The U.S. Court of Appeals for the Second Circuit is apparently on the verge of deciding in which jurisdiction the pending $8.5 billion Bank of America/Countrywide residential MBS representations and warranties settlement with Bank of New York Mellon and investors will be finalized. The final outcome is expected to influence similar disputes involving other large mortgage originators, but probably on a smaller scale. Last week, the appeals court held a hearing to determine if the case should be moved back to New York state court, which would accelerate a conclusion of the settlement. “A final decision from...

State and local housing finance agencies are looking at ways to rekindle investor interest in single-family housing bonds, including the potential use of Ginnie Mae MBS as collateral for mortgage-related municipal bonds, according to the agency’s top executive. More housing finance agencies are considering returning to FHA and Ginnie Mae to take advantage of the government insurance and guarantee to boost their long-term, fixed-rate bonds at rates low enough for HFAs to continue offering affordable rate mortgage products, according to Ginnie Mae President Ted Tozer. As the municipal bond market...

Freddie Mac is reportedly crafting its own plan with institutional mortgage-bond investors to sell off hundreds of distressed homes owned by the government-sponsored enterprise, independent of a current government proposal to unload GSE real estate owned properties. According to Reuters, Freddie’s plan would allow investors to individually choose the properties they want to purchase rather than sell the homes in discounted bulk packages, like the plan that’s spearheaded by the Federal Housing Finance Agency. However, just as with the government’s plan, Freddie would secure a special line of...

The long-anticipated settlement among mortgage servicers, state attorneys general and federal agencies will be a positive for the housing market but have a modest impact on non-agency MBS, according to Moody’s Investors Service. The deal provides $10 billion for principal reduction loan modifications, and coupled with an expansion of the Home Affordable Modification Program, should help up to 1 million homeowners avoid foreclosure, Moody’s said. That may be a relatively small number compared to the 14.6 million households that are underwater, but it will help curb the flow of foreclosed...

Some 42 months into the government conservatorship of Fannie Mae and Freddie Mac “with no end in sight,” the GSEs’ regulator has planned out the two companies’ next steps but it says Congress needs to have the last word as to the final fate of Fannie and Freddie. Federal Housing Finance Agency Acting Director Edward DeMarco this week dispatched his “strategic plan” to House and Senate leaders in which the Finance Agency outlines the next phase of conservatorship for the GSEs while issuing a call to action to lawmakers.

Bank of America late this week announced it would stop selling new mortgages to Fannie Mae in the wake of an ongoing dispute with the GSE over repurchases.In its quarterly filing with the Securities and Exchange Commission, BofA said starting this month, it will no longer place non-Making Home Affordable program refinance first-lien mortgage products into Fannie mortgage-backed securities.BofA cited both the GSEs’ “increasingly inconsistent” repurchase requests compared to Fannie and Freddie Mac’s past conduct and the bank’s interpretation of its own contractual obligations, which BofA said has resulted in an increase in claims outstanding from the GSEs.

The Federal Housing Finance Agency needs to do more to oversee the legal expenses of Fannie Mae and Freddie Mac, though it has limited tools at its disposal to curtail GSE litigation, according to the FHFA’s Office of Inspector General. The OIG’s report, issued this week, noted that the two GSEs have racked up a significant number of billable hours, both before and after being placed in government conservatorship in September 2008, for their defense in lawsuits, investigations and administrative actions.

The housing GSEs continued to reduce their footprint in global debt markets during the fourth quarter of 2011, with new issuance and debt outstanding down from the previous year. Fannie Mae, Freddie Mac and the Federal Home Loan Banks issued a total of $2.51 trillion in debt last year, down 27.2 percent from 2010 levels, according to a new Inside The GSEs analysis of enterprise data. Issuance fell 26.7 percent from the third to fourth quarter, dropping to just $584.2 billion.

Fannie Mae’s general counsel is in the running to replace the company’s outgoing CEO, Inside The GSEs has learned, but a promotion is by no means assured as the GSE is casting a wide net in search of a suitable replacement. A source familiar with the inner workings of the company confirmed a published report that Timothy Mayopoulos, Fannie’s chief administrative officer and general counsel, has the inside track among those candidates within the company seeking the job.

A new Inside Mortgage Trends analysis of heretofore undisclosed data about Fannie Mae and Freddie Mac buyback demands reveals that individual lenders have faced varying levels of exposure and success in beating back these requests. The government-sponsored enterprises joined other financial asset securitizers in making historic new disclosures regarding the repurchase demands they have made over the years based on a loan originator’s breach of representations and warranties. Rules for the new disclosures, an outcome of the Dodd-Frank Act, were developed by the...(Includes one data chart)