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Inside the CFPB
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Compliance Flexibility on Adverse Action Notes Needed, Groups Say

June 10, 2011
Three industry groups are asking federal regulators to provide some flexibility for lenders in complying with Regulation B adverse action notices as they would be amended under a proposed rule issued at the end of February by the Federal Reserve Board and the Federal Trade Commission...
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State Roundup

June 10, 2011
Arizona. Foreclosure documentation standards legislation has been introduced that would require servicers to ensure that all foreclosure documents filed or recorded are accurate, verified or acknowledged by an individual with personal knowledge of the information contained in the documents (HB 2383)...
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Federal Roundup

June 10, 2011
Consumer Financial Protection Bureau. Joint enforcement effort. Last week, the Consumer Financial Protection Bureau and the Presidential Initiative Working Group of the National Association of Attorneys General announced a cooperative enforcement agreement to jointly target abusive financial services practices, including those relating to mortgages...
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Worth Noting

June 10, 2011
Standard & Poor’s Ratings Service late last week dropped its outlook on the debt issues of Fannie Mae, Freddie Mac and the Federal Home Loan Bank System from stable to negative while affirming its respective debt issue ratings. S&P also dropped its outlook for 10 of the 12 Federal Home Loan Banks – excluding the FHLBanks of Chicago and Seattle – from stable to negative while affirming their “AAA” long-term counterparty credit ratings. …
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Fannie Requires ‘Quality Contact’ with Borrowers

June 10, 2011
Servicers must achieve “quality right-party contact” (QRPC) with borrowers as a means of determining a delinquent homeowner’s willingness and ability to pay his mortgage under new standards Fannie Mae has laid out regarding the management of loans in danger of default.Fannie’s issuance of servicing standards this week is in compliance with the Federal Housing Finance Agency’s Servicing Alignment Initiative announced in late April to establish consistent mortgage loan servicing and management requirements for servicers acting on behalf of Fannie and Freddie Mac.
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OIG Says It’s Evaluating the FHFA’s Supervision

June 10, 2011
The watchdog agency charged with overseeing the regulator of Fannie Mae, Freddie Mac and the Federal Home Loan Banks said it has numerous audits and evaluations of the Federal Housing Finance Agency in the pipeline.According to two separate but related reports by the Office of the Inspector General of the FHFA issued late last month, the FHFA-OIG is in the midst of a total of 17 ongoing or planned reviews of the Finance Agency.
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CBO Urges Bookkeeping Change That Could Alter Politics of Agency Mortgage Market

June 9, 2011
The Congressional Budget Office is recommending changes in how the government accounts for programs that dominate the residential mortgage market, which could make the FHA program less at-tractive, politically, and shape the post-Fannie/Freddie market. In a pair of recent reports, the CBO said the government should adopt fair-value accounting for assessing the cost of the FHA, Fannie Mae and Freddie Mac in the federal budget. Congress currently uses special rules mandated by the Federal Credit Reform Act of 1990 in creating annual budgets for the FHA, while the government-sponsored enterprises are...
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10-State Settlement with Weichert Financial Brings About Host of Changes in Lender’s Business Practices

June 9, 2011
Weichert Financial/Mortgage Access Corp., an agency/jumbo mortgage lender in 43 states, reached a settlement with the banking regulators of 10 states after a multi-state examination found numerous compliance and internal control deficiencies, including the use of an “interstate lending desk” to facilitate the origination or completion of mortgage applications by originators that were not licensed in the appropriate jurisdictions. “The multi-state mortgage examination program was initiated to enhance consumer protection, foster a culture of compliance within the industry, and hold...
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Critics Slam OCC’s View of New Preemption Powers under Dodd-Frank Act’s Provisions

June 9, 2011
Consumer and civil rights groups are up in arms over the Office of the Comptroller of the Currency’s recent interpretation of preemption under the Dodd-Frank Act, which would allow the OCC to generally retain its existing preemption regulations. The uproar stemmed from a letter the OCC sent to certain members of Congress on May 12 lay-ing out the agency’s views of its preemption powers under the new preemption provisions of Title X of the Dodd-Frank Act. Those views have been embodied in a proposed OCC rulemaking implementing several DFA provisions, including...
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OCC Proposes Changes to Preemption

June 6, 2011
The Office of the Comptroller of the Currency has issued a proposed rule that features some important changes to national bank preemption and the agency’s visitorial authority in the wake of the Dodd-Frank Wall Street Reform and Consumer Protection Act. But industry legal experts say it’s too soon to tell what kind of effect the rule might have on the mortgage lending market or whether it may prompt charter movement among financial institutions...
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