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Home » Topics » Inside the CFPB » Regulation

Regulation
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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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FHA Urged to Allow e-Signatures on All Loan Docs

June 3, 2011
The Mortgage Bankers Association has asked the FHA to allow the use of electronic signatures, or e-signatures, for all mortgage origination forms required by the agency. In a recent letter, the MBA requested Robert Ryan, acting assistant secretary for housing and FHA commissioner, to implement a revised policy authorizing e-signatures on all FHA loan documents. Electronic signatures are already acceptable under federal law and by the FHA on certain documents, the MBA noted. The use of e-signatures will help reduce processing issues that impair the homebuying process ...
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Industry Groups Ask FHA to Relax Condo Rules

June 3, 2011
Industry groups are recommending changes to FHA’s condominium rules to boost sales without putting pressure on the FHA’s Mutual Mortgage Insurance fund. Amending FHA rules on condo developments would enable lenders to move more real-estate-owned properties off their books as more units become eligible for buyers with FHA mortgages, the groups said. On the other hand, current condo owners would benefit from the increased owner-occupied ratio as vacant units are purchased, the groups noted. Improving the health of condo developments will reduce the risk to the insurance fund, they added. Condo loans are performing stronger ...
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Large DE Lender Agrees to $1.2 Million Settlement

June 3, 2011
A major direct endorsement lender has agreed to pay $1.2 million to the Department of Housing and Urban Development to resolve allegations that it failed to comply with FHA requirements in connection with 27 mortgage loans. U.S. Bank did not admit any liability or wrongdoing in its agreement to pay the settlement amount, although HUD claimed it lost more than $465,000 on poorly underwritten loans originated in 2003 and 2004. …
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FCA Whistleblowers Barred from Using FOIA Evidence

June 3, 2011
The U.S. Supreme Court did FHA lenders a small favor recently by limiting the use of evidence obtained from government sources in cases brought under the False Claim Act, lately the bane of mortgage lenders that originate government-insured loans and are accused of fraud and abusive lending practices. The opinion could discourage whistleblowers from bringing FCA lawsuits if they base their allegations not on their own experience but on information obtained through the federal Freedom of Information Act. In a May 16 decision in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-88, the Supreme Court ruled ...
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