Consumer and civil rights groups are up in arms over the Office of the Comptroller of the Currency’s recent interpretation of preemption under the Dodd-Frank Act, which would allow the OCC to generally retain its existing preemption regulations. The uproar stemmed from a letter the OCC sent to certain members of Congress on May 12 lay-ing out the agency’s views of its preemption powers under the new preemption provisions of Title X of the Dodd-Frank Act. Those views have been embodied in a proposed OCC rulemaking implementing several DFA provisions, including...

The Home Affordable Refinance Program generated 8.2 percent less business during the first quarter of 2011 than in the previous three-month period, according to new government data. Although overall HARP activity slowed in early 2011, there was a measurable increase in refinances of performing Fannie Mae and Freddie Mac loans that had current loan-to-value ratios exceed-ing 105 percent. But such loans accounted for only 1.7 percent of total refi activity by the two govern-ment-sponsored enterprises. HARP transactions accounted for...[includes one data chart]

Mortgage lenders have a number of questions about the two new prototype disclosure forms circulated for public comment recently by the Consumer Financial Protection Bureau, but none of the issues appears to be a deal-breaker...

Republicans in Congress appeared to pull one over on President Obama and any intention he may have to make a recess appointment of Elizabeth Warren to be the first head of the new Consumer Financial Protection Bureau. House Speaker John Boehner, R-OH, refused to allow a vote on the Senate’s adjournment resolution, preventing...

The states and the federal government continue to rack up some key legal settlements with various mortgage servicers. One such settlement was brought about by the Ohio Attorney General and the state Department of Commerce against Carrington Mortgage Services involving a lawsuit that was filed against the subprime servicer back in 2009. The two Ohio agencies and Carrington agreed to mortgage servicing standards that will apply...

Office of the Comptroller of the CurrencyFederal Reserve SystemFederal Deposit Insurance Corp.Securities and Exchange CommissionFederal Housing Finance AgencyDepartment of Housing and Urban Development Credit Risk Retention – Proposed Rule: Comments Due. Public comments on the interagency proposed rule on credit risk retention are due June 10, 2011. (See...

The chairman of the House Budget Committee said this week that a full and transparent accounting of the cost to taxpayers of the federal takeover of Fannie Mae and Freddie Mac is the first, best step to determine how to wind down the two government-sponsored enterprises.During a hearing on taxpayer exposure in the housing markets relating to Fannie, Freddie and the FHA, Rep. Paul Ryan, R-WI, took aim at the White House’s plan for a post-GSE mortgage market. “While the Treasury Department has put forward a ‘framework for reform,’ the Obama administration still...

New issuance in the agency MBS market declined again in May, falling to the lowest monthly production level since the depths of the global liquidity crisis over two years ago. According to a new Inside MBS & ABS analysis and ranking, Fannie Mae, Freddie Mac and Gin-nie Mae issued a combined total of $71.05 billion of new single-family MBS last month, a decline of 7.7 percent from April’s production. May marked the fifth consecutive decline in monthly agency MBS volume since last year’s refinance boom peaked in December. It was also the lowest monthly production level since... [Includes one data chart]

Fannie Mae this week nearly doubled the total output of the non-agency MBS market in 2011 with a new REMIC backed by FHA home-equity conversion mortgages. The government-sponsored enterprise provided a guaranty wrap on Mortgage Equity Conversion Asset Trust 2011-1, a $9.26 billion transaction backed by HECM loans originated and serviced by Bank of America. Through the first four months of the year, total non-agency MBS production came to just $9.98 billion – most of which were re-securitizations. Fannie said it intends to...

A revival in the non-agency MBS market may still be years away because of competing and seemingly contradictory government objectives for housing finance, according to a new analysis from Standard & Poor’s. The government is doing many things all at once to resuscitate the housing market and hasten economic recovery, but those efforts may actually place recovery on a slow track, said Erkan Erturk, an S&P research analyst and author of the report. Erturk concludes that the housing downturn drove the securitization market away from...