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Inside the CFPB

February 28, 2011

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OCC, Agencies Clash Over Servicer Penalties

Federal regulators are deeply divided on the amount of fines and the scope of procedural changes that should be imposed against major mortgage servicers to settle state and federal claims of fraud and other improprieties in the home foreclosure process. While no settlement agreement has been reached... Read More

Foreclosure Issues Spill Over to Bankruptcy

Many of the allegations made in the context of mortgage foreclosures are making their way into bankruptcy courts as a result of the robo-signing mess, according to compliance experts. Bankruptcy judges are now looking closely at mortgage documents, particularly with respect to proofs-of-claim and other affidavits and attestations of ownership and standing that must be made... Read More

Loan Servicers Expect Penalties, Sanctions from Federal Agencies

Major mortgage servicers are bracing for the worst as a result of the recent state and federal investigations of foreclosure irregularities, securities filings show. Foreclosure-related probes by numerous federal agencies and a multistate task force of attorneys general could result... Read More

House GOP Moves to Restrict BCFP’s Ability to Conduct Mission

House Republicans have voted, among other things, to slash initial funding for the Bureau of Consumer Financial Protection by nearly 60 percent in an effort to curb the new agency’s oversight powers over banks and nonbanks. By a vote of 235 to 180, the House passed a new continuing resolution (H.R. 1), the Full Year Continuing Appropriations Act, which would limit... Read More

WV Court Imposes Hefty Penalty on Quicken Loans for Bad Practices

A West Virginia judge has ordered Quicken Loans to pay a 45-year old licensed practical nurse and her adult disabled daughter more than $2.7 million in punitive damages and legal costs after finding the lender guilty of fraudulent and deceptive mortgage lending practices. In a Feb. 17 decision, Judge Arthur Recht of the Circuit Court of Ohio County, WV, concluded... Read More

MLOs Likely to Opt for Pay Based On Points Paid on Loan Amount

The compensation formula that will most likely be used by mortgage loan originators to comply with the Federal Reserve’s final rule is a percentage of the loan-funded balance with a minimum floor, according to the California Association of Mortgage Professionals. In an analysis of the rule, the CAMP said MLOs will most likely choose... Read More

Fed Issues Final, Proposed Rules To Revise Escrow Requirements

The Federal Reserve Board has issued a final rule and sought comment on a proposed rule to revise escrow requirements for first-lien jumbo mortgage loans and first-lien, higher-priced mortgages, respectively. The changes to Regulation Z, which implements... Read More

State Roundup

Florida. State Attorney General Pam Bondi has launched a civil investigation into the foreclosure practices of a Ft. Lauderdale law firm shortly after Fannie Mae quit sending business to the firm. Ben-Ezra & Katz and its principals, Marc Ben-Ezra and Marvin Katz, are... Read More

Federal Roundup

House Financial Services CommitteeBills to Shut Down Ineffective Foreclosure Programs. Financial Services Committee Chairman Spencer Bachus, R-AL, announced a subcommittee hearing and a full committee markup of four bills that will eliminate... Read More

Worth Noting

  • The Federal Trade Commission has announced the appointment of Edward Hassi as chief litigation officer for the agency’s Bureau of Competition. He replaces J. Robert Robertson, who left the agency in 2010 to return to private practice. Hassi is formerly a partner at the Washington, DC, law firm O’Melveny & Myers, where he served... Read More

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