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Inside the CFPB
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Judge Denies Former Fannie CFO Discovery Access in GSE Lawsuit

October 17, 2014
GSE shareholder advocates remain undeterred following a federal judge’s decision late this week to deny a former Fannie Mae executive access to confidential evidence unearthed as part of the discovery process in an investors’ lawsuit against the government. Earlier this year, Fairholme Funds hired former Fannie Chief Financial Officer Timothy Howard as a consultant to assist its law firm Coopers and Kirk. Lawyers for the government want to deny Howard access to some 800,000 pieces of discovery in investors’ litigation challenging Uncle Sam’s “net-worth sweep” of GSE profits.
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GSE’s Common Securitization Solutions Still Has No CEO

October 17, 2014
After a year of searching for a chief executive to lead Common Securitization Solutions, the Federal Housing Finance Agency is still looking, but it continues to hire staff. “The search continues,” said a government official close to the matter. “We even have a search firm.”Although the FHFA is keeping a tight lid on information regarding CSS, it’s now common knowledge that the search firm in question is the Washington-based Spencer Stuart, which bills itself as “one of the world’s leading global executive search and leadership consulting firms.”
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FHFA Proposed Rule Would Define FHLBank ‘Former Member’

October 17, 2014
A proposed Federal Housing Finance Agency rule would define a Federal Home Loan Bank “former member” as an institution whose membership has been terminated but which must still maintain FHLBank stock. Published in the Oct. 8 Federal Register, the proposal’s definition would apply to institutions whose membership has ended but which continue to hold stock in the FHLBank as required by the Bank’s capital plan. …
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Moody’s: FHFA Shouldn’t Increase Fannie, Freddie Guaranty Fees

October 17, 2014
The Federal Housing Finance Agency “should not appreciably change” guaranty fees charged by Fannie Mae and Freddie Mac, according to a new paper by Moody’s Analytics. The paper, “A General Theory of G-Fees,” by Mark Zandi, chief economist at Moody’s Analytics, and Cristian deRitis, a senior director of consumer credit analytics, noted that the two GSEs are currently charging an average g-fee of approximately 60 basis points across all new loans they insure.
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Appeals Court Upholds Fannie’s ‘Sue-and-Be-Sued’ Charter Clause

October 17, 2014
In a 2-to-1 decision earlier this month, a three-judge panel of the Ninth Circuit Court of Appeals upheld a lower court ruling that tossed out state-law claims brought against Fannie Mae by homeowners fighting foreclosure proceedings. Homeowners in Lightfoot et al v. Cedant Mortgage Corp. et al sued Fannie and others in California state court after foreclosure proceedings were initiated against their homes. The homeowners filed the state court action after their prior federal claims were dismissed in federal district court.
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FHFA-IG Among Growing List of Agencies Employing Armed Agents

October 17, 2014
The Inspector General of the Federal Housing Finance Agency is among a growing list of official government watchdog agencies authorized to employ armed investigators when ferreting out waste, fraud and abuse, according to a recent report. The report issued by the Congressional Research Service listed some three dozen IGs that possess law enforcement authority, which legally empowers them to make arrests, seek warrants and carry firearms.
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Enterprise Endnotes

October 17, 2014
IG Recommends FHFA Upgrade Its Recordkeeping. The Federal Housing Finance Agency is in compliance with its recordkeeping procedures but the policy and infrastructure of its records management could do with an upgrade, concluded an evaluation by FHFA’s Inspector General last week. The IG said that the Finance Agency’s Division of Enterprise Regulation’s recordkeeping practices “have limitations that impede the efficient retrieval” of examination workpapers by agency staff and by IG auditors.
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New Regs Pressure Lender Profitability

October 17, 2014
New regulations in the mortgage industry have wreaked havoc on the business, with lenders facing higher compliance risk and growing compliance costs, according to Fannie Mae’s third quarter survey of mortgage lender sentiment. The results show that 72 percent of lenders reported that recent regulations, among them the qualified-mortgage rule and the risk-based capital rules for banks, have had a “significant” impact on their business. Only 22 percent reported “minimal” impact ...
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E-Close Project to Start Shortly

October 17, 2014
The Consumer Financial Protection Bureau is poised to formally launch its e-closing pilot project shortly, with an eye towards simplifying the mortgage closing process for both borrowers and lenders and eliminating many of the “pain points” associated with it. “We are looking to kick off the pilot later this year and run it for about three months,” said Brian Webster, program manager for the bureau’s Office of Mortgage Markets, during a meeting of the CFPB’s Community Bank Advisory Council ...
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State Regulators Propose Major Expansion of Data Collection for Lending, Servicing

October 16, 2014
Brandon Ivey
Under the proposal, lenders would be required to report the originations of QMs and non-QMs.
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