The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Bank of America to rehire a Countrywide Financial Corp. employee who led internal investigations that revealed “widespread and pervasive wire, mail and bank fraud involving Countrywide employees” and was later dismissed. The employee alleged that those who attempted to report fraud to Countrywide’s employee relations department suffered persistent retaliation. The employee was fired shortly after Countrywide’s acquisition by BofA.

Among the sensitivities associated with the mortgage industry’s foreclosure struggles, none is more fraught with headline risk and the potential for political pressure than foreclosing on an active-duty servicemember of the U.S. military, a top industry attorney told compliance officials this week. “It’s bad enough when you get it wrong on a regular foreclosure action, but when you get it wrong for one of our servicemembers, that’s really where you’re going to have a reputation killer,” Leah Getlan, assistant general counsel at Capital One, told attendees this week at the Mortgage Bankers Association’s annual regulatory compliance conference in the nation’s capital. “I have seen it from time to time, but thankfully, not that often.”

Certain elements of the Dodd-Frank Act such as the new standard related to unfair, deceptive and abuse acts and practices (UDAAP), along with the Federal Reserve’s “ability to repay” provisions proposal, present “significant litigation risk” to lenders, a top litigation attorney told industry representatives early this week. Speaking to attendees at the Mortgage Bankers Association’s regulatory compliance conference in Washington, DC, on Sunday, Andrew Stutzman, a partner with Stradley, Ronon, Stevens & Young LLP, said, “I’m very troubled by Dodd-Frank in many respects. I think it … and the regulations that are coming out and have come out – the Fed’s ability-to-repay proposal – are extremely complicated and extremely confusing.”

Top lender groups are asking the Consumer Financial Protection Bureau to provide a little more clarification to its recent interim final regulation on alternative mortgage transactions, particularly when it comes to the definition of such a transaction. The American Bankers Association and the Mortgage Bankers Association both support the CFPB’s inclusion of renegotiable rate balloon and shared appreciation mortgages within the AMT definition. However, they both asked that some of the reg’s commentary be clarified to explicitly state that preferred rate loans with fixed rates and price level adjusted mortgages, otherwise considered “variable rate transactions,” also be identified as examples of alternative mortgage transactions.

The 14 mortgage servicing firms hit by the enforcement actions brought by the Federal Reserve and the Office of the Comptroller of the Currency can expect to see soon a new process by which individual borrowers facing foreclosure can request an independent review, outgoing Acting Comptroller of the Currency John Walsh told industry representatives last week. “As we explored the best means of ensuring that injured homeowners had the opportunity to seek relief, it became clear that what was needed was a robust, transparent and accessible complaint process that will give borrowers the opportunity to request an independent foreclosure review,” Walsh said at a mortgage regulatory forum sponsored by SourceMedia. “I’m happy to say in the next several weeks you’ll see the roll out of just such a process.”

Fair lending, along with unfair, deceptive and abusive acts and practices (UDAAP), will become increasingly significant and potentially more problematic for the mortgage lending community as regulators at the Consumer Financial Protection Bureau pay more attention to such issues going forward, a top consultant told industry representatives last week. “The keys for mortgage lending, from the enforcement side, are going to be fair lending – the Community Reinvestment Act and fair lending have become very entwined – and UDAAP,” said Jo Ann Barefoot, co-chair of Treliant Risk Advisors and former deputy comptroller of the currency, to attendees of a mortgage regulatory conference sponsored in the nation’s capital by SourceMedia.

Information sharing and the potential erosion of confidentiality and privileged protection will become critically important for the industry as it struggles to keep up with all of the compliance challenges it will face, especially where the new Consumer Financial Protection Bureau is involved. “What scares me more than anything [about the CFPB] is the information-sharing stuff, because they’ve committed themselves to sharing information with the state attorneys general and the banking agencies,” Larry Platt, practice area leader with K&L Gates’ financial services practice, told attendees at a mortgage regulatory conference sponsored in the nation’s capital last week by SourceMedia. “That’s really worrisome because that’s a portal to banks that, in theory, they didn’t otherwise have.”

Ginnie Mae has named PricewaterhouseCoopers as “Securitized Transaction Financial Advisor” for all multiclass securities transactions. Participants will be working with their new multiclass securitization advisor starting in October. All multiclass transaction documents must be emailed to GinnieMaeREMIC@us.pwc.com. The primary transaction contacts are Jim Campbell, Deal Management Team Lead (NY), at James.Campbell@us.pwc.com, (646) 471-6059, and Amanda Liu, Deal Management Team Lead (DC), at Amanda.Liu@us.pwc.com, (202) 414-1392...

Granting the chief financial officer additional oversight authority as proposed by House Republicans would be excessive for a relatively small agency such as Ginnie Mae, the agency’s president told lawmakers. Testifying during a recent House subcommittee hearing on legislative proposals on FHA and Ginnie Mae reform, Ginnie Mae President Ted Tozer said that while he understands the committee’s concerns about the agency’s financial condition, he believes the provision is not necessary. Among other things, the proposal would give Ginnie Mae’s CFO a greater hand in overseeing operations to ensure that the agency is not...

The Department of Housing and Urban Development recently called upon lawmakers to restore funding for its housing counseling, a key eligibility requirement for borrowers under the FHA’s Home Equity Conversion Mortgage program. Deborah Holston, HUD acting deputy assistant secretary for single-family housing, told members of the House Financial Services Subcommittee on Insurance, Housing and Community Opportunity that the department has identified ways to streamline and improve the housing counseling program. House appropriators did not restore funding for the program in the draft FY 2012 appropriations bill released...