Attorneys for disenfranchised GSE shareholders have already filed a notice to appeal this week’s surprise dismissal by a Washington, DC, federal judge of the lawsuits challenging the Treasury Department’s 2012 “net-worth sweep” of nearly all profits generated by Fannie Mae and Freddie Mac. However, a legal expert notes that the ruling by Judge Royce Lamberth of the U.S. District Court for the District of Columbia makes a tall order even taller for investors taking on the government.

After six years of government control of the GSEs, Congressional inaction has ensured no legislative solution to housing finance reform anytime soon so the administration must take action, according to a white paper unveiled this week. Clifford Rossi, adjunct professor at the Robert H. Smith School of Business, University of Maryland, College Park, told Inside The GSEs that a legislative fix to GSE reform is the ideal solution.

A federal judge in Florida this week dismissed a lawsuit brought by the National Low Income Housing Coalition seeking to force Fannie Mae’s and Freddie Mac’s conservator to make good on the GSEs’ statutory obligations to contribute to the National Housing Trust Fund. In the summer of 2013, the National Low Income Housing Coalition filed suit arguing that since the GSEs returned to profitability in 2012, the Federal Housing Finance Agency should have directed Fannie and Freddie to begin to pay up.

The Federal Housing Finance Agency disagrees with its Inspector General’s recommendation that the FHFA direct Fannie Mae and Freddie Mac to assess the cost/benefit of requiring their sellers and servicers to provide independent, third-party confirmation on compliance with government-sponsored enterprise origination and servicing guidance. The IG audit, quietly issued late last week, noted that the Securities and Exchange Commission and the Department of Housing and Urban Development, as well as private mortgage-backed securities investors in the secondary mortgage market, require annual, independent assurance of counterparty compliance.

Efforts to reduce the government-sponsored enterprises’ footprint using guaranty fees and loan limits should be left to Congress, according to Bob Ryan, a special advisor to the director of the Federal Housing Finance Agency. Meanwhile, officials at the Treasury Department suggest that the FHFA does have a role in setting policy that will inform any housing finance reform action by Congress.

The Federal Housing Finance Agency can and should improve its oversight of Freddie Mac information technology investments, concluded a new audit by the agency’s official watchdog. Last week’s Inspector General audit noted that Freddie is making “substantial investments” in IT in order to better support its operations and reduce risk. The GSE’s planned IT expenditures over three years are expected to exceed $1 billion, the IG added.

Fannie Mae last week announced two significant executive staffing changes. Leslie Peeler, senior vice president in charge of Fannie Mae’s National Servicing Organization, is leaving the GSE for a senior position with IBM’s mortgage group. It’s unclear what exactly Peeler will do for the mortgage division of IBM, which includes Seterus, a subservicer that works for Fannie Mae. IBM rarely discloses any information about its mortgage division.

Fannie Mae and Freddie Mac saw significant increases in single-family mortgage business during the third quarter of 2014, and they relied less on their top sellers, according to a new Inside Mortgage Trends analysis. Together, the two government-sponsored enterprises issued $183.2 billion of single-family mortgage-backed securities during the third quarter. That was up 29.1 percent from the previous quarter. Most of the gain came from a 31.7 percent jump in ... [Includes two data charts]

Between now and yearend, it should be a seller’s market for mortgage servicing rights, as long as the seller isn’t trying to unload legacy or “high-touch” product. Legacy deals – at least large ones – continue to be a non-entity in the market as buyers are focusing on smaller MSR packages tied to relatively new originations. One recent legacy deal that was scuttled entailed the sale of roughly $800 million in Ginnie Mae MSRs by Ocwen Financial. Industry advisors familiar with the situation aren’t sure why ...

FHFA Principal Reduction Pilot Program. A bill filed by Sen. Robert Menendez, D-NJ, before Congress left town last month would create a shared-appreciation mortgage program in which banks would reduce the mortgage principal for eligible underwater homeowners. Under the Preserving American Homeownership Act, S. 2854, the pilot programs – to be established by the Federal Housing Finance Agency and the FHA – would entitle banks to a portion of the increased value of the home when the market improves.