Federal banking regulators extended the comment period for their controversial risk-retention proposal to Aug.1 after meeting with the American Bankers Association, the Mortgage Bankers Association, the National Association of Realtors and consumer groups last Thursday. The proposed rule generally would require sponsors of asset-backed securities to hold on to a minimum 5 percent of the credit risk of the assets underlying their securities. Among the most controversial aspects of the proposal is its...

Weichert Financial/Mortgage Access Corp., an agency/jumbo mortgage lender in 43 states, reached a settlement with the banking regulators of 10 states after a multi-state examination found numerous compliance and internal control deficiencies, including the use of an “interstate lending desk” to facilitate the origination or completion of mortgage applications by originators that were not licensed in the appropriate jurisdictions. “The multi-state mortgage examination program was initiated to enhance consumer protection, foster a culture of compliance within the industry, and hold...

The Department of Housing and Urban Development is cracking down on discriminatory practices against expectant mothers as it announced charges filed against a private mortgage insurance company and a major lender as well as a $750,000 settlement agreement with another lender for similar offenses. During a news conference last week, HUD officials laid out the department’s charges against Mortgage Guaranty Insurance Corp., PNC Mortgage and others for allegedly discriminating against pregnant loan applicants in violation of the Fair Housing Act. The FHAct prohibits...

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...