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Home » Topics » Inside the CFPB » State Regulation

State Regulation
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Servicers Advised to Mimic Consent Order Compliance

July 18, 2011
Mortgage servicers that have not yet contemplated adjusting their practices to conform to the principles illustrated in the consent decrees federal regulators issued earlier this year against 14 top servicers, as well as the June 30 guidance from the Office of the Comptroller of the Currency, better think again, and quickly, a leading industry attorney is recommending. “I think the OCC’s guidance is a clear statement of regulator expectations as to the performance of bank servicers, both in terms of looking back and addressing past issues and in creating an appropriate compliance structure going forward,” Andrew Sandler, chairman of the BuckleySandler law firm, told Inside Regulatory Strategies. “The expectation should be that other regulators, including the Federal Reserve and the Consumer Financial Protection Bureau, will have very similar sets of expectations.”..
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Members of Congress Want Intel from the CFPB

July 1, 2011
Following signs that the Consumer Financial Protection Bureau may been far more involved in the 50-state servicer settlement discussions than it has publicly let on, key Republican House committee chairmen have called upon Treasury Secretary Timothy Geithner to provide documents and records related to the CFPB’s role in the negotiations, un-redacted, by no later than July 5. In their request, the lawmakers cited a copy of a CFPB settlement presentation that recommended goals, provided…
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State Roundup

July 1, 2011
Florida. Gov. Rick Scott (R) has signed H.B. 951, which ratifies the validity of electronic documents submitted to and accepted by a court clerk or county recorder for recordation, whether or not those documents complied with applicable e-document-related laws and regulations at the time. Louisiana. Gov. Bobby Jindal (R) has signed H.B. 492, which exempts from the mortgage loan originator licensing requirement set forth under the Louisiana Residential Mortgage Lending Act certain individuals…
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States Told FHA, VA Originators Subject to SAFE Act

July 1, 2011
The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 covers loan originators working for entities that originate FHA or VA mortgage loans, according to a final rule issued by the Department of Housing and Urban Development. Under the long-anticipated rule on state compliance with the SAFE Act, HUD clarified that even though the FHA and VA programs were created by federal statute and governed by federal regulations, the loans they insure or guarantee are originated for profit. Since FHA and VA loans are originated in the “commercial context,” the loan originators (LOs) are generally subject to the requirements of...
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CFPB Heavily Involved in 50-State Talks?

June 20, 2011
The Consumer Financial Protection Bureau may have been more intensively involved in the 50-state servicer settlement discussions than it has publicly let on, and has tried to keep at least some of its contact with the state attorneys general secret, emails from several state agencies seem to suggest...
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State Roundup

June 20, 2011
Maine. Governor Paul LePage has signed LD 290, legislation implementing the Secure and Fair Enforcement for Mortgage Licensing Act of 2008; MORE..
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GSE Servicing Initiative May Squeeze Out AGs

May 9, 2011
Between the servicing alignment initiative recently announced by the Federal Housing Finance Agency, the consent decrees bank regulators struck with some top mortgage servicers last month, and possible national servicing standards from federal policymakers in the near future, there may be very little room left for state attorneys general and regulators to influence servicing practices going forward...
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How Will Servicers Cope With Multiple Regulatory Mandates?

May 9, 2011
The mortgage servicing industry is going to have its hands full and then some as it faces multiple levels of regulatory and statutory requirements over its practices, raising the question of exactly how all of these mandates and protocols are going to interact and how servicers are going to interface with them...
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Study Faults AG Plan

April 15, 2011
The draft servicing settlement proposed by some state attorneys general would prove counterproductive because it would drive up defaults and foreclosure costs and would not likely provide broad or lasting benefits, according to a study released this week. Researchers at Kansas State University, Louisiana State University and the National Bureau of Economic Research said...
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State Roundup

April 11, 2011
Illinois. The Division of Banking has been receiving inquiries regarding a number of mortgage companies that are still in the process of renewing their Illinois residential mortgage licenses for calendar year 2011 through the Nationwide Mortgage Licensing System and Registry. The issue is that...
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