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FIL-78-98 Attachment

[Federal Register: July 6, 1998 (Volume 63, Number 128)]

[Notices]

[Page 36403-36408]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]


 

[[Page 36403]]


 

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FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL



 

Uniform Retail Credit Classification Policy


 

AGENCY: Federal Financial Institutions Examination Council.


 

ACTION: Notice and request for comment.


 

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SUMMARY: The Federal Financial Institutions Examination Council

(FFIEC), on behalf of the Board of Governors of the Federal Reserve

System (FRB), the Federal Deposit Insurance Corporation (FDIC), the

Office of the Comptroller of the Currency (OCC), and the Office of

Thrift Supervision (OTS), collectively referred to as the Agencies,

requests comment on proposed changes to the Uniform Policy for

Classification of Consumer Installment Credit Based on Delinquency

Status (Uniform Retail Credit Classification Policy). The National

Credit Union Administration (NCUA), also a member of FFIEC, is

reviewing the applicability and appropriateness of the FFIEC proposal

for institutions supervised by the NCUA; however, the NCUA does not

plan to adopt the proposed policy at this time.

The Uniform Retail Credit Classification Policy is a supervisory

policy used by the federal regulatory agencies for the uniform

classification of retail credit loans of financial institutions. At the

time the initial Uniform Retail Credit Classification Policy was issued

in 1980, open-end credit generally consisted of credit card accounts

with small credit lines to the most creditworthy borrowers. Today,

open-end credit generally includes accounts with much larger lines of

credit to diverse borrowers with a variety of risk levels. The change

in the nature of those accounts and the inconsistencies in the

reporting and charging off of accounts has raised concerns with the

FFIEC. This proposed policy statement is intended to help the FFIEC

develop a revised classification policy to more accurately reflect the

changing nature of risk in today's retail credit environment. The FFIEC

is proposing to revise the charge-off policy for closed-end and open-

end credit and address other significant issues in retail credit

lending by the financial services industry. The FFIEC is requesting

comment on the proposed revision and the listed issues.


 

DATES: Comments must be received by September 4, 1998.


 

ADDRESSES: Comments should be sent to Keith Todd, Acting Executive

Secretary, Federal Financial Institutions Examination Council, 2100

Pennsylvania Avenue NW., Suite 200, Washington, DC 20037, or by

facsimile transmission to (202) 634-6556.


 

FOR FURTHER INFORMATION CONTACT:

FRB: William Coen, Supervisory Financial Analyst, (202) 452-5219,

Division of Banking Supervision and Regulation, Board of Governors of

the Federal Reserve System. For the hearing impaired only,

Telecommunication Device for the Deaf (TDD), Dorothea Thompson, (202)

452-3544, Board of Governors of the Federal Reserve System, 20th and C

Streets NW., Washington, DC 20551.

FDIC: James Leitner, Examination Specialist, (202) 898-6790,

Division of Supervision. For legal issues, Michael Phillips, Counsel,

(202) 898-3581, Supervision and Legislation Branch, Federal Deposit

Insurance Corporation, 550 17th Street NW., Washington, DC 20429.

OCC: Cathy Young, National Bank Examiner, Credit Risk Division,

(202) 874-4474, or Ron Shimabukuro, Senior Attorney, Legislative and

Regulatory Activities Division (202) 874-5090, Office of the

Comptroller of the Currency, 250 E Street SW., Washington, DC 20219.

OTS: William J. Magrini, Senior Project Manager, (202) 906-5744,

Supervision Policy; or Vern McKinley, Attorney, (202) 906-6241,

Regulations and Legislation Division, Chief Counsel's Office, Office of

Thrift Supervision, 1700 G Street NW, Washington, DC 20552.


 

SUPPLEMENTARY INFORMATION:


 

Background Information


 

On June 30, 1980, the FRB, FDIC, and OCC adopted the FFIEC uniform

policy for classification of open-end and closed-end credit (1980

policy). The Federal Home Loan Bank Board, the predecessor of the OTS,

adopted the 1980 policy in 1987. The 1980 policy established uniform

guidelines for the classification of installment credit based on

delinquency status and provided different charge-off time frames for

open-end and closed-end credit. The 1980 policy recognized the

statistical validity of determining losses based on past due status. At

that time, open-end credit generally consisted of credit card accounts

with small credit lines to the most creditworthy borrowers. Today,

open-end credit generally includes accounts with much larger lines of

credit to diverse borrowers with a variety of credit risk levels. The

change in the nature of those accounts and the inconsistencies in the

reporting and charging off of accounts by financial institutions, has

prompted the federal regulatory agencies to propose several revisions

to the 1980 policy.


 

Comments Received


 

The FFIEC requested comment on September 12, 1997 at 62 FR 48089

(September Notice) on a series of questions designed to help the FFIEC

develop a revised classification policy. A total of 61 comments were

received representing the views of 22 banks and thrifts, nine bank

holding companies, eight regulatory agencies, seven trade groups, and

15 other companies and individuals. The following is a summary of the

questions and responses.


 

1. Charge-off Policy for Open-End and Closed-End Credit


 

The September Notice requested comment on whether a uniform time

frame should be used to charge off both open-end and closed-end

accounts, and if a change in policy is made, a reasonable time frame to

allow institutions to comply with such a change. Comments were also

sought on whether to continue the current regulatory practice of

classifying open-end and closed-end credit Substandard when the account

is 90 days or more delinquent; whether a standard for the Doubtful

classification or guidance for placing loans on a nonaccrual status

should be adopted; and whether a specific reserve account should be

established.

Charge off policy: Commenters were divided on whether to maintain

the current policy of charging off open-end (credit card) loans at 180

days delinquent and closed-end installment loans at 120 days or to

change the policy to a uniform time frame for both types of loans.

Almost half of the commenters suggested a uniform charge-off time frame

for both types of loans. Recommendations for the charge-off time frame

varied from 90 days to 180 days; the majority who favored uniformity

believed the time frame should be less than 180 days. Of 51 comments to

this question, 22 commenters preferred a stricter open-end standard

than what is contained in the 1980 policy and remaining respondents

supported no change or a less strict open-end standard.

Commenters in favor of a uniform time frame cited three main

reasons: (1) inconsistency in the 1980 policy guidelines; (2) recovery

data supports a lengthening of the charge-off policy for closed-end

installment loans; and (3) the level of credit risk in open-end and

closed-end loans has changed since the 1980 policy was adopted.


 

[[Page 36404]]


 

Commenters supporting a uniform time frame cited the inconsistency

between the level of risk associated with credit card loans and closed-

end credit and the inconsistency in the 1980 policy for charging-off

delinquent accounts. Under the 1980 policy, credit card loans, which

generally are unsecured, are charged off when an account is 180 days

delinquent. Conversely, closed-end credits generally amortize according

to a payment schedule, are better protected via a security interest in

collateral, and experience much higher recovery rates after being

charged off, but are subject to a more stringent charge-off policy at

120 days delinquency. Over the years, the inconsistency in the time

frames has become more apparent as the market for credit cards evolved.

Several commenters stated that the risk associated with open-end credit

has increased significantly since 1980. This is due to competition in

solicitations, less stringent underwriting criteria, lower minimum

payment requirements, lack of a security interest, and lower recovery

rates after charge-off. Commenters contended that these factors provide

support for shortening the current 180 day charge-off time frame for

open-end credit.

A uniform time frame would eliminate the inconsistent treatment for

closed-end and open-end credit. On a volume basis, the change would

actually lengthen the charge-off time frame for more loans than it

would shorten. As of year end 1997, institutions supervised by the FRB,

FDIC, and OCC had closed-end installment loans of $338 billion and

open-end credit card loans of $237 billion. At that time, institutions

supervised by the OTS had closed-end installment loans of $29 billion

and open-end loans totaling $23 billion. Under a uniform time frame,

institutions would have an additional month to work with borrowers

before recognizing a loss for lower risk closed-end credit. Credit card

issuers would have this same 150-day charge-off time frame, although it

would be 30 days less than the current requirement.

The most direct measure of credit risk is the ratio of net losses

to loans. In every year since 1984, the credit card loss ratio has been

much higher than the closed-end installment loss ratio. During the

fourteen-year period, the average net loss for credit cards was 3.2

percent while the average net loss for installment loans was 0.8

percent. The percentage of current recoveries to prior year charge-offs

is a ratio that indicates how timely loans are charged-off. A loss

classification does not mean that the asset has absolutely no recovery

or salvage value; rather, it means that it is not practical or

desirable to defer writing off an essentially worthless asset even

though partial recovery may occur in the future. A high rate of

recoveries may illustrate a conservative charge-off policy, whereas a

low rate may indicate an unwarranted delay in the recognition of

losses. Since 1985, recoveries for credit card loans have averaged 19

percent, while recoveries for installment loans have averaged 34

percent.

Commenters opposed to any change of the charge-off standards cited

four principal reasons: (1) the impact on the industry's earnings and

capital; (2) the effect on credit card securitization transactions; (3)

the limitation of programming resources because of Year 2000 issues;

and (4) impact on consumers.

Some commenters believed that changing the charge-off guidelines

for open-end credit may make it more difficult for lenders to collect

from borrowers. They stated that a change in the guidelines will result

in more expense for institutions, because of the need to revise their

existing collection policies and procedures. This can negatively affect

an institution's earnings and capital.

Others stated that a change in the charge-off time frames would

affect credit card securitization transactions. One commenter mentioned

that as of September 1997, $213 billion, or 40.6 percent of outstanding

credit card receivables, were securitized. Some commenters believed

that any change in the charge-off policy could trigger contractual

provisions, such as early amortization or collateral substitution

requirements. This would increase costs to credit card issuers and

limit their ability to sell securitizations, thus potentially

restricting credit card lending. Some commenters indicated that such a

change may cause them to exit the securitization market for years.

Some commenters expressed concern about the re-programming efforts

needed for a change in the charge-off policy. This comes at a time when

computer programmer resources are limited due to Year 2000 efforts.

Finally, some commenters contended that requiring earlier charge

offs will have an impact on consumers. The incentives for borrowers to

pay and for banks to invest in collection efforts are greatest before

the charge off has occurred. One industry association reported that 34

percent of accounts that are 120 days delinquent will be made current

before charge off under the 1980 policy. A shorter charge-off time

frame reduces the borrower's time to cure a debt. Once charge off

occurs, the customer's charged-off account is reported to the credit

bureau, further damaging the customer's credit rating and future

ability to obtain credit. Commenters stated that the customer loses the

incentive to pay, further impacting an institution's recoveries.

Given the division in comments as to the appropriate charge-off

policy guidelines, the FFIEC is requesting comment on two alternative

charge-off standards (only one of these will be implemented):

A uniform charge-off time frame for both open-end and

closed-end credit at 150 days delinquency with a proposed

implementation date of January 1, 2001; or

Retaining the existing policy of charging off delinquent

closed-end loans at 120 days and delinquent open-end loans at 180 days.

If this option is selected, any changes affected by the final policy

statement would have a January 1, 1999 implementation date.

Substandard classification policy: Thirty-six of 41 commenters

supported the practice of classifying open-end and closed-end loans

Substandard at 90 days delinquency. The majority of commenters opposed

a uniform policy of classifying loans Doubtful, placing them on

nonaccrual, or setting up separate reserves in lieu of charging off a

loan. The FFIEC has long felt that when an account is 90 days past due,

it displays weaknesses warranting classification and proposes to

continue the policy of classifying open-end and closed-end loans

Substandard at 90 days delinquency. The FFIEC has decided not to add

guidance for classifying retail credit Doubtful or placing those loans

on nonaccrual.


 

2. Bankruptcy, Fraud, and Deceased Accounts


 

The September Notice requested comment on whether there should be

separate guidance for determining: (i) when an account should be

charged off for bankruptcies under Chapter 7 or 13 of the Federal

Bankruptcy Code; (ii) the event in the bankruptcy process that should

trigger loss recognition; (iii) the amount of time needed by an

institution to charge off an account after the bankruptcy event; and

(iv) whether, as an alternative to an immediate charge off, it would be

beneficial to set up a specific reserve account. Comments also were

sought on the amount of time needed by an institution to charge off

losses due to fraud or losses on loans to deceased borrowers.

Bankruptcy: The majority of commenters, 26 of 40, stated that

separate guidance should not be developed for bankruptcies under

Chapter 7 or Chapter 13. Many


 

[[Page 36405]]


 

commenters stated that charge-off guidance recognizing bankruptcies

arising from defaults on secured loans versus bankruptcies arising from

defaults on unsecured is more realistic. The majority indicated that

the notification date to the creditor from the bankruptcy court should

constitute the event triggering loss recognition. The majority also did

not believe it should be necessary to set up a separate allowance

reserve at the time of the bankruptcy filing.

The FFIEC proposes to add guidance specifying that unsecured loans

for which the borrower declared bankruptcy should be charged off by the

end of the month that the creditor receives notification of filing from

the bankruptcy court. In addition, secured loans in bankruptcy should

be evaluated for repayment potential and classified appropriately,

within 30 days of notification of filing from the bankruptcy court, or

within the charge-off time frames in the classification policy,

whichever is shorter.

The FFIEC is aware that Congress is in the process of addressing

bankruptcy reform legislation. If legislation is passed, the FFIEC will

review its proposed bankruptcy guidelines for any changes that may be

necessary as a result of changes to the bankruptcy code.

Fraud: Commenters were divided equally with respect to the time

required to charge off fraudulent loans, either 30 days or 90 days. The

FFIEC recognized that a fraud investigation may last more than 30 days.

For that reason, the FFIEC is proposing that fraudulent retail credit

should be charged off within 90 days of discovery or within the charge-

off time frames adopted in this classification policy, whichever is

shorter.

Deceased Accounts: The majority of commenters reported that they

needed 150 days to work with the trustee of an estate to determine the

repayment potential of loans of deceased persons. The FFIEC recognizes

that working with the trustee or the deceased family may take months to

determine repayment potential. The FFIEC proposes that retail credit

loans of deceased persons should be evaluated and charged off when the

loss is determined, or within the charge-off time frames adopted in

this classification policy, whichever is shorter.


 

3. Partial Payments


 

The September notice requested comment on whether borrowers should

receive credit for partial payments in determining delinquency by

giving credit for any payment received and if this would require

significant computer programming changes. Comments were sought on other

reasonable alternatives and how payments should be applied. Comments

also were requested about the need for guidance on fixed payment

programs.

The commenters were divided evenly between supporting the proposal

versus keeping the existing policy whereby 90 percent of a payment

qualifies as a full payment. Many commented about the significant

programming costs that a change to the existing policy would cause. For

that reason, the FFIEC is proposing that institutions be permitted to

choose one of two methods. The first method retains the current policy

of considering a payment equivalent to 90 percent or more of the

contractual payment to be a full payment in computing delinquency. The

second method would allow an institution to aggregate payments and give

credit for any partial payment received; however, the account should be

considered delinquent until all contractual payments are received.

Whichever method is chosen, the same method should be used consistently

within the entire portfolio.

Most commenters did not advocate additional guidance for fixed

payment programs. Although no specific language is included in this

policy, when an institution grants interest rate or principal

concessions under a fixed payment program, and those concessions are

material, the institution should follow generally accepted accounting

principles (GAAP) guidelines presented in Financial Accounting

Standards Board (FASB) 15 (Accounting by Debtors and Creditors for

Troubled Debt Restructuring) and FASB 114 (Accounting by Creditors for

Impairment of a Loan).


 

4. Re-aging, Extension, Renewal, Deferral, or Rewrite Policy


 

The September notice proposed and requested comment on supervisory

standards for re-aging accounts.

Re-aging is the practice of bringing a delinquent account current

after the borrower has demonstrated a renewed willingness and ability

to repay the loan by making some, but not all, past due payments. A

liberal re-aging policy on credit card accounts, or an extension,

deferral, or rewrite policy on closed-end credit, can cloud the true

performance and delinquency status of the accounts. The majority of

commenters agreed that the borrower should show a renewed willingness

and ability to repay, re-aging should occur after receipt of three

months consecutive or equivalent lump sum payments, the account should

be opened for a minimum period of time before it can be re-aged, and

the account should not be re-aged more than once per year.

The FFIEC concurred with those criteria, but decided that

additional guidance on the amount that could be re-aged, and the number

of times the account could be re-aged in its lifetime were also needed.

The FFIEC proposes to allow re-aging of delinquent loans, when it is

based on recent, satisfactory performance by the borrowers and when it

is structured in accordance with the institution's prudent internal

policies. Institutions that re-age open-end accounts or extend, defer,

or rewrite closed-end accounts should establish a written policy,

ensure its reasonableness, and adhere to it. An account eligible for

re-aging, extension, deferral, or re-write exhibits the following:

The borrower should show a renewed willingness and ability

to repay the loan.

The borrower should make at least three consecutive

contractual payments or the equivalent lump sum payment (funds may not

be advanced by the institution for this purpose).

No more than one re-age, extension, deferral, or rewrite

should occur during any 12 month period.

The account should exist for at least 12 months before a

re-aging, extension, deferral, or rewrite is allowed.

No more than two re-agings, extensions, deferrals, or

rewrites should occur in the lifetime of the account.

The re-aged balance in the account should not exceed the

predelinquency credit limit.

A re-aged, extended, deferred, or rewritten loan should be

documented adequately.


 

5. Residential and Home Equity Loans


 

The September notice requested comment on whether residential and

home equity loans should be classified Substandard at a certain

delinquency and whether a collateral evaluation should be required at a

certain delinquency.

Twenty-eight of 37 commenters agreed with classifying residential

and home equity loans Substandard when they are 90 days delinquent. The

proposed policy statement classifies certain residential and home

equity loans Substandard at 90 days delinquent. However, the FFIEC

recognizes that delinquent, low loan-to-value loans (i.e., those loans

less than or equal to 60 percent of the real estate's value based on

the most current appraisal or evaluation) possess little likelihood for

loss as they are protected


 

[[Page 36406]]


 

adequately by the real estate. Those loans will be exempted from the

proposed classification policy. The FFIEC proposes that, if an

institution holds a first-lien residential real estate loan and a home

equity loan to the same borrower, and if the combined loan-to-value

ratio exceeds 60 percent, the loans should be classified as substandard

when both are delinquent more than 90 days. If only the residential

real estate loan is delinquent or if only the home equity loan is

delinquent, only the delinquent loan is classified substandard. If the

institution only holds the home equity loan and does not hold other

prior residential mortgages to the same borrower, and the loan is

delinquent 90 days or more, it should be classified Substandard.

The majority of commenters supported a collateral evaluation by the

time the loan is 180 days delinquent. The proposed policy statement

calls for a current evaluation of the collateral to be made by the time

a residential or home equity loan is: (1) 150 days past due, if option

one under the charge off time frames is selected, or (2) 120 days past

due for closed-end credit and 180 days past due for open-end credit, if

option 2 is selected. The outstanding balance in the loan in excess of

fair value of the collateral, less the cost to sell, should be

classified Loss and the balance classified Substandard.


 

6. Need for Additional Retail Credit Guidance


 

The September notice requested comment as to whether additional

supervisory guidance is needed or would be beneficial. Comments were

also sought as to whether additional supervisory guidance is needed on

the loan loss reserve for retail credit.

The majority of commenters did not support any other regulatory

guidance. Any additional guidance on the allowance for loan and lease

loss will be addressed in other policy statements.


 

Proposed Revision


 

The FFIEC drafted a revised policy statement in consideration of

the comments. The proposed policy statement will:

Establish a charge-off policy for open-end and closed-end

credit based on delinquency under one of two possible time frames;

Provide guidance for loans affected by bankruptcy,

fraudulent activity, and death;

Establish standards for re-aging, extending, deferring, or

rewriting of past due accounts;

Classify certain delinquent residential mortgage and home

equity loans; and

Broaden the recognition of partial payments that qualify

as a full payment.

The FFIEC considered the effect of GAAP on this guidance. GAAP

requires that a loss be recognized promptly for assets or portions of

assets deemed uncollectible. The FFIEC believes that this guidance

requires prompt recognition of losses, and therefore, is consistent

with GAAP.

This proposed policy statement, if adopted, will apply to all

regulated financial institutions and their operating subsidiaries

supervised by the FRB, FDIC, OCC, and OTS.

The proposed text of the statement is as follows:


 

Uniform Retail Credit Classification Policy 1

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\1\ The regulatory classifications used for retail credit are

Substandard, Doubtful, and Loss. These are defined as follows:

Substandard: An asset classified Substandard is protected

inadequately by the current net worth and paying capacity of the

obligor, or by the collateral pledged, if any. Assets so classified

must have a well-defined weakness or weaknesses that jeopardize the

liquidation of the debt. They are characterized by the distinct

possibility that the institution will sustain some loss if the

deficiencies are not corrected. Doubtful: An asset classified

Doubtful has all the weaknesses inherent in one classified

Substandard with the added characteristic that the weaknesses make

collection or liquidation in full, on the basis of currently

existing facts, conditions, and values, highly questionable and

improbable. Loss: An asset, or portion thereof, classified Loss is

considered uncollectible, and of such little value that its

continuance on the books is not warranted. This classification does

not mean that the asset has absolutely no recovery or salvage value;

rather, it is not practical or desirable to defer writing off an

essentially worthless asset (or portion thereof), even though

partial recovery may occur in the future.

Although the Board of Governors of the Federal Reserve System,

Federal Deposit Insurance Corporation, Office of the Comptroller of

the Currency, and Office of Thrift Supervision do not require

institutions to adopt the identical classification definitions,

institutions should classify their assets using a system that can be

easily reconciled with the regulatory classification system.

---------------------------------------------------------------------------


 

Evidence of the quality of consumer credit soundness is indicated

best by the repayment performance demonstrated by the borrower. When

loans become seriously delinquent (90 days or more contractually past

due), they display weaknesses that, if left uncorrected, may result in

a loss. Because retail credit generally is comprised of a large number

of relatively small balance loans, evaluating the quality of the retail

credit portfolio on a loan-by-loan basis is inefficient and burdensome

to the institution being examined and to examiners. Therefore, in

general, retail credit should be classified based on the following

criteria:

[Option 1]: Open-end and closed-end retail loans that

become past due 150 cumulative days or more from the contractual due

date should be charged off. The charge off should be effected by the

end of the month in which the requirement is triggered. Open-end and

closed-end retail loans that are past due 90 days or more, but less

than 150 cumulative days, should be classified Substandard or

[Option 2]: Closed-end retail loans that become past due

120 cumulative days and open-end retail loans that become past due 180

cumulative days from the contractual due date should be charged off.

The charge off should be effected by the end of the month in which the

requirement is triggered. Open-end and closed-end retail loans that are

past due 90 days or more should be classified Substandard.2

---------------------------------------------------------------------------


 

\2\ The final policy will adopt only one of these options.

---------------------------------------------------------------------------


 

Unsecured loans for which the borrower declared bankruptcy

should be charged off by the end of the month in which the creditor

receives notification of filing from the bankruptcy court, or within

the charge-off time frames adopted in this classification policy,

whichever is shorter.

For secured and partially secured loans in bankruptcy, the

collateral and the institution's security position in the bankruptcy

court should be evaluated. Any outstanding investment in the loan in

excess of the fair value of the collateral, less the cost to sell,

should be charged off within 30 days of notification of filing from the

bankruptcy court, or within the time frames in this classification

policy, whichever is shorter. The remainder of the loan should be

classified Substandard until the borrower re-establishes the ability

and willingness to repay.

Fraudulent loans should be charged off within 90 days of

discovery, or within the time frames in this classification policy,

whichever is shorter.

Loans of deceased persons should be charged off when the

loss is determined, or within the time frames adopted in this

classification policy, whichever is shorter.

One- to four-family residential real estate loans and home

equity loans that are delinquent 90 days or more, and with loan-to-

value ratios greater than 60%, should be classified Substandard.

A current evaluation of the loan's collateral should be

made by the time a residential or home equity loan is: (1) 150 days

past due if option one under the charge off time frames is selected or


 

[[Page 36407]]


 

(2) 120 days past due for closed-end credit and 180 days past due for

open-end credit if option 2 is selected. Any investment in excess of

fair value of the collateral, less cost to sell, should be classified

Loss and the balance classified Substandard.

Certain residential real estate loans with low loan-to-value ratios

are exempt from classification based on delinquency, although these

loans may be reviewed and classified individually. Residential real

estate loans with a loan-to-value ratio equal to, or less than, 60

percent should not be classified based solely on delinquency status. In

addition, home equity loans to the same borrower at the same

institution as the senior mortgage loan with a combined loan-to-value

ratio equal to, or less than, 60 percent, should not be classified.

However, home equity loans where the institution does not hold the

senior mortgage that are delinquent 90 days or more should be

classified Substandard, even if the loan-to-value ratio is reportedly

equal to, or less than, 60 percent.

The use of delinquency to classify retail credit is based on the

presumption that delinquent loans display a serious weakness or

weaknesses that, if uncorrected, demonstrate the distinct possibility

that the institution will suffer a loss of either principal or

interest. However, if an institution can clearly document that the

delinquent loan is well secured and in the process of collection, such

that collection will occur regardless of delinquency status, then the

loan need not be classified. A well secured loan is collateralized by a

perfected security interest on, or pledges of, real or personal

property, including securities, with an estimated fair value, less cost

to sell, sufficient to recover the recorded investment in the loan, as

well as a reasonable return on that amount. In the process of

collection means that either collection efforts or legal action is

proceeding, and is reasonably expected to result in recovery of the

recorded investment in the loan or its restoration to a current status,

generally within the next 90 days.

This policy does not preclude an institution from adopting an

internal classification policy more conservative than the one detailed

above. It also does not preclude a regulatory agency from using the

Doubtful classification in certain situations if a rating more severe

than Substandard is justified. Nor does it preclude a charge-off sooner

when accounts are recognized as Loss.


 

Partial Payments on Open-End and Closed-End Credit


 

Institutions should use one of two methods to recognize partial

payments. A payment equivalent to 90 percent or more of the contractual

payment may be considered a full payment in computing delinquency.

Alternatively, the institution may aggregate payments and give credit

for any partial payment received. However, the account should be

considered delinquent until all contractual payments are received. For

example, if a regular installment payment is $300 and the borrower

makes payments of only $150 per month for a six-month period, the loan

would be $900 ($150 shortage times six payments), or three full months

delinquent. Whichever method is chosen, the same method should be used

consistently within the entire portfolio.


 

Re-agings, Extensions, Deferrals, or Rewrites


 

Re-aging is the practice of bringing a delinquent account current

after the borrower has demonstrated a renewed willingness and ability

to repay the loan by making some, but not all, past due payments. A

permissive re-aging policy on credit card accounts, or an extension,

deferral, or re-write policy on closed-end credit, can cloud the true

performance and delinquency status of the accounts. However, prudent

use of the re-aging policy is acceptable when it is based on recent,

satisfactory performance and the borrower's other positive credit

factors and when it is structured in accordance with the institution's

internal policies. Institutions that re-age open-end accounts, or

extend, defer, or re-write closed-end accounts, should establish a

written policy, ensure its reasonableness, and adhere to it. An account

eligible for re-aging, extension, deferral, or rewrite exhibits the

following:

The borrower should show a renewed willingness and ability

to repay the loan.

The borrower should make at least three consecutive

contractual payments or the equivalent lump sum payment (funds may not

be advanced by the institution for this purpose).

No loan should be re-aged, extended, deferred, or

rewritten more than once within the preceding 12 months.

The account should exist for at least 12 months before a

re-aging, extension, deferral, or re-write is allowed.

No more than two re-agings, extensions, deferrals, or re-

writes should occur in the lifetime of the account.

The re-aged balance in the account should not exceed the

predelinquency credit limit.

An institution should ensure that a re-aged, extended,

deferred, or re-written loan meets the agencies' and institution's

standards. The institution should adequately identify, discuss, and

document any account that is re-aged, extended, deferred, or re-

written.


 

Examination Considerations


 

Examiners should ensure that institutions adhere to this policy.

Nevertheless, there may be instances that warrant exceptions to the

general classification policy. Loans need not be classified if the

institution can document clearly that repayment will occur irrespective

of delinquency status. Examples might include loans well secured by

marketable collateral and in the process of collection, loans for which

claims are filed against solvent estates, and loans supported by

insurance.

The uniform classification policy does not preclude examiners from

reviewing and classifying individual large dollar retail credit loans,

which may or may not be delinquent, but exhibit signs of credit

weakness.

In addition to loan classification, the examination should focus on

the institution's allowance for loan and lease loss and its risk and

account management systems, including retail credit lending policy,

adherence to stated policy, and operating procedures. Internal controls

should be in place to assure that the policy is followed. Institutions

lacking sound policies or failing to implement or effectively follow

established policies will be subject to criticism.


 

Request for Comment


 

The FFIEC is requesting comments on all aspects of the proposed

policy statement. In addition, the FFIEC also is asking for comment on

a number of issues affecting the charge-off policy and will consider

the answers before developing the final policy statement:

1. What would be the costs and benefits of the uniform 150 day

charge-off time frame? What would be the costs and benefits of leaving

the policy at the current 120/180 day charge-off time frames? The FFIEC

welcomes historical statistical evidence showing the dollars and

percentages of open-end accounts collected between 120 days delinquency

and 150 days delinquency and between 150 days delinquency and 180 days

delinquency.


 

[[Page 36408]]


 

2. What will be the effect of the proposed two time frame charge-

off options on institutions? If possible, please quantify, in dollar

amounts and percentages (of total operating expenses), the impact of

the proposed options in the charge-off policy in the first year of

implementation and in subsequent years for open-end and closed-end

credits on:

(a) gross and net charge-offs;

(b) recoveries;

(c) earnings; and

(d) securitization transactions.

3. What are the expected dollar costs of reprogramming to implement

the first option (uniform charge-off policy at 150 days past due) and

what percentage of total operating expenses do those programming

dollars represent? Also, can the programming changes be completed by

the proposed January 1, 2001 implementation date?

4. Please provide any other information that the FFIEC should

consider in determining the final policy statement including the

optimal implementation date for the proposed changes.


 

Dated: June 30, 1998.

Keith J. Todd,

Acting Executive Secretary, Federal Financial Institutions Examination

Council.

[FR Doc. 98-17782 Filed 7-2-98; 8:45 am]

BILLING CODE 6210-01-P, 25% 6714-01-P, 25% 6720-01-P, 25% 4810-33-P 25%

Last Updated: March 24, 2024