The Federal Housing Finance Agency violated federal law when it rolled back the Property Assessed Clean Energy program without going through the required notice and comment period, a California federal judge ruled earlier this month. U.S. District Judge Claudia Wilken’s Aug. 9 ruling held that the FHFA was not acting as conservator of Fannie Mae and Freddie Mac but as a regulator that had improperly exercised substantive regulatory oversight in violation of the Administrative Procedure Act when the agency put a stop to GSE involvement with PACE programs.“The FHFA’s directives on PACE obligations amount to substantive rule-making, not an interpretation of rules that would be exempt from the notice and comment requirement,” wrote Judge Wilken. “The notice and comment process must be followed.”

A New York federal judge has denied a motion by former Fannie Mae top executives to dismiss a civil action brought against them by the Securities and Exchange Commission concerning the company’s misrepresentations about its exposure to subprime and Alt A mortgages in the two years leading up to the GSE’s government takeover. On Aug. 10, U.S. District Court Judge Paul Crotty rejected the motion brought by former Fannie CEO Daniel Mudd, former Chief Risk Officer Enrico Dallavecchia and former EVP for Single Family Thomas Lund. The defendant trio argued that investors had sufficient information to form their own conclusions about the viability of Fannie’s subprime and Alt A portfolio.

Fannie Mae and Freddie Mac mortgage-backed securities remained the preferred investment choice of the 12 Federal Home Loan Banks during the second quarter of 2012, with a modest increase from the previous quarter, according to a new analysis and ranking by Inside The GSEs based on data from the Federal Housing Finance Agency. Meanwhile, Ginnie Mae securities posted an ever-so-slight decline within the FHLBank system during the period ending June 30, 2012. GSE MBS accounted for 72.0 percent of combined FHLBank MBS portfolios, up 2.7 percent from the first quarter. The Finance Agency’s data do not separately break out Fannie and Freddie volume or share.

Mortgage bankers reported a downturn in loan production income during the second quarter that was offset partly by improved results from their mortgage servicing businesses, according to a new Inside Mortgage Trends analysis of earnings reports. A group of nine major lenders that collectively accounted for 62.6 percent of total home loan originations during the second quarter posted a combined $4.11 billion in mortgage production income for the three-month period. That was down 15.0 percent from ... [Includes one chart]

Banks reported a modest decline in mortgage banking income during the second quarter of 2012, but the business continued to generate strong profits, according to a new analysis of call report data by Inside Mortgage Trends. Commercial banks, thrifts and bank holding companies reported a total of $7.91 billion in non-interest income from single-family mortgage banking activity during the second quarter. That was down 0.8 percent from the first three months of the year, but it still ranked ... [Includes one chart]

Historically low mortgages rates have fueled a prolonged refinancing wave that helped provide lenders with an important revenue source during the financial crisis. But as refinancing activity wanes and home prices begin to stabilize, lenders need to plan for the coming purchase market to stay competitive and continue growing revenue. In this regard, St. Louis-based Mortgage Returns helps mortgage companies, banks and independent mortgage banks prepare for the transition to a purchase-driven business ...

Plans to hasten the resolution of Fannie Mae and Freddie Mac through an amended preferred stock purchase agreement (PSPA) announced last week by the Treasury Department and the Federal Housing Finance Agency has elicited mixed responses from stakeholders. Views vary as to whether the new deal will actually benefit taxpayers or simply protect holders of government-sponsored enterprise debt. The revised agreement will speed up the reduction of both GSEs’ investment portfolios, from an annual rate of 10 percent to ...

Lenders won a number of concessions from the Consumer Financial Protection Bureau last week when the regulator proposed rules for loan originator compensation. However, the proposal also includes significant provisions that would impact lender profitability and originator compensation. For firms currently offering compensation arrangements that would be prohibited by the proposal, the CFPB said its proposed prohibition on compensation based on transaction terms “may contribute to adverse selection ...

Nationstar Mortgage Holdings posted strong profits for the second quarter of 2012 due to the company’s expanding servicing portfolio and refinances of loans in the portfolio. The nonbank had $36.3 million in net income for the quarter even after taking a $20.9 million decrease in the fair value of its mortgage servicing rights. “The primary driver of profitability continues to be servicing performance,” said Jay Bray, CEO of Nationstar, during a call with investors last week to announce the company’s earnings ...

Chimera Investment announced that it will restate three years of earnings and take large hits to net income and other-than-temporary impairment losses due to accounting on non-agency mortgage-backed securities. The real estate investment trust has been working for more than a year to apply proper accounting guidance to its $4.41 billion in non-agency MBS holdings. “As a result of applying the correct generally accepted accounting practices guidance to our investments in non-agency residential mortgage-backed securities ...