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Financial Reporting Rules for Small Lenders Out Soon

June 17, 2011
The Department of Housing and Urban Development is finalizing proposed guidelines streamlining reporting requirements for small FHA-approved lenders. Under the proposed guidelines, federally supervised, FHA-approved lenders with under $500 million in total assets would have alternative requirements for reporting their financial condition. FHA lenders are currently required to submit audited financial statements as a condition for FHA lender approval or renewal. In lieu of an audited financial statement, the proposed rule would require smaller supervised lenders to submit a copy of the unaudited regulatory report they provide ...
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HUD Bares Enforcement Actions Against Pregnancy Bias

June 17, 2011
The Department of Housing and Urban Development is increasing its focus on tighter underwriting with actions against pregnancy discrimination in home mortgages. The department recently charged Mortgage Guaranty Insurance Corp., PNC Mortgage and others for allegedly refusing to provide mortgage insurance on a Pennsylvania loan unless the borrower returned to work from maternity leave. The FHA requires approved lenders to review a borrower’s income to determine his or her ability to repay the mortgage. However, lenders are prohibited from inquiring about future maternity leave. According to HUD’s complaint, MGIC notified ...
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Mortgage Compliance Pros Fear Dodd-Frank Tsunami, Restrictive Lending Atmosphere

June 16, 2011
Mortgage compliance experts are bracing for up to 10,000 pages of new Dodd-Frank Act regulations that will make mortgage lending exponentially more difficult, according to industry officials at this week’s regulatory compliance conference sponsored by the American Bankers Association. “Dodd-Frank is going to increase the compliance burden, the risk of non-compliance and the cost of mortgage lending,” said David Kelly, executive vice president in charge of loan operations for FirstBank Data Corp. The new regulatory environment will feature...
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Costs of Servicing Problems Continue to Mount For Top Lenders as Regulatory Actions Unfold

June 16, 2011
Top servicers flagged for their faulty foreclosure practices will have an extra month to submit their mitigation plans, although federal regulators continue to bear down on the industry and are starting to withhold loss mitigation incentive payments from some companies. The Office of the Comptroller of the Currency and the Office of Thrift Supervision this week said they will give 12 servicers subject to consent orders extra time to submit “comprehensive action plans” that detail the financial resources the bank will commit to...
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FHFA’s New FOIA Regulation Now Includes the Inspector Gen.

June 10, 2011
The Federal Housing Finance Agency has issued an interim final regulation with a request for comments on changes to its existing Freedom of Information Act regulations. In its notice, published in the May 23 Federal Register, the FHFA said it is updating its existing FOIA regulations to include the FHFA Office of Inspector General. The FHFA-OIG did not yet exist when the Finance Agency’s original FOIA regulations were issued in 2009.
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CBO: Fair-Value Accounting Ups GSEs’ Costs

June 10, 2011
In light of Fannie Mae and Freddie Mac’s federal conservatorship status and the resulting control by the Treasury Department, the two GSEs are “effectively part of the government” and their operations should be reflected in the federal budget, according to the Congressional Budget Office.CBO has concluded that using a fair-value approach to estimate Fannie and Freddie’s subsidy costs is the best way to give Congress and taxpayers the most accurate accounting information.
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MBS Analysts Question Whether Risk-Retention Rule Will Align Interests Among Parties to Securitization

June 10, 2011
Although federal regulators this week gave the industry more time to comment on their controversial proposal on risk retention in non-agency MBS and ABS transactions, some industry experts have already suggested that the concept fails to address its fundamental purpose of strengthening deal quality by aligning the interests of securitizers and investors. Risk retention is an intellectually appealing idea, but it’s not clear that it provides...
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Tax Implications of Dodd-Frank Risk-Retention Rules Have Bankers Scrambling to Comprehend, Comply

June 10, 2011
Bank executives expect it will be a tall order for their firms to address the various tax implications of the Dodd-Frank Act, as well as the Basel III liquidity standards, particularly with regard to securitizations, according to a recent survey by audit, tax and advisory firm KPMG. KPMG reported that 48 percent of respondents said their firms were still trying to figure out the tax implications of Dodd-Frank and Basel III, while 49 percent said...
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Fannie Requires ‘Quality Contact’ with Borrowers

June 10, 2011
Servicers must achieve “quality right-party contact” (QRPC) with borrowers as a means of determining a delinquent homeowner’s willingness and ability to pay his mortgage under new standards Fannie Mae has laid out regarding the management of loans in danger of default.Fannie’s issuance of servicing standards this week is in compliance with the Federal Housing Finance Agency’s Servicing Alignment Initiative announced in late April to establish consistent mortgage loan servicing and management requirements for servicers acting on behalf of Fannie and Freddie Mac.
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OIG Says It’s Evaluating the FHFA’s Supervision

June 10, 2011
The watchdog agency charged with overseeing the regulator of Fannie Mae, Freddie Mac and the Federal Home Loan Banks said it has numerous audits and evaluations of the Federal Housing Finance Agency in the pipeline.According to two separate but related reports by the Office of the Inspector General of the FHFA issued late last month, the FHFA-OIG is in the midst of a total of 17 ongoing or planned reviews of the Finance Agency.
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