Mortgage industry officials are lauding the Federal Housing Finance Agency’s long-awaited move toward clarity on repurchase demands made by Fannie Mae and Freddie Mac based on lenders’ representations and warranties. Part of a broader series of FHFA strategic initiatives called seller-servicer contract harmonization, the new rep and warranty framework on GSE mortgages sold or delivered on or after Jan. 1, 2013, “aims to clarify lenders’ repurchase exposure and liability on future deliveries,” according to FHFA Acting Director Edward Demarco. “Lenders want more certainty about their risk exposure and the enterprises want...[Includes two data charts]

House lawmakers this week overwhelmingly approved legislation that would essentially codify some of the measures already adopted by the Department of Housing and Urban Development to help strengthen the FHA Mutual Mortgage Insurance Fund as well as improve risk management and tighten oversight of FHA lenders and third-party originators. The long-awaited bill, the FHA Emergency Fiscal Solvency Act of 2012, passed by a vote of 402-7, nearly six months after it was voted out of the House Committee on Financial Services. Rep. Judy Biggert, R-IL, who chairs the Financial Services Subcommittee on Insurance, Housing and Community Opportunity, introduced the bill after her subcommittee approved an initial draft in early February. The MMI Fund has been below minimum capital reserve levels and is not projected...

Fannie Mae and Freddie Mac both saw substantial declines in deliveries of home mortgages with balances exceeding $417,000 during the second quarter, offsetting a significant increase in FHA originations of conforming jumbo loans. Combined, the three agencies did $24.1 billion in conforming jumbo mortgage business – loans on single-unit properties in the lower 48 states that exceed the old $417,000 loan limit. That was down 16.3 percent from the first three months of 2012 at a time when overall mortgage origination volume fell 5.2 percent. Meanwhile, originations of non-agency jumbo loans rose...[Includes two data charts]

Uncertainty about risk in a rapidly changing regulatory environment and the still destabilized economics of the housing market continue to keep private capital from returning to the mortgage market, according to industry officials at this week’s American Mortgage Conference sponsored by the North Carolina Bankers Association. “Everybody’s very concerned about the role of the government, that the government is supporting too much of the marketplace today,” said Meg Burns, senior associate director for housing and regulatory policy for the Federal Housing Finance Agency. “But it’s really hard to envision how people can pull back from that government support when we don’t actually understand not only who holds the credit risk but what the requirements are for retaining that risk in terms of capital.” All of the Dodd-Frank Act regulations that are still in play are...

Two Senate Democrats have made small but significant changes in their proposed legislation to expand the Home Affordable Refinance Program, and the White House is pushing for a vote before lawmakers leave Washington next week for the campaign trail. The key change in the revised Responsible Homeowner Refinancing Act, S. 3522, sponsored by Senate Democrats Robert Menendez (NJ) and Barbara Boxer (CA), would keep the existing requirement that only loans originated prior to June 2009 are eligible for HARP. In its original form, the bill would have extended eligibility for loans made prior to June 2010, effectively giving a number of borrowers a second crack at the program. Sen. Bob Corker, R-TN, and other GOP lawmakers raised...

A growing challenge for Fannie Mae and Freddie Mac is the “increasingly vigilant role” of the Federal Housing Finance Agency Office of Inspector General, according to an industry expert. “The FHFA Inspector General, like most IGs, takes his responsibilities seriously, but tends to view things as, if they’re not 100 percent right, then they’re wrong,” said Bob Bostrom, a partner at the SNR Denton law firm. “He has, I believe, had a chilling effect on the willingness of the enterprises, and the FHFA in some cases, to make business decisions,” the former Freddie official said during the American Mortgage Conference sponsored by the North Carolina Bankers Association. The best example of that occured at year-end 2010, when Fannie and Freddie both reached...

What started as a battle between investors has spread to include lenders, borrowers and servicers. Proponents of plans to use eminent domain for principal reduction warn that the government-spon-sored enterprises and lenders could be subject to redlining and other consumer protection regulations for opposing the evolving scheme. No county or municipality has implemented a wide-scale eminent domain plan, though a number of areas are considering the option. Non-agency mortgage-backed security investors have strongly opposed eminent domain proposals, claiming they are unconstitutional, among other issues. “This unprecedented use of eminent domain law, if successful, would...

Fannie Mae will retain an “equity interest” in the nearly 700 real estate owned properties the government-sponsored enterprise has sold off to be managed as rentals as part of the pilot program to move GSE-held foreclosures off the books. The Federal Housing Finance Agency this week announced the first winning bidder in its REO pilot initiative. San Diego-based Pacifica Companies LLC paid $12.3 million for a share in a joint-venture with Fannie for 699 properties in Florida, resulting in an estimated transaction valuation to Fannie of $78.1 million or 95.8 percent of the properties’ estimated value, according to the transaction summary. “Fannie Mae sold...

The Federal Housing Finance Agency incorrectly piggybacked and failed to independently verify Fannie Mae’s and Freddie Mac’s mandated assurances or “covenants” that the GSEs were in compliance with the Treasury Department’s terms in exchange for taxpayer support during conservatorship, according to a recent report by the FHFA’s official watchdog. The FHFA’s Office of Inspector General noted a “gap” in the Finance Agency’s compliance with the terms of the preferred stock purchase agreement with the Treasury.“Until June 2012, FHFA did not provide Treasury with a certification that the enterprises’ filings and related documents were free of materially false or misleading statements,” said the OIG report, issued in August.

Fannie Mae and Freddie Mac are obligated to comply with recently enacted Massachusetts law requiring creditors to take “commercially reasonable steps to avoid foreclosure,” according to a letter to the GSEs’ conservator from state Attorney General Martha Coakley. The AG’s Aug. 23 letter to Federal Housing Finance Agency Acting Director Edward DeMarco puts the agency on notice about a law signed Aug. 3 by Gov. Deval Patrick, D, “An Act to Prevent Unnecessary and Unreasonable Foreclosures,” which mandates loan modifications “when they make economic sense.”