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Home » Topics » Inside the CFPB » Regulation

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CBO Urges Bookkeeping Change That Could Alter Politics of Agency Mortgage Market

June 9, 2011
The Congressional Budget Office is recommending changes in how the government accounts for programs that dominate the residential mortgage market, which could make the FHA program less at-tractive, politically, and shape the post-Fannie/Freddie market. In a pair of recent reports, the CBO said the government should adopt fair-value accounting for assessing the cost of the FHA, Fannie Mae and Freddie Mac in the federal budget. Congress currently uses special rules mandated by the Federal Credit Reform Act of 1990 in creating annual budgets for the FHA, while the government-sponsored enterprises are...
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10-State Settlement with Weichert Financial Brings About Host of Changes in Lender’s Business Practices

June 9, 2011
Weichert Financial/Mortgage Access Corp., an agency/jumbo mortgage lender in 43 states, reached a settlement with the banking regulators of 10 states after a multi-state examination found numerous compliance and internal control deficiencies, including the use of an “interstate lending desk” to facilitate the origination or completion of mortgage applications by originators that were not licensed in the appropriate jurisdictions. “The multi-state mortgage examination program was initiated to enhance consumer protection, foster a culture of compliance within the industry, and hold...
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Critics Slam OCC’s View of New Preemption Powers under Dodd-Frank Act’s Provisions

June 9, 2011
Consumer and civil rights groups are up in arms over the Office of the Comptroller of the Currency’s recent interpretation of preemption under the Dodd-Frank Act, which would allow the OCC to generally retain its existing preemption regulations. The uproar stemmed from a letter the OCC sent to certain members of Congress on May 12 lay-ing out the agency’s views of its preemption powers under the new preemption provisions of Title X of the Dodd-Frank Act. Those views have been embodied in a proposed OCC rulemaking implementing several DFA provisions, including...
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OCC Proposes Changes to Preemption

June 6, 2011
The Office of the Comptroller of the Currency has issued a proposed rule that features some important changes to national bank preemption and the agency’s visitorial authority in the wake of the Dodd-Frank Wall Street Reform and Consumer Protection Act. But industry legal experts say it’s too soon to tell what kind of effect the rule might have on the mortgage lending market or whether it may prompt charter movement among financial institutions...
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Industry Raises Alarm Over Risk Retention

June 6, 2011
In an unusual convergence, consumer advocacy groups have joined with mortgage lending and real estate interests to warn federal regulators about a host of negative consequences with their interagency proposed rulemaking to implement the risk retention and “qualified residential mortgage” provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act...
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Industry Has Numerous Issues With CFPB Proposed Disclosures

June 6, 2011
Mortgage lenders have a number of questions about the two new prototype disclosure forms circulated for public comment recently by the Consumer Financial Protection Bureau, but none of the issues appears to be a deal-breaker...
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State Roundup

June 6, 2011
Illinois. A federal grand jury has indicted three partners in a failed Chicago North Shore development project, a title company executive and a loan officer for allegedly engaging in a $15.7 million residential mortgage and construction loan fraud scheme to help finance the failed mixed-use commercial development known as the Center of the Northshore. The government accuses
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Federal Roundup

June 6, 2011
Office of the Comptroller of the CurrencyFederal Reserve SystemFederal Deposit Insurance Corp.Securities and Exchange CommissionFederal Housing Finance AgencyDepartment of Housing and Urban Development Credit Risk Retention – Proposed Rule: Comments Due. Public comments on the interagency proposed rule on credit risk retention are due June 10, 2011. (See...
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FINRA Fines Merrill Lynch, Credit Suisse for Misrepresenting Delinquency Rates on MBS

June 3, 2011
The Financial Industry Regulatory Authority last week fined Credit Suisse Securities and Merrill Lynch for alleged misrepresentation of delinquency data and inadequate supervision of subprime residential MBS that ended up misleading investors about the performance of pool assets. “FINRA found that in 2006, Credit Suisse misrepresented the historical delinquency rates for 21 subprime RMBS it underwrote and sold,” the independent regulator said in a statement. “Although Credit Suisse knew...
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Lower Loan Limits Means Fewer FHA Loans

June 3, 2011
The FHA could lose 7 percent, or $2.8 billion, of its current business if loan limits are lowered this year, according to a government analysis of the impact of new lower loan limits going into effect in the fall. Barring congressional action, the temporary FHA loan limits will revert by statute to the lower loan limits determined by the Housing and Economic Recovery Act for loans insured by the FHA on or after Oct. 1. The FHA single-family loan limit, which is tied to the conforming loan limit, continues to start at $271,050 in low-cost areas and goes as high as $729,750 in high-cost areas of the country. On Oct. 1, however...
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