Administrative Agency Residential Real Estate Securities

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Your daily dose of financial news - The Brief – 9.9.16

We’ve got a number for that Wells Fargo settlement/fine, and it’s a doozy: $185 million for illegal banking practices (including secretly issuing credit cards without customer consent, signing up customers for online banking...more

In Flannery v. SEC, First Circuit Rebukes Commission, Signals Departure from Deferential Review

On December 8, 2015, the U.S. Court of Appeals for the First Circuit ruled in Flannery v. SEC that the Securities and Exchange Commission lacked substantial evidence in finding securities law violations by two executives in...more

Is the SEC a Toothless Watch Dog?

SEC enforcement actions are supposed to halt violations, protect investors and the markets, act as a deterrent and prevent a future repetition of wrongful conduct. To facilitate those goals settlements typically incorporate...more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement Matters - SEC 2015 Rulemaking Geared to Asset Managers - Certain Personnel of Registered Municipal Advisers Will Be Subject to Qualification Exams - Rulemaking Completed for Reg A+, But Will It Matter? -...more

District Court Allows NCUA’s RMBS Suit to Proceed Against RBS

On March 16, 2015, Judge George Wu of the United States District Court for the Central District of California denied RBS Securities Inc.’s motion to dismiss the National Credit Union Administration’s second amended complaint....more

SEC & AGs Fine & Suspended S&P for MBS Rating Violations

The SEC and the Attorneys General of New York and Massachusetts this week fined Standard & Poor’s almost $77 million, suspended S&P from conduit-fusion CMBS ratings work for a year and imposed other undertakings, for...more

Waterfall Distributions for Investors – Bruce E. Methven

Managers who are organizing an investment funds....more

CFTC's Division of Swap Dealer and Intermediary Oversight Issues No-Action Letter for Operators of Mortgage REITs

On December 7, 2012, the Commodity Futures Trading Commission's (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued a no-action letter to mortgage real estate investment trusts (mREITs). The letter states...more

Orrick's Financial Industry Week In Review - December 17, 2012

In This Issue: *Financial Industry Developments - CFTC No-Action Relief for Securitizations from Commodity Pool Operator Registration - CFTC No-Action Relief for Mortgage REIT Operators from Commodity Pool...more

Financial Services Legislative And Regulatory Update -- December 17, 2012

In This Issue: Leading the Past Week; Fiscal Cliff; Legislative Branch; Executive Branch; and Upcoming Hearings. Excerpt from Leading the Past Week - Whatever happened in the world of financial services last...more

Countrywide’s Dilemma

How can Countrywide/B of A even keep a straight face when it argues that correspondent lenders need to pay it outrageous amounts of money to settle claims for actual or potential losses?...more

CFTC No-Action Relief for Mortgage REIT Operators from Commodity Pool Operator Registration

On December 7, the CFTC issued a no-action letter to mortgage real estate investment trusts which provides that the Division of Swap Dealer and Intermediary Oversight will not recommend that the CFTC take enforcement action...more

Orrick's Financial Industry Week in Review - December 10, 2012

In This Issue: *Financial Industry Developments - CFTC No-Action Relief for CPO Registration of Business Development Companies - CFTC No-Action Relief for Certain Swap Transactions - CFTC and International...more

DOC Gives Notice of New Filing Requirements For Real Estate Issuers

New Filing Requirements - Yesterday, the Commissioner of Corporation issued Release 121-C announcing new filings required by Corporations Code Section 25102.2 which takes effect on January 1, 2013. As discussed in Bill...more

Banking And Financial Services E-Note - November 2012

In This Issue: - Banks Concerned as TAG Program Set to Expire - European Banks Set to Take Bigger Hit than U.S. Over Libor Probe - N.Y. AG Sues Credit Suisse for Misleading Investors on Mortgages -...more

Fallen G-REITs in den Anwendungsbereich des KAGB?

Seit Vorlage des Entwurfs des Kapitalanlagegesetzbuchs (KAGB) am 20. Juli 2012 ist eine der vieldiskutierten Fragen hinsichtlich des Anwendungsbereichs des Gesetzes, ob Real Estate Investment Trusts („G-REIT“) von diesem...more

RBS Settles Nevada Securitization Investigation

On October 23, Royal Bank of Scotland (RBS) agreed to pay $42.5 million to the State of Nevada in a settlement to end an investigation by the Nevada Attorney General into RBS’s mortgage acquisition and securitization...more

Reserve Bank of Australia RMBS Disclosure Criteria

On October 22, the Reserve Bank of Australia introduced new criteria for the eligibility of RMBS in its operations, which will require RMBS issuers to provide detailed information on reporting templates regarding...more

Credit Crunch Digest -- October 2012

This issue of the Credit Crunch Digest focuses on a class action against 12 banks alleging manipulation of the Libor rate; lawsuits, investigations and settlements involving Wells Fargo & Co., Credit Suisse AG, JP Morgan...more

The Division of Swap Dealer and Intermediary Oversight Publishes No-Action Letters

Derivatives Insight - On October 11, the Division of Swap Dealer and Intermediary Oversight (the "Division") published two interpretative letters inrelation to the regulation of commodity pool operators. The first...more

Orrick's Financial Industry Week in Review - October 15, 2012

In This Issue: - Financial Industry Developments · CFTC Guidance on Commodity Pool Registration Exclusion · FDIC, Fed, and OCC Rules for Large Bank Stress Tests · FHFA Releases Strategic Plan for 2013 –...more

New York Attorney General Sues Bear Stearns and JPMorgan Chase

On October 1, New York Attorney General Eric T. Schneiderman filed suit against Bear Stearns & Company, now a unit of JPMorgan Chase, in New York state court in Manhattan. This is the first suit filed by a member of the joint...more

Task Force Targets Bear Stearns; Other Banks in the Crosshairs

After being formed to great fanfare in January 2012, the Residential Mortgage-Backed Securities Working Group, part of President Obama’s Financial Fraud Enforcement Task Force, stayed largely silent for eight months. No...more

Steps to Expedite Wind Down of Fannie Mae and Freddie Mac

On August 17, Treasury announced modifications to the Preferred Stock Purchase Agreements between Treasury and the FHFA to expedite the wind down of Fannie Mae and Freddie Mac. ...more

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