The Department of Housing and Urban Development is working on a proposed regulation that seeks to harmonize existing standards for determining when a housing practice with a discriminatory impact violates the Fair Housing Act. The proposed rule would cover the liability standards in instances in which a racially neutral housing practice has a discriminatory effect. The disparate impact theory has been used in fair housing cases to allege discriminatory activity when the terms of a business policy are neutral toward protected classes but the policy is shown to have greater impact on minorities or other protected groups. There has been debate over...

High-risk mortgages securitized by Fannie Mae and Freddie Mac continued to drag down earnings for the government-sponsored enterprises in the first quarter of 2011, forcing the two GSEs to go deeper into debt to the federal government. Fannie and Freddie lost a combined $13.0 billion on their mortgage-backed security guarantee programs during the first quarter, a significant deterioration from the $6.6 billion the GSEs lost during the previous quarter, according to the Federal Housing Finance Agency’s latest conservatorship report. Since the beginning of 2008 through the first quarter of 2011, Fannie and Freddie have burned through...

The nation’s top mortgage servicers had to submit remedial plans for their foreclosure practices this week as part of their consent agreements with federal banking regulators, after having been granted an extension from the original submission timeline. Some servicers told Inside Mortgage Finance their plans are confidential and couldn’t be released to the public. An official at the Office of the Comptroller of the Currency said there are no plans for the agency to release those plans or to summarize their contents. The affected servicers are...

A new bipartisan bill introduced last week that would replace the government-sponsored enterprises Fannie Mae and Freddie Mac with a single, government-owned entity designed to issue and guarantee mortgage-backed securities demonstrates the lack of political consensus – within the Republican party and Congress in general – about how to deal with the GSE problem. The new bill, H.R. 2413, the Secondary Market Facility for Residential Mortgages Act of 2011, would effectively merge Fannie and Freddie into a single government-backed entity that would issue and guarantee MBS. The MBS would have an explicit government guarantee paid for by...

The Obama administration and Fannie Mae are requiring mortgage servicers to participate in special foreclosure prevention programs that extend forbearance periods for unemployed homeowners from 12 to 24 months to help them avoid foreclosure while seeking re-employment. The current unemployment forbearance programs have mandatory periods that are inadequate for most unemployed borrowers, said Department of Housing and Urban Development Secretary Shaun Donovan. The FHA will extend the forbearance period for unemployed homeowners to 12 months. Servicers participating in the Making Home Affordable Program may also be directed to extend the minimum forbearance period to...

Credit unions posted a significant increase in mortgage production volume during the first quarter of 2011, compared to the same period last year, but the industry has not yet broken through to a broader role in the market. Federally insured credit unions originated $21.5 billion in home mortgages during the first three months of the year, up 16.6 percent from a year ago, according to data from the National Credit Union Administration. But that was down 35.7 percent from the $33.5 billion that credit unions originated in the fourth quarter of 2010. The credit union share of the total mortgage market held steady at 6.6 percent of total... [Includes two data charts]

Experts sharply disagreed on the Federal Reserve Board’s controversial new rules on loan officer compensation during a hearing this week in the House Financial Services Committee, with some claiming it is a confused mess and others saying it’s a shield for low-income and minority borrowers. Marc Savitt, president of the Mortgage Center and testifying on behalf of the National Association of Independent Housing, said the rule caused massive job loss among small mortgage businesses and fewer consumer loan options. “As an active participant in meetings with the FRB during the comment period, it was evident the FRB was unwilling to...

Residential mortgage securitization activity fell sharply during the second quarter of 2011, reaching its lowest level since the low point in the financial market meltdown of 2008. A new analysis by Inside MBS & ABS reveals that only $245.9 billion of single-family MBS were issued during the second quarter of this year, a sharp 31.0 percent downturn from the first three months of 2011. Second quarter MBS issuance wasn’t much stronger than the $222.3 billion of MBS issued back in the fourth quarter of 2008, and to find a lower quarterly issuance volume you have to go ... [includes one data chart]

Although 22 large investors and Bank of America think they reached a reasonable deal to resolve massive buyback claims on some $221 billion of outstanding Countrywide non-agency MBS, some outside analysts and other investors aren’t so sure. The pending agreement, which has to be approved by the court, requires Bank of America to pay $8.5 billion that would be distributed according to the deals that suffered the biggest losses. In return, the bank would get significant ...

The Consumer Financial Protection Bureau is ready to take mortgage servicing by the lapels when it formally opens on July 21, according to an official testifying at a House Financial Services Committee hearing this week – calling the initiative a “priority” for the new agency that faces a heavy load of new duties and authorities. One of the flaws in the regulatory structure is the lack of federal servicing standards, said Raj Date, associate director of depositor and consumer protection at the new agency. Servicing has been a key issue in some MBS investor lawsuits, and many have ...