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FHFA Rolls Out Final Rule Update Of Agency’s FOIA Regulation

February 10, 2012
The Federal Housing Finance Agency has made a number of minor but important changes to its existing Freedom of Information Act regulations.On Jan. 31, the Finance Agency published in the Federal Register updates to its FOIA regulations to include the FHFA Office of Inspector General. The FHFA-OIG, which came into existence in October 2010, did not exist when FHFA’s original FOIA regulations were issued in 2009.The FHFA final regulation lists the various revisions to the agency’s 2009 FOIA regulation, as well as describes what information is exempt from disclosure.
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FHFA to Drop Servicer Pay Rule Changes

February 10, 2012
Industry insiders are cautiously expressing optimism about widespread reports that the Federal Housing Finance Agency is having second thoughts about implementing its proposed overhaul of mortgage servicing compensation in the face of massive lender pushback.Numerous published reports have fueled the industry’s expectation that the FHFA is working to tactfully back away from proposed alternatives for a government-sponsored enterprise compensation model intended to benefit servicers, consumers and investors.The Finance Agency’s September discussion paper set out two alternatives for changing the current 25 basis-point minimum fee compensation method for mortgage loan servicers. One alternative would reduce the minimum-servicing fee to as low as 12.5 bps payment with a 5 bps reserve fund, and the second alternative would institute a fee-for-service method whereby the loan servicer would be compensated with a flat fee per month for each performing loan they service.
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Fannie, Freddie Market Share Surged in 4Q11

February 10, 2012
Both Fannie Mae and Freddie Mac retained sizeable shares of mortgage securities with a not insignificant bump during the fourth quarter of 2011, according to a new Inside The GSEs analysis.The GSEs issued a combined $261.6 billion in MBS in the fourth quarter, a 13.0 percent increase from the third quarter.Fannie and Freddie dropped to $852.8 billion in MBS issued for the year, an 11.1 percent decrease in MBS issuance during the January to December period. The GSEs’ issuance represented 72.1 percent of total MBS produced during 2011.Between the two companies, Fannie and Freddie registered an ample 77.1 percent share of new MBS issued during the quarter that ended Dec. 31, 2011, up from the 69.1 percent the two companies held during the third quarter and surpassing the 74.8 percent share both GSEs held during the first quarter.
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Judge Denies FHFA’s Request to Dismiss Chicago Suit

February 10, 2012
A Federal judge in Chicago tabled for the moment the Federal Housing Finance Agency’s hopes of a speedy ruling in its favor of its lawsuit to exempt Fannie Mae and Freddie Mac from the city’s new vacant building ordinance, although the judge appears open to hearing the FHFA’s jurisdictional argument.Last month, U.S. District Court Judge Joan Lefkow denied the FHFA’s request for summary judgment in its lawsuit against Chicago while she ordered the city to file its response to the Finance Agency’s litigation.Filed in December, the FHFA’s lawsuit on behalf of the two GSEs seeks to prevent the city from enforcing the ordinance which requires mortgagees to pay a $500 registration fee for vacant properties and requires monthly inspections of mortgage properties to determine if they are vacant.
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Large Banks Appear Well Prepared For Foreclosure Settlement Agreement

February 10, 2012
The five large mortgage servicers that agreed to a $25 billion settlement with 49 state attorneys general this week have already established more than enough reserves to cover their costs, analysts say. Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and Ally Financial agreed to pay $20.0 billion in financial relief to homeowners and $5.0 billion to federal and state governments, of which $1.5 billion will be used to compensate some borrowers who have gone through foreclosure. Both the Federal Reserve Board and the Office of the Comptroller of the Currency levied separate monetary penalties...
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Lenders Notch Gains in Mortgage Banking Profits

February 10, 2012
The boom in mortgage origination activity in the fourth quarter of 2011 carried mortgage banking profits to their highest level in nearly two years, according to a new Inside Mortgage Trends analysis of earnings reports from 22 companies. The group, which includes all the top originators and servicers, reported a combined $5.10 billion in mortgage banking income during the fourth quarter of 2011. That was up 20.0 percent from the previous three-month period and represented the most profitable quarter for the group since the first quarter of 2010. On a full-year basis, the results don’t...(Includes one data chart)
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MSRs More Attractive to Smaller Firms, for Now

February 10, 2012
A number of small to mid-size mortgage firms appear to be taking a second look at holding onto their newly created mortgage servicing rights. There are a handful of forces at work driving this dynamic for smaller companies. First, some big servicers such as Bank of America are dumping their MSRs, in some cases because of the increasingly unattractive legal environment, while others are trying to align their portfolios for the upcoming Basel III capital framework or reacting to hedging strain in a low interest-rate environment. Additionally, the economics are developing in such a way as to encourage smaller...
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Settlement Points to National Servicing Standards

February 10, 2012
One potential coup for the mortgage industry in the landmark multistate robosigning settlement announced this week is the detailed look at national servicing standards at a time when the states are racing to implement their separate foreclosure and servicing reforms. The terms for the $25 billion deal reached by 49 states, federal officials and the five major banks – Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and Ally Financial – have yet to be released. However, one document that immediately made its way onto the settlement’s new website was an overview of the new servicing...
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Gearing Up for Increase in Foreclosures

February 10, 2012
The mortgage settlement agreement between state and federal law enforcement agencies and the country’s five largest loan servicers will unleash a new foreclosure wave that will cause real estate-owned properties and distressed home sales to increase, according to market observers. Having the Federal Housing Finance Agency’s REO Initiative ready will be useful when the foreclosure and REO tsunami comes rolling in, academics, economists and analysts agree. The number of properties classified by banks as “real estate-owned,” or REO, has declined over the past year. The reason: the robosigning scandals...
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Mortgage Trends

February 10, 2012
With December data in, CoreLogic was able to show that the housing price index decreased by 4.7 percent in 2011 compared with December 2010, marking the fifth consecutive year of a downward trend. That number factors distressed sales into the index. Excluding distressed sales, home prices decreased by 0.9 percent from the previous year. While the number is in the red regardless of whether distressed sales are included, the difference between the two figures is distinct enough to demonstrate the intense effects of distressed sales on home equity. In December 2011, excluding distressed sales, the house...
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