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Inside the CFPB
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Ginnie Mae Announces Technical Changes to Rules on Collecting, Reporting Pool, Loan Data

July 1, 2011
Ginnie Mae has made some changes regarding the collection and reporting of data on the underlying collateral that backs outstanding Ginnie Mae MBS. The goal is to expand the type of data collected at pool issuance to provide greater transparency and more relevant information to investors. The technical changes were laid out this week for Ginnie Mae program participants during a webinar hosted by the agency. Some of the changes relate...
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Non-Agency Market a Flashpoint in QRM Debate

July 1, 2011
The strength of the non-agency market has become a major point of concern as a diverse coalition of market participants lobbies for changes to a proposed rule for mandatory risk retention. The impact on the non-agency market is second only to the group’s concerns about downpayment requirements in the qualified residential mortgage debate. “The proposed narrow QRM rule discourages...
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Members of Congress Want Intel from the CFPB

July 1, 2011
Following signs that the Consumer Financial Protection Bureau may been far more involved in the 50-state servicer settlement discussions than it has publicly let on, key Republican House committee chairmen have called upon Treasury Secretary Timothy Geithner to provide documents and records related to the CFPB’s role in the negotiations, un-redacted, by no later than July 5. In their request, the lawmakers cited a copy of a CFPB settlement presentation that recommended goals, provided…
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NCUA Claims Misreps on Non-Agency MBS

July 1, 2011
The National Credit Union Administration’s lawsuits regarding non-agency mortgage-backed securities mark a shift in focus to misrepresentation rather than breaches of representations and warranties, according to industry attorneys. Last week, the NCUA filed lawsuits against JPMorgan Securities and RBS Securities claiming that misrepresentations as well as violations of federal and state securities laws caused...
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U.S. Supreme Court Agrees to Hear RESPA Case

July 1, 2011
The Supreme Court of the United States has accepted First American Financial Corp. v. Edwards, in which the justices will consider whether an individual who has not suffered any actual damages from violations of the Real Estate Settlement Procedures Act has legal standing to sue in federal court. SCOTUS plans to consider two questions, the first of which is “whether RESPA requires the plaintiff in a private damages action to allege that an unlawful…
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FDIC Concerns Remain with Covered Bond Bill

July 1, 2011
Legislation gaining momentum in Congress to create a covered bond framework still lacks the endorsement of the Federal Deposit Insurance Corp. Analysts note that the FDIC’s concerns need to be addressed for there to be any hope of establishing a non-agency market via covered bonds. Last week, the House Financial Services Committee approved H.R. 940, the U.S. Covered Bond Act of 2011, by a 44-7 bipartisan vote. However, the committee rejected...
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Obama Administration May Fold In Risk-Retention Tug of War

July 1, 2011
Treasury Undersecretary Jeffrey Goldstein told an industry gathering last week that the Obama administration is paying very close attention to industry feedback on its controversial risk-retention proposed rule, after an outpouring of concern from both the industry and a number of members of Congress raised the alarm. “We are seriously considering feedback and are committed to getting this rule right, so that we can ensure securitization ...
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Home Builders, Realtors Proffer Loan Limit Fears

July 1, 2011
Trade groups representing home builders and real estate agents are warning Congress that a decrease in conforming loan limits will result in higher interest rates for borrowers and other less favorable loan terms. However, the housing advocates face a tough battle in extending temporarily elevated conforming loan limits. Without action from Congress, the high-cost loan limit for agency mortgages and the FHA will fall from $729,750 to $625,500 beginning Oct. 1. Some 5.25 million owner-occupied homes will no longer qualify...
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CFPB Rulemaking Authority Sans Confirmed Director Unclear

July 1, 2011
Staff at the Consumer Financial Protection Bureau can proceed with their integrated mortgage disclosure project, “know before you owe,” without having a confirmed director in place, and they might even be able to release a proposed rule before a chief is confirmed by the Senate. But any final rule issuance on the bureau’s part would likely prompt a legal challenge from somewhere within the mortgage finance industry, according to some leading industry attorneys. …
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House Appropriations Caps CFPB Budget at $200 Million

July 1, 2011
The House Appropriations Committee, in a politically charged move, has approved a $19.9 billion spending bill that will affect regulators and the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Among the visible implications of the budget package, which is almost $2 billion (9 percent) below last year’s funding level and almost $6 billion below President Obama’s FY2012 request – is a double move on the controversial Consumer Financial Protection Bureau…
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