Fannie Mae and Freddie Mac would be excluded from purchasing loans subject to Property Assessed Clean Energy liens under a rule formally issued by the Federal Housing Finance Agency regulator two weeks ago. The FHFA’s notice of proposed rulemaking, was published in the June 15 Federal Register for public comment in compliance with a federal court order. The proposed rule directs Fannie and Freddie “not to purchase any mortgage where PACE financing with a priority lien was placed on the underlying property. Such financing moves ahead of the pre-existing first mortgage in lien priority, and thereby subordinates Fannie Mae and Freddie Mac security interests in the property.”

Fannie Mae’s and Freddie Mac’s home retention activity declined for the most part during the first quarter of 2012, according to a new analysis of Federal Housing Finance Agency data by Inside The GSEs. Total loss mitigation activity – total home retention efforts and foreclosure alternatives combined – declined 5.0 percent during the first quarter of the year to 214,812 and was down 14.3 percent from year-ago levels. Our analysis was based on the FHFA’s First Quarter 2012 Foreclosure Prevention Report. Total home retention efforts came to 111,739 at the end of the first quarter, a decrease of 7.4 percent from the fourth quarter 2011 and down 22.4 percent from the same period a year before.

The Federal Housing Finance Agency last week finalized a rule which establishes prudential standards relating to the management and operations of Fannie Mae, Freddie Mac and the Federal Home Loan Banks. The Housing and Economic Recovery Act of 2008 requires the FHFA director to establish standards that address 10 separate areas relating to the management and operation of the GSEs and FHLBanks and authorizes the director to establish the standards by regulation or by guideline.

Tentative signs of stability in home prices in early 2012 have yet to spur a rebound in home-equity lending, as the outstanding balance of second mortgages fell to its lowest level in seven years. According to the Federal Reserve, the supply of home-equity loans fell 2.7 percent in the first quarter of 2012 to just $849.5 billion. The home-equity market, which includes home-equity lines of credit and closed-end second mortgages, has shrunk by 24.9 percent since peaking...(Includes three data charts)

The lure of discount pricing combined with the hassle of tough mortgage underwriting standards appears to be pushing more homebuyers away from mortgage financing and toward all-cash home purchases, the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey results suggest. According to the new HousingPulse data, the share of homebuyers relying on all-cash transactions climbed to a record high 35.2 percent in May. That was up from a 30.7 percent level a year ago and...

Federal banking regulators last week released their Financial Remediation Framework for independent foreclosure review consultants to use in determining the compensation due homeowners financially injured by servicers’ foreclosure practices in 2009 and 2010, generally capping damages at $125,000 but allowing borrowers to pursue litigation if they so choose. “The guidance helps ensure that similarly situated borrowers who suffered financial injury as a result of errors in foreclosure actions on their homes are treated similarly,” said the Office of the Comptroller of the Currency, which issued the guidance in conjunction with the Federal Reserve Board. Under the framework, remediation could include lump-sum payments; suspension or rescission of a foreclosure; the provision of...

Old Republic International Corp.’s top management said it is postponing indefinitely plans to reenter the mortgage guaranty market after cancelling a planned spinoff and reversing the partial leveraged buyout of its subsidiary, Republic Financial Indemnity Group. In a conference call this week, ORI Chief Executive Officer Aldo Zucaro stood by the company’s decision to withdraw the registration statement filed with the Securities and Exchange Commission in May for spinning off RFIG common stock to ORI shareholders. He said stakeholders, including the North Carolina Department of Insurance, Fannie Mae, Freddie Mac, banks, debtholders and shareholders, rejected...

For the second time in less than a year, Fannie Mae’s and Freddie Mac’s conservator has gone to court in Illinois to assert that the two federally chartered government-sponsored enterprises are exempt from certain local and state property assessments. Last week, the Federal Housing Finance Agency filed suit in the U.S. District Court Northern District of Illinois, Western Division, against the Illinois Department of Revenue and county clerks to block local government efforts to collect real estate transfer taxes from Fannie and Freddie. The FHFA suit was in response to litigation filed by DeKalb County and five other counties to compel...

The reallocation of hundreds of millions of dollars of funds paid by the nation’s five largest loan servicers to states as part of this year’s whopping $25 billion national foreclosure settlement has ignited intra-state feuding as to how best utilize the cash windfall, according to a mortgage industry attorney. During a webinar sponsored last week by the State Attorneys General Enforcement Network, Jeremiah Buckley, founding partner of BuckleySandler, noted “emerging controversies” among state elected officials as they do battle, in some cases via the courts, to ensure the funds are used for consumer/mortgage-related purposes. The landmark agreement finalized in April between Ally Financial, Bank of America, Citigroup, JP Morgan Chase and Wells Fargo with a coalition of state attorneys general...

Mortgage lenders and servicers face increased congressional and regulatory attention and pressure over how they should respond to the unique needs and problems active-duty U.S. military personnel face handling their mortgages, particularly when they are transferred. Sen. Richard Shelby, AL, ranking Republican on the Senate Banking, Housing and Urban Affairs Committee, emphasized during a hearing this week the disruptions that Permanent Change of Station orders can cause service members. “When PCS orders are issued, service members are required to move even if they owe more on their mortgage...