Recent public comments by President Obama and Congressional leaders have seemingly re-energized the debate over housing finance reform even though some are questioning the cashiering of the now profitable GSEs. But as lawmakers draft and/or refine dueling bills, it remains to be seen whether summer recess chatter will translate into an actionable legislative result this fall, say industry observers. In a highly anticipated speech last week, the president didnt break much new ground in calling for Fannie Mae and Freddie Mac to be wound down through a responsible transition. However, Obama listed among his key reform principles that private capital should be in a first-loss position and the government should provide an appropriately priced, explicit government guaranty to ensure continued access to the 30-year fixed-rate mortgage.
When the government took control of Fannie Mae and Freddie Mac almost five years ago, the thought of securitizing multifamily loans had already been planted, but both preferred the idea of holding the paper in portfolio for obvious reasons: high returns and ultra-low delinquencies. Today, both GSEs are securitizing a record amount of MF mortgage-backed securities but all of that is about to change with the Federal Housing Finance Agency forcing them to shrink their balance sheet holdings including multifamily. Moreover, FHFA is now soliciting comments from the public on how to whittle down the GSEs role in the MF business. The agency recently published notice that it wants input in evaluating alternatives for further contracting the multifamily business and is seeking views on the potential market impact of various strategies.
Fannie Mae and Freddie Mac are eliminating or tweaking certain servicing initiatives, the two GSEs announced last week in separate bulletins. Effective Aug.1, the two enterprises have eliminated the complete Borrower Response Package and Delinquency Improvement Performance Standard, and the related incentive and compensatory fee structure.
The Federal Housing Finance Agency has hired Washington-based Spencer Stuart to help find a chief executive to man the helm of the common securitization platform project. One former Fannie Mae official familiar with the effort told Inside The GSEs that the project has taken on a more serious urgency at the agency. Im not sure of the timeline, but its moving along. One mortgage official who was approached about the job but who made it clear he is not interested said that the CEO FHFA hires will need to be creative, revolutionary and good at many things.
The Federal Housing Finance Agency is ready, willing and able to use its big stick as regulator of the GSEs to play hardball against municipalities that move forward with proposed efforts to seize underwater mortgages via local government eminent domain powers, say industry observers. One year ago nearly to the day after the FHFA warned action might be necessary to protect the GSEs, the Finance Agency released a legal memorandum outlining a number of steps it could take in response to an eminent domain action to restructure mortgages. The FHFA reiterated its significant concerns as conservator of Fannie Mae and Freddie Mac, as well as regulator of the 12 Federal Home Loan Banks, that widespread seizures of the loans and their subsequent refinancing presents a clear threat to the safety and sound operations of the GSEs.
The Federal Housing Finance Agency may pursue a fraud lawsuit against Ally Financial despite the bankruptcy status of Allys Residential Capital mortgage unit, a Manhattan federal judge ruled this week. U.S. District Court Judge Denise Cote denied Allys request to stay the FHFAs litigation, a typical motion by bankrupt debtors to defer litigation as they seek to reorganize. In 2011, the FHFA filed 18 lawsuits alleging that Ally and other large financial institutions misrepresented the quality of non-agency mortgage-backed securities sold to Fannie Mae and Freddie Mac before the 2008 financial crisis.
Fannie Mae and Freddie Mac, at the direction of the Federal Housing Finance Agency, are developing a standardized dataset to support the Consumer Financial Protection Bureaus yet-to-be finalized consolidated closure disclosure forms, the GSEs recently announced. The GSEs new Uniform Closing Dataset is a component of the FHFA-mandated Uniform Mortgage Data Program, which is designed to standardize the way loan data is defined, captured and delivered. The UMDP is a multifaceted, ongoing program in which the GSEs develop and implement mortgage data standards for the single-family loans we purchase and/or securitize, Freddie said. Capturing consistent and accurate data is essential to our ability to effectively assess risk on the mortgages we purchase and will create efficiencies for all industry participants. In conjunction with the uniform appraisal data standards, Freddie said it has worked with Fannie on a joint appraisal data delivery portal, the Uniform Collateral Data Portal, for the electronic capture of appraisal data.
The voluntary attrition rate of experienced and knowledgeable staffers within Fannie Maes and Freddie Macs capital markets businesses remains a concern, but for the time being the problem appears to have been mitigated, according to the Federal Housing Finance Agencys official watchdog. Although employee turnover at both GSEs has been an issue that accelerated following the companies move into government conservatorship in 2008, the FHFAs Office of Inspector General zeroed in on staffing at Fannies Capital Markets Group and Freddies Investments & Capital Markets Division because of their portfolios size, complexity and susceptibility to sustaining significant losses.
The U.S. Treasury will receive a massive cash payment of $14.6 billion by Fannie Mae and Freddie Mac next month following robust second-quarter earnings, leaving the two GSEs potentially within a quarter or two of reaching the point where their dividend payments equal the massive bailout provided to them by taxpayers. The period ending June 30, 2013, saw Fannie reporting $10.1 billion in net income, the companys sixth consecutive quarterly profit, while Freddie posted $5.0 billion in net income. The second quarter was Freddies seventh straight profitable quarter and its second largest in company history. Under the revised conservatorship agreement rolled out a year ago by the Federal Housing Finance Agency and the Treasury Department, any GSE net worth exceeding $3.0 billion is impounded by the government.
Both sides of the mortgage banking business posted modest gains in profitability during the second quarter of 2013, according to a new analysis by Inside Mortgage Trends of earnings reports from nine lenders. The group reported a total of $4.34 billion in production-related income during the second quarter, up 2.8 percent from the first three months of the year. Thats a relatively strong showing given that their total origination volume increased by just 0.7 percent ... [Includes one data chart]