The majority of financial institutions defending themselves against a massive litigation initiative by the Federal Housing Finance Agency on behalf of Fannie Mae and Freddie Mac for toxic mortgage-backed securities purchased by the GSEs launched a counteroffensive this week by urging a federal appeals court to intervene in their favor against the “unfair” trial judge. Fifteen banks, including JPMorgan Chase, UBS Americas, Citigroup, Deutsche Bank and Bank of America, filed a joint petition with the Second Circuit Court of Appeals in New York complaining that U.S. District Judge Denise Cote has engaged in a “one-sided” approach designed to force a settlement rather than “foster fair and reasonable determination of the issues.”
Fannie Mae and Freddie Mac, at the direction of the Federal Housing Finance Agency, rolled out a new streamlined loan modification program designed to increase the number of mods and reduce the number of foreclosed loans owned or guaranteed by the GSEs – a move not without some risks, analysts say. Beginning July 1 and running through Aug. 1, 2015, servicers can send modification notices to eligible borrowers who are between 90 days and 24 months delinquent under the Streamlined Modification Initiative. Building on the principles of the FHFA’s Servicing Alignment Initiative, the new streamlined mod effort seeks to encourage servicers to resolve delinquencies earlier and in a more consistent and timely manner to keep more people in their home and minimize losses to the GSEs and taxpayers, according to FHFA Acting Director Edward DeMarco.
Lawmakers of both parties in the House and Senate are talking like they are poised to finally ramp up their efforts to tackle housing finance reform, including disposition of the GSEs, but industry observers are skeptical that members will overcome differences and accomplish anything tangible. Last week, during hearings by the House Financial Services and Senate Banking, Housing and Urban Affairs committees, members spoke with more conviction about taking action, but said the devil is in the details. Some Republicans are pushing for a fully private housing finance system, while many Democrats desire some sort of government involvement to support originations of 30-year fixed-rate mortgages.
The Federal Housing Finance Agency is warming up plans to launch a sales blitz for the successful but sun-setting Home Affordable Refinance Program. Last week, while testifying before the House Financial Services Committee, FHFA Acting Director Edward DeMarco said the agency will soon implement a nationwide marketing campaign for HARP “to let borrowers know this is a legitimate program. We want to see more borrowers refinance.”
Fannie Mae may be having second thoughts about selling nonperforming loans into the secondary market where cash-rich investors are waiting with bated breath.
The mystery surrounding how much Fannie Mae really earned in the fourth quarter – and full year – could be solved by the end of next week, as the Federal Housing Finance Agency softens its stance toward allowing the GSE to capture at least a portion of its $64 billion valuation allowance for deferred tax assets. Industry officials who claim to have knowledge of the matter said FHFA is actively working with the GSE to resolve the situation. One former Fannie Mae official said it’s likely the agency will allow both Fannie Mae and Freddie Mac to claim deferred tax assets over several quarters.
Bank and thrift holdings of first-lien mortgages increased in 2012 even as major banks sold sig-nificant amounts of troubled loans. The growth was driven by Wells Fargo and a number of mid-sized banks, holding certain conforming loans in portfolio along with non-agency originations.
The Federal Housing Finance Agency this week sought comment on a proposal that would bar servicers from participating in lender-placed insurance through reinsurance or from receiving any commission or fee for placing or maintaining such type of insurance on mortgages.
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