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Home » Topics » Inside the CFPB » Regulation

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Final Instructions Laid Out as H4H Heads into the Sunset

June 17, 2011
The Department of Housing and Urban Development has quietly announced preparations for the termination of FHA HOPE for Homeowners, a program that promised more than it could deliver. In a mortgagee letter, HUD laid out instructions on how to process cases during the program’s phase-out period. Launched in September 2008 to assist homeowners at risk of foreclosure, the H4H program will end on Sept. 30, 2011. July 29 is the last day to obtain a new H4H case number for lenders seeking to refinance borrowers into H4H loans after this date, while July 16 is the deadline ...
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Rule Allowing FCS Lenders in FHA Under Study at HUD

June 17, 2011
A proposed rule that would allow lenders in the federal Farm Credit System to participate in the FHA mortgage insurance programs is being closely scrutinized at the Department of Housing and Urban Development. The measure is one of several regulatory actions taken by HUD in response to President Obama’s directive in January calling for a government-wide review of rules and regulations. The review is aimed at weeding out rules that are outdated, unnecessary, excessively burdensome, and redundant or in conflict with other federal rules. Twenty rules, including the proposed FHA approval for FCS lenders, are now being streamlined or rewritten to ease the regulatory burdens of small businesses and spur economic growth. The proposed changes build ...
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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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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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