Saturday, July 31, 2010

The bell starts to toll for Heritage Banking Group

The Clarion-Ledger reported this morning FDIC ordered Heritage Banking Group to raise more capital:

"In an agreement with the state Department of Banking and Consumer Finance and the Federal Deposit Insurance Corp., Heritage Banking Group was given 90 days to increase capital or submit a plan to state and federal regulators guaranteeing the bank has funds to meet standards..." Article

Hmmm....... where have we heard about Heritage Banking Group before? Maybe here or here. Bankrate gave Heritage its lowest rating after examining its first quarter earnings statements. A quick examination of the balance sheet reveals several interesting items:
1. Provision for loan and lease losses was only $2.1 million
2. Net losses on real estate owned was $152,000.
3. Net income was a net loss of $1.598 million. The previous quarter it was $1.8 million loss.
4. Assets of $238 million.
5. Total liabilities were $225 million.
6. Total loans and leases: $183 million.
7. Page 31: $1.4 million in construction and land loans were 30 days past due, none at 90 but $8.949 million in these loans and another $3.8 million in closed-end residential loans were in the non-accrual column. Not good. This is probably what drew the regulators attention.

Since the Clarion-Ledger did not include the order, here it is: Copy of order. Some quick notes while quickly reading through it:
1. Board must take more active role and assume more responsibility.
2. Bank must hire a consultant acceptable to the government.
3. The consultant must evaluate all management positions and submit a management restructuring plan. In other words, clean house.
4. Bank must raise $6 million in 90 days.
5. No dividends.
6. Tighten lending standards.
7. Bank's board must approve any loan to insiders greater than $50,000. Hmmm.... wonder if anyone was treating the bank as their personal checking account.
8. Pages 11-12. Changes in how nonperforming loans are treated. Government is making them call a spade and spade and start recognizing the bad loans on the books.
9. Bank's board must approve loans to an individual over $250,000. Another hmmm...
10. Bank can't pay overdrafts of any bank officer over $2,500 without approval of loan committee. Funny. Most banks I know take the money out of your paycheck or fire you if you write a bad check.
11. Bank must establish a loan committee. 4 members must be independent.
12. Consultant is to be engaged to review loans.

The feds are clearly making major changes in how the bank operates and the probability is strong the bank will not be able to survive in its current form. Reading the order gives the sense a group of insiders treated it as a personal piggy bank, bad loans were carried on the books and not recognized or charged off, and the bank was poorly managed. Its no secret Sethi is a major player in this bank, the same Sethi who sent a notice to Madison County a few months ago that his company Parkway South, might miss a payment on TIF bonds. The next sixty days should be very interesting.

5 comments:

Rebekah said...

#10- Bank can't pay overdrafts of any bank officer over $2,500 without approval of loan committee.

are you kidding me?! Why on earth WOULD a bank pay a bank officer's overdraft? They should be fired or it should be taken from their paycheck. That is so ridiculous!

Anonymous said...

The Clarion Ledger was rather kind in it's interpretation of the FDIC order concerning Katherine F. Denton. Clarion Ledger:

"Also in January, Kathryn F. Denson, who was affiliated with Heritage, was banned from banking because of "violations, unsafe or unsound banking practices," a complaint on the FDIC's website reads.

Because of Denson's breaches, FDIC said Heritage "will probably suffer financial loss or other damage."

Link to the actual FDIC order is
http://www.fdic.gov/bank/individual/enforcement/2010-01-38.pdf

From the FDIC order:

"The FDIC considered the matter and determined it had reason to believe that:
(a)
The Respondent has engaged or participated in violations, unsafe or unsound banking practices, and/or breaches of fiduciary duty as an institution-affiliated party of the HERITAGE BANKING GROUP, CARTHAGE, MISSISSIPPI (“Bank”);
(b)
By reason of such violations, practices and/or breaches of fiduciary duty, the Bank has suffered or will probably suffer financial loss or other damage and/or the Respondent received financial gain or other benefit; and
(c)
Such violations, practices and/or breaches of fiduciary duty involve personal dishonesty on the part of the Respondent or demonstrate the Respondent's willful and/or continuing disregard for the safety or soundness of the Bank.
The FDIC further determined that such violations, practices and/or breaches of fiduciary duty demonstrate the Respondent's unfitness to serve as a director, officer, person participating in the conduct of the affairs, or as an institution-affiliated party of the Bank, any other insured depository institution, or any other agency or organization enumerated in section 8(e)(7)(A) of the Act, 12 U.S.C. § 1818(e)(7)(A).
The FDIC, therefore, accepts the CONSENT AGREEMENT and issues the following:
ORDER OF PROHIBITION
FROM FURTHER PARTICIPATION
1. KATHRYN F. DENSON is hereby, without the prior written approval of the FDIC and the appropriate Federal financial institutions regulatory agency, as that term is defined in section 8(e)(7)(D) of the Act, 12 U.S.C. § 1818(e)(7)(D), prohibited from:"

Kingfish said...

I think what Laraye Brown did was go into FDIC, run a search on Heritage banking group, and throw together everything she found, regardless if it made sense or had anything to do with the other. Not surprising, she is a lazy reporter and has a reputation for being pretty unprofessional.

Anonymous said...

The story at the C-L was probably average in terms of what many papers would write about a similar set of circumstances.

The average reporter typically does not have either the background nor the time to investigate and do much more than was done.

IMO a significant number would not have found and reported on the Denson matter.

It is obvious that the average media outlet is much more likely to report on what others have exposed, rather than to do the research and investigation to discover and expose things themselves.

Kingfish said...

Sethi and his group took over the bank in April of 2007.

Take a look at their balance sheet from back then and compare it to now. ouch.

First quarter 2007 earnings before Sethi takes over. Sethi now owns 38% of the bank.


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