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Home » Topics » Inside The GSEs » Regulation

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Updated CHOICE Act Makes FHFA Director Removable by President

May 5, 2017
The House Financial Services Committee passed the updated version of the Financial CHOICE Act, which includes a new provision that lets the president fire the director of the Federal Housing Finance Agency at will and makes Congress responsible for setting the agency’s budget. The CHOICE Act 2.0 removed the original text, which recommended restructuring the agency to a five-member board. So while the current single-directorship structure would be maintained, the FHFA director can be asked to vacate the position by the president at any time. FHFA Director Mel Watt’s five-year term ends in early 2019. The provisions in this Republican bill would make widespread changes to the Dodd-Frank Act, but...
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MBA Expands on Earlier Fannie, Freddie Reform Proposal

April 21, 2017
The Mortgage Bankers Association, this week, released more details in conjunction with its GSE reform proposal published earlier this year. Expanding on some of the concepts presented in January, the MBA paper includes more detailed end-state reform recommendations including elaborating on the transition plan. The trade group’s approach for reforming Fannie Mae and Freddie Mac calls...
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CFPB Hired 20 More Examiners, Upgrading Tech Capability

April 10, 2017
The CFPB is not letting any grass grow under its feet on the examination and supervision front, the bureau’s latest semi-annual report to Congress shows. Under its previous Examiner Commissioning Program (ECP), which became effective Oct. 27, 2014, the agency had issued 173 commissions to examiners, field managers, and headquarters staff. Under the new ECP, an additional 20 examiners have achieved commissioned examiner status, bringing the total number of commissioned examiners to 187, which accounts for attrition through retirement and departures from the CFPB. On the technology front, the bureau is upgrading its existing examination management software. “The new system will aid the CFPB in supervising and enforcing federal consumer financial law by utilizing current technology to support monitoring of ...
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Cordray Touts Regulatory Review, Streamlining, Modernization

April 10, 2017
In remarks recently at an event of the U.S. Chamber of Commerce, CFPB Director Richard Cordray spelled out how the bureau is trying to aid the mortgage industry’s compliance efforts by promoting greater understanding of its rules, as well as regulatory review, streamlining and modernization. “Our efforts with the mortgage rules went much further than simply reacting passively to industry inquiries (though we have fielded thousands of them),” the director said. “We also took affirmative steps to help the industry understand our rules through publications, videos, webinars, and phone calls with individual institutions.” The bureau adopted a diagnostic and corrective approach to supervision in the early months to ease anxieties about the difficulties of complying with certain components of the ...
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IG: Housing Finance Examiner Commission Program Lagging

April 7, 2017
The Federal Housing Finance Agency Office of Inspector General published several reports on issues related to examiners in late March, including an update on the Housing Finance Examiner Commission Program, which it found to be lagging. The FHFA has acknowledged the need for a commissioned examiner program to provide classroom and on-the-job training to examiners. But, while progress has been made, the IG said more needs to be done to produce commissioned examiners. Of the FHFA examiners that were commissioned, the IG said they were commissioned by other federal or state regulators prior to their work for the FHFA. In 2013, the agency established the...
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CSP Release Delayed to 2019 to Allow More Time For Testing

March 24, 2017
The Federal Housing Finance Agency announced this week that it moved back the anticipated date of “release 2” of the common securitization platform in which both GSEs will use the security, to the second quarter of 2019, instead of 2018. In a progress report update, the FHFA said it decided to delay the project after an “extensive review” of lessons learned from the first release and progress on release 2. The agency said it needs more time for the development, testing, validation of controls, and governance necessary “to have the highest level of confidence that the implementation will be both smooth and successful.”
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Adverse Examination Findings Redefined for 2017 Exam Cycle

March 24, 2017
For the 2017 examination cycle, the Federal Housing Finance Agency recently issued an advisory bulletin for new classifications of adverse findings for the GSEs and the Federal Home Loan Banks. Three designated classifications were established to help examiners define the issues more effectively with hopes of a faster remediation plan. When communicating adverse examination finds to the regulated entities and Office of Finance, the FHFA said the examiners will classify them as either “matters requiring attention, recommendations or violations.” MRAs are broken down into two separate categories: critical supervisory matters and deficiencies. The difference boils down to the nature and severity of the issues requiring corrective action, according to the bulletin.
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FHFA Amends Freedom of Information Act Regulation

March 24, 2017
The Federal Housing Finance Agency issued an interim rule last week that changed some of the components of its Freedom of Information Act regulation, including the fee categories. The interim rule gives notice about the circumstances in which the FHFA can extend its response time to the FOIA request and tells when it should notify the person requesting the information about their right to seek dispute resolution services. In the new FOIA rule, the agency is required to provide a minimum of 90 days for requestors to file an administrative appeal and must notify requesters about available dispute resolution services.
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Corporate Tax Reform’s Potential Impact on Fannie and Freddie

March 10, 2017
Fannie Mae and Freddie Mac could have a harder time recapitalizing if their deferred tax assets are negatively impacted by corporate tax reform, according to one GSE spectator. The Trump administration said it plans to restructure taxes before housing reform. Industry observers, like former Fannie Mae CFO Tim Howard, speculate on what impact that would have on Fannie and Freddie. Howard said that putting housing reform behind tax reform adds a “complication to the task of ultimately recapitalizing the companies, should that be what [Treasury Secretary Steven] Mnuchin chooses to do.” Mnuchin recently made public comments on network news stating that while housing reform is one of his priorities, it’s going to take more time.
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CHOICE Act 2.0 Would Retain, Restructure CFPB, Gut its Power

February 13, 2017
House Financial Services Committee Chairman Jeb Hensarling, R-TX, is looking to retain the CFPB, restructure key parts of the agency, and drastically limit its authority, Inside the CFPB has learned.According to a draft memorandum of the major changes to Hensarling’s Financial CHOICE Act, now dubbed CHOICE Act 2.0, the bureau “is to be retained and restructured as a civil law enforcement agency similar to the Federal Trade Commission, with additional restrictions on its authority,” as follows: Sole director, removable by the president at will. Rule-making authority limited to enumerated statutes. Unfair, deceptive acts or practices authority repealed in full. Supervision repealed. Consumer complaint database repealed.•Market monitoring authority repealed. Enforcement powers limited to cease-and-desist and civil investigative demand/subpoena powers....
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