Two different groups holding Fannie Mae and Freddie Mac stock filed suit against the government this week claiming that the Treasury Department and the Federal Housing Finance Agency are illegally poaching the profits from Fannie Mae and Freddie Mac that should go to shareholders. The FHFA and Treasury illegally implemented the so-called sweep amendment last summer that altered Fannie’s and Freddie’s preferred stock purchase agreements, according to the suits. The amended agreement allows the government to seize nearly all the profits of the two government-sponsored enterprises. This is a direct violation of the 2008 conservatorship legislation, according to the lawsuit filed by hedge fund Perry Capital in the U.S. District Court for the District of Columbia. Less than two days later, Fairholme Capital Management filed...
More sales of mortgage servicing rights are expected as a result of final Basel III capital rules approved by U.S. bank regulators over the past week. As anticipated, the Federal Reserve and other agencies declared that mortgage servicing rights cannot exceed 10 percent of Tier 1 capital – or 15 percent when deferred tax assets are factored into the equation. As was originally proposed, any MSR amounts above 15 percent must be deducted from Tier 1 capital, and any amounts included in capital will carry a risk weight of 250 percent. “Mortgage servicing rights were not given...
Private mortgage insurers may be gaining momentum as the mortgage market steers toward a greater focus on purchase-mortgage lending, according to a new Inside Mortgage Finance analysis of Fannie Mae and Freddie Mac data. The two government-sponsored enterprises securitized a total of $56.11 billion of home loans that included private MI coverage during the second quarter of 2013. That was up 12.1 percent from the first three months of the year, compared to a 5.1 percent decline in total GSE business over that period. Private MI activity is...[Includes one data chart]
Fannie Mae and Freddie Mac announced this that week that they will rely on mortgage sellers to make sure all the loans sold to the government-sponsored enterprises starting next year will be “qualified mortgages” that meet the controversial limit on points and fees. Some aspects of the QM standard will be easy to quantify and meet, such as maximum loan terms of 30 years and no interest-only payment plans. The 43 percent cap on debt-to-income ratio that’s part of the ability-to-repay rule issued by the Consumer Financial Protection Bureau will be waived for the GSEs. The stickiest wicket is...
The mortgage banking industry recently declared victory in the wake of a federal appeals court decision to overturn a previous court ruling, which had upheld a 2010 administrative interpretation by the Department of Labor that mortgage loan officers are entitled to overtime pay. In Mortgage Bankers Association v. Seth D. Harris, acting secretary of U.S. Department of Labor, a three-judge panel from the U.S. Court of Appeals for the District of Columbia reversed a lower court’s decision denying the MBA’s motion for summary judgment. At the same time, the appellate court remanded the case to the district court with instructions to vacate the DOL’s 2010 interpretation of the administrative exemption under the Fair Labor Standards Act (FLSA). The court, however, left...
Mortgage banking and brokerage firms are about to start laying off production workers as refi applications continue to decline, but industry executives say the heaviest layoffs are unlikely to come until the end of summer. That’s when lenders begin closing mortgages that first entered the pipeline in May, when the application picture was brighter. According to figures compiled by the Bureau of Labor Statistics, the mortgage banking and brokerage sectors employed 293,800 full-time workers in May, compared to 295,500 in April, a loss of 1,700 positions. Compared to a year ago, employment is up 10 percent. The brokerage sector alone employed...
Two insurance industry trade groups recently filed suit in federal district court to contest the Department of Housing and Urban Development’s final rule formalizing its “disparate impact” interpretation of the Fair Housing Act, which asserts that housing policies and practices can be deemed discriminatory not only through their intent but also by their effects. The rule, issued in early February, formally establishes the three-part burden-shifting test for determining when a practice with a discriminatory effect violates the Fair Housing Act. The American Insurance Association and the National Association of Mutual Insurance Companies, whose members sell homeowners insurance, challenged...
New mortgage reform legislation expected soon to be dropped by a senior House Republican is all but certain to go nowhere this year, but having a bill on file and in hand is a necessity in order for GOP hawks to keep their voice in the conversation on government-sponsored enterprise reform, say industry observers. By the end of next week, House Financial Services Committee Chairman Jeb Hensarling, R-TX, will introduce his long-awaited housing reform legislation, sources say. Details of the bill remain sketchy, but it’s to include a complete wind-down of Fannie Mae and Freddie Mac, with only a limited federal support for the mortgage market going forward, most likely housed within the FHA. Hensarling’s legislative effort has been overshadowed...
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