The Federal Deposit Insurance Corporation entered into a consent order with New Frontier Bank in St. Charles, Missouri on May 5, 2014 which was recently made public. (FDIC-14-0084b and FDIC-13-151k) The FDIC ordered New Frontier Bank to cease and desist from the violating the Real Estate Settlement Procedures Act “RESPA” Section 8, 12 U.S.C. §2607 and its implementing regulation, Regulation X, 12 C.F.R. §1024.14, which is the prohibition against kickbacks and unearned fees.
The FDIC’s consent order did not mention the facts surrounding this consent order only that “the Bank shall cease all acts or practices in violation of RESPA and take all necessary steps to effect and maintain future compliance with RESPA.”
The consent agreement also ordered New Frontier Bank to reimburse all consumers who were affected by the undisclosed RESPA violations to pay an amount not less than $400 per consumer as restitution for the RESPA violations the FDIC said New Frontier Bank may have violated. The consent agreement did not state how many consumers may have been impacted. In addition to the consumer restitution New Frontier Bank was ordered to pay a $70,000 dollar penalty to the Treasury of the United States.
Sylvia H. Plunkett who is the Senior Deputy Director in the Division of Depositor and Consumer Protection signed off on the consent order on behalf of the FDIC. The lack of information in the FDIC consent order could signal that the CFPB or other regulator is continuing the investigation as was the case In the Matter of Benchmark Bank, Plano, Texas FDIC-11-461k. In the Benchmark Bank consent order the FDIC provided very little information and the CFPB later instituted an enforcement action against Paul Taylor Homes out of Dallas, Texas.