Six federal regulators, including the Federal Housing Finance Agency, re-proposed risk-retention requirements, as well as the definition for qualified residential mortgages this week, making significant changes that had been sought by lenders. The new proposal revises a proposed rule the agencies issued in 2011 to implement the risk-retention requirement of the Dodd-Frank Act. Among other things, the rule would recognize the full guaranty on payments of principal and interest provided by Fannie Mae and Freddie Mac for their residential mortgage-backed securities as meeting the risk-retention requirements while the two GSEs are in conservatorship or receivership and have capital support from the federal government.

Federal regulators next week will propose a new version of the controversial rule setting risk-retention requirements for issuers of non-agency mortgage securities that are not backed by qualified residential mortgages. Among other significant changes, the new proposed rule will likely eliminate premium capture cash reserve account requirements, according to the American Securitization Forum. The Federal Deposit Insurance Corp. has a meeting scheduled for Aug. 28 to discuss ...

President Barack Obama met privately with CFPB Director Richard Cordray and other top financial regulatory officials last week in an effort to stimulate more progress in implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted three years ago last month. According to various press accounts, the president’s biggest concern was reining in “too big to fail,” one area outside of the bureau’s bailiwick. Other officials in attendance included Treasury Secretary Jacob Lew and Federal Reserve Chairman...

Mary Jo White, chair of the Securities and Exchange Commission, stressed this week that the regulator plans to increase its enforcement activity, including more emphasis on trials. However, she said the SEC needs more appropriations from Congress to accomplish its goals. “We can’t judge at this point how many additional trials we’re going to have, but we already don’t have enough,” White said at a hearing this week by the Senate Committee on Banking, Housing, and Urban Affairs. President Obama’s proposed...

The Consumer Financial Protection Bureau took its first legal action over alleged violation of the new loan originator compensation rule last week, bringing suit against Castle & Cooke Mortgage, a Utah-based nonbank, and two top executives. The CFPB claims that the defendants had an unwritten policy of paying quarterly bonuses to loan officers based on a formula that rewarded the origination of mortgages with high interest rates, “thus incentivizing loan officers to steer consumers into mortgages with less favorable terms, the very practice the compensation rule sought to prohibit,” said the CFPB’s complaint. Overall, the firm paid...

When Wells Fargo recently pulled the plug on its remaining loan-production joint ventures, it downplayed the significance of the move, explaining that in the scheme of things these unique partnerships – mostly with real estate companies – account for just 3 percent of its total production. But for some of the eight JVs that were shoved aside, it could be a big deal because it means they may now have to find either a new partner or raise additional capital. Still, not all of the JVs are fretting...

A former FHA commissioner said he supports a proposal in the Protecting American Taxpayers and Homeowners Act (PATH Act) to spin off the FHA from the Department of Housing and Urban Development as an independent government-owned corporation. Brian Montgomery, who was assistant secretary for housing and head of the FHA during the Bush administration, said the separation, if enacted, would transfer authority, resources and personnel from HUD to the FHA to manage the insurance fund. “This is something I have advocated both during and after my more than four-year tenure as FHA commissioner,” said Montgomery, who ...

The Consumer Financial Protection Bureau may have over-reached by extending its new bulls-eyes on debt collectors to mortgage servicers, according to some top mortgage industry attorneys. The CFPB last week warned all companies under its jurisdiction that they will be held accountable for unlawful conduct in collecting a consumer’s debts, citing its authority under the Dodd‐Frank Act, which prohibits “unfair, deceptive, or abusive” acts or practices (UDAAPs). Attorney Alan Kaplinsky, a practice leader in the Philadelphia office of the Ballard Spahr law firm, said it’s particularly significant that the bulletins not only address the conduct of debt collectors and debt buyers, but also are directed at creditors and servicers. CFPB Bulletin 2013‐07 makes...

The CFPB has released the first version of the 2013 Dodd-Frank Mortgage Rules Readiness Guide, which provides a set of criteria and preparation procedures for residential mortgage lenders and originators. The guide’s purposes are to help regulated entities comply with the mortgage rules, highlight key issue areas that may be closely examined during a review, and focus the industry and examiners on key elements of a compliance management system that may warrant review, modification, or other enhancement. The guide...

Rep. Jeb Hensarling this week provided a detailed blueprint for his vision of the MBS market that would replace Fannie Mae and Freddie Mac with a voluntary securitization platform that would be prohibited from providing any guaranties, government-backed or otherwise. The Texas Republican’s proposed National Mortgage Market Utility would be built from the work already underway at the government-sponsored enterprises to design a common securitization platform. Like the existing CSP project, which was assigned to the GSEs by their regulator, the NMMU would develop standards for servicing, pooling and securitizing home mortgages, as well as a “publicly accessible securitization outlet.” Hensarling’s proposed utility, part of his Protecting American Taxpayers and Homeowners Act, goes...