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CFPB Rulemaking Authority Sans Confirmed Director Unclear

July 1, 2011
Staff at the Consumer Financial Protection Bureau can proceed with their integrated mortgage disclosure project, “know before you owe,” without having a confirmed director in place, and they might even be able to release a proposed rule before a chief is confirmed by the Senate. But any final rule issuance on the bureau’s part would likely prompt a legal challenge from somewhere within the mortgage finance industry, according to some leading industry attorneys. …
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News Briefs

July 1, 2011
Morgan Keegan, a brokerage subsidiary of Regions Financial, agreed to pay $200 million last week to settle fraud charges related to subprime mortgage-backed securities. The settlement was reached with the Securities and Exchange Commission, state regulators and the Financial Industry Regulatory Authority. The regulators accused Morgan Keegan of causing the false valuation of subprime MBS in five funds managed by Morgan Asset Management from January to July 2007. The settlement also states...
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House Appropriations Caps CFPB Budget at $200 Million

July 1, 2011
The House Appropriations Committee, in a politically charged move, has approved a $19.9 billion spending bill that will affect regulators and the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Among the visible implications of the budget package, which is almost $2 billion (9 percent) below last year’s funding level and almost $6 billion below President Obama’s FY2012 request – is a double move on the controversial Consumer Financial Protection Bureau…
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FTC Settlement Bans Firm, Owners From Loan Modification Business

July 1, 2011
Under a settlement with the Federal Trade Commission, a federal court has banned First Universal Lending and its three owners, Sean Zausner, David Zausner and David Feingold, an attorney in Palm Beach Gardens, FL, from the mortgage modification business and ordered them to pay almost $19 million for consumer refunds. The defendants allegedly deceived distressed homeowners with phony claims that they would negotiate with their respective lenders to modify their mortgages and make them more affordable ...
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HUD Takes a Hard Line on SAFE Act Licensing Proposed Rule

July 1, 2011
If you make your living originating residential mortgages, you’re going to have to be licensed either by the state or by the Nationwide Mortgage Licensing System and Registry under the federal Secure and Fair Enforcement for Mortgage Licensing Act, otherwise known as the SAFE Act, under a new final rule from the Department of Housing and Urban Development. …
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HUD Begins Screening ‘High Risk’ FHA Lenders

July 1, 2011
The Department of Housing and Urban Development is conducting an in-depth review of mortgage lenders, including those that pose the highest risk, in anticipation of a drastic reduction in the number of FHA lenders because of recent FHA reform measures. Responding to a recent report by the HUD Office of the Inspector General on the FHA lender recertification process, HUD said its Lender Approval and Recertification Division has begun manual reviews of 200 FHA-approved lenders that could potentially spell trouble for the agency. The more detailed reviews are part of HUD’s implementation of a final lender-related rule issued in June last year. The rule increased...
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Banks Told to Review Compliance With Foreclosure Agreement

July 1, 2011
All banks under the supervision of the Office of the Comptroller of the Currency that engage in mortgage servicing must review their practices and make sure they are complying with foreclosure laws, conducting foreclosures in a safe and sound manner, and establishing responsible business practices that provide accountability and appropriate treatment of borrowers, the OCC said. …
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State Roundup

July 1, 2011
Florida. Gov. Rick Scott (R) has signed H.B. 951, which ratifies the validity of electronic documents submitted to and accepted by a court clerk or county recorder for recordation, whether or not those documents complied with applicable e-document-related laws and regulations at the time. Louisiana. Gov. Bobby Jindal (R) has signed H.B. 492, which exempts from the mortgage loan originator licensing requirement set forth under the Louisiana Residential Mortgage Lending Act certain individuals…
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Federal Roundup

July 1, 2011
Consumer Financial Protection Bureau Integrated Mortgage Disclosure Project. The CFPB has issued a second set of mortgage disclosure prototypes for public review and comment, with a particular emphasis on borrower payments or fees necessary to close a mortgage. In the first set, the back page was identical on both versions, but the “shopping sheet” front page was different. In the second set, the first page is the same on both versions, with substantial differences…
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Worth Noting

July 1, 2011
The Financial Crimes Enforcement Network reported that mortgage fraud related suspicious activity reports rose 31 percent to 25,485 in the first quarter of the year, due to mortgage lenders conducting more reviews after receiving demands to repurchase poorly performing mortgages. Treasury Under Secretary for Domestic Finance Jeffrey Goldstein is leaving the department as of the end of July. He has been one of President Obama’s go-to guys when it comes to rehabbing the financial…
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