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GAO-11-817R 1 (2011-07-14)

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J GAO
        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-322183


          July 14, 2011

          The Honorable Tim Johnson
          Chairman
          The Honorable Richard C. Shelby
          Ranking Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Spencer Bachus
          Chairman
          The Honorable Barney Frank
          Ranking Member
          Committee on Financial Services
          House of Representatives

          Subject: Department of Housing and Urban Development: SAFE Mortgage
                  Licensing Act: Minimum Licensing Standards and Oversight
                  Responsibilities

          Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Housing and Urban Development
          (HUD), entitled SAFE Mortgage Licensing Act: Minimum Licensing Standards and
          Oversight Responsibilities (RIN: 2502-AI70). We received the rule on June 30,
          2011. It was published in the Federal Register as a final rule on June 30, 2011, with
          an effective date of August 29, 2011. 76 Fed. Reg. 38,464.

          The final rule sets forth the minimum standards for the state licensing and
          registration of residential mortgage loan originators, requirements for operating the
          Nationwide Mortgage Licensing System and Registry (NMLSR), and HUD's federal
          oversight responsibilities pursuant to the Secure and Fair Enforcement Mortgage
          Licensing Act of 2008 (SAFE Act or Act), to ensure proper monitoring and
          enforcement of states' compliance with statutory requirements. This 2008 law
          directs states to adopt loan originator licensing and registration requirements that
          meet the minimum standards specified in the SAFE Act.

          Enclosed is our assessment of HUD's compliance with the procedural steps required
          by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of


GAO-1 1-817R

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