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Inside the CFPB
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FHLBanks Seek to Ensure QRM Exemption

September 2, 2011
The Federal Home Loan Bank system has requested that federal regulators clearly and unambiguously exempt the FHLBanks’ long-standing mortgage purchase programs from the government’s emerging risk-retention rule on securitization.In comments submitted to regulators last month on the interagency proposed rule, the 12 FHLBanks signed a joint letter to ensure the Banks’ Acquired Member Assets programs will be exempt under the final rule.
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FHLB Topeka Asks FHFA to Revise Director Eligibility Form

September 2, 2011
The Federal Housing Finance Agency needs to tweak its proposed eligibility certification form for prospective directors of the 12 Federal Home Loan Banks, according to comments received by the Finance Agency.
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FHLBanks, Freddie Seek Clarity on FHFA Standards

September 2, 2011
Several of the prudential management and operations standards recently proposed by the Federal Housing Finance Agency are “duplicative of, or conflict with, current regulatory requirements” and should be further refined before final issuance, according to a comment letter written by the 12 Federal Home Loan Banks.The FHLBanks suggest numerous and significant revisions or clarifications to the proposed rule the FHFA issued in June.
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Obama GSE Refi Plan May Revamp HARP

September 2, 2011
The Obama administration is expected to roll out a more aggressive agency refinance program soon as part of a new economic stimulus package with Wall Street analysts predicting the plan will likely focus on pricing changes at Fannie Mae and Freddie Mac or an expansion of the Home Affordable Refinance Program.A recent report by Amherst Securities Group notes that a massive government refinance program “is unlikely, as it could not be implemented without subjecting the GSEs (and implicitly the taxpayer) to an increased level of risk.”
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FHFA Amends Privacy Act Regulation to Include FHFA-OIG

September 2, 2011
The Federal Housing Finance Agency has issued an interim final regulation with a request for comments on changes to its existing Privacy Act regulations.
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PMI Suspended By GSEs Effective Immediately

September 2, 2011
In a not unexpected development, PMI Mortgage Insurance has become the second mortgage insurer in less than a month to be suspended by Fannie Mae and Freddie Mac as an approved GSE mortgage insurer after the company announced state regulators placed PMI under a supervisory order.Mortgages insured by PMI Mortgage Insurance or its affiliates PMI Mortgage Insurance Co. (MIC) and PMI Insurance Co. (PIC) with notes before May 19, 2011, or after Sept. 16, 2011, will no longer be purchased or securitized by Fannie or Freddie, the GSEs announced separately last week.
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More Metro Areas May be Impacted by Loan Limit Reduction than Previously Thought, NAR Analyst Finds

September 1, 2011
Only about 18 of the 247 “high cost” metropolitan markets will avoid seeing their FHA loan limits lowered at the end of this month, when the emergency loan-limit adjustments for the FHA, Fannie Mae and Freddie Mac are set to expire, according to a new analysis by Inside Mortgage Finance. All 24 metro markets that now have loan limits of $729,750 (or higher in Hawaii) will see their limits dropped to at least $625,500, and some of these areas in California will see...
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Inherently Complex Nature of Foreclosure Settlement Talks Continues to Bog Down Government Officials

September 1, 2011
Law enforcement and regulatory officials may be undermining their odds of reaching a foreclosure-practices settlement with the mortgage industry because they’re grasping for too much, too soon, letting the perfect become the enemy of the good, according to some political and legal observers. Attorneys general in all 50 states and the Department of Justice and other federal agencies continue to investigate alleged irregularities in the foreclosure practices of top servicers, including Bank of America, which is...
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AG Settlement Hinges on Multiple Issues

August 29, 2011
Department of Housing and Urban Development Secretary Shaun Donovan said it was just “a matter of weeks” until there would be a settlement between federal and state agencies and much of the mortgage servicing industry over foreclosure practices in the aftermath of the “robo-signing” scandal. That was almost three months ago. Recent indications suggest the coalition of government agencies involved in the effort may be fraying. Last week, Iowa Attorney General Tom Miller, who is leading negotiations with the industry, suddenly dumped New York Attorney General Eric Schneiderman from the coalition’s executive committee, claiming the NY AG had “actively worked to undermine” the group’s efforts recently.
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CFPB Proposes “Transparency” Policy it Can Modify at Will

August 29, 2011
To promote openness and transparency, the Consumer Financial Protection Bureau has adopted a new policy governing ex parte (one party only) presentations, generally requiring public disclosure of such presentations made to CFPB staff concerning a pending rulemaking. The rule essentially requires anyone who communicates with the CFPB about a pending rulemaking to submit a written copy of the presentation (or a summary of an oral presentation) on the public rulemaking record within three days after the communication to the CFPB. The stated purpose of the rule is to “promote openness and transparency” and to give the public “access to the input that CFPB is receiving.” However, the CFPB’s policy has two significant exceptions that call into question how transparent the CFPB’s rulemaking process will really be, according to Ballard Spahr attorney Christopher Willis.
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