On October 22, the OCC published a final rule to clarify and streamline its other real estate owned (OREO) regulations for supervised national banks and to update the regulatory framework for OREO activities at federal savings associations. The final rule—which is being adopted substantially as proposed in the OCC’s notice of proposed rulemaking issued in April (covered by InfoBytes here)—is the first significant revision to OREO regulations in more than 20 years. As noted in the final rule, pursuant to the Dodd-Frank Act, the OCC now supervises federal savings associations. The framework adopted by the final rule is consistent with the Office of Thrift Supervision’s framework formerly in place, and “offers flexibility consistent with provisions in the Home Owners' Loan Act.”

Specifically, the final rule addresses (i) OREO holding periods; (ii) the methods for disposing of OREO; (iii) OREO appraisal requirements; and (iv) permissible OREO expenditures and notification requirements. The final rule also removes outdated capital rules for national banks and federal savings associations, which include provisions related to OREO, and makes conforming technical edits to other rules that reference those capital rules. The final rule takes effect December 1.