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Inside the CFPB
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Federal Roundup

July 18, 2011
Office of the Comptroller of the CurrencyFederal Deposit Insurance Corp.Federal Reserve Top servicers submit remedial foreclosure plans. Top mortgage servicers Bank of America, Wells Fargo, JPMorgan Chase, Citigroup, Ally Financial, U.S. Bank, Sun Trust, OneWest Bank, PNC Bank, MetLife Bank, HSBC Bank, Aurora Bank, EverBank and Sovereign submitted their foreclosure practices remedial plans to the OCC, the FDIC and the Fed last week. However, some of the servicers told Inside Regulatory Strategies their plans were confidential documents and would not disclose them. An OCC official said there are no plans for the agency to release the plans or to summarize their contents...
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MBS Analysts See Little Gain in Proposal To Turbo Charge GSE Refinance Program

July 15, 2011
Proponents of an expanded program to refinance underwater Fannie Mae and Freddie Mac mortgages may find a sympathetic ear at the White House, which has talked recently of re-focusing on the struggling housing market, but MBS analysts don’t think the proposal would have a huge impact. Sen. Barbara Boxer, D-CA, early this year introduced the Helping Responsible Homeowners Act, which would require the government-sponsored enterprises to go beyond the limits of the existing Home Affordable Refinance Program, which was implemented administratively. Loans refinanced under the Boxer program could not be ...
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Merits of Dodd-Frank for Investor Protection Debated, But Lack of SEC Funds Could Underscore Everything

July 15, 2011
Witnesses testifying before the Senate Banking, Housing and Urban Affairs Committee this week had diverse opinions about the effectiveness of the Dodd-Frank Act to protect investors, but one thing was clear: without the money, the Securities and Exchange Commission will never be able to get anything done. Republicans and Democrats in the committee were not-so-surprisingly at odds over the now one-year-old law. Sen. Tim Johnson, D-SD, urged members of the committee and the witnesses present to “give these provisions a chance to work.” Meanwhile, Sen. Richard Shelby, R-AL, argued that Dodd-Frank “has not ...
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Court Narrows Scope of Investor Lawsuit Over Countrywide MBS Disclosures

July 15, 2011
Investors who lost money in Countrywide Financial Corp. MBS after the 2007 market collapse suffered a possible blow of hundreds of billions of dollars in a Los Angeles court case last week. After initially seeking $351 billion in a lawsuit, the case was narrowed to $2.6 billion in bonds. U.S. District Judge Marianna Pfaelzer in the Central District of California had already narrowed the case once, saying investors can only sue for their own losses, not those related to all offerings that fell under the same guidelines. This ruling reduced ...
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Bernanke Backs Loan Limit Decline; Banks Ready to Originate Jumbos

July 15, 2011
Federal Reserve Chairman Ben Bernanke this week endorsed the reduction in high-cost conforming loan limits set to be implemented in October. The Mortgage Bankers Association, meanwhile, called for an extension of the existing loan limits through the end of 2012. Major banks and other non-agency players are eagerly anticipating the decline in the top loan limit from $729,750 to $625,500. A number of banks have indicated that they are ready and willing to make non-agency jumbos. In separate testimony this week before two committees of Congress, Bernanke said lowering ...
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Progress Slow for HAMP Add-On Programs

July 15, 2011
Servicers have made little progress with three auxiliary programs to the Home Affordable Modification Program, according to newly available data. Activity remains limited in the Principal Reduction Alternative, Second Lien Modification and Home Affordable Foreclosure Alternatives programs. Last week, for the first time, the Treasury Department detailed activity in the non-agency exclusive PRA program. Between the program’s announcement in March 2010 and May 2011, some 21,299 PRA trial mods were started. The activity is relatively low compared with ... [includes one data chart]
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Regulatory Agenda Includes New Proposed Rule to Synch Standards on Disparate Impact, Fair Housing

July 14, 2011
The Department of Housing and Urban Development is working on a proposed regulation that seeks to harmonize existing standards for determining when a housing practice with a discriminatory impact violates the Fair Housing Act. The proposed rule would cover the liability standards in instances in which a racially neutral housing practice has a discriminatory effect. The disparate impact theory has been used in fair housing cases to allege discriminatory activity when the terms of a business policy are neutral toward protected classes but the policy is shown to have greater impact on minorities or other protected groups. There has been debate over...
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Regulators Remain Focused on Industry Foreclosure Management Practices

July 14, 2011
The nation’s top mortgage servicers had to submit remedial plans for their foreclosure practices this week as part of their consent agreements with federal banking regulators, after having been granted an extension from the original submission timeline. Some servicers told Inside Mortgage Finance their plans are confidential and couldn’t be released to the public. An official at the Office of the Comptroller of the Currency said there are no plans for the agency to release those plans or to summarize their contents. The affected servicers are...
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Fed Reserve Efforts to Educate About Loan Originator Compensation Rules Are Bunk, Some Experts Complain

July 14, 2011
Experts sharply disagreed on the Federal Reserve Board’s controversial new rules on loan officer compensation during a hearing this week in the House Financial Services Committee, with some claiming it is a confused mess and others saying it’s a shield for low-income and minority borrowers. Marc Savitt, president of the Mortgage Center and testifying on behalf of the National Association of Independent Housing, said the rule caused massive job loss among small mortgage businesses and fewer consumer loan options. “As an active participant in meetings with the FRB during the comment period, it was evident the FRB was unwilling to...
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Servicing Standards Top CFPB To-Do List, But Attorneys General Should Focus on Enforcement, Alabama AG Says

July 8, 2011
The Consumer Financial Protection Bureau is ready to take mortgage servicing by the lapels when it formally opens on July 21, according to an official testifying at a House Financial Services Committee hearing this week – calling the initiative a “priority” for the new agency that faces a heavy load of new duties and authorities. One of the flaws in the regulatory structure is the lack of federal servicing standards, said Raj Date, associate director of depositor and consumer protection at the new agency. Servicing has been a key issue in some MBS investor lawsuits, and many have ...
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