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Inside the CFPB
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OIG Tells FHFA to Fix GSE HAMP Dispute

August 19, 2011
A report issued late last week by the Federal Housing Finance Agency Office of Inspector General has concluded that the FHFA did nothing to subvert its role as Fannie Mae and Freddie Mac’s regulator when the agency negotiated the GSEs’ administrative responsibilities under the Treasury Department’s Home Affordable Modification Program.However, the FHFA-OIG noted there was ample room for improvement in the Finance Agency’s oversight of the GSEs’ financial agency agreement (FAA) with Treasury, which resulted in poor communication and differing expectations as to the payment and scope of the HAMP-related work that the GSEs performed.
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Appeals Court Sides With FHFA in FOIA Case

August 19, 2011
A conservative, non-partisan public interest group is considering its options following a recent federal appeals court decision affirming the Federal Housing Finance Agency’s right to withhold documentation revealing the extent of political campaign donations made by Fannie Mae and Freddie Mac.On Aug. 5, the U.S. Court of Appeals for the District of Columbia upheld a lower court ruling against Judicial Watch.
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AARP Files Class Action Lawsuit Against Fannie, Wells Fargo

August 19, 2011
AARP has filed a class action lawsuit against Wells Fargo Bank and Fannie Mae in the U.S. District Court for the Northern District of California in San Francisco on behalf of reverse mortgage borrowers and their survivors in what it says is an attempt to head off illegal Home Equity Conversion Mortgage foreclosures and evictions.
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Rebuttable Presumption or Safe Harbor?

August 15, 2011
One of the most important issues for mortgage lenders and homebuyers alike in the whole qualified mortgage/risk-retention/ability-to-repay debate is how much legal liability lenders will have over the mortgages they originate in the Dodd-Frank era. For policymakers, one of the biggest decisions they will have to make to bring certainty to that question is which legal standard to impose, a “rebuttable presumption” or a “safe harbor.” …
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CFPB Mortgage Disclosures Continue Apace

August 15, 2011
The new Consumer Financial Protection Bureau is moving rapidly along with its integrated mortgage disclosure project, issuing a third iteration of disclosure prototypes and closing off the comment period on them in just the past two weeks since the last issue of Inside Regulatory Strategies went to press. This time around, the CFPB issued another pair of disclosures, named “Camellia” and “Azalea,” which would be used for mortgages with a balloon payment at the…
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National Servicing Standards Must Address Market Uncertainty

August 15, 2011
Policymakers interested in pushing national mortgage servicing standards are right to make sure that homeowners who were harmed by abusive industry practices are compensated. However, there is still a tremendous amount of uncertainty in the housing and housing finance markets, and any servicing standards that are developed must address that if the weights that hold the markets back are to be cut lose and private capital comes back in full force, a top industry…
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Federal Roundup

August 15, 2011
Department of Housing and Urban Development Loan limit guidance. The Department of Housing and Urban Development plans to release guidance by the end of August that will detail which loans are eligible for the higher conforming loan limits, along with additional requirements for using the higher loan limits, according to Inside FHA Lending, an affiliated publication. …
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Worth Noting

August 15, 2011
The Department of Housing and Urban Development has launched a new web-based mapping tool displaying the location of all foreclosed properties being held by Fannie Mae, Freddie Mac and the FHA, which is almost half of all real estate-owned or REO properties in the U.S. HUD said its REO Portal is intended to help local communities, homebuyers and responsible investors to acquire these properties and accelerate efforts to stabilize local housing markets. …
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Risk Retention Is ‘No Panacea,’ Fitch Says, But S&P Says New MBS Regime Could Improve Underwriting

August 12, 2011
Standard & Poor’s and Fitch Ratings have raised concerns about the proposed risk-retention rule that has sparked an outcry among MBS issuers, but the rating services appear to be taking a more measured view – in fact, S&P says it may be good for the market’s long-term health. In a recent report, S&P agreed with the industry consensus that the proposed rule won’t help the housing market and non-agency MBS sector right now. But the new standard for securitization, which sets a high bar for qualified residential mortgages that would be exempt from a ...
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Lack of Relief From New Regulatory Wave Makes It Harder to Quantify MBS Risks, Says Analyst

August 12, 2011
The recent rancorous debate over raising the debt ceiling brings little hope of relief from the overwhelming amount of regulation coming down the pike. Analysts say the uncertainty has made it more difficult to quantify risks for MBS and other securitized products. Analysts at Bank of America/Merrill Lynch said the outcome of the debate was far worse than expected, forcing them to temper their optimism for securitized products. Instead, they are calling for a more neutral exposure. “The pragmatism we thought we would see never really emerged,” said Chris Flanagan, an analyst with the firm. “Instead ...
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