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FinCEN Proposes GSE Anti-Fraud Regulations

November 11, 2011
Fannie Mae, Freddie Mac and the Federal Home Loan Banks would be required to develop anti-money laundering programs and file suspicious activity reports with the Financial Crimes Enforcement Network under new regulations proposed by the agency. Under current guidelines, the GSEs currently file fraud reports with their regulator, the Federal Housing Finance Agency, which then files SARs with FinCEN, which is a bureau of the Treasury Department. The proposed revision would simplify the reporting process,…
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Derivative Losses Cost Fannie, Freddie Big in 3Q

November 11, 2011
Fannie Mae and Freddie Mac each lost much more in the third quarter of 2011 than during the previous three month period and more than one year ago as the two GSEs reported significant derivatives losses.On a combined basis, Fannie and Freddie lost $9.5 billion in the third quarter, compared to a $5.0 billion loss in the second quarter and $3.8 billion in losses during the same period a year ago.
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FHFA’s DeMarco: REO Initiative ‘Months’ Away

November 11, 2011
It will be months rather than weeks before the Federal Housing Finance Agency and other government departments are ready to deploy a plan for bulk sales of the inventory of government-owned foreclosed properties, according to the head of the FHFA.Testifying before the House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises last week, FHFA Acting Director Edward DeMarco told members that with the long-awaited revision of the Home Affordable Refinance Program out of the way, focusing on the government’s ample real estate owned inventory is the “next priority.”
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Restoration of GSE High Loan Limits a Long Shot

November 11, 2011
Congress should permit the conforming mortgage loan limits for Fannie Mae, Freddie Mac and the FHA to remain lower as attempts to restore the higher limit could do the mortgage market more harm than good, an expert says.The “emergency” high cost conforming loan limits enacted in 2008 for the GSEs and the FHA expired on Sept. 30, dropping the limit to $625,500 from $729,750.
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Senate Bill Would ‘Responsibly Unwind’ GSEs

November 11, 2011
A bill introduced in the Senate this week would “responsibly unwind” Fannie Mae and Freddie Mac and “end the dependence on the government for housing finance.” Sen. Bob Corker, R-TN, said he introduced the Residential Mortgage Market Privatization and Standardization Act to start a conversation on how to best to rebuild the mortgage finance market.
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REITs Want to Keep Investment Co. Exemption

November 11, 2011
Any proposed restrictions on asset-backed securities issuers, real estate investment trusts and other mortgage-related pools under the Investment Company Act would be harmful to the market and further restrict liquidity and capital formation, warned stakeholders. In comments to the Securities and Exchange Commission’s possible amendments to Rule 3a-7 and Section 3(c)(5) of the ICA, most stakeholders noted that the two provisions have worked well through the years to distinguish asset-backed issuers from investment companies, address investor protection concerns and allow the growth and innovation of...
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Lenders Must Aggressively Manage M.O. Comp

November 11, 2011
In today’s dramatically changed mortgage lending and regulatory environment, lenders must aggressively manage their originator compensation structures if they want to guarantee their compliance with all applicable laws and regulations, according to a top industry consultant. The first step is “to eliminate all incentive arrangements that pay commissions or bonuses based on any of the terms or conditions of the loans such as interest rates, demand features, prepayment penalties or proxies for these loan terms,” said Henry Oehmann, national executive compensation services executive director for Grant Thornton. Lenders...
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Lenders Concerned About GSE Servicing Payment

November 11, 2011
Many mortgage lenders are concerned about a new fee-for-service compensation plan proposed by Fannie Mae, Freddie Mac and their federal regulator – including a change in how servicers get their fees. Under the current minimum servicing fee system, servicers take their slice of compensation out of the interest payments being passed through from borrowers to the government-sponsored enterprises. Under the proposed fee-for-service plan, servicers would pass through the entire consumer payment and then get their compensation from the GSEs. Beyond the economics of the proposed change – servicers would get a flat fee, perhaps...
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Private MI Business Strengthened in 3Q11 Despite Ongoing Financial Strains on MIs

November 10, 2011
The private mortgage insurance industry, driven toward irrelevance during the first two years of the housing market collapse, is staging a quiet comeback in 2011. A new Inside Mortgage Finance ranking and analysis reveals that private MI activity in the third quarter rebounded to its strongest market share in three years, and accounted for 24.2 percent of new primary mortgage insurance written. While FHA volume dropped 6.2 percent from the second quarter, private MIs provided coverage for $22.01 billion in new mortgages, a gain of 38.6 percent. The increase in private MI activity outstripped...(Includes three data charts)
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Fannie and Freddie Concerned by Mounting MI Risk Exposure as GSEs Post Huge 3Q11 Losses

November 10, 2011
Fannie Mae and Freddie Mac reported similarly sour earnings results for the third quarter with both government-sponsored enterprises expressing concern about their growing risk exposure to struggling private mortgage insurance companies. Freddie noted in its 10-Q filing that “the financial condition of certain of our mortgage insurers continued to deteriorate” during the July-September period. Fannie sounded a similar alarm in its own earnings statement. “The already weak financial condition of many of our mortgage insurer counterparties deteriorated at...(Includes one data chart)
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