into a
STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER TO CEASE AND DESIST
("CONSENT AGREEMENT") with counsel for the Federal Deposit
Insurance Corporation ("FDIC"), dated February 28, 2001, whereby
solely for the purpose of this proceeding and without admitting or
denying the alleged charges of unsafe or unsound banking practices and
violation of laws and/or regulations, the Bank consented to the
issuance of an ORDER TO CEASE AND DESIST ("ORDER") by the FDIC.
The FDIC considered the matter and determined that it had reason to
believe that the Bank had engaged in unsafe or unsound banking
practices and had committed violations of laws and/or regulations. The
FDIC, therefore, accepted the CONSENT AGREEMENT and issued the
following:
ORDER TO CEASE AND DESIST
IT IS HEREBY ORDERED, that the Bank, its institution-affiliated
parties, as that term is defined in Section 3(u) of the Act, 12 U.S.C.
§1813(u), and its successors and assigns cease and desist from the
following unsafe and unsound banking practices and violation of laws
and/or regulations:
(a) Part 328 of the Rules and Regulations of the Federal Deposit
Insurance Corporation, 12 C.F.R. Part 328, as more fully
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described on
page 17 of the FDIC's Compliance Report of Examination as of August
28, 2000;
(b) Part 338 of the Rules and Regulations of the Federal Deposit
Insurance Corporation, 12 C.F.R. Part 338, as more fully described on
page 17 of the FDIC's Compliance Report of Examination as of August
28, 2000;
(c) Part 339 of the Rules and Regulations of the Federal Deposit
Insurance Corporation, 12 C.F.R. Part 339, as more fully described on
page 10 of the FDIC's Compliance Report of Examination as of August
28, 2000;
(d) Regulation B of the Board of Governors of the Federal Reserve
System, 12 C.F.R. Part 202, as more fully described on page 11 and 12
of the FDIC's Compliance Report of Examination as of August 28, 2000;
(e) Regulation CC of the Board of Governors of the Federal Reserve
System, 12 C.F.R. Part 229, as more fully described on page 18 of the
FDIC's Compliance Report of Examination as of August 28, 2000;
(f) Regulation DD of the Board of Governors of the Federal Reserve
System, 12 C.F.R. Part 230, as more fully described on page 13 through
15 of the FDIC's Compliance Report of Examination as of August 28,
2000;
(g) Regulation E of the Board of Governors of the Federal Reserve
System, 12 C.F.R. Part 205, as more fully described on page 15 and 18
of the FDIC's Compliance Report of Examination as of August 28, 2000;
(h) Regulation C of the Board of Governors of the Federal Reserve
System, 12 C.F.R. Part 203, as more fully described on pages 16 and 17
of the FDIC's Compliance Report of Examination as of August 28, 2000;
and
(i) Regulation Z of the Board of Governors of the Federal Reserve
System, 12 C.F.R. Part 226, as more fully described on page 17 of the
FDIC's Compliance Report of Examination as of August 28, 2000.
IT IS FURTHER ORDERED, that the Bank, its institution-affiliated
parties, and its successors and assigns, take affirmative action as
follows:
[.1]1. Within 30 days from the effective date of this ORDER the Bank shall
designate a qualified compliance officer and shall advise the Regional
Director of its designation. This individual will be provided with the
necessary training, authority, resources, and responsibility to
effectively administer the Bank's compliance program and to train and
supervise personnel in compliance matters. The compliance officer shall
report to the board of directors on a monthly basis and such report
shall be documented in the minutes of the board of directors' meeting.
[.2]2. Within 60 days from the effective date of this ORDER, the Bank shall
develop and implement written compliance procedures and policies to
ensure compliance with all consumer regulations.
[.3]3. Within 60 days from the effective date of this ORDER, the Bank shall
develop and implement a compliance audit and review program that
provides for, at a minimum, an annual audit or review to ensure that
the Bank's policies, procedures and practices are in compliance with
all consumer regulations. Written reports documenting the results and
providing recommendations for improvement shall be presented to the
board of directors.
[.4]4. Within 60 days from the effective date of this ORDER, the Bank shall
develop and implement an effective monitoring system to include
periodic reviews of disclosures and standardized forms, and
calculations for various loan and deposit products. The system shall
also provide for periodic reviews of document filing and retention
procedures, marketing literature and other Bank advertising, as well as
a review of the Bank's web site.
[.5]5. Within 60 days from the effective date of this ORDER, the Bank shall
provide for on-going training in consumer compliance laws and
regulations for all appropriate personnel, including both operation and
lending staff. The Bank shall document the training activities for its
recordkeeping purposes. The training should be updated to ensure that
appropriate personnel are provided with the most current and up-to-date
information. The Bank's actions as required by this paragraph shall be
satisfactory to the Regional Director as determined at subsequent
examinations and/or visitations.
[.6]6. Within 60 days from the effective date of this ORDER, the Bank shall
conduct a file search of all outstanding real estate secured loans
subject to Part 339 of the FDIC's Rules and Regulations, 12 C.F.R.
Part 339, to ensure they are in compliance
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with the requirements of
Part 339. The results of the file search shall be documented and
presented to the board of directors.
[.7]7. Within 30 days from the effective date of this ORDER, the Bank shall
revise its loan policy to reflect the Bank's current underwriting
guidelines and practices and comply with Regulation B of the Board of
Governors of the Federal Reserve System, 12 C.F.R. Part 202. The
revisions to the loan policy shall address the concerns noted on page 6
of the FDIC's Compliance Report of Examination as of August 28, 2000.
[.8]8. Within 30 days from the effective date of this ORDER, the Bank shall
implement and enforce a secondary review process of all denied and
withdrawn loan applications to ensure compliance with Regulation B
of the Board of Governors of the Federal Reserve System, 12 C.F.R. Part
202. In addition, on a quarterly basis, the Bank shall sample consumer
and small business loan originations to ensure that they have been made
in accordance with the Bank's underwriting guidelines and that any
exceptions to policy are sufficiently documented.
[.9]9. The Bank shall develop and implement a system to test employees on
their knowledge of compliance-related laws and regulations to monitor
training effectiveness.
[.10]10. Within 60 days from the effective date of this ORDER, the Bank
shall correct all violations of law as described on pages 10 through 18
of the FDIC's Compliance Report of Examination as of August 28, 2000,
to the extent correction is within the Bank's capabilities, and
implement procedures to prevent their recurrence. The Bank's actions
as required by this paragraph shall be satisfactory to the Regional
Director as determined at subsequent examination and/or visitations.
11. Within 30 days of the end of the calendar quarter following the
effective date of this ORDER, and within 30 days of the end of each
calendar quarter thereafter, the Bank shall furnish written progress
reports to the Regional Director detailing the form and manner of any
actions taken to secure compliance with this ORDER and the results
thereof. Such reports may be discontinued when the corrections required
by this ORDER have been accomplished and the Regional Director has
released the Bank in writing from making further reports.
This ORDER shall become effective ten (10) days from the date of its
issuance.
The provisions of this ORDER shall remain effective and enforceable
except to the extent that, and until such time as, any provisions of
this ORDER shall have been modified, terminated, suspended, or set
aside by the FDIC.
Pursuant to delegated authority.
Dated at San Francisco, California, this 1st day of March, 2001.