The Office of the Comptroller of the Currency recently released a letter on preemption maintaining that, under the Dodd-Frank Wall Street Reform and Consumer Protection Act, its 2004 preemption rule still applies to national banks...

The Federal Deposit Insurance Corp., as the receiver of Washington Mutual, earlier this month sued Lender Processing Services of Jacksonville, FL, and CoreLogic of Santa Ana, CA, and their corporate parents and affiliates for a combined $283.5 million, alleging gross negligence and breach of contract related to appraisals performed for hundreds of the defunct lender's mortgages between 2006 and 2008...

Staff at the Federal Reserve Bank of New York and other legal professionals are scrutinizing the fundamental questions the foreclosure crisis has raised about the adequacy of the legal framework for modern mortgage note transactions, especially when it comes to transferring and enforcing notes and mortgages, and how best to resolve them. The role of the Mortgage Electronic Registration System is a part of the discussion. To date, they are relying upon a number of issues that have been identified in a draft discussion document prepared recently by the Permanent Editorial Board of the Uniform Commercial Code, in conjunction with...

The mortgage banking industry is concerned that the Federal Reserve’s proposed rule on escrow accounts for higher-priced mortgage loans – especially the vast expansion of escrow account disclosure – is duplicative, unduly burdensome, and may be superseded shortly after it is implemented by the Consumer Financial Protection Bureau...

The Treasury Market Practices Group wants to improve efficiency in the agency MBS market by imposing charges for failure to complete transactions. “The TMPG is proposing fails charges in the agency debt and agency MBS markets in order to reduce the incidence of delivery failures in the market,” said Tom Wipf, chair of...

A bill that would create a legislative framework for a covered bond market in the U.S. cleared a House subcommittee with bipartisan support this week following some fine tuning by its sponsors to address concerns raised by critics and regulators. The House Financial Services Subcommittee on Capital Markets and...

One of the emerging compliance priorities for mortgage lenders will be to synchronize as much as possible their adoption of separate rules for “qualified mortgages” and “qualified residential mortgages” developed by federal regulators following the Dodd-Frank Wall Street Reform and Consumer Protection Act. Adding to the challenge is...

The American Guild of Appraisers met with Rep. Barney Frank, D-MA, on April 14 to ask for his help in resolving the guild’s concerns with the Federal Reserve Board’s interim final rule on appraiser independence and reasonable and customary fees, which was implemented on the first of the month...

The consent decree which certain mortgage servicers have reportedly agreed to draws heavily from an earlier draft of comprehensive measures developed by federal banking regulators to improve foreclosure policies and practices. The provisions in the draft, which had been ready as early as February, compel servicers to...

The Federal Reserve Board’s loan originator compensation rule is finally in effect after lawsuits filed by mortgage broker trade groups failed to stop the rule in its tracks. In a terse, one-page decision, the U.S. District Court of Appeals for the District of Columbia Circuit lifted a temporary stay order against...