The securitization industry told the Securities and Exchange Commission this week that certain rules might be needed to make sure transaction parties are not creating and selling ABS that are intentionally designed to fail or default and profiting from the failure or default of such securities. However, industry representatives urged the regulator to make sure that any such rules not be overly broad or vague or place undue restrictions or prohibitions upon the securitization market and otherwise impair its recovery. The SEC in September proposed a rule to implement provisions...

The Consumer Financial Protection Bureau is on course to spend nearly half a billion dollars in 2013, half of which is projected to be devoted to supervision and enforcement, according to the budget proposal released by the Obama administration this week. The CFPB breaks down its expenditures into three categories, the largest of which is devoted to supervision, enforcement, fair lending and equal opportunity (SEFLEO), with projected funding to exceed the other two categories combined. After spending approximately $60 million in 2011, the SEFLEO bucket is budgeted at $214 million for 2012 and $261...

Industry representatives and members of Congress looked to the role of the appropriations process as House Republicans strengthened their push for greater oversight of and transparency from the Consumer Financial Protection Bureau. The House Financial Services Subcommittee on Financial Institutions and Consumer Credit held a hearing this week to consider separate bills that would change how the CFPB is funded. H.R. 1355, the Bureau of Consumer Financial Protection Accountability and Transparency Act of 2011, introduced by Rep. Randy Neugebauer, R-TX, would remove the CFPB from the Federal Reserve System, where...

A group of 39 GOP U.S. senators indicated late last week that they plan to join a lawsuit brought by business groups challenging the recess appointments Obama made last month, including that of Richard Cordray as director of the Consumer Financial Protection Bureau. “American democracy was born out of a rejection of the monarchies of Western Europe, anchored by limited government and separation of powers,” said Sen. John Cornyn, R-TX. “We refuse to stand by as this president arrogantly casts aside our constitution and defies the will of the American people under the election-year guise of defending...

MBS trustees are facing challenges on a number of fronts, according to panelists at the American Securitization Forum’s ASF 2012 conference last week in Las Vegas. Issuers are counting on trustees to provide new information required by the Securities and Exchange Commission, communications with the rating services have become strained, and municipalities are looking to require property maintenance on abandoned homes. Under the Dodd-Frank Act, the SEC now requires ABS issuers to disclose the three-year history of the repurchase requests they’ve received – including those withdrawn and those disputed...

The six federal agencies that have to respond to massive protests over a proposed qualified residential mortgage definition have offered little guidance on their next step, one that industry groups say is critical given its interaction with a separate rule that sets standards for qualified mortgages that show the borrower has the ability to repay a loan. “We will probably see a QM rule before a QRM rule,” said Joseph Pigg, senior counsel at the American Bankers Association. “Getting six regulatory agencies to agree will make QRM a longer process,” he noted. The QM/ability-to-repay rule is under...

Government regulators continue to wrestle with the controversial risk-retention rule mandated by the Dodd-Frank Act that is widely seen as one key to the prospects for reviving the non-agency MBS market. Officials from one of the agencies involved in the rulemaking told attendees at this week’s annual meeting of the American Securitization Forum that regulators are still studying the landslide of comment letters that came in response to a proposed rule published in April 2011. The extended comment period closed in August. “It is in the nature of the rulemaking process that an advanced notice of proposed...

Government oversight of mortgage lending has dramatically increased in the last two years, and the current trajectory established by the Dodd-Frank Act suggests things are going to get a lot worse before they’re going to get any better. The Dodd-Frank Act will generate a heavy load of new regulations for the industry to implement, and the process is not yet halfway done, said Rod Alba, senior regulatory counsel at the American Bankers Association, during an Inside Mortgage Finance Publications webinar this week. “We are in the midst of at least 24 months’ worth of overheated regulatory pronouncements,”...

There has been little progress in the development of new ways to pay for credit ratings even though researchers have seven proposed systems designed to address the conflicts of interest that have plagued the non-agency MBS market, according to a new Government Accountability Office report. The GAO noted that there were five significant ratings compensation models when it last reported on the subject in 2010, and two more have since been proposed. But the authors of these models have done little additional work to flesh them out, and none has been adopted in the marketplace, the GAO said. “Given that the [rating...

The Consumer Financial Protection Bureau will place an emphasis on nontraditional and subprime mortgages, according to origination exam procedures released last week for both banks and nonbanks. The new areas of emphasis largely fall under the CFPB’s recently gained authority to prohibit unfair, deceptive, or abusive acts or practices by lenders. The CFPB received the UDAP authority under the Dodd-Frank Act. In the CFPB’s originator exam procedures, the UDAP concerns are listed as ...