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Wells Says False Claims Act Case Violates Servicing Settlement

November 12, 2012
Wells Fargo is contesting a complaint filed by the federal government that alleges the bank falsely certified loans under the FHA’s Direct Endorsement Lender Program in violation of the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act. The Department of Justice and the Department of Housing and Urban Development are asserting that from May 2001 through October 2005, Wells regularly and knowingly participated in the reckless origination and underwriting of FHA loans...
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CFPB Announces New Appeals Process For Adverse Findings

November 12, 2012
The CFPB has issued a new appeals process by which institutions under its supervision can contest certain adverse findings. However, industry attorneys are both skeptical and concerned. gThe bureau recently began issuing examination reports and supervisory letters to financial service providers that it supervises,h the bureau said in Bulletin 2012-07. gToday we are implementing a policy that would allow our supervised entities to appeal certain supervisory findings in those examination reports and supervisory letters.h...
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Bureau Exams Find Problems With Credit Cards, Mortgages

November 12, 2012
The CFPB has come out with a report highlighting problems that the agencyfs examiners found during their reviews of nonbanks and banks with more than $10 billion in assets that were conducted from July 2011 through September 2012. The deficiencies they found included improper procedures related to credit line increases for credit card holders under the age of 21, inadequate training on fair credit reporting requirements, and violations of mortgage disclosure requirements...
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CFPB, Bank Regulators Opposed To Independent Regulatory Bill

November 12, 2012
The CFPB and the federal banking regulators have jointly written a key panel in the U.S. Senate to express their opposition to legislation that would permit the president to require all independent agencies to undertake numerous additional steps and analyses as part of the rulemaking process. Introduced by Sens. Mark Warner, D-VA, Rob Portman, R-OH, and Susan Collins, R-ME, S. 3468, the “Independent Agency Regulatory Analysis Act of 2012,” would authorize the president to require independent regulatory...
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State Regulators Urge CFPB to Move Carefully With Disclosure

November 12, 2012
Four associations representing state financial regulators told the CFPB they generally support most of what the bureau is proposing in integrating the disclosures consumers receive when they shop for a mortgage. However, they emphasized the importance of proceeding cautiously as the bureau moves ahead with the proposed rules that would amend the mortgage disclosures under Regulation Z, which implements the Truth in Lending Act, and Regulation X, which implements the Real Estate Settlement Procedures Act...
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Status Quo Election Means Full Speed Ahead at the CFPB

November 12, 2012
The CFPB is widely expected to proceed as fast as possible with its heavy regulatory and rulemaking responsibilities, now that President Barack Obama has fended off his Republican challenger for the White House, Mitt Romney, and Democrats have strengthened their control of the U.S. Senate. Created by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFPB has a single director, a limitless funding stream via the Federal Reserve, and little congressional oversight as compared to the other agencies...
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Speculation Mounts That CFPB Director Cordray to Move On

November 12, 2012
Well-informed sources in Washington, DC, are suggesting that Richard Cordray, head of the CFPB, is interested in moving on before the end of his term, despite the fact that the election results strengthen the hand of the agency he’s running. Under the Dodd-Frank Act, the director of the bureau is appointed to a five-year term by the president, with the advice and consent of the Senate. Cordray was nominated by President Obama, but was not confirmed by the U.S. Senate. He therefore may serve as a recess appointee until...
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Around the Industry

November 9, 2012
GSEs, Private MIs Agree to Drop Pre-Approval Requirements. Fannie Mae and Freddie Mac and the private mortgage insurance industry have agreed to eliminate pre-approval requirements for foreclosure alternatives, such as short sales and deeds-in-lieu of foreclosure. The separate agreements with MIs should help distressed homeowners avoid foreclosure by doing away with costly, time-consuming MI reviews that delay foreclosure-prevention transactions, according to the government-sponsored enterprises. WIMC Fully Acquires Reverse Mortgage Solutions. Walter Investment Management Corp. has completed its $120 million acquisition of ...
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FHA, VA Suspend Foreclosures in Disaster Areas

November 9, 2012
Hurricane Sandy homeowners with FHA and VA mortgages have been given temporary relief, including a 90-day suspension on foreclosures and as much as 100 percent financing for victims who have lost their homes. The Department of Housing and Urban Development and the Department of Veterans Affairs have announced federal disaster assistance to hard-hit areas in Connecticut, New York and New Jersey. Both agencies announced a three-month freeze on foreclosures in the affected areas as well as forbearance on foreclosures of FHA and VA home loans. The VA advised its lenders that careful counseling should ...
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No Major FHA Changes Expected in Obama 2.0

November 9, 2012
A second-term Obama administration is expected to continue support for lowering maximum loan-to-value ratios and upward premium pricing to strengthen the FHA’s Mutual Mortgage Insurance Fund, according to the Mortgage Bankers Association. While President Obama has indicated an interest in reducing the FHA’s presence in the mortgage market for a larger private sector role in mortgage finance, he is inclined to proceed cautiously so as not to disrupt consumer access to affordable FHA financing, said MBA President/CEO David Stevens. Stevens observed that Obama has been ...
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