June 2005

   

RMA Community Bank Council Regulator Meetings

RMA’s Community Bank Council (CBC), which I Chair, travels to Washington each spring to meet with the Senior Supervisory Staffs of the four primary bank regulators: Federal Reserve (FED), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corp. (FDIC), and Office of Thrift Supervision (OTS). These informal meetings provide a forum to exchange views, issues and information pertaining to community banks. This year, we conducted an on-line survey of RMA’s community bank members to get their input and received approximately 450 responses. A full summary of these discussions will be communicated in the near future, but the following is a brief recap of topics discussed:

  1. Increasing Regulatory Burden: All the regulators are sensitive to this, but point to Capitol Hill as the source.
  2. BSA/AML “Zero Tolerance” for Errors: All said that this was more perception than reality based on the actual number of enforcement actions, but understand that field examiners may not always communicate clearly on this. Formal BSA/AML exam guidance is due out soon, which will hopefully improve understanding and expectations.
  3. Credit Quality: Our industry is in great shape today, but there are clearly regulator and banker concerns with the Real Estate market and Consumer debt loads. Due to intense competition, apparently underwriting standards in some areas are slipping. Guidance in Home Equity Lending has just been issued by the FFIEC to address concerns in this area.
  4. Proposed Change to Risk Ratings on Classified Credits: The CBC expressed that given the current system works, system changes that may be required to track “two divisional” ratings, and the individual burden of implementing this on top of so many other regulatory demands, that the regulators should defer this. The public comment period ends June 30, so please express your views on this or it will happen!
  5. Unsound Credit Union Competition: Beyond their obvious tax and pricing advantage, Credit Unions in some parts of the country are very aggressive on loan terms (e.g., no equity, 95% LTV financing of Commercial Real Estate!) The CBC expressed concern that community banks in these markets may follow these to compete and cause Safety and Soundness issues.

We discussed additional topics, but these were the major highlights. Please look for the formal summary, which will be sent to all RMA Community Bank Members soon and available on RMA’s website. All four regulators have a strong relationship with RMA and welcome the opportunity to meet with us to exchange thoughts! If you have any questions, please contact me.

Glenn L. Wilson, President & CEO

Citizens National Bank


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Spilled Milk: Experience Counts

Last Chance Finance (LCF) had grown over the past 15 years to a reasonably sized $2 billion institution through seasoned, experienced loan officers, and of course it’s visionary CEO. They had nurtured relationships with middle market companies and both grew in tandem. During this period both LCF and many of its customers were the beneficiary of generally strong economic conditions. Problems were minimal, non-performing loans occasional, and staff turnover almost non-existent.

Over the last 5 years changes began to occur – technological factors forced the speed and quantity of information into the decision making process, competition increased for customers, personnel and the incentive compensation programs took on a new life. Within this environment New Bank entered into LCF marketplace determined to grow at the expense of all, including LCF. New Bank went on a hiring binge offered high salaries, very competitive loan products and lots of fast money for borrowers. LCF’s experienced loan officers left for the higher salaries, which included hefty incentive programs.

LCF’s history of credit extension had been based on, in part, the seasoned loan officers credit “feel” and whose track record was supported by a well performing loan portfolio. While credit culture had some structure and discipline, it was mostly relationship based. The regulators though not in agreement with this environment, had minimal arguments, as the performance was above average. Now, LCF was left young, inexperienced loan officers, and credit policy department that had not been through the down times.

The Loan
Tommy Fuller, an existing customer, who owned the 15-store Rhythm Clothing chain, presented Johnny Salesman, a loan proposal. Fuller sold clothing geared toward teenagers, whose style changed as often as their music tastes. Tommy was in his mid 30’s and had always been able to spot trends and been the first to market. He had an aggressive, “I can’t fail attitude” and the business had been fairly successful. This of course was not very difficult considering the robust economy. While the prior loan officer, Mark Grayhair, was not confident of Fuller’s ability or the business, he nevertheless had the loan fully secured (even when heavily discounted).

Fuller came in with a 7-store expansion plan that was to occur over four cities. Four of the stores were existing businesses, with the other three start-ups. This was an ambitious project, especially with all stores basically geared to open simultaneously. Fuller’s proposal was a request for $4 million to fund inventory buildup, leasehold improvements, and working capital. Store sizes were in the 15,000 sf range, which was a substantial increase over the prior stores. Further, minimal equity would be injected and a guarantee release was requested. Despite the existing relationship Fuller stated New Bank was aggressively pursing his business and an opportunity to fund this proposal.

Johnny Salesman presented the proposal via a PowerPoint presentation, which included high tech interactive charts graphs and projections that would cash flow the debt (at most any scenario). Johnny was the new breed loan officer that despite some minimal credit training could sell most anything. With his pipeline full and no fear of rejection, he proceeded to obtain approval at a prime rate of interest, normal collateral advance ratios and, limited personal guarantee requirements.

Results
LCF’s compliance department had been requesting year-end financial statements with ongoing comments of “we’re still finalizing”, “we’re having discussions with the auditors”, “we’ve had some issues with software”. After the grand opening 6 months prior, Johnny had not visited the stores, and had limited contact with Fuller. After a visit to pre-existing stores, Salesman was a little concerned when he learned that sales at the new stores were not at projected levels. Fuller stated that a new advertising campaign and changed inventory mix was anticipated to improve sales. Fuller did mention that additional working capital would be required – and that he would utilize favorable vendor financing.

Salesman felt fairly confident that Fuller would be able to achieve the revised projections and trusted Fuller’s ability obtain new vendor terms. Salesman had not experienced many problem loan situations, but thought his judgment was good enough and that Fuller would not let him down. An additional $200m Line of credit supported an increase in inventory. The trade worked out an “arrangement” for outstanding A/R and new invoices. LCF’s automated approval system did not provide an opportunity to directly address the issues, i.e., sales, vendors, and the facility was approved.

Problems
After loan closing Salesman decided to conduct an unannounced visit to the new stores. The locations were mediocre, with minimal traffic and strong competing stores. Economic conditions worsened and higher gas prices reduced the number of store visits by customers. Despite delinquent statements, the revised plan that was again not meeting projections and questionable collateral coverage, Salesman still believed that Fuller would turnaround operations. However, within a month a payment delinquency made executive management aware Fuller’s company may not be in sync with today’s teens. Loan review seemed to agree, despite Salesman’s vigorous arguments and transferred the account to Special Assets.

Special Assets’ Bill Realism met with Fuller, inspected all stores, obtained a third party collateral report, reviewed all documentation and became very concerned. Realism found the stores in poor locations, the personal guarantee was for collection not payment, and there was not an assignment of leases for the store locations. Realism had little faith that Fuller could produce sufficient cash flow to retire the debt. Realism’s 25 years of workout had resulted in very few turnaround consultants that could produce, but knew of one to resituate this one.

Actions
After realizing the significant collateral exposure LCF charged-off $1 million and restructured the debt. This was after a Chief Restructuring Officer and CFO were hired by the company, and guarantee amount was increased and modified. Three stores were closed and inventory liquidated to pay down debt. LCF recognized full recovery would only be realized through company sale, and only if EBITDA results improved.

Lessons
Salesman realized that under pressure Borrower’s have a tendency to behave differently, that assets aren’t worth as much in liquidation, and financial results are important. Large expansions are difficult especially when financial systems and controls are lacking. High leverage is a difficult obstacle and can create an irregular Rhythm. The high debt load ultimately resulted in a Chapter 11 filing, which evolved into a liquidating plan, and additional losses. LCF realized that old style loan committee meetings approve loans and discuss the merits of credit, help in maintaining discipline within the credit culture, and experience counts.

For improving your experience explore RMA/Chesapeake Chapter publications and workshops.

David Schallich, SVP, Special Assets

National Cooperative Bank


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Chapter Hears Insight/Advice from Regulators

On June 15th, more than 50 banking professionals from either side of the Chesapeake gathered in The Center Club of the Legg Mason building in Baltimore to enjoy the gorgeous view of the harbor, a nice catered lunch and a chance to get a snapshot of the industry from their own regulatory agencies. Kathy Kalser, Regional Manager for FDIC’s Division for Insurance and Research, started the afternoon by pointing to some overall statistics for the regional economy illustrated by projected graphs. Her highlights included:
  • Maryland is one of 12 states to have atypically low job loss levels during the most recent recession.
  • Tourism, especially in Baltimore, has picked up since 9/11 having significant effect on the economy.
  • Although the trend toward industrial job losses continues, losses are leveling off.
  • Banks, as an industry, are operating with a high level of efficiency and keeping overhead low.
  • Net operating income for banks is trending up because of this low cost orientation.
  • Home equity and construction lending which has been a real star the past few years is now leveling off after reaching a 40% annual growth rate.
  • Credit quality is strong and delinquencies are noticeably down over the last few years.

There was a very brief series of transparencies describing the yield curve for various products and economic indicators that showed less than rosy long-term predictions. Kathy’s professional disinclination to predict the future was apparent. The general meaning was clear: “The status quo won’t last”.

Next she addressed the extraordinary nature of the Mid-Atlantic real estate banking environment and placing it in the national context. The number of “Boom Real Estate markets” in the US in the last real estate price explosion was less than 1/3 of the number of markets now. She defined boom as: a 30% increase (I believe a weighted average) in sales price, adjusted for inflation, over 3 years time.

Because of skyrocketing housing prices, demand for housing in this area, and climbing – yet less than adequate – increase in income, banks have had to be innovative to make up the difference. While the regulators have no problem with innovation, she cautioned banks to think ahead and have a strategy to change policy when the environment changes. Historically, banks have had the time to adjust to a less lively market without tragedy if they had planned ahead.

Glenn Wilson, President, Citizens National Bank, followed by introducing the regulator panel: Phyllis Zumbrun, Assistant Commissioner Bank Supervision, MD State Department of Labor, Licensing and Regulation; Steve Bareford, Supervisory Examiner, Federal Reserve Bank of Richmond; MaryAnn Kennedy, Assistant Deputy Controller, Office of the Comptroller of the Currency; and Bob Mitchell, Assistant Regional Director, Office of Thrift Supervision. As moderator, Glenn asked prepared questions beginning with general topic of safety and soundness. Bob found all but one of the 47 thrifts under his supervision to be well capitalized. After notification, that one came into line easily. He mentioned that some smaller institutions could be accused of more aggressive lending although he did not explain. Mary Ann found returns on bank’s efforts to expand to be “robust” and applauded a decline in delinquencies and gross loan losses. Her two cautions to local institutions warned against (1) poor credit analysis that does not rely enough on cash flow rather assuming strong collateral will cure all problems and (2) lack of sufficient procedures and controls. Steve placed about 10% of all the banks under the Richmond Fed as being on some kind of watch status further defined as not being well enough informed about the product mix of their own portfolio, showing a lack of procedures and internal controls, and having compliance issues primarily with the BSA. Phylis made a comment that there are pockets of borrowers without access to seasoned lenders i.e. lenders who have successfully weathered a downturn in the economy.

Banks are definitely reallocating resources to their compliance area. Phyllis and the others noted that bank executives are engaged in finding balance between Owner Occupied Commercial Real Estate and Investor Real Estate. Following a question about the end of super low interest rates, Mary Ann and Steve both noticed that banks are highly likely to be using tools to manage interest rate risk. Phyllis noticed that many banks are not passing on the increase in the Fed Funds rate to their deposit side. Bob noticed that some banks are holding back from doing a lot of lending until a higher interest rate environment makes it more profitable. Consumer behavior is said to be “reaching” to get into a home however they can. This behavior makes future borrowing, repayment, and refinance behavior less predictable.

Glenn then turned the topic to appraisals. Steve stated 40% of recent residential real estate transactions involved second homes or investment properties showing a turn toward speculation and perhaps having an unsettling effect on how residential real estate is valued. Although the terms and conditions other than rate have remained consistent in the banks, there is some doubt as to the true value of this collateral. Phyllis reported three important trends affecting value: 1) middle class immigration and military transfers into this area will drive prices up; 2) due to smart growth measures, the time from purchase to subdivision approval could take years affecting the bottom line of the developer; 3) while commercial real estate is a great profit maker for the bank, it is not experiencing the same boom as residential.

In response to a question about Metropolitan Baltimore/Washington being recession-proof, Bob preferred to say that this area has a higher margin of error than other regions. The next recession can sink an institution with too much reliance on this advantage. He also discussed briefly how it is tempting to use the gross sell out value rather than the discounted value for A & D loans and how the OTS is frowning on using anything other than the discounted value.

In the compliance section of the question and answer period, banks need to be more careful with CIP and BSA/AML, fortunately, few serious infractions have been identified. The examiners introduced a change to OFAC where bank boards of directors will be able to designate certain kinds of transactions that are considered extremely low risk as exempt from OFAC review. In general, regarding compliance, there is a widespread lack of training and continuity should an employee in charge of compliance leave.

The final question addressed to the panel members, As an examiner, what keeps you up at night?, elicted a mix of responses:

  • The Real Estate Bubble, is there one? BSA? Identity theft!!!
  • Making weak loans and cutting costs to increase short-term profits at the expense of the future.
  • Will experienced conservative middle managers in smaller to medium size banks be able to stand up to powerful personalities in the executive suite or loan production area to get ready for the big changes ahead?

It was clear that the regulators assembled on this panel were as passionate as they could be about maintaining a healthy banking industry. Their goal is not to dominate, but decrease the chances of making the same mistakes of the past and re-inventing the wheel. The reputations of banks in the Mid-Atlantic area and our institutional survival may depend on it.

Many thanks to our panelists and Glenn Wilson for an informative and successful event.

Michael Johnson, Compliance Administrator
1st Mariner Bank


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YFP Hosts Happy Hour with MACPA

The RMA Chesapeake Chapter continues its Young Financial Professionals Program (YFP) with this co-sponsored networking happy hour with the Maryland Association of CPAs New/Young Professionals Network. We’re meeting July 28th at the Bay Café on 2809 Boston Street in Canton from 5pm-8pm. Join us to build contacts with referral sources and learn more about the work environment in other professions. Register on-line at www.rmachesapeake.org. For more information on the YFP and to join our email list, please contact Thad Ulrich at thad.ulrich@mercantile.net or Brian Slagle at bslagle@kbank.net.


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RMA Annual Conference Comes to DC

Save the date: October 8 - 11, 2005

Once again, RMA will bring together industry leaders at our Annual Risk Management Conference to help professionals like you more successfully identify, assess, and manage credit risk, operational risk, and market risk… and shape new and more effective responses to these risks. This is your chance to join the best minds in our industry when they assemble in Washington, D.C., October 8 – 11 at the Marriott Wardman Park Hotel.

Hear from these featured speakers:
John A. Allison IV, Chairman and CEO, BB&T Corporation, who has lead the bank in its growth and acquisition of scores of community banks since taking over as Chairman and CEO in 1989.

Tim Russert, consummate capital insider, NBC’s Washington Bureau Chief and host of Meet The Press.

John E. Silvia, Ph.D. is the Chief Economist for Wachovia Bank, N.A. He has worked on Capitol Hill as Senior Economist for the U.S. Senate Joint Economic Committee and Chief Economist for the U.S. Senate Banking, Housing and Urban Affairs Committee.

Session highlights include:

  • Quantifying Your Worries: Risks in the Current Real Estate Market
  • Interest Rate Risk and the Funding of Your Bank
  • Operational Risk for Community Banks
  • Governance and Commercial Credit and Lending
  • Coping with Bank Secrecy Act Compliance
  • A Basel Primer for Community Banks
  • Defrauding the Bank: The Ins and Outs
  • Lending to the Senior Housing Market
  • Regulatory Panel Focusing on New Guidance on Risk Ratings
  • Loan Pricing for Profitable Growth
  • Compensation of Credit Risk Officers
  • Residential Construction Underwriting
  • Small Business Portfolio Management Strategies
  • Environmental Risk Management

For complete conference details
click here. And if you register by August 31, you save $100 on your registration fees.



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RMA Webinars Boost Summer Learning

RMA Web Seminars offer several options to boost summer learning. The web based courses are web-delivered, instructor-led training courses that offer several advantages over traditional classroom courses including the convenience of no travel time, travel cost or time out of the office. They are typically conducted in two 90-minute sessions held one week apart. All a participant needs is an Internet connection and a telephone. Plus, they are interactive so you can ask questions and receive instant feedback in real time.

For more information on summer options and others, visit the RMA website. Summer courses are filling, so register now. July and August options include:

  • Strategies for Evaluating Your Borrower's Management Team (3 classes): July 13/20; July 27/August 3; August 18/25
  • Problem Loan Fundamentals: July 12/19
  • RMA OpRisk Tools: July 20
  • EBITDA Web Seminar: August 24/31


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Welcome American Bank

Since 1983, American Bank, a local savings bank, has successfully served the financial needs of its Community. American Bank has offices in Maryland, Rockville, Silver Spring, Ellicott City, Bethesda, and Washington DC: Chevy Chase.

Products include mortgage loan programs for new homes as well as construction, small business loans, equipment leasing, retail checking and savings and business checking accounts.

John M. Wright, SVP and CFO is the Senior Associate for RMA

For additional information, please view their website at www.americanfsb.com

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Welcome New Members

Darryl Becker
Assistant Vice President
The Columbia Bank

Thomas Neale
Senior Vice President
Wachovia Bank NA

Boris Orcev
Vice President
American Bank

John Wright
Senior Vice President & CFO
American Bank


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