News Clips – Thursday, June 16, 2011

JPMorgan Pays $27 Million to OCC, Clients Over Car-Loan Tactics
Posted on June 16, 2011  by admin  
JPMorgan Chase & Co. will pay a $2 million fine to the Comptroller of the Currency and $25 million to reimburse customers after using “high pressure” tactics to sell credit insurance on car loans. The bank’s customer-service representatives deceived borrowers about costs and terms of credit protection offered to cover missed payments in 2008 and 2009, the OCC said in a settlement document released today. “Chase Auto used written scripts together with oral high- pressure sales tactics that included statements which were materially false, deceptive or otherwise misleading in violation of the Federal Trade Commission Act,” the regulator said in a statement. JPMorgan didn’t admit or deny wrongdoing.  JPMorgan Pays $27 Million to OCC, Clients Over Car-Loan Tactics – Bloomberg .
Posted in Bank Regulation (domestic) , Insurance Industry , OCC  | Tagged Lending & Finance  | Comments Off
Credit-Rater Federal Oversight Likely
Posted on June 16, 2011  by admin  
The U.S. Consumer Financial Protection Bureau is likely to place the three major credit-reporting bureaus, Equifax Inc. , Experian Plc and TransUnion LLC, under direct supervision by federal examiners. The Dodd-Frank financial regulatory overhaul requires the new agency to propose regulations by July 21, 2012, on whether a company constitutes a “larger participant” in consumer financial services. That designation would lead to supervision similar to that of banks for the three firms, which provide credit reports on borrowers to prospective lenders. Three credit bureaus are likely to meet that legal test the consumer agency’s assistant director for credit information markets, told consumer advocates last month, according to three people present at the meeting. Bureau officials have also delivered this message directly to two of the three firms, according to the companies.  Credit-Rater Oversight – Bloomberg .
Posted in CFPB , Consumer Protection , Credit Rating , Financial Regulation  | Comments Off
Debit Card Fee Cap Should Be Shelved During Suit, Bank Says
Posted on June 16, 2011  by admin  
A cap on debit-card swipe fees collected by the biggest U.S. banks should be delayed past a July deadline until a challenge to the law is decided, TCF National Bank argued to a federal appeals court. The limit on the per-transaction charge is part of the Dodd-Frank financial overhaul. Banks with more than $10 billion in assets won’t be allowed to collect more than the cost of providing the service, making profit impossible, TCF said.  Debit Card Fee Cap Should Be Shelved During Suit, Bank Tells Appeals Court – Bloomberg .
Posted in Credit Cards , Dodd-Frank , Durbin Amendment  | Comments Off
Budget Cuts for Consumer Bureau, IRS Proposed by Republicans
Posted on June 16, 2011  by admin  
U.S. House Republicans proposed limiting the funding for the new Consumer Financial Protection Bureau and placing the agency under the congressional appropriations process by 2013. The House Appropriations Subcommittee on Financial Services released the measure today, which would limit to $200 million the amount the Federal Reserve can transfer to the new agency in fiscal 2012.  Budget Cuts for Consumer Bureau, IRS Proposed by Republicans – Bloomberg .
Posted in CFPB , Government  | Comments Off
WAMu Reinsurance Unit Settlement Agreement Collapses
Posted on June 16, 2011  by admin  
Washington Mutual Inc.’s agreement with shareholders, aimed at ending opposition to the company’s more than $7 billion reorganization proposal, has fallen apart, three people with direct knowledge of the negotiations said. The talks broke down over how to split up ownership of the only WaMu unit that will survive the collapse of the company, which is the former owner of the biggest U.S. bank to fail, one person with knowledge of the negotiations said. Creditors, the company and shareholders were trying to complete a contract based on the outline of a settlement that would have given a stake in the unit, a reinsurance company, to shareholders. WaMu and a committee of shareholders tried to give both common and preferred shareholders a stake in the reinsurance company. They were opposed by a group of preferred holders, who were concerned about anything being given to holders of the common stock, the person said. Washington Mutual Settlement Agreement With Shareholders Said to Collapse – Bloomberg .
Posted in Bank Closings , Bank Regulation (Foreign)  | Comments Off
Haldane Eyes Shadow Banking as New BOE Panel Targets Bubbles
Posted on June 16, 2011  by admin  
The U.K. Financial Policy Committee may target unregulated bank transactions as it seeks to prevent bubbles and end the “Chuck Prince dynamic,” said Andrew Haldane, a Bank of England official and member of the new panel. The FPC must “advise government when we think risks have migrated outside of the conventional banking system into what is these days called the shadow banking system,” Haldane said in an interview in London yesterday. Evidence of “banking-type activities” in “non-regulated parts of the system” could compel the FPC to ask the government to expand its powers. The interim FPC meets tomorrow for the first time as part of Prime Minister David Cameron’s shake-up of banking regulation. The panel will be chaired by Bank of England Governor Mervyn King, who is due to speak in London later today. Haldane, executive director for financial stability at the bank, said officials are still deciding what tools will be used to shield the economy from financial risks.  Haldane Eyes Shadow Banking as New BOE Panel Targets Bubbles – Bloomberg .
Posted in Bank Regulation (Foreign) , Shadow Banking  | Comments Off
Parkinson Says High Quality Capital Should Back Bank Surcharge
Posted on June 16, 2011  by admin  
The Federal Reserve’s top banking supervisor said the largest global banks should retain an additional buffer against potential losses in the form of “high quality capital.” The Fed and banking regulators around the world are discussing the size of capital cushions for the largest financial firms, considering whether that buffer should be in the form of common equity or hybrid securities. “The Federal Reserve strongly supports such efforts to increase the level and quality of regulatory capital for our internationally active banking organizations,” Patrick Parkinson, director of the Division of Banking Supervision and Regulation, said today in a speech in Washington.  Parkinson Says High Quality Capital Should Back Bank Surcharge – Bloomberg .
Posted in Basel II | Basel III , Capital Requirements , Federal Reserve Board/The Fed  | Comments Off
Tussle Over Indonesian Agency Raises Risks for Bank Supervision
Posted on June 16, 2011  by admin  
A tussle between lawmakers and the government over Indonesia’s planned financial regulator has raised the risk of political interference in bank supervision, highlighting the nation’s struggle to eliminate corruption. The Financial Services Authority parliamentary working committee, which is holding meetings this month to debate whether lawmakers can appoint two members to the nine-person board of commissioners for the agency…The government’s proposal for the board would exclude members of parliament. The outcome may influence the effectiveness and independence of an authority set to take over regulation of capital markets, insurers, pension funds and banks from the finance ministry and central bank. Tussle Over Indonesian Agency Raises Risks for Bank Supervision .
Posted in Bank Regulation (Foreign) , Insurance Regulation  | Comments Off
Osborne to Back Vickers Plan for U.K. Retail-Bank Firebreaks
Posted on June 16, 2011  by admin  
Chancellor of the Exchequer George Osborne will back proposals to erect firebreaks around the consumer-banking units of British banks as he seeks to protect taxpayers and depositors during future financial crises. Osborne will express his support for recommendations drawn up by the Independent Commission on Banking in April for the first time in public during his annual Mansion House speech to bankers in London this evening, according to a Treasury official who declined to be named in line with government practice.  Osborne to Back Vickers Plan for U.K. Retail-Bank Firebreaks – Bloomberg .
Posted in Bank Bail-Outs , Bank Regulation (Foreign) , Consumer Protection  | Comments Off
U.S. Regulators Approve Rule Setting Capital Floor for Banks
Posted on June 15, 2011  by admin  
The Federal Deposit Insurance Corp. board approved a measure barring the largest U.S. lenders from reducing capital levels below baselines set for smaller banks as part of a joint rulemaking under the Dodd-Frank Act. FDIC board members voted 5-0 today to enact the rule, which will also hold large financial holding companies to the same capital requirements as their deposit-taking subsidiaries. The Office of the Comptroller of the Currency and the Federal Reserve announced their approval in an interagency statement. The measure, included in the regulatory overhaul at the request of U.S. Senator Susan Collins of Maine, prevents lenders from lowering capital holdings using formulas in the Basel II international banking accords. Without such a floor, banks and their holding companies would have been allowed to reduce capital levels over time.  U.S. Regulators Approve Rule Setting Capital Floor for Banks – Businessweek .
Posted in Bank Regulation (domestic) , Bank Regulation (Foreign) , Basel II | Basel III , Capital Requirements , FDIC  | Comments Off
FDIC: Systemic Firms May Be Told to Simplify
Posted on June 15, 2011  by admin  
Systemically important financial institutions in the U.S. may have to simplify their business if they can’t provide viable plans for unwinding themselves in a crisis, a senior Federal Deposit Insurance Corp. official said. “Ultimately, a SIFI could be required to restructure its operations if it cannot demonstrate it is resolvable in an orderly manner under the Bankruptcy Code,” Michael Krimminger, the FDIC’s chief counsel, told a House Financial Services subcommittee today at a hearing in Washington.  Systemic Firms May Be Told to Simplify, FDIC Official Says – Businessweek .
Posted in Bank Regulation (domestic) , FDIC , House Financial services Committee , Too Big To Fail  | Comments Off
Hacking blitz drives cyber insurance
Posted on June 15, 2011  by admin  
New York – The recent string of sensational hacker attacks is driving companies to seek “cyber insurance” worth hundreds of millions of dollars, even though many policies can still leave them exposed to claims. Companies are having to enhance not just their information technology practices but also their human resources and employee training functions just to get adequate coverage against intrusion – and in some cases, they are also accepting deductibles in the tens of millions of dollars. Insurers and insurance brokers say demand is soaring, as companies try to protect themselves against civil suits and the potential for fines by governments and regulators, but also as they seek help paying for mundane costs like “sorry letters” to customers. via Hacking blitz drives cyber insurance: News24: Sci-Tech: News .
Posted in Consumer Protection , Cyber Security , Insurance Industry  | Comments Off
Chase Dumps David Lowman, Mortgage Head
Posted on June 15, 2011  by admin  
Less than a month after proclaiming to shareholders that foreclosing on the homes of 27 active-duty military personnel was the worst mistake the bank ever made, JPMorgan Chase CEO Jamie Dimon has booted the executive in charge of his disgraced mortgage unit. The ouster of David Lowman, the global head of mortgages at Chase who also oversaw the unit tainted in the “robo-signing” scandal, was announced in a terse morning e-mail to employees…Dimon has described the mess with foreclosures of military personnel as one the “biggest mistakes” the firm has made and offered his most fervent apology at the bank’s annual meeting last month in Columbus, Ohio–a meeting in which hundreds of protesters paraded outside the building.   Chase dumps David Lowman, global head of mortgages – NYPOST.com .
Posted in Foreclosure , Mortgage Industry , Robo-signing  | Comments Off
Broker-Dealer Audits Targeted In New U.S. Inspection Program
Posted on June 15, 2011  by admin  
The biggest U.S. broker-dealers will have to pay more than $1 million a year to finance inspections of the firms that audit them under a regulatory program prompted by revelations related to Bernard Madoff’s Ponzi scheme. The Public Company Accounting Oversight Board voted 5-0 today to establish a temporary system for monitoring auditors of broker-dealers that will give the Washington-based watchdog time to determine what a permanent system should look like. The PCAOB’s new program requires U.S. broker-dealers to fund the estimated $14.4 million inspections program, which could amount to more than $1 million for the largest firms. The board said 640 brokerages will be charged this year, with fees assessed in proportion to a firm’s net capital. The fee structure was also passed by the board with a 5-0 vote. Companies such as Goldman Sachs Group Inc. and Morgan Stanley can expect the new fees to be assessed on their broker- dealers, separately from fees already assessed on parent companies for the PCAOB’s existing public-company audit inspections. Broker-Dealer Audits Targeted In New U.S. Inspection Program – Bloomberg .
Posted in Financial Regulation  | Comments Off
CFTC Proposes Six-Month Delay of Swap Rules Slated for July
Posted on June 15, 2011  by admin  
Rules scheduled to take effect in mid-July for the $601 trillion swaps market would be delayed until as late as the end of the year under a proposal by the U.S. Commodity Futures Trading Commission. The agency’s commissioners voted 5-0 today to propose “temporary relief” from some requirements set to be in place on July 16, a year from the enactment of the Dodd-Frank Act. The delay would give the CFTC more time to write dozens of rules aimed at reducing risk and boosting transparency.  CFTC Proposes Six-Month Delay of Swap Rules Slated for July – Businessweek .
Posted in CFTC , Dodd-Frank , Swaps  | Comments Off
Gallagher Faces $1 Million Pay Cut If Confirmed for SEC Post
Posted on June 15, 2011  by admin  
Daniel M. Gallagher will take a pay cut of more than $1 million a year if the Senate confirms him for a spot on the U.S. Securities and Exchange Commission. The securities lawyer and former SEC deputy division director is one of President Barack Obama’s two commission nominees facing a confirmation hearing tomorrow before the Senate Banking Committee. Gallagher’s financial disclosures show he was paid about $1.2 million a year advising SEC-regulated firms. If confirmed, his salary will be $155,500, according to the U.S. Office of Personnel Management.  Gallagher Faces $1 Million Pay Cut If Confirmed for SEC Post – Bloomberg .
Posted in SEC  | Comments Off
S.E.C. Investigates Merrill Over Magnetar C.D.O. (FT)
Posted on June 15, 2011  by admin  
With echoes of Abacus, the securities regulator is reported to be looking into how Merrill Lynch sold to clients like the Dutch lender Rabobank a collateralized debt obligation it had made for the hedge fund Magnetar. FINANCIAL TIMES
Posted in Bank Regulation (domestic) , Bank Regulation (Foreign) , CDOs, Collateralized Debt Obligations , Mortgage Backed Securities , Mortgage Industry , SEC  | Comments Off
Deutsche Bank Star, Faces Barriers to Top Job
Posted on June 15, 2011  by admin  
As a non-German speaker and Wall Street product, Mr. Jain is facing an uphill battle to succeed Deutsche Bank’s chief executive, Josef Ackermann. More diplomat than banker, the Swiss-born, German-speaking Mr. Ackermann and the Deutsche board have resisted persistent shareholder demands that the bank put forward a succession plan before Mr. Ackermann’s contract expires in 2013. All of which has enhanced the view that Mr. Ackermann sees it as his legacy to crown a successor in his own statesmanlike mold — perhaps Axel A. Weber, the recently departed president of the German central bank. There has been much talk of Mr. Weber’s becoming chief executive or coming in to share the job in some way with Mr. Jain. Ultimately it will be a board decision, and the bank may well decide to anoint Mr. Jain. But the delay, institutional shareholders say, runs the risk of alienating Mr. Jain and might cause him to jump to another investment bank. Anshu Jain, Deutsche Bank Star, Faces Barriers to Top Job – NYTimes.com .
Posted in Bank Regulation (domestic) , Bank Regulation (Foreign)  | Comments Off
French Banks On Watchlist Over Greece Exposure
Posted on June 15, 2011  by admin  
French banks were punished Wednesday for their exposure to Greek debt after Moody’s Investors Service placed three of the largest on review for a possible downgrade. Moody’s cited “concerns” about the exposure of BNP Paribas, Société Générale and Crédit Agricole to the Greek economy, either through holdings of government bonds or loans to the private sector there, directly or through subsidiaries operating in Greece. It said the reviews would also examine “the potential for inconsistency between the impact of a possible Greek default or restructuring and current rating levels.”  Moody’s to Review French Banks Over Greece Exposure – NYTimes.com .
Posted in Bank Regulation (domestic) , Bank Regulation (Foreign)  | Comments Off
Schumer Helps Banks With a Patent Problem
Posted on June 15, 2011  by admin  
For years and much to their frustration, big banks have paid hundreds of millions of dollars to a tiny Texas company to use a patented system for processing digital copies of checks, making Claudio Ballard, the inventor of the system, a wealthy man and the bank industry’s biggest patent foe.  After years of fighting the federal Patent Office, in court and across a negotiating table, the banks went to see one of their best friends in Congress, Senator Charles E. Schumer of New York, who inserted into a patent overhaul bill a provision that appears largely aimed at helping banks rid themselves of the Ballard problem. The Senate passed the bill easily in March. The proposal would allow banks to get a federal re-examination of certain patents that they have been accused of infringing…The language is now included in a bill that may come to a vote in the House of Representatives as early as Wednesday. While at least two House members have moved to strip the provision from the bill, bank lobbyists have worked hard to defeat previous attempts to remove it. Mr. Schumer and the Financial Services Roundtable, a business group that pushed the measure, say the provision is not focused on any one company but more broadly at “meritless litigation over patents of dubious quality…” Schumer Helps Banks With a Patent Problem – NYTimes.com .
Posted in Bank Regulation (domestic) , Check Cashing Industry , Financial Regulation , Financial Services Roundtable , Government , Lobbying  | Comments Off

 

Examiner News – Wednesday, June 15, 2011

Agencies Adopt a Final Rule to Establish a Risk-Based Capital Floor

Three federal banking regulatory agencies adopted a final rule that establishes a floor for the risk-based capital requirements applicable to the largest, internationally active banking organizations.  

A banking organization operating under the agencies’ advanced approaches risk-based capital rules is required to meet the higher of the minimum requirements under the general risk-based capital rules and the minimum requirements under the advanced approaches risk-based capital rules.  The rule also provides limited flexibility to establish appropriate capital requirements for certain low-risk exposures that, in general, are not held by insured depository institutions, but may be held by depository institution holding companies or nonbank financial companies supervised by the Federal Reserve Board.  The final rule will be effective 30 days after publication in the Federal Register ; publication is expected soon.
Final Rule on Risk-Based Capital Standards: Advanced Capital Adequacy Framework – Basel II; Establishment of a Risk-Based Capital Floor – PDF  ( PDF Help )
The Empire State Manufacturing Survey was released.
  NY Fed : Survey   now available .
Empire State Survey indicaters contraction.  The Empire State Manufacturing Survey indicates that conditions for New York manufacturers deteriorated in June. The general business conditions index slipped below zero for the first time since November of 2010, falling twenty points to -7.8. The new orders and shipments indexes also posted steep declines and fell below zero. The index for number of employees dropped fifteen points to 10.2. This was well below expectations of a reading of 13.0. This is the first regional survey released for June and shows that manufacturing is contracting

Credit Trends

Examiner News – Tuesday, June 14, 2011

This whole site might be something some of you might which to save as a favorite in the web addresses.

Center for Real Estate Analytics
Federal Reserve Bank of Atlanta

June 14, 2011A new podcast is now available on the Bank’s website.

Taking Chances: Managing Risk in the Commercial Mortgage-Backed Securities Market
Featured Speaker: Sally Gordon
Released June 10, 2011

Sally Gordon, managing director at BlackRock Inc., discusses the role that the commercial mortgage-backed securities (CMBS) market plays as a supplier of financing to the commercial real estate market, how that market has been affected by the financial crisis, and what to expect going forward from commercial real estate finance.

Listen to the podcast
Read the transcript

Coming soon…

New! Mortgage Delinquency and Foreclosure Trends Report
These quarterly reports provide information on mortgage market conditions in each of the six states that compose the Sixth Federal Reserve District: Alabama, Florida, Georgia, Louisiana, Mississippi, and Tennessee.

New Real Estate Research  post on the housing wealth effect  
This monthly blog provides analysis of topical research and current issues in the fields of housing and real estate economics. In the next post, Kris Gerardi, research economist and assistant policy adviser at the Atlanta Fed, looks at research providing evidence for a causal relationship between housing prices and consumption.


You are receiving this alert because you subscribe to Center for Real Estate Analytics updates or have an interest in these specific topics.

Subscribe  to Center for Real Estate Analytics updates. Simply create a login ID, check the Center for Real Estate Analytics box, and click submit. To share with a colleague, forward this e-mail.

Just How Out of Line are House Prices?
No one questions that the housing market is working through challenging times. But how big a correction is necessary to house prices to stabilize the market? A new
macroblog  post looks at some of the calculations used to establish home values.Is Housing Hurting the Recovery?
The housing market’s long period of struggle continues, casting a pall over some other economic indicators that are trending positive.
Macroblog  looks at the evidence and wonders if the housing market might be turning the corner.

The Economics of Green Building
In today’s commercial real estate market, does it make good business sense to invest in the energy efficiency of buildings? Find out in the latest issue of
Partners Update , where you can also read about issues related to banking and small business.

Comments, questions, or suggestions?
Please e-mail us at
RealEstateCenter@atl.frb.org.  

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Crain’s Insider – Wednesday, June 15, 2011

Crain’s Insider


Today’s News Wednesday, June 15, 2011

City’s Graduation Rate Trails Yonkers’

Mayor Mike Bloomberg yesterday touted rising graduation rates, but they’ve fallen behind those for Yonkers for the first time. Data released yesterday show that 63% of Yonkers high school students graduated on time in 2010, while 61% of New York City pupils did so. In 2009, those proportions were 58% and 59%, respectively. Board of Regents Chancellor Merryl Tisch said the figures should be looked upon favorably. “If you have good districtwide leadership, like we have in Yonkers, and start to raise the bar on standards, then you can actually get someplace,” she told the Insider .

New Jersey Outshines New York

Solar panels installed in New Jersey generate 293 megawatts of electricity, according to the Solar Energy Industries Association—enough to power 58,000 homes for a year—while New York’s solar capacity is 53 megawatts. Some of New York’s largest producers of solar panels have moved workers across the Hudson. Environmentalists and solar power companies are citing these facts in Albany to promote a bill requiring state utilities to get 3% of their energy from the sun by 2025. The Vote Solar Initiative lobby group says that would create 42,000 jobs and generate $57 billion in economic activity. Consolidated Edison opposes the bill, saying it would cost ratepayers billions of dollars.

Green Groups Eye Cuomo Package

There’s talk in environmental circles that Gov. Andrew Cuomo will roll out a package of energy legislation. The speculation is that some of the included bills, favored by green groups, have already been introduced—a solar jobs act, for example, that would allow homeowners to borrow money to buy solar panels, which they would repay through their electric bills. But the package might include measures they oppose—such as a power plant-siting bill to replace the Article X statute that expired a few years ago. A source with knowledge of Cuomo’s plans said that no such package is imminent. The Legislature goes on recess next week.

Lawmakers for Rent Only

At a forum last week on public pensions, United Federation of Teachers President Mike Mulgrew said his union’s power over politicians is overstated by tabloids. He said the UFT lobbies Albany only to approve benefits to which the union and the city have agreed. “The idea that we own people is just absurd,” Mulgrew said. “You can read the Post  and the News  all you want.” In any event, former Lt. Gov. Richard Ravitch chimed in, “politicians don’t stay bought.”

blogspot counter Party may harm itself with gay-marriage threat

Mike Long, chairman of the state Conservative Party, has threatened to deny his party’s ballot line to any legislator who votes for gay marriage, but standing on principle could cost the party young voters, undermine his power and push aging Republican senators into retirement.

Long does not believe that defeating gay marriage is the party’s top issue—passing a property tax cap is more pressing—but he said the issue is worth standing firm on.

“We haven’t stopped fighting for the unborn,” he said. “And, God forbid, if this passes, we will continue to defend traditional marriage.”

But young voters do not give abortion and gay marriage equal standing; they are “much more likely than the general public to favor same-sex marriage,” according to a national poll last week by the Public Religion Research Institute. Their views on abortion echo America’s: About 60% want to keep abortion legal, versus 56% of the general public.

“Being on the wrong side of marriage equality will hurt the Conservative Party with younger voters,” said Hunter College professor Ken Sherrill.

Long said that state Sen. Jim Alesi, the first Republican to say he’d vote for same-sex marriage, won’t get the Conservative line in the 2012 election. But the decision is not Long’s. A legislator whose district falls into a single county, as Alesi’s does, is picked by county, not state, party leaders. That insulates some senators, like Staten Island’s Andrew Lanza, who are thought to be on the fence.

Richmond County Conservative Party Chairman Carmine Ragucci won’t make gay marriage a litmus test for Lanza. “I can’t say today that we would not endorse him if he went along with a pro-gay bill,” Ragucci said.

Long might find that his threat does not persuade older GOP senators who have long-standing ties with their constituents—or senators looking to leave office for another government post.

”If you are thinking about retiring from the Legislature and continuing in public service,” Sherrill said, “you might well want to be on better terms with the governor than with the chairman of the Conservative Party.”

At A Glance

MOVING ON:  Nicole Kolinsky, a senior press officer for City Council Speaker Christine Quinn, has left her job at City Hall. Kolinsky, the second press person to depart from the speaker’s office in recent weeks, is now public affairs director at the Downtown Alliance.