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NCRC to Continue Challenging Discriminatory Use Of Credit Overlays As HUD Wraps Up Investigation

April 26, 2012
Even as it awaits the outcome of a government fair-lending investigation that it helped initiate, the National Community Reinvestment Coalition says the majority of lenders under review have reacted favorably but the widespread use of “credit overlays” remains a problem in the industry. In December 2010, the NCRC filed complaints with the Department of Housing and Urban Development after its investigation found that 22 lenders set minimum borrower credit scores as high as 640 for FHA loans, even though FHA guarantees loans to borrowers with scores as low as 580. The NCRC claims the credit...
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Industry Wants Limited Liability, Consumers Want Access to Credit, Regulators Want Proper Incentives

April 26, 2012
An ad hoc coalition of trade associations, housing and consumer advocates, and community groups urged the Consumer Financial Protection Bureau last week to craft a “qualified mortgage” rule that encompasses a wide range of mortgage products and underwriting practices to protect credit availability. The varied group, which included the Mortgage Bankers Association, the American Securitization Forum, Consumer Mortgage Coalition and American Bankers Association, acknowledged that its members hold different views about whether the QM should be designed as a safe harbor or a rebuttable presumption...
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Senator Asks FHFA For ‘Clear’ GSE Repurchase Process

April 20, 2012
The Federal Housing Finance Agency should give consideration to creating a mechanism to allow small mortgage lenders to more easily appeal GSE repurchase demands, according to one U.S. senator.In a letter sent last week to FHFA Acting Director Edward DeMarco, Sen. Jeanne Shaheen, D-NH, said several of her small-business constituents have noted a “sharp increase” in repurchase demands over the last year.
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FHLBanks Weigh In Against PACE Rule

April 20, 2012
The front-of-the-line priority status granted to participants of the Property Assessed Clean Energy home loan programs under the Federal Housing Finance Agency’s proposed rule could have wide-ranging and unintended consequences for the Federal Home Loan Banks, according to Bank officials. The FHFA received more than 400 comment letters late last month – including two from the FHLBanks of Indianapolis and New York – roughly split for and against implementation of the proposed “green” lending program.
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CFPB Rules Likely to Cut Servicing Profits

April 20, 2012
New mortgage servicing rules unveiled recently by the Consumer Financial Protection Bureau will likely result in higher mortgage servicing costs and reduced revenue for servicers although some analysts say the rules could have a positive effect on large banks. The CFPB recently previewed some of the servicing rules it plans to issue this summer and finalize by January 2013. Specifically, the rules would require monthly mortgage statements that include mortgage terms, detailed payment information, fee disclosures and loss-mitigation information for delinquent borrowers. They also call for...
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FHFA Rolls Out New GSE Short Sale Timeline

April 20, 2012
Fannie Mae and Freddie Mac’s mortgage servicers will soon be required to review and respond to short sale requests within 30 days of an offer on the property and to provide weekly status updates if the offer is still under review after that, under new standards issued this week by the Federal Housing Finance Agency. Under the new guidance, effective June 15, servicers will have to make a final decision within 60 days of receiving an offer on a short sale property. The FHFA said the change is an attempt to hasten the traditionally time-consuming and difficult primary alternative to foreclosure.
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FHFA Revises Categories for Examination Findings

April 20, 2012
The Federal Housing Finance Agency has revised and consolidated its categories for safety and soundness and Affordable Housing Program examination findings pertaining to Fannie Mae, Freddie Mac and the Federal Home Loan Banks, the FHFA announced in a recent advisory bulletin. Examination findings are deficiencies related to risk management, risk exposure, or violations of laws, regulations or orders that affect the performance or condition of a regulated entity, according to the FHFA.
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GSE Writedown Foes Bolster Wavering FHFA

April 20, 2012
After months of hearing Congressional Democrats and White House allies suck up the public debate oxygen in favor of GSE principal reduction, mortgage writedown opponents are speaking up as the Federal Housing Finance Agency looks to be reconsidering its stand against loan forgiveness. Industry groups are expressing with greater volume their concern that principal forgiveness on loans guaranteed by Fannie Mae and Freddie Mac would ultimately hurt the housing market.
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Chicago FHLB Cease-and-Desist Order Lifted

April 20, 2012
Four and a half years after it was placed on a form of probation, the Federal Home Loan Bank of Chicago was officially released from its consent cease-and-desist order by the Federal Housing Finance Agency this week. FHFA Acting Director Edward DeMarco said the Finance Agency terminated the order because of improvements in the Bank’s financial condition and capital position, resolution of the agency’s risk management concerns and consideration of “specific comments and assurances made by the FHLBank’s board of directors to FHFA.”
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Investors Sue Bank of America, U.S. Bancorp for Role As Washington Mutual Trustees Under Federal Securities Law

April 20, 2012
A Chicago police officers’ pension fund has filed suit against Bank of America and U.S. Bancorp, claiming that the two banks failed to protect investors during their turn as MBS trustees and violated an obscure, seven-decade-old federal securities statute. The lawsuit, brought last week by the Chicago Policeman’s Annuity & Benefit Fund, said that BofA, and later U.S. Bank as successor trustee, “regularly disregarded their contractual and statutory duties” by failing to oversee some 41 Washington Mutual trusts backed by home loans. “By failing to perform their duties, defendants have caused MBS holders...
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