Fannie Mae and Freddie Mac shareholders would fall to the very back of the line of creditors under the terms of a new rule submitted to the Federal Register by the Federal Housing Finance Agency.The FHFA’s final rule follows up on its proposed rule released last year to codify the Finance Agency’s terms of conservatorship and receivership operations for Fannie, Freddie and the Federal Home Loan Banks.

The problems of high defaults and softening asset prices that have afflicted the housing market have so far not affected other consumer credit products, according to experts at the American Securitization Forum’s annual meeting in Washington, DC, this week. “The market conditions are actually quite good,” said Mary Kane, head of global securitized products research at Citi Global Markets. “We’re pricing a lot of auto asset-backed securities, and a lot of the autos that are produced in this country are being financed in this market. It’s extremely critical that we’re able to ...

Fannie Mae and Freddie Mac’s management and decision making authority, both present and past, would be subject to special Congressional scrutiny under a bill filed by Rep. Marcy Kaptur, D-OH, earlier this month.The bill, H.R. 2093, would establish the Fannie Mae and Freddie Mac Investigative Commission, composed of eight congressional lawmakers, to examine the practice, decisions and policies of the two GSEs that affect the financial stability of the mortgage firms.

A bill that would create a legislative framework for a covered bond market in the U.S., as well as a potential competitor for the Federal Home Loan Bank system, cleared committee this week following some fine-tuning by its sponsors and is headed to the full House for consideration.The House Financial Services Committee voted 44-7 in favor of H.R. 940, the U.S. Covered Bond Act of 2011.

Expect the $11 trillion residential mortgage market to continue struggling to find its footing as market watchers anxiously await for an improved economy and employment picture to revive the sector from recession-induced stupor, according to the Aite Group. Although the residential mortgage market will “eventually” come back as the economy improves, the ease and speed with which the mortgage-backed securities market recovers is highly dependent on the structural and regulatory forces governing MBS securitization, particularly as it relates to ...

Debt issuance for Fannie Mae, Freddie Mac and the Federal Home Loan Banks declined during the first three months of 2011, while Freddie recorded an increase in new debt in the first quarter.The GSEs collectively issued $707.6 billion in new debt during the first quarter, a 9.9 percent decline from the previous quarter, while total GSE debt outstanding at $2.222 trillion declined 1.8 percent from the previous quarter.

Fannie Mae is sweetening the incentives for its HomePath properties to both homebuyers and real estate agents in an effort to hasten the sales pace of the GSE’s real-estate owned inventory.Through Oct. 31, Fannie is offering homebuyers up to 3.5 percent of the final sales price to put toward closing costs while selling agents representing the owner-occupant buyer would receive a $1,200 bonus under the incentive plan.

The “very conservative terms” of the “qualified residential mortgage” definition proposed by federal regulators, taken together with the risk-retention requirements, the premium capture rule and other provisions, will provide a “significant and undue competitive advantage” to the GSEs over private-market mortgage-backed securities participants, according to the American Securitization Forum.In comments submitted to regulators on the proposed rule earlier this month, the ASF said that securities guaranteed by the GSEs will be able to be securitized free from the risk-retention requirements. This would result in the non-QRM loans that back such securities having lower costs to borrowers and more attractive terms than similar loans offered by private-market participants.

Fannie Mae is loosening its loan modification requirements regarding “imminent default” by changing its requirements for evaluating a borrower’s financial condition for consideration of a loan modification.According to Announcement SVC-2011-06, the GSE’s revised policy would make the Home Affordable Modification Program less stringent by including non-HAMP modification evaluations for borrowers who are either current or in default but less than 60 days delinquent.

A federal judge in Washington dismissed a class action lawsuit over the Home Affordable Modification Program this week, ruling that a group of New York homeowners lacked the standing to sue their mortgage servicer, as well as Fannie Mae and the Treasury Department.