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Inside the CFPB
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Industry Raises Alarm Over Risk Retention

June 6, 2011
In an unusual convergence, consumer advocacy groups have joined with mortgage lending and real estate interests to warn federal regulators about a host of negative consequences with their interagency proposed rulemaking to implement the risk retention and “qualified residential mortgage” provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act...
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Industry Has Numerous Issues With CFPB Proposed Disclosures

June 6, 2011
Mortgage lenders have a number of questions about the two new prototype disclosure forms circulated for public comment recently by the Consumer Financial Protection Bureau, but none of the issues appears to be a deal-breaker...
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Blockage of Warren Appointment Not Expected to Endure for Long

June 6, 2011
Republicans in Congress appeared to pull one over on President Obama and any intention he may have to make a recess appointment of Elizabeth Warren to be the first head of the new Consumer Financial Protection Bureau. House Speaker John Boehner, R-OH, refused to allow a vote on the Senate’s adjournment resolution, preventing...
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Ohio AG, Justice Department Obtain Successful Settlements

June 6, 2011
The states and the federal government continue to rack up some key legal settlements with various mortgage servicers. One such settlement was brought about by the Ohio Attorney General and the state Department of Commerce against Carrington Mortgage Services involving a lawsuit that was filed against the subprime servicer back in 2009. The two Ohio agencies and Carrington agreed to mortgage servicing standards that will apply...
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MERS Loses Lawsuit in Oregon Despite Other Success There

June 6, 2011
Good judicial fortune turned against Mortgage Electronic Registration Systems recently in a foreclosure-related case in Oregon despite previous positive precedence. In Hooker v. Northwest Trustee Services, the U.S. District Court for the District of Oregon granted the plaintiff's request for a declaratory judgment that defendants MERS, Bank of America and Northwest Trustee Services as successor trustee violated...
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State Roundup

June 6, 2011
Illinois. A federal grand jury has indicted three partners in a failed Chicago North Shore development project, a title company executive and a loan officer for allegedly engaging in a $15.7 million residential mortgage and construction loan fraud scheme to help finance the failed mixed-use commercial development known as the Center of the Northshore. The government accuses
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Federal Roundup

June 6, 2011
Office of the Comptroller of the CurrencyFederal Reserve SystemFederal Deposit Insurance Corp.Securities and Exchange CommissionFederal Housing Finance AgencyDepartment of Housing and Urban Development Credit Risk Retention – Proposed Rule: Comments Due. Public comments on the interagency proposed rule on credit risk retention are due June 10, 2011. (See...
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CRA Ratings

June 6, 2011

Recent CRA ratings issued by federal agencies.


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FINRA Fines Merrill Lynch, Credit Suisse for Misrepresenting Delinquency Rates on MBS

June 3, 2011
The Financial Industry Regulatory Authority last week fined Credit Suisse Securities and Merrill Lynch for alleged misrepresentation of delinquency data and inadequate supervision of subprime residential MBS that ended up misleading investors about the performance of pool assets. “FINRA found that in 2006, Credit Suisse misrepresented the historical delinquency rates for 21 subprime RMBS it underwrote and sold,” the independent regulator said in a statement. “Although Credit Suisse knew...
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Lower Loan Limits Means Fewer FHA Loans

June 3, 2011
The FHA could lose 7 percent, or $2.8 billion, of its current business if loan limits are lowered this year, according to a government analysis of the impact of new lower loan limits going into effect in the fall. Barring congressional action, the temporary FHA loan limits will revert by statute to the lower loan limits determined by the Housing and Economic Recovery Act for loans insured by the FHA on or after Oct. 1. The FHA single-family loan limit, which is tied to the conforming loan limit, continues to start at $271,050 in low-cost areas and goes as high as $729,750 in high-cost areas of the country. On Oct. 1, however...
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