The Federal Deposit Insurance Corp. recently filed a lawsuit against the auditors of Colonial Bank alleging that they could have prevented “enormous losses” suffered by the bank due to fraud by Colonial’s largest mortgage banking customer, Taylor Bean & Whitaker Mortgage. The lawsuit is the first by the FDIC post-crisis against the accountants of a failed bank. Colonial was closed in August 2009 by the Alabama State Banking Department and the FDIC was named as receiver and is now ...

Community mortgage lenders increasingly anxious about complying with a growing regulatory burden got a strong show of support recently when Federal Reserve Board Governor Elizabeth Duke called for giving them a separate oversight regime that respects their unique differences when compared to their much larger competitors. “I am convinced that the best course for policymakers would be to abandon efforts for a one-size-fits-all approach to mortgage lending,” Duke said during a community bank symposium ...

A commissioned study of Ellie Mae’s Encompass360 has confirmed what the company’s clients have been saying all along: the popular software helps lower the total cost of originating mortgage loans. According to the study conducted by Forrester Consulting, a global research and advisory firm in Cambridge, MA, users of Encompass360 realized benefits in improved compliance and greater efficiency as well as a 57 percent return-on-investment (ROI) based on a three-year, risk-adjusted cash flow. Improved ...

Reportedly dire findings of the annual independent audit of the FHA insurance fund due for release late this week may set off alarms in Congress and calls for reform but not a taxpayer rescue as some FHA critics have suggested, according to the Mortgage Bankers Association. Recent news reports indicated that the fiscal 2012 actuarial review of the FHA’s Mutual Mortgage Insurance Fund will show a negative economic value or capital reserve position, which some say could require the Treasury to bail out the FHA to boost its claims-paying ability. There is speculation that the fund could go from a predicted economic value of positive $9.4 billion in last year’s study to as much as negative $10 billion this year. A deficit should not be...

Federal regulators working to establish Basel III capital requirements for banks this week appeared to be more concerned about how community banks will cope with the controversial rule than its potential negative impact on the mortgage market. Late last week, federal regulators announced that implementation of Basel III capital requirements is not expected to begin on Jan. 1, 2013, as initially planned because rules proposed in June have yet to be finalized. In a hearing at the Senate Banking, Housing and Urban Affairs Committee this week, staff for the Federal Reserve, Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. stressed that they are still reviewing more than 1,500 comments and that a final rule is far from complete. Community banks filed...

The CFPB is widely expected to proceed as fast as possible with its heavy regulatory and rulemaking responsibilities, now that President Barack Obama has fended off his Republican challenger for the White House, Mitt Romney, and Democrats have strengthened their control of the U.S. Senate. Created by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFPB has a single director, a limitless funding stream via the Federal Reserve, and little congressional oversight as compared to the other agencies...

Well-informed sources in Washington, DC, are suggesting that Richard Cordray, head of the CFPB, is interested in moving on before the end of his term, despite the fact that the election results strengthen the hand of the agency he’s running. Under the Dodd-Frank Act, the director of the bureau is appointed to a five-year term by the president, with the advice and consent of the Senate. Cordray was nominated by President Obama, but was not confirmed by the U.S. Senate. He therefore may serve as a recess appointee until...

Four associations representing state financial regulators told the CFPB they generally support most of what the bureau is proposing in integrating the disclosures consumers receive when they shop for a mortgage. However, they emphasized the importance of proceeding cautiously as the bureau moves ahead with the proposed rules that would amend the mortgage disclosures under Regulation Z, which implements the Truth in Lending Act, and Regulation X, which implements the Real Estate Settlement Procedures Act...

The CFPB and the federal banking regulators have jointly written a key panel in the U.S. Senate to express their opposition to legislation that would permit the president to require all independent agencies to undertake numerous additional steps and analyses as part of the rulemaking process. Introduced by Sens. Mark Warner, D-VA, Rob Portman, R-OH, and Susan Collins, R-ME, S. 3468, the “Independent Agency Regulatory Analysis Act of 2012,” would authorize the president to require independent regulatory...

The CFPB has come out with a report highlighting problems that the agencyfs examiners found during their reviews of nonbanks and banks with more than $10 billion in assets that were conducted from July 2011 through September 2012. The deficiencies they found included improper procedures related to credit line increases for credit card holders under the age of 21, inadequate training on fair credit reporting requirements, and violations of mortgage disclosure requirements...