Conference Committee approves measures to support commercial real estate recovery – NMP Skip to main content

Conference Committee approves measures to support commercial real estate recovery

Jun 25, 2010

The House-Senate Conference Committee on financial reform legislation has finalized several provisions that have been top priorities for the CRE Finance Council. The finalized provisions reflect amendments authored by Sen. Mike Crapo (R-ID) that now enable regulators to customize the new risk "retention" mandate for commercial real estate finance, and another measure offered by Rep. Scott Garrett (R-NJ) that requires regulators to consider the combined impact of new reforms and mandates, prior to any rule-making, and that encourage greater coordination among policymakers. The risk "retention" language passed by the Conference Committee largely tracks a Senate-passed amendment offered by Sen. Crapo. It enables U.S. regulators to determine how to strengthen the commercial real estate finance market—including through a "percent" retention; underwriting guidelines and controls, and stronger "representations and warranties." Under the provision, regulators must structure reforms by asset class, and they have explicit authority to consider allowing a "third-party investor" (in addition to the "securitizer" or "originator" of loans) to satisfy a potential retention mandate for commercial mortgage-backed securities, as long as any such third-party investor performs due diligence, purchases a first-loss position and retains this risk in accordance with the statute. The Conference Committee also adopted a CRE Finance Council-supported amendment offered by Rep. Garrett that would require financial regulators to examine and report on the combined impact of new accounting standards (FAS 166 and 167) and other regulatory changes, such as a "retention" mandate, on credit availability, prior to any rulemaking. Under the provision the Federal Reserve, working with other agencies, would have 90 days to report its findings to Congress with recommendations on statutory and regulatory changes that could be made to lessen the impact on credit availability. The CRE Finance Council has been concerned about the totality of legislative, regulatory and accounting reforms, and this provision would ensure greater consideration by, and coordination between, implementing regulators on the growing number of proposals across the various jurisdictions. For more information, visit www.crefc.org.
About the author
Published
Jun 25, 2010
Rocket Raises Conforming Loan Limit To $845K Ahead Of FHFA

The higher limit gives brokers more room to keep borrowers from crossing into jumbo territory

Sep 10, 2026
Rocket Pro Launches ‘Moving Squad’ To Recruit Brokers From UWM

Rocket is offering partners up to $10,000 to help bring UWM brokers onto its platform

Sep 01, 2026
NEXA, UMortgage Leaders Explain What Drove Acquisition

Kortas relinquishes the CEO title, elevating Casa to co-equal "executive partner"

Aug 31, 2026
Warsh Sees Housing Strain, Keeps Rate Hikes In Play

Fed chair says broader financial conditions remain loose, inflation is too high, and markets should expect less guidance on what comes next

Aug 31, 2026
July CPI Eases Mortgage-Rate Risk, But Doesn’t Promise Relief

Consumer inflation rose just 0.1% in July, reducing pressure for a September Fed rate hike as mortgage rates remain near their highest levels of the year

Aug 13, 2026
The Fed Held. The Mortgage Market Got A Warning.

Three policymakers favored an immediate hike, while Warsh welcomed higher bond yields and offered no clear path toward mortgage-rate relief

Jul 30, 2026