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Lawmakers Still at Odds With Risk-Retention Rule, Republicans Say Transparency Is Enough

May 12, 2011
The battle over the Dodd-Frank-mandated risk-retention rules continues on Capitol Hill, with lawmakers rehashing concerns about either the detrimental or beneficial effects the proposed rule may have on the market. The Dodd-Frank Act required federal regulators to come up with a definition of “qualified residential mortgages” that would be exempt from a 5 percent risk-retention requirement when securitized. During a hearing this week in the House Oversight Subcommittee on TARP, Financial Services and Bailouts of Public and Private Programs, Republican lawmakers argued that transparency is a better solution to restoring investor confidence and reviving the non-agency MBS market. But according to Rep. Elijah Cummings, D-MD, lenders shouldn’t be let off the hook, and the risk-retention rules do furnish necessary...
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Industry Criticizes Fed Escrow Rule As Duplicative, Burdensome

May 9, 2011
The mortgage banking industry is concerned that the Federal Reserve’s proposed rule on escrow accounts for higher-priced mortgage loans – especially the vast expansion of escrow account disclosure – is duplicative, unduly burdensome, and may be superseded shortly after it is implemented by the Consumer Financial Protection Bureau...
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Dodd-Frank is The Highest Mortgage Compliance Concern

May 9, 2011
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 is the greatest mortgage compliance concern for lenders, according to the third annual survey by QuestSoft, a compliance software and services firm serving the mortgage, banking and credit union industries...
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NY Fed Advisory Group Pushes for More Costly Repercussions on Agency MBS Fails

May 6, 2011
The Treasury Market Practices Group wants to improve efficiency in the agency MBS market by imposing charges for failure to complete transactions. “The TMPG is proposing fails charges in the agency debt and agency MBS markets in order to reduce the incidence of delivery failures in the market,” said Tom Wipf, chair of...
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House GOP Pushes to Restore Credit Rating Agency Exemption from Securities Act Expert Liability

May 6, 2011
Securitization markets would gain more certainty regarding securities issuance going forward under legislation passed out of a House subcommittee this week that would restore to credit rating agencies their previous exemption from expert liability under the Securities Act of 1933. The exemption was removed with...
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Risk-Retention Likely to Limit Non-Agency Market

May 6, 2011
Mandatory risk-retention requirements will severely limit non-agency mortgage originations and securitization, according to market participants. Even portfolio originations could be hindered due to the pending rule from federal regulators. “Loan availability is likely to be quite restricted in the...
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Non-Banks Expect Changes to Servicing Standards

May 6, 2011
Non-bank servicers are likely to face regulatory scrutiny and mandated changes, according to industry lawyers. And the consent orders recently issued by federal regulators to 14 large banks and thrifts could serve as best practices for non-bank servicers until the expected punishments are levied. “If history is any guide, it’s not going to be...
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Ocwen Sees Benefits in Servicing Crackdown

May 6, 2011
The consent orders recently agreed to between federal regulators and large bank servicers will help Ocwen Financial, according to officials at one of the largest servicers not subject to the enforcement action. “We think these orders enhance our ability to source new business as existing servicers seek to either...
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Lenders May Have Multiple ‘Qualified Mortgage’ Definitions to Juggle if Rules Proceed as Proposed

April 28, 2011
One of the emerging compliance priorities for mortgage lenders will be to synchronize as much as possible their adoption of separate rules for “qualified mortgages” and “qualified residential mortgages” developed by federal regulators following the Dodd-Frank Wall Street Reform and Consumer Protection Act. Adding to the challenge is...
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HUD Monitoring Lender Use of Its Logos

April 22, 2011
The Department of Housing and Urban Development clearly spelled out that lenders must be discrete in their use of the FHA “Approved Lending Institution” insignia and defined other specific regulations relating to logo use in a letter to lenders this week. Improper use of HUD or FHA logos can result...
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