Small banks say new mortgage regulations too onerous
By Adam Belz, USA TODAY
NORWALK, Iowa - Alesia Harlan plopped the thick folder on the
desk and started flipping through papers.
Disclosures, notices, statements, forms and tax documents - it
was about 300 pages, and it was just a home loan.
Last year, reviewing the bank's 455 home loan applications
created more than two months of work for Harlan, a compliance
officer at City State Bank in Norwalk, Iowa.
"I've yet to see the benefit to the customer," said Harlan.
"It's highly technical and confusing for the borrower."
Harlan says the Dodd-Frank Wall Street Reform and Consumer
Protection Act, which became law in July 2010, nearly doubled what
she must review and report to regulators, with little margin for
error. And that, she says, is only a portion of the avalanche of
new regulation that has executives at smaller banks concerned.
The bill is massive - 2,300 pages - and bankers expect it to
result in 5,000 pages of new rules as regulators turn its mandates
into specific instructions for financial institutions in coming
years.
Bankers worry the flood of new paperwork could choke community
banks, regulating some out of existence.
"Bank of America can fill a skyscraper with attorneys to comply
with all the rules and regulations, but a community bank can't do
that," said Jim Schipper, Iowa's banking superintendent. "I know
some bankers that are probably just going to quit making mortgage
loans. I mean, what's the point?"
Small banks in America have been disappearing for decades. In
1984, the nation's largest banks - those with more than $10 billion
in assets - controlled 28% of the industry, according to FDIC data.
Now, they control 79% of the market. Banks with less than a billion
in assets are holding 11% of the market, compared with 40% in
1984.
Bankers believe Dodd-Frank will hasten the consolidation.
"It's such a complicated piece of legislation, it will be to the
benefit of the largest institutions, not because they want it to
be, but because it forces consolidation, and that's a tragedy for
this country," said Thomas Hoenig, outgoing president of the Kansas
City Federal Reserve Bank, in a speech in Des Moines in June.
The law requires bankers to track customer overdrafts and
near-overdrafts, which businesses they lend to, and how they
compensate lenders to prove they aren't rewarding risky lending.
Many small banks don't have the technology to track this
information, and the necessary software and training are additional
expenses.
"It's very much a concern for the typical bank in Texas," said
John Heasley, vice president of the Texas Bankers Association in
Austin. "They're already spending extensive funds for compliance
costs, and Dodd-Frank is viewed as adding insult to injury."
Perhaps the greatest source of banker anxiety is the Consumer
Financial Protection Bureau, created by Dodd-Frank with power to
create new bank rules.
"It almost looks as if the 'too big to fail' banks got a free
ride," Heasley said. "The banks in Texas, who had nothing to do
with the origination of toxic mortgages, securitization of those
mortgages, or the sale of credit default swaps, are being made to
pay for the sins of others."
Not everyone thinks Dodd-Frank will be a catastrophe for
community banks. Neil Stanley, a former bank president who runs
Bank Performance Strategies, a consulting firm in Omaha, said
banking is changing just like other industries. "I don't want to
make it sound like I think it's no big deal," Stanley said.
"Banking has some formidable challenges, and we do have to raise
the bar and do things that are more onerous than they were before.
But who doesn't?"
Some supporters of Dodd-Frank argue that bankers are just
whining.
In a hearing in June, U.S. Rep. Barney Frank, D-Mass., said, "In
all the years I have heard people complain about the unlevel
playing field, I have never heard of an instance in which anybody
was at the top of the level playing field. We have a constantly
declining playing field in which everybody is at the bottom, and no
one has ever been at the top."