FDIC Invites Comments on Stress Test Rules

The Federal Deposit Insurance
Corporation (FDIC) has issued a notice of proposed rulemaking (NPR) for
comment.  The NPR would require the
larger of the banks it regulates to conduct annual capital-adequacy stress
tests.  The tests are one requirement of
the Dodd-Frank Wall Street Reform Act and will affect FDIC-insured banks and
savings institutions with assets of more than $10 billion.  The FDIC currently has 23 financial
institutions meeting that criterion

The proposed rule focuses on capital
adequacy and defines a stress test as a process to assess the potential impact
on the bank of economic and financial conditions (“scenarios”) on the
consolidated earnings, losses, and capital of the covered bank over a set
planning horizon.  FDIC said that these
stress tests would be one component of the broader stress testing activities
conducted by the banks which should address the impact of a broad range of
potentially negative outcomes across a broad set of risk types with impacts
beyond capital adequacy along.  These,
however, are beyond the scope of the proposed rule.

Under the NPR each covered bank
would be required to conduct the test annually using the bank’s financial data
as of September 30 of that year.  Where
the parent company structure of the covered bank includes one or more financial
companies, each with assets greater than the $10 billion threshold, the stress
test requirement applies to the parent and to each subsidiary meeting the threshold,
however the FDIC will coordinate with other regulatory agencies to minimize
complexity or duplication of effort.

As proposed, FDIC would provide each
covered bank with a minimum of three sets of scenarios representing baseline,
adverse, and severely adverse economic and financial conditions and each bank would
use these scenarios to calculate the impact on its potential losses,
pre-provision revenues, loan loss reserves and pro forma capital positions for each quarter end within the
planning horizon.

The NPR also describes the content
of the reports institutions are required to publish, and the timeline for
conducting the stress tests and producing the required reports.

FDIC Acting Chairman Martin J.
Gruenberg said, “Both the FDIC and the institutions being tested will
benefit from the forward-looking results that the stress tests will provide.
The results will assist in ensuring an institution’s financial stability by
helping determine whether it has sufficient capital levels to withstand a
period of economic stress.”

The FDIC’s proposal will be
published in the Federal Register with a 60-day public comment period.

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First Round of Pilot Rental Initiative Completed with 2,500 Homes Sold

The first round of winners has been
selected to purchase foreclosed real estate from Freddie Mac and Fannie
Mae.  The Federal Housing Finance Agency
(FHFA) announced today that 2,500 single family homes had been awarded to successful
bidders under a pilot initiative to convert real estate acquired by the two
government sponsored enterprises (GSE) through foreclosure into rental property. 

Successful candidates for purchasing properties
from the GSE’s real estate portfolio (REO) had undergone several steps in a
qualification process before being permitted to bid on the houses which they had
to agree to hold and rent for a period of time before reselling. 

The properties were offered in sale
pools which were geographically concentrated in various locations across the
United States.  The GSEs, FHFA and other federal
agencies involved, Departments of Treasury, Housing and Urban Development,
Federal Deposit Insurance Corporation and the Federal Reserve, had several
for the program.  They hoped to
relieve the GSEs of the costs and administrative burdens of managing thousands
of foreclosed properties, alleviate the blight imposed on communities by large
number of vacant and possibly deteriorating properties, increase the rental
stock, while at the same time not flooding the market with distressed

 FHFA described the response to the pilot
initiative as “robust with strong qualified bidder interest.”  Some 4,000 responses were received to the
initial “Request for Information” issued by the program sponsors last February,
however beyond announcing that the awards had been made FHFA released no
information on the names or even the numbers of successful bidders.

undertook this initiative to help stabilize communities and home values in
areas hard-hit by the foreclosure crisis,” said Edward J. DeMarco, Acting
Director of FHFA. “As conservator of Fannie Mae and Freddie Mac, we believe
this pilot program will assist us in achieving our objectives and help to
maximize the benefit to taxpayers. We are pleased with the response from the
market and look forward to closing transactions in the near future.”

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Regulators Tell GSEs to Assist Military with Short Sales

Both Freddie Mac and Fannie Mae will be offering additional
consideration to military personnel who may be facing problems with their
due to service related orders. 
The two GSEs were directed to address
mortgage servicer practices that pose risks to home owning service members and
to ensure compliance with applicable consumer laws and regulations. The “guidance” came from regulators the
Federal Reserve, Consumer Financial Protection Bureau, Federal Deposit
Insurance Corporation and other regulators.

The guidance pertains to risks faced by homeowners
who have received Permanent Change of Station (PCS) orders, that is have been
ordered by the military to relocate to a new duty station or base.  Such orders are received by about one-third
of active-duty service members each year.

PCS orders are non-negotiable and carry short, strict
timelines.  Homeowners with such orders,
however, are still obligated to honor their financial obligations including
their mortgages.  In the current
environment, with so many homes underwater, these service members may be unable
to sell their homes and obtain sufficient funds to pay off the mortgage debt
and may have to continue mortgage payments while making rent or other housing
payments in their new location.

Under the new guidelines, receipt of a PCS will be
treated as a hardship
for the purpose of qualifying for a short-sale even if the
homeowner is current on the existing mortgage. 
Military with PCS who complete a short sale will be exempt from
deficiency judgments from Fannie Mae and Freddie Mac and relieved of any
request or requirement to contribute cash to the sales proceeds or to sign a
promissory note for any outstanding balance as long as the property was
purchased on or before June 30, 2012.

In addition to holding PCS order, the homeowner must
have a mortgage owned or guaranteed by Fannie Mae or Freddie Mac to be eligible
for the program.  The status of the
mortgage can be current or delinquent.  Freddie
Mac and Fannie Mae were instructed by regulators last year to treat PCS orders
as a hardship for purposes of modifications and forbearance.

Mullings, Freddie Mac’s Interim Head of Single Family Business and
Information Technology said, “Freddie
Mac is proud to support this important new effort to help servicemen and women
when national duty requires them to sell their homes in an uncertain
market.  We look forward to working with our servicers on this new short
sale policy.  Together we can help ease the challenge of relocation for
military families when Permanent Change of Station orders are

The Federal Housing Finance Agency
said it would provide final guidance by September 30 and the short-sale reforms
would be effective 60 days later.

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FHA Expected to Announce New Bulk Sales Agenda

The Federal Housing Finance Agency (FHA)
is expected to announce before the close of business today a new bulk sale
to liquidate some of the reported 700,000 delinquent loans they
.  According to The Wall Street Journal, the agency may
be planning on selling as many as 5,000 distressed loans each quarter over an
unspecified period of time.

Bulk sales were used on a large scale by
the Resolution Trust Corporation and the Federal Deposit Insurance Corporation
during the savings and loan and banking crises of the 80s and 90s and FDIC
continues to use this mechanism to clear the assets of failed banks.  Lenders and guarantors such as Freddie Mac
and Fannie Mae generally shy away from these sales because of the deep
discounts needed to move the loans.  Even
the “good” loans such as are sold by the FDIC because they are too costly and time
consuming for the institution to manage are discounted substantially; seriously
delinquent loans go for pennies on the dollar. 

The Journal
states that FHA is considering bulk sales in an effort to reduce its growing
portfolio of distressed loans
and to avoid the costly process of foreclosure,
but also because its own rules limit ways in which the mortgages can be
modified, leaving little room for aggressive loan modifications like those done
by Freddie Mac, Fannie Mae, and proprietary lenders.  Once sold these strictures disappear and the
investor can take more drastic steps to bring the loans back on line.

Bulk sales can be hugely profitable for
investors, but in this case the sales may also allow some homeowners to stave
off foreclosure by cutting better deals than would have been possible with FHA.  The Journal
quotes FHA’s acting commissioner Carol Galante as saying “There will be an incentive for a modification that isn’t able
to be done under the current system. It will be cost-effective for the
FHA….It will be better for the communities.”

also face some restrictions that work for the benefit of homeowners and the
marketplace.  They can’t foreclose for
six months after buying the loans and must agree to hold back from sale at
least 50 percent of the homes backing the loans for at least three years.

told the Journal that FHA was trying to minimize the impact of any vulture
investors who buy hoping for a quick foreclosure, eviction, and resale.  “We are trying to change, frankly, the
behavior of who’s interested in buying these notes,” she said.

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Regulators to Coordinate Large Bank Oversight Under Dodd-Frank

Five federal agencies, each of which has a supervisory responsibility vis-à-vis large financial institutions, have signed an agreement as to how their regulatory functions will be carried out under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank.)  The five agencies signing the Memorandum of Understanding (MOU) are the Federal Reserve Bank Board of Governors, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Office of Comptroller of the Currency, collectively referred to as the Prudential Regulators, and the new Consumer Financial Protection Bureau (CFPB).

The five have overlapping examination responsibility for insured depository institutions with more than $10 billion.  Under the MOU the agencies will coordinate examinations and other activities and share certain material supervisory information about consumer related activities including compliance with federal consumer financial laws and some laws that regulate consumer financial products and services and consumer compliance risk management programs.  Also covered by the MOU are activities such as underwriting, sales, marketing, servicing and collections if they are related to consumer financial products or services.  

The objectives of the MOU are to:

  • Fulfill the Dodd-Frank requirement that examination schedules must be coordinated and if possible done simultaneously unless the financial institutions prefer otherwise;
  • Establish voluntary arrangements for coordination and cooperation between CFPB and the Prudential Regulators
  • Minimize regulatory burden on covered institutions;
  • Avoid unnecessary duplication of effort;
  • Ensure that the CFPB and other regulators carry out their responsibilities effectively and efficiently.
  • Decrease the risk of conflicting supervisory directions by the CFPB and Prudential Regulators;
  • Increase the potential for synergies and alignment of related activities of the CFPB and Prudential Regulators.

The MOU sets out guidelines for simultaneous and coordinated examinations for the CFPB and the Prudential Regulators including that each designate a point of contact for covered institutions and will consult with the institution and agree on a reasonable timetable for sharing information.  Agencies will share with each other information about the scope, dates, estimated staffing and other details of their examinations and the established points of contact will coordinate material changes in that information.

While the agencies will generally carry out examinations in a simultaneous manner, the MOU stresses that nothing is intended to compel agencies to conduct examinations jointly.

Under the agreement the Agencies also agree to share drafts of examinations reports and each will have at least 30 days to comment on the reports of others before the initiating agency issues a financial report.  Prior to issuing a final report or taking supervisory action in connection with an examination the agencies shall take into consideration any concerns that are raised in the comments by any other Agency.

The regulators’ monitoring of institutional performance in carrying out responsibilities under the Community Reinvestment Act (CRA) is also covered in the MOU.  The Prudential Regulators are expected to routinely share CRA performance evaluations, but the 30-day comment period above does not apply to Reports of CRA Examination.

A joint press release from the five agencies said “These coordination undertakings should lead to greater uniformity and efficiencies in supervision and help to minimize regulatory burden on covered depository institutions.”


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