The Office of the Comptroller of the Currency recently released a letter on preemption maintaining that, under the Dodd-Frank Wall Street Reform and Consumer Protection Act, its 2004 preemption rule still applies to national banks...

Consumer Financial Protection Bureau. Two Leadership Hires Made. Harvard University Professor of Economics Sendhil Mullainathan has been hired to serve as assistant director for research at the CFPB...

There is "not even a whiff of a hint of a compromise" between Congressional Republicans and President Obama and his fellow Democrats in Congress over the possible appointment of Harvard law professor Elizabeth Warren to be director of the Consumer Financial Protection Bureau, according to some industry insiders...

Congressional Republicans are doing just about everything they can- short of calling on U.S. Navy SEAL Team 6 - to weaken, throttle, starve or deep-six the Consumer Finance Protection Bureau before it gets up to full speed...

A handful of Congressional Democrats aren't letting the prospect that legislation they are sponsoring may go nowhere in committee keep them from trying to toughen the terms of the regulatory debate over national servicer standards...

The U.S. Supreme Court last week called upon the Solicitor General for advice on whether the high court should review a case involving allegations that Quicken Loans obtained unearned "loan discount fees" in some mortgage loan transactions in Louisiana, contrary to Section 8(b) of the Real Estate Settlement Procedures Act...

Industry attorneys are warning FHA lenders and other users of federal funding to carefully screen loans they originate, or risk a government lawsuit for violation of the False Claims Act. First enacted during the Civil War against government contractors gouging the Union Army, the FCA has expanded beyond defense contractors and health care providers and is now being used aggressively to challenge improper FHA lending practices, according to panelists on a recent webinar hosted by the Washington law firm BuckleySandler. With government insurance increasingly on the hook, federal enforcement along the lines of the recent Department of Justice lawsuit against ...

Consumer advocates called on Congress to extend national mortgage servicing standards to all servicers, including those of government-insured home loans. Testifying before the Senate Banking Subcommittee on Housing, Transportation and Community Development recently, Diane Thompson, of counsel to the National Consumer Law Center, said loans made by the FHA, the VA and the Rural Housing Services are generally aimed at ...

Narrowly defined "qualified residential mortgages" under risk-retention rules and anything less than an absolute "qualified mortgage" safe harbor can severely limit credit availability and ultimately hamper the return of non-agency securitization, warned Amherst Securities Group in a new report. Arguing that risk retention may not produce any net benefit, the Amherst report said that the proposed definition of a qualified residential mortgage is too restrictive and that it may result in less mortgage credit being available. The effect would be more detrimental if Congress decides to further limit the reach of both...

The securitization market requires less of a heavy handed approach from government and a softer touch in order to restore investor confidence and lure private capital back into the market, industry executives told senators on Capitol Hill this week. Witnesses testifying before the Senate Banking Subcommittee on Securities, Insurance and Investment said the state of the securitization market is uncertain, due to government subsidies crowding out budding private sector resurgence, as well as an overly broad, but ambiguous, interpretation of the Dodd-Frank Act by regulators. "The consequences of failing to attract sufficient private-sector capital to...