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Inside the CFPB
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OIG Slams FHFA’s Oversight of GSEs’ Pre-Foreclosure Reports

April 4, 2014
The Federal Housing Finance Agency’s oversight of Fannie Mae’s and Freddie Mac’s pre-foreclosure inspection process can and should be enhanced by strengthening quality assurance and controls, according to a new audit by the agency’s Office of the Inspector General. The FHFA-OIG audit found potential fraud in property inspection reports ordered by the two GSEs. Among the findings: the property inspection reports – which are used for foreclosures – contained inaccurate information that conflicted with corresponding photographs.
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Experts: GSE Shareholders Face Uphill Legal Battle vs. Government

April 4, 2014
Fannie Mae and Freddie Mac junior shareholders face an uphill battle in their lawsuits challenging the Treasury’s August 2012 “net worth sweep” that effectively allows Uncle Sam to confiscate all of the companies’ profits, warns a legal expert. Investors are challenging the amended agreements regarding the seniority of Fannie and Freddie preferred stock owned by the federal government over investors’ GSE preferred stocks. More than a dozen lawsuits filed against the government – led by hedge funds Perry Capital and Fairholme Capital Management – are pending in federal district court in Washington, DC, and in the Court of Federal Claims.
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Advocates to Treasury: Deem GSEs ‘Systemically Important’

April 4, 2014
With housing finance reform unlikely to clear Congress in the near term even as Fannie Mae and Freddie Mac remain “highly leveraged” on a global scale, a pair of policy advocates are urging Treasury Secretary Jack Lew to trigger existing protective regulations under his discretion that would classify the two GSEs as systemic risks to the economy. American Enterprise Institute Fellow Alex Pollock and Thomas Stanton, author and former Financial Crisis Inquiry Commission staffer, petitioned Lew in a letter this week to act in his capacity as chairman of the Financial Stability Oversight Council and designate Fannie and Freddie as Systemically Important Financial Institutions.
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Enterprise Endnotes

April 4, 2014
Seniors Group Targets Johnson-Crapo Bill Supporters With Paid Media. A right-leaning seniors advocacy group has taken out television and radio ads in seven states to call out supporters of the Senate’s bipartisan proposal to overhaul Freddie Mac and Fannie Mae, labeling it “Obamacare for the mortgage industry.” The 60 Plus Association campaign targets seven senators for supporting a measure by Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, arguing that the bill would wipe out GSE shareholders. Three Democrat and four Republican senators were named in the campaign.
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The Enticing Part of the Waters GSE Bill: A First-Loss Position of 5 Percent, Not 10

April 3, 2014
Charles Wisniowski
Johnson-Crapo is wide open on what entities could issue the new MBS and even allows single firms to be loan originators, aggregators, issuers and bond guarantors.
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House Democrats Want Expanded Inquiry Into Alleged Discrimination by CFPB Against Employees and Whistleblowers

April 3, 2014
George Brooks
What does the CFPB think of Martin’s allegations and Raucci’s report backing her up? An agency spokeswoman did not return a media inquiry from IMFnews.
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Risk to Consumers is What Prioritizes CFPB Efforts, Some Lenders Figured That Out and Are Adapting

April 3, 2014
The Consumer Financial Protection Bureau is widely seen as the single most powerful, consumer-oriented regulatory agency in the nation’s history, yet it has only a fraction of the supervisory budget that the safety-and-soundness banking regulators have. So how does it prioritize its resources and activities so it can “punch above its weight class?” “The way we approach our prioritization is looking across the market, regardless of charter or type of entity, and breaking it up into different [sub]markets,” Peggy Twohig, assistant director in the CFPB’s Office of Supervision Policy, said Tuesday during a breakout session at the annual convention of the Consumer Bankers Association. “Bank, nonbank – it doesn’t matter to us. We look at where the risk to the consumer is and we try to execute our program against that.” The bureau reviews...
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Bank Servicers’ Loan Modification Activity Declines, Focus Shifts to GSE Mortgages

April 3, 2014
Loss-mitigation activity by major bank servicers has decreased significantly in the past year, coinciding with servicers’ completion of loss-mitigation requirements under the $25 billion national servicing settlement. Eight major banks and thrifts completed 72,466 loan modifications in the fourth quarter of 2013, a 49.5 percent decline from the fourth quarter of 2012, according to a new report from the Office of the Comptroller of the Currency. The servicers completed 60,765 foreclosures in the fourth quarter, down 42.6 percent from the fourth quarter of 2012. The declines in loan mods and foreclosures by banks have outpaced...
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Industry Groups Tell FINRA They’re Opposed to Requiring Maintenance Margin in TBA Market

April 3, 2014
Leading secondary-market representatives told the Financial Industry Regulatory Authority they generally support its goal of mitigating the counterparty credit risk borne by participants in the “to be announced” market and reducing the potential for systemic risk. But they are opposed to FINRA’s proposal to require maintenance margin to attain that aim – something the Treasury Market Practices Group has already considered and rejected. Issued back in January, FINRA’s proposed amendments stipulated that for bilateral transactions in covered agency securities with non-exempt accounts, FINRA members must collect, in addition to variation margin, maintenance margin equal to 2 percent of the market value of the securities. If sufficient margin is not collected, the member would have to deduct the uncollected amount from the member’s net capital at the close of business following the business day on which the deficiency was created. Additionally, if the deficiency in margin is not resolved...
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Judge Recommends Dismissal of DOJ’s Fraud Case Against BofA, But It May Not End FIRREA Claims

April 3, 2014
A North Carolina federal magistrate has recommended that a Justice Department fraud case against Bank of America be dismissed, but he also said a separate Securities and Exchange Commission lawsuit against the bank based on a different federal law should proceed. The DOJ last August filed suit against BofA under the Financial Institutions Reform, Recovery and Enforcement Act, accusing the bank of defrauding investors in the sale of $855 million of non-agency MBS. Last week, U.S. Magistrate David Cayer of the U.S. District Court for the Western District of North Carolina found that the government failed to prove the bank made “material” false statements to the former Federal Housing Finance Board. The DOJ claimed...
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