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Home » Topics » Inside The GSEs » Regulation

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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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Trump Still Fishing for Cordray Replacement, But is it Smart?

February 13, 2017
President Trump has been in office nearly a month and CFPB Director Richard Cordray is still on the job, despite some early developments that suggested his days as head of the bureau are numbered under the new administration. The most recent headhunting expedition reportedly involved Brian Brooks, currently general counsel at Fannie Mae, who reportedly has close ties to Steve Mnuchin, Trump’s nominee for Treasury secretary, CNBC reported last week. Up on Capitol Hill, Republicans such as House Financial Services Chairman Jeb Hensarling, R-TX, and Sen. Ben Sasse, R-NE, a member of the Senate Banking, Housing and Urban Affairs Committee, both recently called on Trump to sack Cordray. “The bureau’s mission to prohibit ‘abusive practices’ sounds great. But all that ...
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Trump May Wait for New AG Before He Sacks CFPB Director Cordray

January 30, 2017
It’s Monday and Richard Cordray is still the director of the CFPB, despite a whirlwind of sometimes conflicting news reports and rumors. Into last week, one continuing narrative (or trial balloon, perhaps) was that President Trump was on the verge of sacking Cordray “any day now.” But in the last few days, the latest line is that the Trump administration won’t fire Cordray until the Senate confirms Sen. Jeff Sessions, R-AL, to be the next attorney general of the United States. The reason: the legal battle that would (presumably) ensue if he is fired will require a permanent AG to be in place and not just an acting top cop. Then again, the Trump administration seems to like to shoot ...
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Also in Brief: Other Regulatory News

January 30, 2017
OCC Revises CRA Asset Thresholds for Small and Intermediate Small Banks and Savings Associations. Earlier this month, the Office of the Comptroller of the Currency revised the asset-size threshold amounts used to define “small bank,” “small savings association,” “intermediate small bank,” and “intermediate small savings association” under the Community Reinvestment Act. ... OCC Adjusts Civil Money Penalties for Inflation. Late last week, the Office of the Comptroller of the Currency announced it was adjusting the maximum amount of each civil money penalty within its jurisdiction. ...
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