Fannie Mae and Freddie Mac saw a noticeable decline in Home Affordable Refinance Program activity during the final months of 2012, according to a new Inside MBS & ABS analysis. At a time when overall refinance business rose 11.0 percent at the two government-sponsored enterprises, deliveries of HARP loans fell 6.9 percent. The biggest decline was in issuance of MBS specifically geared for underwater mortgages. A total of $62.28 billion of high loan-to-value ratio mortgages were securitized...[Includes two data charts]

The massive legal action initiated by the Federal Housing Finance Agency about a year and a half ago on behalf of Fannie Mae and Freddie Mac against many of the nation’s biggest non-agency MBS issuers and underwriters for allegedly misrepresenting toxic MBS netted its first settlement this week with the prospect of more where that came from. In papers filed with the U.S. District Court, Southern District of New York, the FHFA “voluntarily dismisses with prejudice” its lawsuit against General Electric Co., ending the legal action in which the FHFA had claimed the firm had misled Freddie into purchasing some $549 million of toxic MBS. “This settlement resolves...

Outside investors poking around the mortgage banking industry for a possible franchise deal first and foremost want the companies they’re courting to have Ginnie Mae approvals. “If you have the Ginnie eagle, it’s golden,” said Chuck Klein, managing director for mergers and acquisitions for Mortgage Banking Solutions. “Retained Ginnie servicing is what it’s all about.” Klein, of course, isn’t...

Despite a surge in agency MBS issuance in 2012, new production of agency-backed real estate mortgage investment conduits fell 19.4 percent from 2011 levels, according to a new analysis and ranking by Inside MBS & ABS. Fannie Mae, Freddie Mac and Ginnie Mae issued a combined $292.5 billion in REMICs last year, with Fannie accounting for 44.1 percent of the market. Fannie was the only agency of the three to increase its REMIC production compared to 2011 levels, managing a 6.0 percent increase. Agency REMIC volume fell...[Includes one data chart]

New rules from the Consumer Financial Protection Bureau require servicers to consult with loan owners regarding the loss mitigation process and increase reporting of loss mitigation activity. Senior officials at the CFPB said they have received complaints that servicers are not offering loan modification options allowed by loan owners, including non-agency mortgage-backed security investors. A senior CFPB official said servicers do not always have strong incentives to offer ...

Arch Bay Capital, once one of the most active buyers of nonperforming residential loans, has sold most of its NPL portfolio and is launching a company that will originate non-agency mortgages, according to industry officials who have been briefed on the plans. One source who has done business with Arch Bay told Inside Nonconforming Markets that the working name of the lending unit under construction is 5 Arch. The company, based in Irvine, CA, “seems to be expanding at a good pace” according to the source ...

The already deflated subprime market will likely stay depressed due to the Consumer Financial Protection Bureau’s new ability-to-repay rule, according to industry analysts. The rule singled out higher-priced mortgage originations, offering such loans fewer protections than similar prime mortgages in the form of a rebuttable presumption instead of a safe harbor from litigation. “Not many rebuttable-presumption loans will be made by lenders, and they will carry higher rates due to the ...

Loan originator compensation requirements released this week by the Consumer Financial Protection Bureau aim to prohibit steering to subprime mortgages. The CFPB noted that during the subprime boom, some borrowers who would have qualified for prime loans were steered into subprime loans, with the steering largely tied to LO compensation. “Before the financial crisis, many mortgage borrowers were steered towards risky and high-cost loans because it meant more money for the loan originator,” said Richard Cordray ...

Federal regulators approved a final rule last week to set new appraisal requirements for higher-priced mortgage loans. The requirements include a complete exemption for “qualified mortgages” and certain other originations. Comptroller of the Currency Thomas Curry said the rule, along with the CFPB’s recent ability-to-repay rule, are key components in addressing the “worst economic practices since the Great Depression.” The final rule requires lenders originating HPMLs to obtain ...

Six months after non-agency servicers were able to offer expanded loan modification options under the Home Affordable Modification Program, only 331 of such “Tier 2” mods had been completed, according to the Treasury Department. Industry analysts suggest that HAMP will fall well short of the Treasury’s volume goals when the program expires at the end of this year, possibly due to noncompliance by servicers. HAMP Tier 2 was announced in January and effective June 1, though not all non-agency HAMP servicers ...