The Department of the Treasury and state banking regulators strenuously objected to a proposed rule issued by the Office of the Comptroller of the Currency regarding federal preemption of state consumer financial law even as calls to withdraw the proposal or reopen its comment period mounted. As the comment period ended June 27, the Treasury Department responded unfavorably to the preemption rule proposed by one of its own bureaus, saying that the agency’s approach is incompatible with the federal preemption text of the Dodd-Frank Act and its ...

The new final rule from the Department of Housing and Urban Development does not require individuals engaged in mortgage loan modifications or working as third-party mod specialists to be li-censed under the Secure and Fair Enforcement of Mortgage Licensing Act of 2008. But the bad news is that the HUD rule doesn’t exempt them either – it pushes the issue off to the Consumer Financial Protection Bureau. The rule sets a minimum standard for states to adhere to in order to comply with the SAFE Act in licensing mortgage loan originators who don’t ...

The Obama administration needs to move more aggressively than planned if it wants to return the FHA mortgage insurance program to its traditional client base and market size, according to a new analysis by researchers at George Washington University. At a time when many industry and consumer groups are urging policymakers to maintain the status quo so as not to hurt a still fragile housing market, report authors Robert Van Order and Anthony Yezer say FHA loan limits should be ...

Fannie Mae late last week reiterated to lenders its policy on mortgage insurance coverage while it also tweaked its requirements for reporting notifications of MI rescissions, mortgage insurer-initiated cancellations and claim denials. The government-sponsored enterprise’s announcement, published June 30, reminds servicers of their “contractual obligations” to ensure that any MI coverage required by Fannie is maintained. “Mortgage insurance claims must be pursued in a way that will at all times protect Fannie Mae’s ...

There is a good chance that criminal charges will be brought by the U.S. Department of Justice against the major mortgage servicers following a nationwide probe into robo-signing and other foreclosure processing issues. Officials representing the Financial Fraud Enforcement Task Force, a broad coalition of federal agencies working with state and local officials, said during a recent hearing in the Senate Judiciary Subcommittee on Administrative Oversight and the Courts, that further investigations and prosecutions stemming from ...

Financial institutions are taking steps to prepare for an increased amount of data they will have to collect and report as a result of the regulatory deluge from the Dodd-Frank Act, according to experts participating in a webinar sponsored by Deloitte & Touche late last week. Organizations are “focused on disclosure, taking inventory of their own rules and regulations and they’re doing a series of different types ...

An official from the Federal Reserve Bank of New York defended the joint agency proposed rule on risk retention, claiming that it doesn’t do anything to block incentives to securitize. The proposed rule has been widely criticized by Wall Street and other financial institutions, which have urged the agencies to start over again with a new proposal. “I don’t understand how you would get...

Ginnie Mae has made some changes regarding the collection and reporting of data on the underlying collateral that backs outstanding Ginnie Mae MBS. The goal is to expand the type of data collected at pool issuance to provide greater transparency and more relevant information to investors. The technical changes were laid out this week for Ginnie Mae program participants during a webinar hosted by the agency. Some of the changes relate...

The strength of the non-agency market has become a major point of concern as a diverse coalition of market participants lobbies for changes to a proposed rule for mandatory risk retention. The impact on the non-agency market is second only to the group’s concerns about downpayment requirements in the qualified residential mortgage debate. “The proposed narrow QRM rule discourages...

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…