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State Roundup

May 23, 2011
Florida. The state legislature recently passed SB 1613, which allows licensed loan originators to work as contract loan processors or in-house loan processors, but includes in-house loan processors in certain disciplinary provisions...
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Worth Noting

May 23, 2011
The Office of the Comptroller of the Currency will host workshops for directors of nationally chartered community banks and federal savings associations in New York at the Hilton New York, June 28-29, 2011...
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No Compromise in Sight Over Warren, CFPB

May 23, 2011
There is "not even a whiff of a hint of a compromise" between Congressional Republicans and President Obama and his fellow Democrats in Congress over the possible appointment of Harvard law professor Elizabeth Warren to be director of the Consumer Financial Protection Bureau, according to some industry insiders...
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House Republicans Press To Blunt CFPB's Edge

May 23, 2011
Congressional Republicans are doing just about everything they can- short of calling on U.S. Navy SEAL Team 6 - to weaken, throttle, starve or deep-six the Consumer Finance Protection Bureau before it gets up to full speed...
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Dems Take Off the Gloves, Push Servicing Standards Legislation

May 23, 2011
A handful of Congressional Democrats aren't letting the prospect that legislation they are sponsoring may go nowhere in committee keep them from trying to toughen the terms of the regulatory debate over national servicer standards...
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U.S. Supreme Court Considers Quicken Loan Dispute Over Fees

May 23, 2011
The U.S. Supreme Court last week called upon the Solicitor General for advice on whether the high court should review a case involving allegations that Quicken Loans obtained unearned "loan discount fees" in some mortgage loan transactions in Louisiana, contrary to Section 8(b) of the Real Estate Settlement Procedures Act...
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FDIC Sues LPS, CoreLogic Over Deficiencies in Appraisals

May 23, 2011
The Federal Deposit Insurance Corp., as the receiver of Washington Mutual, earlier this month sued Lender Processing Services of Jacksonville, FL, and CoreLogic of Santa Ana, CA, and their corporate parents and affiliates for a combined $283.5 million, alleging gross negligence and breach of contract related to appraisals performed for hundreds of the defunct lender's mortgages between 2006 and 2008...
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Fed, Experts Delve into Improving Legal Framework Governing the Transfer of Notes and Mortgages

May 20, 2011
Staff at the Federal Reserve Bank of New York and other legal professionals are scrutinizing the fundamental questions the foreclosure crisis has raised about the adequacy of the legal framework for modern mortgage note transactions, especially when it comes to transferring and enforcing notes and mortgages, and how best to resolve them. The role of the Mortgage Electronic Registration System is a part of the discussion. To date, they are relying upon a number of issues that have been identified in a draft discussion document prepared recently by the Permanent Editorial Board of the Uniform Commercial Code, in conjunction with...
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FHA Lenders Warned of Rising FCA Cases

May 20, 2011
Industry attorneys are warning FHA lenders and other users of federal funding to carefully screen loans they originate, or risk a government lawsuit for violation of the False Claims Act. First enacted during the Civil War against government contractors gouging the Union Army, the FCA has expanded beyond defense contractors and health care providers and is now being used aggressively to challenge improper FHA lending practices, according to panelists on a recent webinar hosted by the Washington law firm BuckleySandler. With government insurance increasingly on the hook, federal enforcement along the lines of the recent Department of Justice lawsuit against ...
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FHA Endorsements Drop as Refi Wave Recedes

May 20, 2011
FHA endorsements fell 22.1 percent from the fourth quarter as the refinancing wave of 2010 ended, as did production in other channels in the first quarter of 2011. The FHA endorsed $57.6 billion in 1-4 family mortgage loans in the first quarter, including reverse mortgages, down from $74.0 billion the previous quarter. It lost some market share to VA, whose total originations were up 26.2 percent from the first quarter of last year. The agency reported a 33.8 percent increase in applications in March ... [includes one data chart and one graph]
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