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Home » Topics » Inside the CFPB » State Regulation

State Regulation
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State Roundup

October 10, 2011
California. The state amended a number of its mortgage loan originator licensing provisions under the California Finance Lenders Law last week, including one amendment that permits applicants who have an expunged or pardoned felony conviction to obtain a license. The underlying crime, facts or circumstances can be considered when determining whether to issue a license. Another amendment permits a person exempt from the California Finance Lenders Law to register with the Commissioner of Corporations so as to sponsor one or more individuals required to be licensed under the SAFE Act if specific requirements are met.
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Tech Paves Way for Regulatory eExamination

September 30, 2011
States are moving quickly to implement laws and regulations facilitating “eExamination” of mortgage lenders, leveraging technological innovation to bring the industry closer towards the goal of self-examination and self-regulation. “We are close to 30 states that are doing eExaminations, and we’re trying to bring on additional states as we move forward,” said Michael Chan, vice president of technology vendor Compliance Ease. “One of the reasons why I would say we’re reaching a tipping point is that state regulators are conducting limited-scope electronic exams,” he added. The idea behind that is...
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Lenders Seek Mechanism to Resolve Disputes With Increasingly Active State Regulators

September 29, 2011
As state regulators ratchet up their examinations of licensed mortgage companies, lenders are beginning to look for a way to raise concerns and ask questions during the evaluation. Such a mechanism might take the form of an ombudsman or neutral feedback loop that would allow for clarification. “The exam process is supposed to be about regulatory compliance and operation soundness. Right now, there’s no way for licensed mortgage companies to go back to the [Conference of State Bank Supervisors] to get questions answered or provide real-time feedback,” noted Donald Lampe, the leader of Dykema’s financial...
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Mortgage Trends

September 16, 2011
State regulators are gradually working through the pile of licensing applications submitted by mortgage companies and loan originators. The total number of unique entities holding state licenses increased 7.2 percent during the second quarter, reaching 140,421, according to an Inside Mortgage Trends analysis of data from the National Mortgage Licensing System. The vast majority of those licenses (76 percent) are held by individual loan officers. Regulators still had some 35,024 licensing applications pending at the end of June, but that was down 23 percent from the previous quarter. And the number of new applications submitted during...
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AG Settlement Hinges on Multiple Issues

August 29, 2011
Department of Housing and Urban Development Secretary Shaun Donovan said it was just “a matter of weeks” until there would be a settlement between federal and state agencies and much of the mortgage servicing industry over foreclosure practices in the aftermath of the “robo-signing” scandal. That was almost three months ago. Recent indications suggest the coalition of government agencies involved in the effort may be fraying. Last week, Iowa Attorney General Tom Miller, who is leading negotiations with the industry, suddenly dumped New York Attorney General Eric Schneiderman from the coalition’s executive committee, claiming the NY AG had “actively worked to undermine” the group’s efforts recently.
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State Roundup

August 29, 2011
Illinois. The U.S. Attorney’s Office for the Northern District of Illinois announced that a former South Holland, IL, man, Kenneth Steward, was sentenced to 17 years and six months in federal prison for allegedly directing a $35 million mortgage fraud scheme involving more than 120 residences on Chicago’s south side. The scheme caused various lenders and financial institutions to lose approximately $16 million on mortgage loans that were not repaid by the borrowers or fully recovered through subsequent foreclosure sales, federal law enforcement officials said. The sentence that was imposed is one of the longest ever given to a mortgage fraud defendant in federal court in Chicago, according to officials.
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Some Private MIs Could Be Ordered to Cease Writing New Policies in Wake of GSEs’ Suspension of RMIC

August 4, 2011
A number of distressed mortgage insurance companies with special covenants with state regulators and the government-sponsored enterprises are in danger of losing their ability to write new insurance as continued losses prevent them from meeting financial eligibility requirements. With credit trends further weakening in the second quarter, certain mortgage insurers, including Mortgage Guaranty Insurance Corp. and PMI Mortgage Insurance Co., could slip below minimum re-serve and surplus requirements, observers say. Already on capital-requirement waivers, the MIs could be ordered to stop ...
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Senate Panel to Consider CFPB Director Nominee This Week

August 1, 2011
The Senate Banking Committee plans a hearing on Thursday to consider President Barack Obama's nomination of Richard Cordray, the former Ohio attorney general and current chief of enforcement at the Consumer Financial Protection Bureau, to be the first official director of the CFPB. “With [this] hearing, I will begin the process of moving Mr. Cordray’s nomination forward to confirmation,” said Sen. Tim Johnson, D-SD, chairman of the committee. “The CFPB opened its doors as an independent agency on July 21st, and it is off to a strong start promoting an equitable and transparent consumer financial marketplace. However, until it has a director, the CFPB will not be able to use its full powers to protect consumers and level the playing field for community banks and credit unions.” ...
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State Roundup

August 1, 2011
Massachusetts. State Attorney General Martha Coakley reportedly plans to obtain documentation filed by Mortgage Electronic Registration Systems as part of the broader investigation by a 50-state coalition of attorney generals into potentially unlawful foreclosure practices. New Jersey. Former mortgage broker Ara Mesropian, 39, of Paramus, NJ, pleaded guilty to charges that he participated in a mortgage fraud scheme which defrauded lenders and generated millions of dollars in fraudulent mortgage loans. ...
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Many NMLSR Licensees are Brokers with FHA Business

July 29, 2011
Most state-licensed mortgage companies in the Nationwide Mortgage Licensing System and Registry are mortgage brokers, of which a significant portion does FHA loan correspondent business, according to a recent report issued by the Conference of State Bank Supervisors. As of the end of the first quarter, 14,980 companies possessed 28,415 licenses – an average of two state licenses per company, according to the report, “A Nationwide View on State-Licensed Mortgage Entities, Quarter I, 2011.” The licensee/registrant reports ...
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