Trust Department Management Manual

Author: Michael J.Craw (Author)
Designed for both attorneys and non-attorneys, this essential manual provides mortgage professionals with the insight and guidance they need to comply with RESPA on a daily basis, and attorneys with the tools and reference materials they need to provide their clients with well-considered advice, including up-to-date explanations of Dodd-Frank and the CFPB regulations.
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"RESPA--like the Truth-in-Lending Act--profoundly affects how the mortgage industry conducts its business. RESPA's application to the evolving mortgage industry has raised more than its fair share of controversial issues." -- James H. Pannabecker

A Compliance Manual and Legal Treatise in One for Your Best RESPA Resource!Real estate lenders need to know how to comply with all the requirements under the Real Estate Settlement Procedures Act (RESPA) and Regulation X, including regulatory and enforcement changes made by the Consumer Financial Protection Bureau (CFPB). Failure to comply with RESPA can lead to costly penalties, potential lawsuits, and a diminished reputation.

The RESPA Manual is designed for both attorneys and non-attorneys, providing mortgage professionals with the insight and guidance they need to comply with RESPA on a daily basis, and attorneys with the tools and reference materials they need to provide their clients with well-considered advice--all written in an easy-to-understand way that is accessible to both.

The RESPA Manual gives you complete up-to-date coverage of all RESPA compliance issues, including:

•  CFPB republication of Regulation X and subsequent extensive revisions to Regulation X, including the Servicing Rule and High-Cost Mortgage Rule
•  CFPB enforcement actions
•  Loan originator compensation
•  Good faith estimates
•  Escrow account rules
•  Gifts to settlement service providers
•  Initial and closing disclosures
•  Mortgage servicing requirements
•  Affiliated business arrangement disclosures
•  Sham controlled business arrangements
•  Volume-based compensation
•  Secondary market compensation
•  Enforcement provisions
•  Employer-employee compensation
•  Computer loan origination systems
•  Rental of office space
•  Lock outs
•  Retaliation
•  Title companies

The manual also covers enforcement actions and court decisions focused on captive title reinsurance, yield spread premiums, kickbacks and referral fees, affiliated partnerships, "required use," markups, overcharges, unearned fees, builder closing cost credits, and escrow cushions. A full chapter of compliance checklists helps you understand the actions necessary for your client or your financial institution to stay in compliance.

eBook and print subscribers will receive access to a downloadable file containing editable forms.

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Chapter 1 Setting Trust Department Objectives and Organization
Determining Objectives
Strategic and Tactical Initiatives
Organizational Issues and Structure
Profitability
Restructuring
Managing Trust Matters
Vendor Management and Third-Party Risk Profile

Chapter 2 Identifying Potential Trust Services Markets
Regional Market Potential
International Market Potential
Customer Base
The Competition
Dynamics of the Local Economy
External Environment: Implications for the Trust Department
Tips and Insights
A Case Study: Potential for Trust Markets in Arizona

Chapter 3 Administering Personal Trusts
The Essence of Trust Administration
Preparation for Administration
Administrative Policies Decision Making and Recordkeeping in the Trust Department
The Leadership and Coordination Role of the Trust Administrator
Distinctions Between Estate and Personal Trust Administration
Estate Administration
Trust Administration
Custody Administration
Businesses in Trust
Recognizing Liability Factors
Trust Administration Profitability Cost Accounting
Administrative Considerations
Decedent Estates
Guardianships
Agency Accounts

Chapter 3A: Personal Fiduciary Services
Fiduciary Accounts
Powers and Duties of a Trustee
Risk
Supervisions of Fiduciary Services
Laws and Regulations
Uniform Trust Laws
Appendix 3A.A: Fiduciary Activities of National Banks 12 CFR Part 9
Appendix 3A.B: Personal Fiduciary Services — Types of Personal Trusts
Appendix 3A.C: Comptroller’s Handbook Booklets

Chapter 4: Administering Employee Benefit Accounts
Defining the Target Market
Accepting and Establishing an Employee Benefit Account
Administrative Policy
Role of Account Administrator
Developing a Relationship with the Employee Benefit Client
Distinguishing Between Various Employee Benefit Plans
Administering Defined Benefit Plans
Administering Defined Contribution Plans
Administering IRAs, Prototype Plans, Welfare Benefit Plans, Nonqualified Plans, and Master Trusts
Inheritance Tax Waivers
Recognizing Fiduciary Responsibilities
Employee Benefit Administration Profitability
Administrative Safeguards
Small Business Jobs Protection Act of 1996
Specific Employee Benefit Account Administration Safeguards
Written Procedures
ERISA — Investment Issues
Appendix 4A: Sample Participant Loan Policies and Procedures
Appendix 4B: U.S. Department of Labor Field Assistance Bulletin 2002-3

Chapter 4A: Securities Lending
Anatomy of a Loan
The Lender
The Borrower
The Intermediary
Going It Alone
Risk Management
Laws and Regulations
Appendix 4A.A: Securities Lending Risk Control Checklist
Appendix 4A.B: Regulation T — Part 220 Section 220.10
Appendix 4A.C: Securities Exchange Act of 1934 Rule 15c3-3 Customer Protection —
Reserves and Custody of Securities
Appendix 4A.D: ERISA PTE 81-6 Involving Lending of Securities by Employee Benefit Plans

Chapter 4B: Custody Services
The Custody Services Industry
Board and Management Supervision
Global Sub-Custodian Network
Safekeeping and Settlement
Securities Servicing
Securities Lending
Other Value-Added Custody Services
Banks as Users of Custody Services
Document Custody Services
Risk Management
Laws and Regulations
Appendixes
Appendix 4B.A: Summary of Key Internal Controls
Appendix 4B.B: Custody Services Laws and Regulations
Appendix 4B.C: Rules and Regulations Investment Company Act of 1940 17 CFR 270.17f
Appendix 4B.D: Glossary

Chapter 5: Marketing Trust Products and Services
Products
Staffing
Marketing Trust Services
Bank Staff
Presentations to the Community
Will and Trust Files
Marketing Employee Benefit Services
Competition
Supervision and Management of Trust Activities

Chapter 6: Investment Management Services
Portfolio Management and Advisory Services
Regulation and Supervision
Investment Functions
The Portfolio Management Process
Selecting Outside Investment Managers
Investment Accounts
Other Assets
Measuring Investment Performance
Trading
Applicable Laws for Trust Investments
References
Appendix 6A: Investment Management Policy Guidelines
Appendix 6B: Use of Derivative Securities

Chapter 6A: Customer Financial Planning Assistance Through the Trust Department
The Trust Department’s Traditional Role in Financial Planning
The Financial Planning Industry
The Trust Department Expands Its Role in the Financial Planning Process
Launching the Bank’s Financial Planning Program

Chapter 6B: Bank Funds Management — Special Report
Which CMOs Can You Buy?
Why Some Investors May Find CMOs Distressing
Cautions in Using Mortgage-Backed Securities
Managing Your CMO Risk Hedging When It’s Already Too Late

Chapter 7: Trust Banking Consolidation System and Information Issues
Consolidation and Concentration
New Pace of Information in Trust Business
Revenue, Expense, and Risk Information
Focus on the Client
Multisystem Approach
Define Currently Used Systems
Modify, Replace, or Improve Decisions
Incremental Changes Add Value
Investment Products and Services
No Universal System
Trust Department Disaster Recovery Plan

Chapter 8: Examining Legal and Regulatory Issues
Legal Management
Regulatory Framework
Regulatory Issuances
Self-Deposit of Fiduciary Funds — OCC Bulletin 2010-37
Other Legal Issues
Changing Investment Standards by States
Assessing Management Fees in Collective Investment Funds
Transfer Tax Overview
Customer Identification Program
Identity Theft Prevention Program
Recordkeeping and Record Retention Guidelines and Procedures
Appendix 8A: Regulatory Issuances
Appendix 8B: Discussion of the Comptroller’s Handbook
Appendix 8C: Retail Investment Sales: Guidelines for Banks (Available Only on CD)
Appendix 8D: Fiduciary Standards by State Updated Rule of Prudent Investing

Chapter 9: Managing Risk in a Community Bank Trust Department
Management
Internal Policies/Controls Addressing Operations — Essential to Risk Control
Pending Litigation — Future Risks Can Be Mitigated by Learning from Past Mistakes
Operations, Controls, and Audits
Staff, Facilities, and Operating Systems
Securities Lending Activities — Product Suitability
Audits
New Business Development
Compliance
Adequacy of Administrative Policies and Procedures
Employee Benefit Account Administration
Overall Policies, Practices, and Procedures
Trend Toward Asset Management — Potential for Increased Risk
Risk Control — Investment Selection Process
Collective Investment Funds — Management Risks
Mutual Funds — Management and Investment Risks
Risks Associated with Retention of Life Policies in Trust Accounts
Importance of Internal Controls
Additional Regulatory Concerns
Exhibit 9.1: Risk Management Program


Chapter 10: Trust Department Performance
The Trust Industry
Trust Department Trends for Profitability
Salary and Benefit Expense
Compensation and Insurance

Chapter 11: Internal Control
Critical Components
Control Environment
Risk Assessment
Control Activities
Accounting, Information, and Communication Systems
Self-Assessment

Appendix A Glossary

Internal Control Questionnaires
[Chapters 1 through 10]

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