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Home » Topics » Inside Mortgage Finance » Legislation

Legislation
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Senate Bill Seeks GSE Reform ‘Jumpstart’

March 15, 2013
Legislation introduced this week by a bipartisan group of senators would seek to “jumpstart” the stalled effort in Congress to implement legislative reform of Fannie Mae and Freddie Mac, but industry observers say the measure may also act to hinder cash grabs by government officials when the Treasury Department begins its “sweep” of the GSEs’ profits. The Jumpstart GSE Reform Act – sponsored by Sen. Bob Corker, R-TN, with co-sponsors Sens. Mark Warner, D-VA, David Vitter, R-LA, and Elizabeth Warren, D-MA – would prohibit any increase in Fannie’s and Freddie’s guaranty fee from offsetting other government spending. “The reality is that if Congress were to spend g-fee revenue from the GSEs on other programs, reforming these mortgage behemoths would become nearly impossible,” said Corker.
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GOP Budget Would Wind Down GSEs, Fat Chance Say Experts

March 15, 2013
House Republicans’ proposed budget for next year would see Fannie Mae and Freddie Mac wound down as part of an effort to “end corporate welfare” in the housing sector. The GOP’s 91-page “Path to Prosperity” proposal for Fiscal Year 2014 gives scant mention to the two GSEs – less than two full paragraphs. House Budget Committee Chairman Paul Ryan, R-WI, the proposal’s author, seeks to “drastically decrease” Fannie’s and Freddie’s market dominance by gradually ending their government guarantees and taxpayer subsidies.
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No Sign of a Compromise on Cordray Appointment, CFPB Director Willing to Share Budget Details

March 14, 2013
Republicans on the Senate Banking, Housing and Urban Affairs Committee got a tougher time from their Democrat counterparts than Richard Cordray got from the Republicans during this week’s hearing on his re-nomination to be the director of the Consumer Financial Protection Bureau. Political observers see that as a sign of GOP confidence in the leverage they have in trying to compel President Obama and his allies on Capitol Hill to agree to some key changes to the bureau in exchange for installing Cordray for a second term at its helm. Republicans continue...
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Senator Seeks New Justice Dept. Review Of Settled Double-Billing LPS Allegations

March 14, 2013
A U.S. Senator’s call for a Department of Justice investigation into whether Lender Processing Services used an improper fee structure to double-bill underwater homeowners for servicing fees related to processing foreclosures and bankruptcies is off the mark and old business, say industry observers. In a letter sent last week to Attorney General Eric Holder, Sen. Ron Wyden, D-OR, cited concerns brought to his attention by an industry professional that Jacksonville, FL-based LPS engineered a scheme to charge homeowners or mortgage investors for foreclosure-related legal services provided by the company’s preferred network of law firms. Banks using LPS network law firms would receive free access to the firm’s mortgage-processing software, according to the letter. “The ramifications of this case, however, seem...
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SCOTUS Opinion on Statute of Limitations in Fraud Cases Narrows SEC’s Ability to Seek Civil Penalties

March 14, 2013
The U.S. Supreme Court last week unanimously decided a securities fraud case that could cause the Securities and Exchange Commission to act sooner rather than later in bringing enforcement actions against MBS fraud. In Gabelli et al. v. Securities and Exchange Commission, SCOTUS ruled that in an SEC action to recover civil penalties, the five-year statute of limitations begins ticking when the fraud occurs, not when it is discovered. Reversing an opinion by the U.S. Court of Appeals for the Second Circuit, SCOTUS rejected...
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Legislation to Watch

March 11, 2013
H.R. 450: The Bureau of Consumer Financial Protection Accountability Act, introduced by Rep. Bill Posey, R-FL, would amend the Consumer Financial Protection Act of 2010 to bring the CFPB into the regular appropriations process. The bill is a re-introduction of H.R. 1640 from the 112th Congress. Current status: referred to House Financial Services Committee. S. 190: The Restoring the Constitutional Balance of Power Act of 2013, introduced by Sen. Mike Johanns, R-NE, would prohibit the transfer of funds from the Federal Reserve that would be used by the CFPB “to carry out activities that are authorized...
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Private MIs Propose Risk-Sharing with FHA

March 8, 2013
An FHA risk-sharing proposal that almost got off the ground in the early 1990s has sparked lawmakers’ interest during a recent Senate hearing as one way to reduce FHA losses and taxpayer risk exposure while allowing private capital to reenter the market. Testifying before the Senate Committee on Banking, Housing and Urban Affairs on FHA reforms, Teresa Bryce Bazemore, president of Radian Guaranty, urged lawmakers to authorize the FHA to enter into risk-sharing arrangements with private mortgage insurers. Bazemore said the proposal is intended to prevent future FHA borrowers from ...
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HUD to Post Sequestration Details on Website

March 8, 2013
The Department of Housing and Urban Development said it will share information soon on the estimated impact of mandatory, across-the-board spending cuts on HUD/FHA programs and their recipients. A HUD spokesman declined to put a sequestration tag on all affected programs, including FHA, saying details would be available as soon as the department notifies all HUD funding recipients of automatic spending cuts that went into effect last week. The mandatory cuts to defense and discretionary spending kicked in after Congress failed to enact a plan to reduce the deficit by $1.2 trillion over 10 years, as required by ...
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HFSC Suggests ‘User Fees’ but FHA has Doubts

March 8, 2013
Expressing its views and estimates for the Fiscal Year 2014 budget, the House Financial Services Committee remains concerned that the FHA has not fully exercised its powers to protect its mortgage insurance fund and urged the agency to begin charging additional user fees to strengthen its financial footing. Apparently, there is a hitch in that proposal. It seems the Department of Housing and Urban Development does not charge user fees and to do so would probably need clear authorization from Congress, said a HUD spokesman. It is not clear what the committee meant by ...
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Industry Seeks Expanded HECM Powers for HUD

March 8, 2013
The reverse mortgage lending industry has asked Senate lawmakers to expand the Department of Housing and Urban Development’s authority to strengthen its oversight of the Home Equity Conversion Mortgage program. Testifying before the Senate Committee on Banking, Housing and Urban Affairs recently, Peter Bell, president of the National Reverse Mortgage Lenders Association, said it is crucial for HUD to be able to act swiftly to reduce the risk the program poses to the FHA insurance fund. Bell said HUD needs to implement changes “in a matter of months, not years” and for that to happen, it would need authority from Congress to ...
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