The majority of financial institutions defending themselves against a massive litigation initiative by the Federal Housing Finance Agency on behalf of Fannie Mae and Freddie Mac for toxic mortgage-backed securities purchased by the GSEs launched a counteroffensive this week by urging a federal appeals court to intervene in their favor against the “unfair” trial judge. Fifteen banks, including JPMorgan Chase, UBS Americas, Citigroup, Deutsche Bank and Bank of America, filed a joint petition with the Second Circuit Court of Appeals in New York complaining that U.S. District Judge Denise Cote has engaged in a “one-sided” approach designed to force a settlement rather than “foster fair and reasonable determination of the issues.”

Nearly two months after it shut down a plan by Fannie Mae to lower the costs of so-called “force-placed” insurance, the Federal Housing Finance Agency this week unveiled for public comment a plan that would ban the payment of lucrative commissions and reinsurance fees to banks in return for their purchase of lender-placed insurance policies. Under the FHFA proposal, seller/servicers would be prohibited from accepting sales commissions or fees related to the placement of force-placed insurance where a conflict of interest exists between them and the insurance providers and their affiliates. Fannie Mae and Freddie Mac may be affected by such costs where a servicer pays the higher premiums and is unable to recoup the cost from the homeowner or at a foreclosure sale. Consequently, explained the FHFA, the expense is passed along to the GSEs for reimbursement.

The top Democrat on the House Committee on Oversight and Government Reform, who is a vocal critic of the head of the Federal Housing Finance Agency, is calling for a hearing to dissect recent reports by the FHFA’s official watchdog that the agency has been “inadequate” in its oversight of the GSEs. The committee’s Ranking Member, Rep. Elijah Cummings, D-MD, formally requested Committee Chairman Darrell Issa, R-CA, to hold a hearing with FHFA Acting Director Edward DeMarco on the hot seat and FHFA Inspector General Steve Linick, to discuss a new IG audit detailing the agency’s inattention to mortgage servicing complaints. “Another week has brought another sorry report from the FHFA Inspector General finding that FHFA and the GSEs have failed to take seriously their obligations to protect consumers,” said Cummings.

The Ninth Circuit Court of Appeals ruled last week that a 2010 Federal Housing Finance Agency directive advising Fannie Mae and Freddie Mac not to purchase mortgages laden with certain first-priority lien obligations under the Property Assessed Clean Energy program falls within the FHFA’s purview as GSE conservator. A three-judge panel of the Ninth Circuit overturned a ruling last August by California Federal Judge Claudia Wilken that determined the FHFA was not acting as conservator but as regulator and had improperly exercised substantive regulatory oversight in violation of the Administrative Procedure Act when the agency halted GSE involvement with PACE programs.

The GSEs continued to reduce their footprint in global debt markets during the fourth quarter of 2012, with debt outstanding and issuance down from the previous quarter and from the same period a year ago. Fannie Mae’s, Freddie Mac’s and the Federal Home Loan Banks’ combined debt outstanding was $1.867 billion during the period ending Dec. 31, 2012, down 2.5 percent from the third quarter and down 11.6 percent from the fourth quarter 2011, while the GSEs issued a combined total of $598.8 billion in new debt during the fourth quarter.

Two banks re-entered the non-agency mortgage-backed security market in late March after years of holding such originations in portfolio. JPMorgan Chase issued a $616.26 million non-agency jumbo MBS and EverBank Financial is set to issue a $307.36 million non-agency jumbo security. The banks join Redwood Trust, which was the only non-agency jumbo MBS issuer in 2010 and 2011, and Credit Suisse, which resumed non-agency jumbo MBS issuance in 2012. The banks issued non-agency jumbo MBS even though they ...

Officials at Hope LoanPort are touting the capabilities of their web-based portal to help mortgage servicers get into full compliance with the servicing rules put out in February by the Consumer Financial Protection Bureau, as well as help loan modifications proceed without interruption. When the CFPB’s mortgage servicing rules kick in Jan. 10, 2014, lenders will be required to “maintain policies and procedures that are reasonably designed to achieve the objectives of facilitating transfer of ...

First Guaranty Mortgage Corp., a provider of special niche products, has announced plans to push more mainstream FHA/VA and Fannie Mae products through its wholesale broker channel. The plan is to add the popular Home Affordable Refinance Program, loans backed by the Rural Housing Service, and the FHA and VA streamline refinancing programs to the current wholesale menu of manufactured home loans and 203(k) home rehabilitation and repair loans. “We’d like our wholesale side to be better-rounded and so we’re ...

The use of premium pricing to induce more borrowers to opt for FHA streamline refinancing may be a boon for FHA borrowers but clearly a bane for investors in Ginnie Mae mortgage-backed securities, according to Barclays Research analysts. There are indications that more FHA lenders are resorting to premium pricing, in which borrowers pay a higher mortgage rate in return for lowering the cost of obtaining the loan. Its use seems to be increasing, which also raises the risk of Ginnie Mae prepayments, said ...

Mortgage companies are starting to use predictive modeling and better data and analytics to target homeowners who are moving with the right message at the right time in the move cycle. With the use of direct mail, companies can reach movers before they purchase a new mortgage, the thinking goes. Data and analytics company Target Data, a privately held firm based in Chicago, uses proprietary technology to aggregate housing data (more than 70 million records a week), which it uses to predict if ...