Aug 20, 2011

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COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE

EDITOR’S NOTE: It is time to start filing complaints with every agency regulating banks, notaries, servicers and lawyers. Consumer complaints to the Attorney general’s office would also be advisable. If you have good grounds (speak to a lawyer in the jurisdiction in which your property is located, then get the complaint form and file it. There is a growing concern in these agencies that their do-nothing policy is backfiring on them and endangering their jobs.

FROM NANCY DREW

OCC ENFORCEMENT ACTIONS 1/1/2000 – 8/2011

Bank of America, National Association Charlotte, NC C&D 4/13/2011
OCC: 2011-048 DOCKET NUMBER AA-EC-11-12

2 Bank of America, National Association Charlotte, NC FA 2/9/2005
2005-10 2/27/2007 OCC: 2007-012 DOCKET NUMBER AA-EC-04-35

3 Bank of America, National Association Charlotte, NC FA 12/7/2010
OCC: 2010-239 NO DOCKET#

4 First National Bank Of America East Lansing, MI FA 8/13/2001
2001-57 8/28/2003 OCC: 2003-133 NO DOCKET#

OCC ‘ENFORCEMENT ACTIONS SEARCH TOOL FOR WELL FARGO:

1 Wells Fargo Bank, National Association Sioux Falls, SD BCMP
$115,000 6/27/2005 OCC: 2005-77
DOCKET NUMBER: AA-EC-05-43

2 Wells Fargo Bank, National Association Sioux Falls, SD BCMP
$51,205 5/8/2009 OCC: 2009-063
DOCKET NUMBER: AA-EC-09-18

3 Wells Fargo Bank, National Association Sioux Falls, SD C&D 4/13/2011 OCC: 2011-051 DOCKET NUMBER: AA-EC-11-19

OCC ENFORCEMENT 8/19/2011

Civil Money Penalty Orders; Formal Agreements, Restitution Orders

2011-105
JPMorgan Chase Bank, National Association, Columbus OH 7/6/2011

2011-108 JP Morgan Chase Bank, National Association, Columbus OH 7/6/2011

Searched OCC Enforcement Actions Against JPM 1/1/2000 – 8/2000

OCC PROMISES “These lists are NOT guaranteed to be comprehensive ”

1 JPMorgan Chase Bank, National Association Columbus, OH BCMP
$2,000,000 6/14/2011 OCC: 2011-094 Docket Number: AA-EC-11-57

2 JPMorgan Chase Bank, National Association Columbus, OH BCMP
$22,000,000 7/6/2011 OCC: 2011-105 No DocketNumber

3 JPMorgan Chase Bank, National Association Columbus, OH C&D
Cease & Desist 4/13/2011 OCC: 2011-050 DOCKET# AA-EC-11-15

4 JPMorgan Chase Bank, National Association Columbus, OH FA 7/6/2011 OCC:2011-108 No Docket #

Enforcement Action Types:

C&D Cease & Desist Order
Banking organizations subject to cease and desist orders are required to take actions or follow proscriptions in the orders. 12 U.S.C. § 1818(b).

BCMP Civil Money Penalty Order
Banking organizations subject to civil money penalties must pay fines. 12 U.S.C. § 1818(i)(2)

FA Formal Agreements
Banking organizations that are subject to formal agreements agree to take actions or follow proscriptions in the written agreement. 12 U.S.C. § 1818(b).

QUESTION: WHY WERE NO ‘FORMAL AGREEMENTS’ Executed?
Banking organizations that are subject to formal agreements agree to take actions or follow proscriptions in the written agreement. 12 U.S.C. § 1818(b).

QUESTION: WHY WERE NO ‘NOTICES FILE?’
Notices Filed (NFB): Banking organizations against whom an “OCC Complaint” (in the form of a Notice of Charges and/or Notice of Civil Money Penalty Assessment) is filed have an opportunity to litigate the matter before an Administrative Law Judge. 12 USC § 1818(b) (Notice of Charges) and 12 USC 1818(i) (Notice of Civil Money Penalty Assessment)

QUESTIONS: WHY WERE NO PROMPT CORRECTION ACTION DIRECTIVES ISSUED: PCAD:
Banking organizations that are subject to prompt corrective action directives are required to take actions or to follow proscriptions that are required or imposed by the OCC, under section 38 of the FDI Act. 12 U.S.C. §1831o.

QUESTION: WHY WERE NO SAFETY & SOUNDNESS ORDERS (SASO) ISSUED:?
(SASO): Banking organizations that are subject to safety and soundness orders are required to take actions or to follow proscriptions that are imposed by the OCC under section 39 of the FDI Act. 12 U.S.C. §1831p-1.

QUESTION: WHY WERE NO SECURITIES ENFORCMENT ACTIONS ISSUED? SEB:
Banking organizations that are engaged in securities activities, such as municipal securities dealers, government securities dealers, or transfer agents, can be subject to various OCC sanctions, including censures, suspensions, bars and/or restitution, pursuant to the federal securities laws

QUESTION: WHY WERE NO INSTITUTIONAL AFFILIATED PARTEIS (IAP’S) (INCLUDES INDIVIDUALS AND ENTITEIS AS DEFINED IN 12 U.S.C. § 1813(u))
•1829 Notifications (1829): IAPs who have been convicted of, or entered into a pretrial diversion or similar program for certain criminal offenses are notified by letter that they are prohibited from participating in the affairs of any insured depository institution without prior regulatory or judicial approval by operation of law. 12 U.S.C. § 1829.

•Cease & Desist Orders against Individuals (PC&D): IAPs who are subject to cease and desist orders are required to take actions or follow proscriptions in the orders. 12 U.S.C. § 1818(b).

•Civil Money Penalty Orders against Individuals (CMP): IAPs who are subject to civil money penalties must pay fines. 12 U.S.C. § 1818(i)(2).

•Formal Agreements (FA): IAPs that are subject to formal agreements agree to take actions or follow proscriptions in the written agreement. 12 U.S.C. § 1818(b).

•Notices Filed (NFI): IAPs against whom an “OCC Complaint” (in the form of a Notice of Charges, Notice of Intent to Prohibit/Remove, and/or Notice of Civil Money Penalty Assessment) is filed have an opportunity to litigate the matter before an Administrative Law Judge. 12 USC 1818(b) (Notice of Charges); 12 USC 1818(e) (Notice of intent to Prohibit/Remove); and 12 USC § 1818(i) (Notice of Civil Money Penalty Assessment).

•Removal/Prohibition Orders (REM): IAPs who are subject to prohibition orders are prohibited from participating in the affairs of any insured depository institution without prior regulatory approval. 12 U.S.C. §§ 1818(e) or 1818(g).

•Restitution Orders (REST): IAPs who are subject to restitution orders are required to reimburse banking organizations or the Federal Deposit Insurance Corporation for losses caused or for unjust enrichment. 12 U.S.C. §1818(b).

•Securities Enforcement Actions against Individuals (SEI): IAPs who are affiliated with banking organizations engaged in securities activities, such as municipal securities dealers, government securities dealers or transfer agents, can be subject to various OCC sanctions, including censures, suspensions, bars and/or restitution, pursuant to the federal securities laws.