This past week, a majority of participants in an Inside Regulatory Strategies online poll were dismissive of the Consumer Financial Protection Bureau and whether it’s needed and ought to be kept around. Participants were asked, “based on the agency’s regulatory pronouncements and announcements to date, how do you think the agency is doing?” As of press time, 43 percent agreed that, “It’s not needed and should be closed down.” Another 29 percent agreed that, “It’s doing the best it can, but it needs a permanent director.” The remaining 29 percent sided with the view that, “It’s too early to tell what kind of job the CFPB is doing.” No one agreed with the position that, “It’s doing a good job of balancing consumer protections with regulating the mortgage industry.”

When it comes to contemplating the wide range of mortgage lending compliance challenges in 2012, it might be useful to borrow from former Defense Secretary Donald Rumsfeld: there are “knowns,” things we know and things we know we don’t know, and there are “unknowns,” things we don’t know that we don’t know.In terms of some of the “knowns,” the mortgage servicing exam procedures released back in October by the Consumer Financial Protection Bureau provide a roadmap for some of the emphasis areas mortgage lenders can expect from their new regulator, according to Christopher Willis, partner in the Atlanta office of Ballard Spahr. “I think fair lending is going to be a very big emphasis area for them,” he said. The recent settlement between the Department of Justice and Bank of America “sets the stage for that to continue to be a very public, very big issue. And that was an origination case; that wasn’t even a servicing case.“And if you read the mortgage servicing exam procedures, the CFPB is saying they want to apply fair lending analysis to things like foreclosures and loan modifications,” he added. “I think that’s going to be a major source of activity.”

President Obama’s contentious recess appointment of Richard Cordray, his nominee to head the Consumer Financial Protection Bureau, sets the stage for legal challenges by mortgage lenders affected by actions of the CFPB. One interesting angle that has emerged in discussions with industry attorneys so far is the possibility that, sometime in the future, an aggrieved mortgage lender or servicer that becomes the focus of a CFPB enforcement action could block it by challenging the legality of the action. A company might be able to do so on the basis that the bureau may have acted unlawfully by utilizing an authority it really didn’t have because the CFPB director might not have been legally confirmed by the Senate. “There are issues with this appointment,” said Anne Canfield, executive director of Canfield & Associates, the first of which is the question of whether the Senate is in session or in recess.

The Countrywide Financial legacy continues to sour for Bank of America, which recently was compelled to agree to pay $335 million to settle charges that Countrywide allowed pricing discrimination against African American and Hispanic borrowers, along with unchecked steering to subprime loans, when similarly qualified Caucasian borrowers were given prime loans at lower cost. It’s the largest fair lending settlement to date. This is the first time that the Justice Department has alleged and obtained relief for borrowers who were steered into mortgages because of their race or national origin, government officials said. The settlement – which requires court approval – mandates that Countrywide implement policies and practices to prevent discrimination if it returns to the lending business during the next four years. Countrywide currently operates as a subsidiary of Bank of America but does not originate new loans.

President Barack Obama surprised the mortgage lending industry and friend and foe alike with a controversial decision to make a recess appointment of Richard Cordray as director of the Consumer Financial Protection Bureau, even though Congress technically remains in session. Assuming the recess appointment of Cordray proceeds without a challenge (see related story on page 2), it’s now “game on” for the CFPB and the mortgage lending industry, according to Christopher Willis, a partner in the Atlanta office of the Ballard Spahr law firm. “Unless the appointment is successfully challenged, this move will open up a whole range of powers to the bureau, including the power to regulate non-bank players and the authority to act under the ‘unfair, deceptive or abusive’ provisions in the Dodd-Frank Act,” he said. “That sets the stage for whether someone wants to challenge that power.”

The number of FHA endorsements grew by a whisper in November, up 0.2 percent to 88,206 from 88,060 in October, and down a screaming 32.8 percent from last year, according to Inside FHA Lending’s analysis of agency data. Endorsements for the month totaled $14.5 billion, with purchases and first-time homebuyers leading the way. Approved lenders accounted for the bulk of originations during the month, 79.8 percent. Purchase transactions comprised 64.8 percent of total originations for the month. An estimated 96.1 percent of loans insured by FHA were fixed-rate mortgages. Purchase loans with FHA...

The Department of Housing and Urban Development has awarded more than $10 million for housing counseling services to help homeowners resolve mortgage delinquencies, defaults and foreclosure in order to preserve homeownership. Funding was given to 26 national and regional organizations, and 139 state and local housing agencies that already provide housing counseling services to minority and first-time homebuyers. Under the department’s Housing Counseling Program, HUD partners with qualified nonprofit organizations to provide housing counseling to low- and moderate-income individuals and families...

MGIC Investment Corp. pumped $200 million into its ailing mortgage insurance operation, Mortgage Guaranty Insurance Corp., to increase its statutory capital and enable it to continue writing new business. The capital infusion is part of a survival strategy mapped out by the private MI company two years ago, with the concurrence of the Wisconsin Office of the Commissioner of Insurance (OCI), Fannie Mae and Freddie Mac. The strategy included a waiver from the OCI capital requirements as well as approvals by the two government-sponsored enterprises of MGIC’s subsidiary, MGIC Indemnity Corp. (MIC), as an...

Veterans will be able to borrow up to a possible maximum of $625,500 in some high-cost areas to purchase or refinance a single-family house under the Department of Veterans Affairs’ loan limits for 2012. The amount of mortgage a veteran could qualify for would depend on the median county price and the VA’s new method for calculating loan limits on a county-by-county basis. In Hawaii, Guam, Alaska and the Virgin Islands, limits will range from $625,500 to as much $938,250, the agency said. A list of VA county loan limits has been posted on the agency’s web site. The VA does not have a maximum loan limit...

The Department of Veterans Affairs has liberalized the requirements for modification of VA-guaranteed loans and has provided servicers with more options to help veterans avoid foreclosure. Final rules published recently in the Federal Register show changes to requirements related to the calculation of interest rates on modified loans as well as foreclosure costs that may be rolled into the modified loan balance. The rules also give mortgage servicers the flexibility to modify VA loans without seeking prior approval from the VA, thus speeding up assistance to veteran borrowers facing...