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Illinois to Modify Underwater Delinquent Loans

July 22, 2011
Illinois Governor Pat Quinn (D) announced late last week the creation of a special fund that will use the state’s allocation of federal Hardest Hit Fund dollars to purchase distressed loans in the Chicago area and permanently modify them to affordable levels. The Mortgage Resolution Fund will extract $100 million of Illinois’ $445.7 million of HHF resources for the cause. The MRF will buy delinquent loans from lenders and capital markets trading desks at net present value, and each qualifying debt will be “brought into alignment with current values.” Chicago has suffered a ...
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Third-Party Groups Help Adjust to Dodd-Frank

July 22, 2011
Loan servicers must deal with increasing paperwork and time demands, and they are often unequipped for new reporting requirements resulting from the Dodd-Frank Act. Firms such as SourceHOV say they can provide servicers with a strategy for dealing with the additional work new regulations are creating. One of the more onerous requirements is the need to handle qualified written requests. Servicers are also required to acknowledge receipt of any request. “Servicers really have two options when it comes to compliance,” said Michael Zwall, the director of mortgage services for SourceHOV, a consulting firm. “First, a servicer can decide to develop ...
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DFA to Raise Costs, Lower Access, Stifle Innovation

July 22, 2011
It’s been one year since the Dodd-Frank Wall Street Reform and Consumer Protection Act has been enacted, and industry representatives remain anxious about the negative effects they expect the legislation will have on the mortgage market and the cost and availability of mortgage credit. Coming up with any new mortgage products at all will be one of the numerous challenges posed by Dodd-Frank, thanks in particular to the burdensome, 5 percent risk-retention requirement, according to Larry Platt, a partner with law firm K&L Gates in Washington, DC. “Under the Dodd-Frank risk-retention requirement, there’s ...
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Draft Margin Rules a Disadvantage for GSEs

July 22, 2011
Hedging will become much more expensive for Fannie Mae, Freddie Mac and the Federal Home Loan Banks than for anyone else as proposed new rules on the margining of uncleared derivatives will significantly increase the cost of trading, the GSEs warned federal regulators.GSEs regulated by the Federal Housing Finance Agency weighed in via comment letters on the rules proposed in April by the FHFA, as well as the Federal Reserve, the Farm Credit Administration, the Federal Deposit Insurance Corp. and the Office of the Comptroller of the Currency.
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Basel Report Calls for Tougher, More Uniform Regulation of Mortgage Securities Markets

July 22, 2011
Regulators of MBS markets should use a variety of tools to address inverse incentives in securitization, encourage markets to improve transparency and increase document standardization, according to a report released by the Joint Forum of the Bank for International Settlements. In its “Report on Securitization Incentives,” BIS said incentives in securities markets were misaligned in the crisis and still are today. “The major incentives at play for originators/sponsors included funding diversification, funding cost, risk transfer ...
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House Financial Committee Approves Bill Restoring Exemption of NRSRO Ratings from Expert Liability

July 22, 2011
The House Financial Services Committee this week passed legislation repealing a provision in the Dodd-Frank Wall Street Reform and Consumer Protection Act that increased the liability of credit rating agencies for ratings they provide on asset-backed securities offerings. H.R. 1539, the “Asset-Backed Market Stabilization Act of 2011,” would restore Rule 436(g) is-sued by the Securities and Exchange Commission, which exempted nationally recognized statistical rating organizations, or NRSROs, from expert liability when they provide ratings for ...
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‘Can’t Afford’ to Cut Regulator Spending On Dodd-Frank, Treasury Official Says

July 22, 2011
A year old this week, the Dodd-Frank Act remains as controversial as the day it was signed into law as critics continue trying to water down its impact by cutting funding for its implementation. Before the financial crisis, regulators weren’t properly funded to do their jobs, said Ben Bernanke, chairman of the Federal Reserve, during a hearing this week in the Senate Banking, Housing and Urban Affairs Committee. While the Dodd-Frank Act “does cover a lot” of the gaps, “quality is more important than quantity,” he said. But if money continues to be cut, it will be severely ...
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More Consistent Regulatory Oversight of Appraisals Needed to Be Effective, GAO Says

July 21, 2011
To bolster some much-needed credibility and quality assurance for consumers seeking appraisals, the Federal Housing Finance Agency and the Consumer Financial Protection Bureau should set minimum standards for states to apply in registering appraisal management companies, a recent Government Accountability Office report said. “Partly in reaction to appraiser independence requirements, lenders have increasingly relied upon AMCs to perform certain functions,” the GAO observed. “Despite the increased use of AMCs, direct federal oversight of AMCs is limited because ...
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Lenders Could Begin Lowering Loan Limits Before Oct. 1 Without HUD Implementation Guidance, Industry Warns

July 21, 2011
Without clear, early implementation guidance from the Department of Housing and Urban Development, FHA mortgage lenders could start underwriting to the lower loan limits before the Oct. 1 effective date, limiting the origination of FHA loans, warned two real estate industry groups. Providing guidance to mortgage lenders on how to manage the transition from the current top-end amount of $729,750 to $625,500 for high-cost areas without disrupting FHA lending is critical, the Mortgage Bankers Association and the National Association of Home Builders wrote to HUD. Lenders manage their pipelines based on ...
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OCC Bows to Pressure on Final Rule on Preemption Under Dodd-Frank, Assumes Oversight of Thrifts

July 21, 2011
The Office of the Comptroller of the Currency made significant changes to a controversial proposed regulation it issued back in May to implement revised federal preemption standards regarding state mortgage and other consumer protection laws. The OCC’s proposed rule to conform to Dodd-Frank Act preemption provisions was met with significant opposition from state regulators, consumer advocates, members of Congress and even the Department of Treasury, within which the agency functions as an independent bureau. One of the key disputes focused on the OCC’s proposal to use a ...
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