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Inside the CFPB
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Federal Roundup

May 23, 2011
Consumer Financial Protection Bureau. Two Leadership Hires Made. Harvard University Professor of Economics Sendhil Mullainathan has been hired to serve as assistant director for research at the CFPB...
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No Compromise in Sight Over Warren, CFPB

May 23, 2011
There is "not even a whiff of a hint of a compromise" between Congressional Republicans and President Obama and his fellow Democrats in Congress over the possible appointment of Harvard law professor Elizabeth Warren to be director of the Consumer Financial Protection Bureau, according to some industry insiders...
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House Republicans Press To Blunt CFPB's Edge

May 23, 2011
Congressional Republicans are doing just about everything they can- short of calling on U.S. Navy SEAL Team 6 - to weaken, throttle, starve or deep-six the Consumer Finance Protection Bureau before it gets up to full speed...
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Dems Take Off the Gloves, Push Servicing Standards Legislation

May 23, 2011
A handful of Congressional Democrats aren't letting the prospect that legislation they are sponsoring may go nowhere in committee keep them from trying to toughen the terms of the regulatory debate over national servicer standards...
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U.S. Supreme Court Considers Quicken Loan Dispute Over Fees

May 23, 2011
The U.S. Supreme Court last week called upon the Solicitor General for advice on whether the high court should review a case involving allegations that Quicken Loans obtained unearned "loan discount fees" in some mortgage loan transactions in Louisiana, contrary to Section 8(b) of the Real Estate Settlement Procedures Act...
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FDIC Sues LPS, CoreLogic Over Deficiencies in Appraisals

May 23, 2011
The Federal Deposit Insurance Corp., as the receiver of Washington Mutual, earlier this month sued Lender Processing Services of Jacksonville, FL, and CoreLogic of Santa Ana, CA, and their corporate parents and affiliates for a combined $283.5 million, alleging gross negligence and breach of contract related to appraisals performed for hundreds of the defunct lender's mortgages between 2006 and 2008...
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FHA Lenders Warned of Rising FCA Cases

May 20, 2011
Industry attorneys are warning FHA lenders and other users of federal funding to carefully screen loans they originate, or risk a government lawsuit for violation of the False Claims Act. First enacted during the Civil War against government contractors gouging the Union Army, the FCA has expanded beyond defense contractors and health care providers and is now being used aggressively to challenge improper FHA lending practices, according to panelists on a recent webinar hosted by the Washington law firm BuckleySandler. With government insurance increasingly on the hook, federal enforcement along the lines of the recent Department of Justice lawsuit against ...
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CBO Weighs FCRA, Fair Value Accounting Methods

May 20, 2011
Accounting for the FHAs single-family mortgage insurance program using the current methodology spelled out in the Federal Credit Reform Act or an alternative fair value approach will yield opposing results that could mean "savings" or potentially significant losses for the government and taxpayers, according to the Congressional Budget Office. In a recent study, the CBO estimated that, using the FCRA methodology, the FHA program would produce budgetary savings of $4.4 billion in fiscal year 2012. In contrast, a fair-value approach would result in ...
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Extension of National Servicing Rules to FHA Sought

May 20, 2011
Consumer advocates called on Congress to extend national mortgage servicing standards to all servicers, including those of government-insured home loans. Testifying before the Senate Banking Subcommittee on Housing, Transportation and Community Development recently, Diane Thompson, of counsel to the National Consumer Law Center, said loans made by the FHA, the VA and the Rural Housing Services are generally aimed at ...
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Narrow, Restrictive QRM Rule, Limited QM Safe Harbor Will Crimp Credit Availability

May 20, 2011
Narrowly defined "qualified residential mortgages" under risk-retention rules and anything less than an absolute "qualified mortgage" safe harbor can severely limit credit availability and ultimately hamper the return of non-agency securitization, warned Amherst Securities Group in a new report. Arguing that risk retention may not produce any net benefit, the Amherst report said that the proposed definition of a qualified residential mortgage is too restrictive and that it may result in less mortgage credit being available. The effect would be more detrimental if Congress decides to further limit the reach of both...
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