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Federal Roundup

April 11, 2011
Federal Financial Institutions Examination Council. Revised Interagency Exam Procedures for Regulation Z (TILA). Notwithstanding court petitions seeking to stop the implementation of a new loan originator compensation rule, the Federal Reserve Board announced revised examination procedures that will ensure...
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Government Shutdown Would Hit FHA

April 8, 2011
The potential shutdown of the federal government at the end of this week could have sudden and detrimental effects on FHA borrowers and lenders, although the situation was still very much in flux as Friday’s midnight deadline rapidly approached. “This is the worst time to introduce this uncertainty into...
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Industry Wary of QRMs’ Impact on FHA

April 8, 2011
Congress explicitly exempted FHA and Department of Veterans Affairs loans from the definition of “qualified residential mortgage” in the Dodd-Frank Wall Street Reform and Consumer Protection Act. While those government loans will not be subject to the risk-retention requirements for mortgage securitizations, the proposed QRM safe harbor for... [Includes one graph]
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More FHA Legislation, Reform Coming

April 8, 2011
The package of government-sponsored enterprise reform legislation introduced into the House Financial Services Committee last week dominated headlines, but sources on Capitol Hill said forthcoming legislation will also aim to tighten FHA underwriting in some manner, continuing to protect the program’s...
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Feds’ Risk-Retention Plan Favors GSEs, Would Stymie Nonconforming Market

April 8, 2011
Risk-retention requirements proposed by federal regulators last week strongly favor the government-sponsored enterprises over non-agency securitization, according to industry analysts. The pristine mortgages in Redwood Trust’s recent jumbo securitization would not completely meet the standards and the vast majority of... [Includes one graph]
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OCC to Pursue Own Settlement with Servicers?

March 28, 2011
Dissent threatens to split a coalition of federal agencies and 50 state attorneys general over a proposed settlement with major mortgage servicers over improper and abusive servicing practices. As federal agencies and state regulators prepare to meet with mortgage servicers for the first time next week, their unity appeared to fray ...
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Lenders Urged to Revisit Captive Re Pacts to Ensure Compliance

March 28, 2011
Mortgage lenders that are still using captive reinsurance should give this business tool a second look in the wake of a tentative $34 million class-action settlement between Bank of America’s Countrywide unit and Pennsylvania borrowers. The U.S. Court of Appeals for the Third Circuit gave...
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Regulators May Grant Lenders Flexibility in Credit-Risk Retention

March 28, 2011
Mortgage lenders may be given a free hand in structuring their retained risk, although how they should do it remains unclear. Regulators are reportedly close to giving lenders more elbow room on risk retention, which may come up for discussion next week when the Federal Deposit Insurance Corp.’s board of directors holds...
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Federal Roundup

March 28, 2011
Bureau of Consumer Financial ProtectionTaking Consumer Complaints. The BCFP’s implementation team is seeking comment on receiving and processing consumer complaints, which is one the fledgling agency’s functions when it goes fully operational as scheduled on July 21. The implementation team, which is...
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State Roundup

March 14, 2011
Arizona. The state Senate has passed S.B. 1259, which would require lenders to produce the full chain of title or risk the foreclosure sale being voided. The GOP-sponsored bill passed by a vote of 28-2 and is now being considered in the state House. The purpose of the bill is to require...
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