If the adage about closed doors and opened windows ever applied to a bank — even on outlook alone — that bank might be Wells Fargo. As the San Francisco-based lender announced Thursday that the Office of the Comptroller of the Currency (OCC) had handed down a fresh penalty — $250 million for failing to develop a program for mortgage borrowers to avoid losing their homes — Wells Fargo also took a moment to acknowledge that another regulator, the Consumer Financial Protection Bureau (CFPB), had let a separate consent order against the bank expire. “Sometimes — as is the case today — we will reach a positive milestone on one set of issues and be reminded that we need to redouble our focus on another,” CEO Charlie Scharf said in a statement. “That will not stop us from getting to where everyone expects us to be, and where we expect ourselves to be.” The OCC’s consent order is the first to be opened against the bank during the Scharf era, Bloomberg reported. Wells Fargo faced 12 enforcement actions when he took the helm in October 2019, and the bank had winnowed that to 10 by the start of 2021. In his first earnings call as Wells’ CEO, Scharf said his primary focus had been “advancing our required regulatory work with a different sense of urgency and resolve.” Wells’ actions, at least in home lending, weren’t urgent enough for the OCC, it could be speculated. Last week’s penalty dings the bank for failing to make progress on a 2018 consent order — specifically, for failing to “detect, prevent and quantify inaccurate loan modification decisions” — in a timely manner. Along with the penalty, the OCC last week barred Wells Fargo from acquiring certain third-party residential mortgage servicing and ordered the bank to ensure harmed borrowers aren’t transferred out of its loan-servicing portfolio until they’re given remediation. “Wells Fargo has not met the requirements of the OCC’s 2018 action against the bank,” Acting Comptroller Michael Hsu said in a Thursday press release. “This is unacceptable.” The April 2018 consent order came with a $1 billion penalty for, among other practices, improperly charging customers fees for mortgage interest rate locks even if Wells Fargo’s actions had resulted in the loan failing to close in the specified time frame, American Banker reported. Wells Fargo disclosed three months later that it had found a calculation error that caused 625 customers to be incorrectly denied loan modifications, including about 400 who lost their homes. At the time, the bank said the issue was corrected in October 2015. A subsequent securities filing revised that assessment, indicating that more customers were affected and the errors continued through April 2018. Last week’s OCC actions weren’t entirely unexpected. Bloomberg reported earlier that Wells could face new sanctions over the pace at which it was complying with some consent orders. “Our work to build the right foundation for a company of our size and complexity will not follow a straight line,” Scharf said. “We are managing multiple issues concurrently, and progress will come alongside setbacks. That said, we believe we’re making significant progress, the work required is clear, and I remain confident in our ability to complete it.” The order the CFPB allowed to expire last week stemmed from Wells Fargo’s 2016 fake-accounts scandal, which appears to have its own door-window continuum. The long-running scandal will get a spotlight in court this week, as trials for three former Wells Fargo executives — former Chief Auditor David Julian, former Executive Audit Director Paul McLinko and former community bank group risk officer Claudia Russ Anderson — are slated to begin Monday. The OCC is seeking penalties of $10 million from Russ Anderson, $7 million from Julian and $1.5 million from McLinko, American Banker reported this month. The agency alleges the three executives failed to perform their duties and responsibilities adequately, contributing to systemic issues at the bank. OCC examiners charged the former executives in January 2020, when it also announced a settlement with ex-Wells Fargo CEO John Stumpf, who paid a $17.5 million penalty and is barred from the banking industry. Stumpf and fellow former Wells CEO Tim Sloan are among a list of potential witnesses for Monday’s trial. Lawyers for the defendants are trying to focus attention on flaws in the OCC’s supervision. The OCC missed several opportunities to reel in the bank’s sales-related misconduct, according to a government watchdog report published last September. “According to OCC examiners, historically, Wells Fargo had a solid reputation,” the report said. Scharf, in Thursday’s press release, continued his conciliatory tone regarding penalties radiating from the 2016 scandal.  “We have done substantial work designed to ensure that the conduct at the core of the consent order — which was reprehensible and wholly inconsistent with the values on which this company was built — will not recur,” he said. Incidentally, the bank last week named a new executive, Ann Thorn, to lead its home lending servicing group. The move, Wells Fargo said, is unrelated to last week’s mortgage-related penalty. Thorn is replacing Jeff Smith, who announced his retirement in January.

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