(a) Each FDIC-supervised institution shall adopt and maintain written policies that establish appropriate limits and standards for extensions of credit that are secured by liens on or interests in real estate, or that are made for the purpose of financing permanent improvements to real estate.
(b)(1) Real estate lending policies adopted pursuant to this section must:
(i) Be consistent with safe and sound banking practices;
(ii) Be appropriate to the size of the institution and the nature and scope of its operations; and
(iii) Be reviewed and approved by the FDIC-supervised institution's board of directors at least annually.
(2) The lending policies must establish:
(i) Loan portfolio diversification standards;
(ii) Prudent underwriting standards, including loan-to-value limits, that are clear and measurable;
(iii) Loan administration procedures for the FDIC-supervised institution's real estate portfolio; and
(iv) Documentation, approval, and reporting requirements to monitor compliance with the FDIC-supervised institution's real estate lending policies.
(c) Each FDIC-supervised institution must monitor conditions in the real estate market in its lending area to ensure that its real estate lending policies continue to be appropriate for current market conditions.
(d) The real estate lending policies adopted pursuant to this section should reflect consideration of the Interagency Guidelines for Real Estate Lending Policies established by the Federal bank and thrift supervisory agencies.
[57 FR 62896, 62900, Dec. 31, 1992, as amended at 84 FR 31173, July 1, 2019]
Notes of Decisions
Myers v. First Citizens Bank & Trust Co., 750 S.E.2d 378 (Ga. Ct. App. 2013).
· cites it 3× “4 Here, the Myerses allege that the Bank’s undisputed failure to create and maintain written policies regarding its monitoring of current market conditions in violation of federal regulations — 12 CFR § 365.2 5 — constituted negligence.”
Intervest Mortg. Inv. Co. v. Skidmore, 655 F. Supp. 2d 1100 (E.D. Cal. 2009).
“Skidmores brought a counterclaim under the California’s Unfair Competition Law predicated upon this alleged violation, and argue that success on this counterclaim would entitle them to an injunction against enforcement of the contract. In a separate order, this court concludes…”
Intervest Mortg. Inv. Co. v. Skidmore, 632 F. Supp. 2d 1005 (E.D. Cal. 2009).
· cites it 2× “This counterclaim is brought under California’s Unfair Competition Law, and alleges that Intervest acted unlawfully by violating a “safety and soundness” regulation promulgated by the Federal Deposit Insurance Corporation *1006 (“FDIC”) and codified at 12 C.F.R. § 365.2 .…”
Gary Myers v. First Citizens Bank & Trust Co., Inc. (Ga. Ct. App. 2013).
· cites it 2× “2 provides: “(a) Each insured state nonmember bank shall adopt and maintain written policies that establish appropriate limits and standards for extensions of credit that are secured by liens on or interests in real estate, or that are made for the purpose of financing permanent…”
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