The Federal Trade Commission has called on the bureau to do more consumer testing before it comes out with a finalized version of its streamlined, consolidated Truth in Lending Act and Real Estate Settlement Procedures Act consumer mortgage disclosure rulemaking. The FTC’s Bureau of Consumer Protection, Bureau of Economics and Office of Policy Planning submitted a comment letter to the CFPB stating that the proposed disclosures “will likely improve the information that consumers receive under current federal regulations” because they “are generally simpler and less...

Opponents of the Dodd-Frank Wall Street Reform and Consumer Protection Act that created the CFPB are finding some initial success in chipping away at various provisions of the law through legal challenges. So far, authorities of the bureau itself have escaped the crosshairs of such legal challenges. However, the legitimacy of President Barack Obama’s appointment of Richard Cordray as director of the CFPB has been challenged in a round-about manner. So far, federal regulators have twice lost in court in their efforts to defend some of the rules they put in place...

Unanticipated complications with the Dodd-Frank Act appear to have caused Fannie Mae and Freddie Mac to miss a Sept. 30 deadline set by the Federal Housing Finance Agency to initiate risk-sharing transactions with non-agency investors. However, FHFA officials said they continue to work with the government-sponsored enterprises on the issue. “Risk sharing is a complex process that requires time to assess market opportunities, structural considerations, make operational changes, and develop proper risk metrics and controls,” an FHFA spokesman said. “We are moving forward steadily and expect to continue making progress in the coming months.” FHFA officials would not comment...

New issuance of single-family MBS by Fannie Mae, Freddie Mac and Ginnie Mae jumped by 16.9 percent from the second quarter of 2012 to the third quarter, according to a new market analysis and ranking by Inside MBS & ABS. The three agencies issued a total of $436.0 billion of single-family MBS during the third quarter, raising year-to-date issuance to $1.194 trillion. That was up 45.6 percent from the first nine months of 2011. Over half (50.3 percent) of the agency production in 2012 has come...[Includes one data chart]

A federal district court in Minnesota rejected a mortgage securitization trustee’s plea to compel a lender to repurchase defective home loans after finding that the loans no longer existed following the foreclosure and sale of the mortgaged properties. Ruling in MASTR Asset-Backed Securities Trust 2006-HE3 v. WMC Mortgage Corp., U.S. District Court Judge John Tunheim granted the lender’s motion for partial summary judgment after determining that the loans had been extinguished when the trustee foreclosed on the properties and charged off the remaining principal balances. The dispute boiled down...

Federal banking regulators, striving to keep their bank oversight current with international regulators through the adoption of the Basel III capitalization standards, are facing growing domestic resistance, including that of some of their state-based counterparts, who are concerned about the impact on mortgage assets. Greg Gonzales, chairman of the Conference of State Bank Supervisors, said last week that the organization strongly supports federal banking agencies’ efforts to improve capital standards internationally and for systemic institutions, but is opposed to their proposed approach to implement the Basel III capital accord and to incorporate a standardized approach for risk-weighted assets. “As bank supervisors, we believe...

A National Association of Insurance Commissioners proposal for more conservative ratings of insurer holdings of residential and commercial MBS could result in higher risk-based capital requirements on some of these securities, warned analysts. As the proposal currently stands, the changes involve increasing the probability weights assigned to more pessimistic economic scenarios. However, the method by which the economic scenarios are created will not change, according to Barclays Capital analysts monitoring the work of NAIC’s Valuations of Securities Task Force, which was assigned to develop the risk-based capital proposal for insurers’ CMBS and RMBS holdings. The proposed peak-to-trough economic scenarios for RMBS and CMBS consist...

With the planned acquisition of Homeward Residential, Ocwen Financial fired the latest shot as nonbank special servicers compete to grow their portfolios. While officials at Ocwen noted the “synergistic” benefits of the planned purchase, industry analysts warned that the move puts Ocwen in a shaky financial position. The company announced last week that it plans to acquire Homeward for $588 million in cash and $162 million in Ocwen stock. The acquisition will strengthen Ocwen’s position as the largest ...

Bank and thrift holdings of home-equity loans continue to decline, according to the Inside Mortgage Finance Bank Mortgage Database, with lenders hesitant to pursue new originations. The low interest rate environment for first liens has not particularly extended to HELs, with interest rates above 5.00 percent often offered to borrowers looking into a home-equity loan. Banks and thrifts held $1.14 trillion in home-equity lines-of-credit, HELOC commitments and closed-end second liens ... [Includes one data chart]

“Servicers are less likely to act on the first-lien mortgage owned by investors when they themselves own the second-lien mortgage secured by the same property,” according to a new study based on data collected by the Office of the Comptroller of the Currency from 10 large bank servicers. The study confirms suspicions that bank servicers are conflicted regarding loss mitigation, particularly because their second-lien holdings continue to perform relatively well even as corresponding first liens have ...