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| FHFA | RIN: 2590-AA60 | Publication ID: Spring 2016 |
| Title: Suspended Counterparty Program | |
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Abstract:
This final rule established requirements and procedures for the Federal Housing Finance Agency’s (FHFA) Suspended Counterparty Program. Under the Suspended Counterparty Program, FHFA may issue suspension orders directing the regulated entities (Fannie Mae, Freddie Mac, and the eleven Federal Home Loan Banks (Banks)) to cease doing business with an individual or institution, and any affiliate thereof, for a specified period of time where such party has committed fraud or other financial misconduct involving a mortgage transaction. The final rule revised the interim final rule published on October 23, 2013. The final rule excluded from the types of covered transactions that would be subject to a final suspension order any transaction involving a residential mortgage loan if the loan is secured by the respondent’s own personal or household residence. The final rule provided more time than the interim final regulation provided for the regulated entities to submit reports to FHFA when they become aware that any individual or institution, and any affiliate thereof, with which they do business, has committed fraud or other financial misconduct involving a mortgage transaction. The final rule also simplified the standard for issuing suspension orders by eliminating the requirement that FHFA demonstrate that the regulated entity has done business with the individual or institution within the past three years. Finally, the final rule clarified the method of issuing notices of proposed suspension orders with respect to affiliates. |
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| Agency: Federal Housing Finance Agency(FHFA) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 12 CFR 1227 | |
| Legal Authority: 12 U.S.C. 4513 12 U.S.C. 4513b 12 U.S.C. 4514 12 U.S.C. 4526 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: www.regulations.gov, www.fhfa.gov | Public Comment URL: www.regulations.gov, email to RegComments@fhfa.gov |
| RIN Data Printed in the FR: No | |
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Agency Contact: Kevin Sheehan Associate General Counsel Federal Housing Finance Agency 400 Seventh Street SW, Washington, DC 20219 Phone:202 649-3086 Email: kevin.sheehan@fhfa.gov |
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