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State Roundup

March 14, 2011
Arizona. The state Senate has passed S.B. 1259, which would require lenders to produce the full chain of title or risk the foreclosure sale being voided. The GOP-sponsored bill passed by a vote of 28-2 and is now being considered in the state House. The purpose of the bill is to require...
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Federal Roundup

March 14, 2011
Federal ReserveLO Compensation Webinar. The Fed will host a webinar on March 17 to answer questions and provide an update on the controversial loan officer compensation rule, which takes effect April 1. Securities and Exchange Commission Mortgage Firm, Top Executive Charged...
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OCC, Agencies Clash Over Servicer Penalties

February 28, 2011
Federal regulators are deeply divided on the amount of fines and the scope of procedural changes that should be imposed against major mortgage servicers to settle state and federal claims of fraud and other improprieties in the home foreclosure process. While no settlement agreement has been reached...
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Foreclosure Issues Spill Over to Bankruptcy

February 28, 2011
Many of the allegations made in the context of mortgage foreclosures are making their way into bankruptcy courts as a result of the robo-signing mess, according to compliance experts. Bankruptcy judges are now looking closely at mortgage documents, particularly with respect to proofs-of-claim and other affidavits and attestations of ownership and standing that must be made...
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Loan Servicers Expect Penalties, Sanctions from Federal Agencies

February 28, 2011
Major mortgage servicers are bracing for the worst as a result of the recent state and federal investigations of foreclosure irregularities, securities filings show. Foreclosure-related probes by numerous federal agencies and a multistate task force of attorneys general could result...
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State Roundup

February 28, 2011
Florida. State Attorney General Pam Bondi has launched a civil investigation into the foreclosure practices of a Ft. Lauderdale law firm shortly after Fannie Mae quit sending business to the firm. Ben-Ezra & Katz and its principals, Marc Ben-Ezra and Marvin Katz, are...
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Federal Roundup

February 28, 2011
House Financial Services CommitteeBills to Shut Down Ineffective Foreclosure Programs. Financial Services Committee Chairman Spencer Bachus, R-AL, announced a subcommittee hearing and a full committee markup of four bills that will eliminate...
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Worth Noting

February 28, 2011
  • The Federal Trade Commission has announced the appointment of Edward Hassi as chief litigation officer for the agency’s Bureau of Competition. He replaces J. Robert Robertson, who left the agency in 2010 to return to private practice. Hassi is formerly a partner at the Washington, DC, law firm O’Melveny & Myers, where he served...
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    Worth Noting

    February 14, 2011
    H.R. 463 has been introduced in the House of Representatives to extend the Freedom of Information Act to Fannie Mae and Freddie Mac during periods when they are in conservatorship or receivership, as they are now. Rep. Jason Chaffetz, R-UT, who introduced the bill, noted that...
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    DOJ Reports Increasing ‘Fair Servicing’ Cases

    February 14, 2011
    The Department of Justice and state attorneys general are watching the mortgage servicing arena closely for signs of unfair or discriminatory business practices, and whether minority borrowers are receiving loan modifications on par with similarly situated non-minority borrowers. While fair lending on the loan origination side remains...
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