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Massachusetts Sues Five Banks for Foreclosure Servicing; Nevada and California AGs Announce Joint Investigation

December 8, 2011
Massachusetts Attorney General Martha Coakley sued five major lenders late last week for allegedly illegal foreclosure practices. One of the firms, GMAC Mortgage, responded by pulling out of Massachusetts lending, prompting Coakley to request a Congressional investigation of GMAC. This week, the AGs of California and Nevada followed suit with a joint announcement of a dual mortgage fraud probe. “We have two clear goals with this lawsuit,” Coakley said. “One is to provide for real accountability for the roles the banks have played in unlawful and illegal foreclosures and second...
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House Democrats: Repealing Risk Retention Provision is Deal-Killer for Mortgage Reform

December 8, 2011
The proposal drafted by a senior House Republican that aims to lure private capital into the secondary mortgage market received the general support of industry witnesses at a hearing this week, but Democratic lawmakers say repealing key features of the Dodd-Frank Act would be a non-starter. The Private Mortgage Market Investment Act, drafted but not yet filed by Rep. Scott Garrett, R-NJ., would create a heavily regulated mortgage-backed securities market made up solely of private entities that would function with no federal guarantee at all. Under the bill, the Federal Housing...
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Mortgage Attorneys Leave Large DC Firm to Form Group in Another Shop

December 8, 2011
Patton Boggs, a large Washington DC-based law and lobbying firm, has seen an en masse exodus of its mortgage banking lawyers. Ballard Spahr created a Mortgage Banking Group for the three Patton Boggs partners and an associate, while Dykema welcomed two senior attorneys to its growing Financial Services Regulatory and Compliance practice. Patton Boggs did not return calls for comment regarding the future of its own mortgage practice, and the departed lawyers would not speculate as to the future of their former firm. Partners Richard Andreano, John Socknat and Michael Waldron...
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Mass. A.G. the Latest to Act Against Lenders

December 5, 2011
In a move that further complicates the 50-state settlement discussions between the mortgage servicing industry and state attorneys generals, Massachusetts Attorney General Martha Coakley, D, has sued a handful of top mortgage lending banks for allegedly pursuing illegal foreclosures and “deceptive loan servicing.”The targets of Coakley’s actions are Bank of America, Wells Fargo, JP Morgan Chase, Citi and GMAC, as well as Mortgage Electronic Registration System, Inc.“The single most important thing we can do to return to a healthy economy is to address this foreclosure crisis,” Coakley said. “Our suit alleges that the banks have charted a destructive path by cutting corners and rushing to foreclose on homeowners without following the rule of law. Our action today seeks real accountability for the banks’ illegal behavior and real relief for homeowners.”
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CFPB Begins Regulation Streamlining Project

December 5, 2011
The mortgage lending community now has a prime opportunity to bring the Consumer Financial Protection Bureau up to speed on the concerns it has with a number of the regulations it has to contend with.Last week, the CFPB formally solicited public input on how to streamline the regulations that have been promulgated under more than a dozen consumer financial laws that the agency inherited from seven federal agencies as per the Dodd-Frank Wall Street Reform and Consumer Protection Act.“The inherited regulations serve important public policy purposes and provide key protections to consumers,” the CFPB said in its proposed notice and request for information, which was published in the Dec. 5, 2011, Federal Register. “But the bureau believes there may be opportunities to streamline the inherited regulations by updating, modifying, or eliminating outdated, unduly burdensome or unnecessary provisions.”
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CFPB Solicits Input on Collecting Info from State Agency Actions

December 5, 2011
The Consumer Financial Protection Bureau is seeking public input on its plans to collect information about legal actions filed by state officials under authority granted in Section 1042(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This section of the law grants state attorneys general and state regulators the authority to bring legal actions against financial institutions to enforce provisions of Title X of Dodd-Frank and its implementing regulations. Back in July, the CFPB put out an interim final rule laying out the notification procedures regarding state legal action taken. The interim final rule establishes that notice should be provided at least 10 days before the filing of an action, with certain exceptions, and sets forth a limited set of information which is to be provided with the notice.
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OCC Details How Mortgage Servicers are Adopting Reforms

December 5, 2011
The Office of the Comptroller of the Currency provided a status update on the efforts that 12 bank and thrift mortgage servicers are making to comply with the foreclosure practice consent orders they were issued in the spring, a review that documents the extent to which servicing reforms are being implemented.As such, the document may foretell some of the kinds of industry “best practices” that will form the basis of national servicing standards one day.For example, each servicer has established policies and procedures for providing single points of contact to assist borrowers throughout the loan modification and foreclosure processes.
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Obama Making Fresh Push for Cordray as Senate Vote Nears

December 5, 2011
The Obama administration began the week with a media blitz to drum up support for the presidentfs embattled nominee to head up the Consumer Financial Protection Bureau, Richard Cordray, as a vote by the full Senate on his nomination could come on Thursday, Capitol Hill sources indicate.Sunday evening, the White House released a report warning of the dangers American consumers face in the financial marketplace without a director at the helm.gWithout a director, Americans will not be protected from falling prey to many of the harmful practices that contributed to the worst financial crisis since the Great Depression,h the report said. gEvery day that the CFPB goes without a director is another day that American families remain at risk.h
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GOP Lawmaker Presses for Full Accounting of CFPB Expenditures

December 5, 2011
The Consumer Financial Protection Bureau remains a hot topic on Capitol Hill, especially among Republican lawmakers who think it’s got far too much power and far too little accountability. House Financial Services Oversight and Investigations Subcommittee Chairman Randy Neugebauer, R-TX, recently wrote to Treasury Special Advisor Raj Date, seeking a “detailed account of how the Consumer Financial Protection Bureau has spent the funds that have been transferred to it by the Federal Reserve, and CFPB’s plans for those funds that have been transferred but not yet spent.”
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CFPB Modifies Complaint System In Response to Lender Concerns

December 5, 2011
In an unpublicized move, industry sources indicate that the Consumer Financial Protection Bureau told mortgage lending representatives in a Nov. 21 conference call that it has made several systems and process changes related to its mortgage consumer complaint system, in response to a joint comment letter the industry had submitted. Further, the CFPB is said to be already training participating financial institutions on the new system, which is expected to be fully operational any day now. Large banks (those with assets in excess of $10 billion) are to be covered by the system.
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