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FHFA RIN: 2590-AA60 Publication ID: Spring 2016 
Title: Suspended Counterparty Program 
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.

 
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   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  10/23/2013  78 FR 63007   
Interim Final Rule Effective  10/23/2013 
Interim Final Rule Comment Period End  12/23/2013 
Final Rule  12/23/2015  80 FR 79675   
Final Action Effective  01/22/2016 
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 
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