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LendingSpace Offers Automated NMLS Call Report

May 27, 2011
Mortgage lenders that are anxious about complying with the call report requirements of the National Mortgage Licensing System might want to consider a new automated solution developed by LendingSpace, a Fulton, MD-based technology firm. “Lenders who find themselves using a patchwork of their existing technologies to meet these requirements will spend a great deal of time and resources to ensure impeccable compliance,” said Ravi Varma, CEO of LendingSpace. “With a click of a mouse, the Automated Mortgage Call Report function in our ComplianceOne suite gathers the information from the loan origination system, and formats it so that it’s ready for...
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FHFA Limits FHLBanks MBS Holdings

May 27, 2011
The Federal Housing Finance Agency last week issued a final rule regarding the FHLBanks which limits the Banks’ mortgage-backed securities holdings, especially non-agency MBS. In its notice, published in the May 20 Federal Register, the FHFA said it is re-organizing and re-adopting existing investment regulations that were previously issued by the Federal Housing Finance Board. The final rule will retain the Finance Board’s Financial Management Policy provision limiting MBS holdings to 300 percent of a Bank’s capital. “Contrary to suggestions that the 300 percent of capital limit was inflexible and outdated, FHFA believes the limit reasonably serves to control Bank investment activity that does not...
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GAO Audit Notes Minor FHFA Internal Control Issues

May 27, 2011
The Government Accountability Office noted there is a little room for improvement in the Federal Housing Finance Agency’s internal controls and accounting procedures but the Finance Agency is otherwise operating well. Mandated by the Housing and Economic Recovery Act of 2008, the GAO said its audit of the FHFA’s fiscal years 2010 and 2009 financial statements revealed deficiencies in the way the Finance Agency disposed of its information technology property and equipment. The GAO also found that the FHFA did not always verify vendor invoice amounts prior to payment. Although the two issues do not represent “material weaknesses or significant deficiencies” on an order that...
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DeMarco Sees Problem With GSE Bills

May 27, 2011
Testifying before the House Financial Services Subcommittee on Capital Markets and GSEs this week, the head of the Federal Housing Finance Agency took issue with some of the proposed bills in the legislative package intended to wind down Fannie Mae and Freddie Mac. “I appreciate the effort in these and other bills to begin moving towards a final resolution of the enterprises in conservatorship, but I also recognize the critical and contemporaneous need to provide market participants with greater clarity and assurance about the ultimate role of the government in housing finance beyond the issues surrounding the enterprises,” said...
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FHFA Inserts Itself in Fannie Firing Lawsuit

May 27, 2011
The Federal Housing Finance Agency has gone to court in order to deal itself into a wrongful termination suit filed last year by a former Fannie Mae executive against the GSE. According to papers filed in the U.S. District Court for the District of Columbia, the FHFA sought a temporary stay of the lawsuit, citing its authority as Fannie’s conservator under the Housing and Economic Recovery Act of 2008. “The conservator’s participation will aid the parties and the court in resolving the issues presented in this action, including the issue of Fannie Mae’s status vis-à-vis the federal government as it relates to the plaintiff’s claims,” said the Finance Agency in...
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Proposed Swap Rule Unclear if It Applies to GSEs

May 27, 2011
While federal agencies gather comments on a proposed rule to establish margin and capital requirements for various swap entities, experts say it’s not altogether clear how the proposed rule would apply to the GSEs. Final comments are due June 24 on a rule proposed by five federal agencies that would require swap entities regulated by the agencies to collect minimum amounts of initial margin and variation margin from counterparties to non-cleared swaps and non-cleared security-based swaps. The five agencies that issued the proposed rule last month are the Federal Reserve, the Farm Credit Administration, the Federal Deposit Insurance Corp...
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FHFA Director Defends Regulatory Discretion, Comments On Second Set of GOP Fannie, Freddie Wind-Down Bills

May 26, 2011
The head of the Federal Housing Finance Agency urged House Republican sponsors of various bills aimed at reforming Fannie Mae and Freddie Mac to include the government-sponsored enterprises’ regulator as part of the solution to avoid the problem of the two sides working at cross purposes. “FHFA and the enterprises are facing challenging times as Congress considers legislation to restrict, transform and wind down the enterprises,” said Edward DeMarco, acting director of the FHFA, during a hearing in the House Financial Services Subcommittee on Capital Markets, Insurance and GSEs this week. “During this period, I respectfully ask that...
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Fed’s Loan Originator Compensation Regulation Still Leaves Key Compliance Questions Unanswered

May 26, 2011
Industry representatives are making headway in obtaining clarification from the Federal Reserve on various aspects of the agency’s controversial regulation on loan originator compensation. But there are a number of key questions that still have to be addressed, and until they are, lenders need to proceed carefully, according to a top official at one of the nation’s largest mortgage lenders. One area in which the industry needs clarification has to do with compensation based on “time spent” as it pertains to different loan programs and products, and whether compensation can be established on a loan-by-loan basis or by...
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CFPB Disclosure Adds to Compliance Burden

May 23, 2011
The Consumer Finance Protection Bureau generated a lot of press last week when it released two new prototype mortgage disclosure forms that are noticeably more user-friendly for borrowers than those currently in use under the Truth in Lending Act and the Real Estate Settlement Procedures Act...
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OCC Affirms Federal Preemption, With Some Concessions

May 23, 2011
The Office of the Comptroller of the Currency recently released a letter on preemption maintaining that, under the Dodd-Frank Wall Street Reform and Consumer Protection Act, its 2004 preemption rule still applies to national banks...
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