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Industry Rallies to Stop New GSE G-Fee to Pay for House Jobs Bill

November 30, 2012
Industry groups rallied late this week in opposition to a new effort to use revenue derived from an additional GSE guaranty fee to fund amendments to a jobs bill. H.R. 6429, the STEM Jobs Act, would extend by one year the 10 basis point g-fee increase mandated by Congress last year to pay for an extension in payroll taxes. All of the added revenue from that fee hike, which will remain in effect for 10 years, will go into the U.S. Treasury and not cover Fannie Mae and Freddie Mac credit losses or count toward the GSEs’ other financial obligations.
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Courts Uphold GSE Conservator’s Right to Block PACE

November 30, 2012
The Eleventh Circuit Court of Appeals ruled earlier this month that a 2010 Federal Housing Finance Agency directive advising Fannie Mae and Freddie Mac against purchasing mortgages laden with certain first-priority lien obligations under the Property Assessed Clean Energy program is not tantamount to a rulemaking that can be challenged in court. The ruling rejected a challenge by Leon County, FL, to uphold its PACE program. The county claimed the FHFA had engaged in rulemaking without the required notice and comment period in violation of the Administrative Procedure Act.The circuit court’s opinion by Judge Rosemary Barkett found the Finance Agency’s action was consistent with its congressionally defined role as conservator under the Housing and Economic Recovery Act of 2008.
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Fannie, Freddie Market Share Rises in 3Q12

November 30, 2012
Both Fannie Mae and Freddie Mac retained their dominant shares of mortgage-backed securities with a bit of a boost during the third quarter of 2012, according to an Inside The GSEs analysis.The two GSEs issued a combined $335.4 billion MBS during the third quarter, compared to $273.9 billion during the previous quarter. Fannie and Freddie saw an ample 54.7 percent increase in MBS issuance during the first nine months of 2012 compared to the same period a year earlier.
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UBS Appeals Dismissal Denial of FHFA MBS Suit

November 30, 2012
UBS Americas took its challenge to the first of a long line of mortgage-backed securities lawsuits brought by the Federal Housing Finance Agency to a federal appeals court this week, arguing the GSE conservator waited too long before filing charges that the company misled Fannie Mae and Freddie Mac in selling toxic non-agency MBS to the two GSEs. …
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FHFA Finalizes Unified Exams for Fannie, Freddie, FHLBanks

November 30, 2012
The Federal Housing Finance Agency will employ a new, more comprehensive examination rating system which would be used to inspect Fannie Mae, Freddie Mac, the Federal Home Loan Banks and the Banks’ Office of Finance under a final rule issued earlier this month. The new system, published in the Nov. 13 Federal Register, will implement a single risk-focused examination system for all three entities that would be similar to the “CAMELS” ratings used by federal prudential regulators for depository institutions.
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Servicers Need Solid MSR Valuation Process

November 30, 2012
Valuation of mortgage servicing rights has been challenging for many market participants, particularly with the incredible pace of change occurring in the mortgage servicing industry. Hence, it is important for servicers to have the basic building blocks to a solid MSR valuation process and a full understanding of the company for pricing and valuation purposes, suggests a recent study from PricewaterhouseCoopers. PwC noted that MSR valuations for seasoned portfolios have dropped ...
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Judge Tosses Fraud Suit Against Ex-Fannie Official

November 30, 2012
For the third time in as many months, a federal judge has summarily dismissed a securities class action lawsuit against a former Fannie Mae executive. U.S. District Judge Richard Leon threw out the case against Leanne Spencer, Fannie’s former controller, brought nearly a decade ago by investors hoping to recover damages. Two Ohio pension funds – the Ohio Public Employees Retirement System and the State Teachers Retirement System of Ohio – filed suit in 2004 related to a $6.3 billion overstatement of earnings against Fannie and three former GSE executives, including CEO Franklin Raines.
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SPOC Implementation Varies by Servicer

November 30, 2012
The major servicers use three different models to implement single point of contact requirements, with no clear answer as to which model is the best, according to a new report from the Treasury Department. Servicers report seeing benefits from SPOC requirements though there are also concerns with the new servicing model. A SPOC works with a borrower to determine options throughout the loss mitigation process. The Treasury requires servicers participating in the Home Affordable Modification Program to ...
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Fannie, Freddie Announce New Law Firm Rules

November 30, 2012
Fannie Mae and Freddie Mac earlier this month announced new, synchronized requirements regarding the management of law firms for default servicing, bankruptcies, foreclosures and related litigation involving mortgages owned or guaranteed by the two GSEs. Effective June 1, 2013, Fannie’s and Freddie’s servicers will be allowed to choose their own attorneys, create their own processes for managing foreclosure processing and maintain direct relationships with their law firms. The new rules also require servicers to establish procedures to manage and monitor all aspects of the law firm’s performance and compliance with applicable requirements. Upon request, servicers will be required to perform a due diligence review and notify the GSEs of the result.Fannie’s and Freddie’s new rules were issued at the direction of the GSEs’ conservator, the Federal Housing Finance Agency. The directive comes more than a year after the FHFA’s Office of Inspector General dinged the agency for lax oversight of the GSEs and problems involving improper foreclosure practices with their affiliated law firms.
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Local Conditions Deserve More Attention

November 30, 2012
An examination of how quickly the distressed real estate inventory dissipates in three Northeast states suggests that federal policymakers need to pay much more attention to local mortgage market conditions when formulating policy, one researcher says. “A critical issue in today’s housing market concerns both the size of the distressed real estate inventory and the speed at which it will dissolve,” said James Follain, principal of James R Follain LLC and contributing editor to ...
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