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The Community Reinvestment Act: What the Trump Administration Should Do

Bank regulators have announced their intention to repeal the 2023 CRA Rule. But it would be a mistake to stop there. For more than a decade there’s been a clamoring to “modernize” the CRA regulations. If the Administration should merely rescind the 2023 rule it would leave a vacuum regarding “modernization” of the legacy rule […]

2025 Section 1071 Interim Final Rule: What it says. Who is affected. Problems created. What lenders should do

On June 18, 2025, the CFPB published its 2025 Section 1071 Interim Final Rule. Lenders covered by the 2024 Section 1071 Interim Final Rule should know what the 2025 Rule is changing, how it affects them and what they can and should do. Who is affected by the 2025 Interim Final Rule All “covered lenders”, […]

Why do Federal Bank Regulators create a commercial monopoly on key benchmark data?

Ever since the 1995 CRA rule was published bank regulators have mandated certain “community” and “market” benchmarks as the basis for rating bank performance under the CRA regulations. Most of that data is in the public domain and is transparent and free. For example, the FFIEC annually publishes over 1,200 fields of population and housing […]

2023 CRA Repeal: Don’t overlook important insights for CRA enforcement

Now that the Trump Administration has announced its intention to repeal the 2023 CRA rule many bankers are way too eager to move on and forget about the soon-to-be-repealed rule. It was unbelievably complex, confusing and intimidating, and it excluded certain critical types of credit needed by communities. “Good riddance to bad rubbish” some would […]

Why does the CFPB Disguise Important Mortgage Data?

Banks play a pivotal role in the economic wellbeing of our nation and local communities. Banks do this by being “financial intermediaries” facilitating the flow of funds between savers and borrowers. This obligation is so important that Congress passed legislation mandating that banks be periodically examined by regulators to evaluate and rate their performance with […]

Trump’s EO Regarding Disparate Impact: An Opportunity to Examine the REMA Concept

President Trump signed Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy on April 23, 2025”. The EO proclaims a policy goal of eliminating “the use of disparate-impact liability in all contexts to the maximum degree possible’”. Given the relatively long history of the application of disparate-impact theory on fair lending and particularly redlining it […]

The Impact of Trump’s Executive Order Regarding Disparate Impact

Just when you thought the flurry of executive orders pertaining to “deregulation” might have slowed down, the President signed, on April 23, 2025, Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy.” The EO proclaims a policy goal of eliminating “the use of disparate-impact liability in all contexts to the maximum degree possible.'” Talk about […]

Potential Improvements for CRA (Part 4c of 4)

In the previous articles of this 4-part series, I identified and explained three types of fatal flaws in the 2023 CRA rule and I presented 5 suggestions to improve the effectiveness of the legacy CRA rule. In this article I put forward another 3 potential improvements to the legacy rule. I suggest to the regulators […]

Potential Improvements for CRA (Part 4b of 4)

In the first 3 articles in this series (1, 2, 3), we identified fatal flaws in the 2023 CRA rule. In Parts 4a – 4c we propose the regulators consider potential improvements to the rule when they publish the Notice of Proposed Rulemaking regarding the repeal of the 2023 CRA rule. Adopt a Simplified Version […]

Potential Improvements for CRA (Part 4a of 4)

In the previous 3 articles of this 4-part series I identified and explained three types of fatal flaws in the 2023 CRA rule: 1. The unreliable and sometimes misleading performance ratings based on unrealistic assessment areas mandated in the 2023 rule 2. The elimination of some very important loan types in the Retail Lending Test thereby undermining […]

The 2023 CRA Rule Repeal: Good Idea? Bad Idea?

Fill in your details to watch now. In this webinar, we will take an in-depth look at why the 2023 CRA Rule is detrimental to all communities, including underserved areas. Rather than improving the CRA, the rule introduced serious flaws that undermine its effectiveness as a tool for measuring how banks serve their communities. Repealing […]

The 2023 CRA Needed to be Repealed and Replaced: The Confusing Ratings System (Part 3 of 4)

When the new CRA rule was published in late 2023 it contained some very serious flaws that need to be corrected. In fact, some of those flaws are so bad that they left the Trump Administration with only 2 choices, significantly fix the flaws or repeal the 2023 Rule altogether. To those alternatives I add […]

Agencies announce intention to rescind 2023 CRA rule

Today, March 28, the regulators announced what many have been anticipating. The Agencies issued a press release indicating they intend to rescind the 2023 CRA rule. This is a good thing because the 2023 CRA rule was filled with some very bad ideas, including unrealistic assessment areas, the omission of loans important to the community, […]

Former Senator: Bankers Can’t be Passive about proposed CRA Rule Rollback

Earlier today, as I was writing this article the news broke about the regulators deciding they intend to rescind the 2023 CRA rule. My first reaction was to toss this article in the “trash” folder. But upon further reflection I realized that the rescission hasn't been approved yet, and the Agencies will need to go […]

Designated Disaster Areas and CRA Community Development: Be Careful!

Dear Banker, Many bankers are easily confused by the technical requirements for loans in "disaster areas'' to be potentially qualified for community development credit under CRA. This brief article explains how to avoid the confusion. Numerous natural weather events have caused FEMA to issue declarations for designated disaster areas. Certain bank activity in those areas […]

The New Modern” Community Reinvestment Act Needs to be Fixed ASAP

When the new CRA rule was published in late 2023 it contained some very serious flaws that need to be corrected. Fixing the flawed CRA rule should be a high priority for the Trump Administration because the new rule is scheduled to become “applicable” January 1, 2026. So, what are the problems that are so […]

CRA Size Standards

As all CRA officers know by now on December 19, 2024, the agencies announced the new size thresholds to determine what asset size qualifies as a “small bank”, “intermediate-small bank”, and “large bank” for CRA purposes. The new size categories apply for the year 2025. Really Important notice for small banks near the ISB size […]

Agencies Announce New Size Thresholds and Clarification of Confusion about Size Standards

Dear Banker, On December 19, 2024 the agencies announced the new size thresholds to determine what asset size qualifies as a “small bank”, “intermediate-small bank”, and “large bank” for CRA purposes. The new size categories will apply for the year 2025. Banks that qualify as Intermediate-small banks are immediately subject to ISB examination standards for […]

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