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U.S. Foreclosure Mitigation Efforts Found Insufficient, States Play More Active Role

July 5, 2012
Federal officials deny that they’re growing weary of and disinterested in the ongoing foreclosure crisis, even while observers are calling for more effective solutions. “Folks in Washington tell me there is a general sense of foreclosure fatigue in our nation’s capital,” wrote Jean Braucher, a professor of law at the University of Arizona, in the finance blog Credit Slips. “It’s just so boring to keep thinking about all the people losing their homes year after year. Can’t we move on to something new? This attitude goes along with a failure to do anything meaningful to get out of the five-year-old mortgage crisis, still...
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Wall Street Anxious About Impact of Franken Amendment on Rating Services and Investors

June 29, 2012
The Securities and Exchange Commission is coming down the home stretch in a project that has raised jitters in the MBS and ABS market: a review of the credit rating process for structured finance transactions that will conclude with reform recommendations for Congress. Embedded in the Dodd-Frank Act was a provision authored by Sen. Al Franken, D-MN, that requires the SEC to study potential conflicts of interest in issuer-pay and subscriber-pay compensation models used in the credit rating process. Franken originally proposed that the SEC be required to create a process through which a new government entity would assign...
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Moderate Prepayment, Call Protection, New Disclosures Make FHA Low MIP Pools Attractive

June 29, 2012
Roughly 27 percent of outstanding Ginnie Mae MBS pools are eligible for the FHA’s revised streamline refinancing program, which could translate to $36 billion in new annual Ginnie Mae issuance, according to a report from Barclays Research. Barclays analysts estimated that about $293.0 billion of Ginnie Mae’s $1 trillion-plus 30-year loan pools were originated before May 2009. About 79 percent of the collateral backing these pools are FHA loans, which suggests that as much as $232.0 billion could qualify...
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Early Mods Boost Success of Non-Agency Mortgages, Principal Reduction Most Effective, Analysis Finds

June 29, 2012
When it comes to modifying non-agency mortgages, early loan modifications greatly increase the rate of success, and principal reductions are the most effective type of loan mod, according to a new study by the MBS strategy group at Amherst Securities Group. “Modification activity has undergone a dramatic reshaping over the past few years, which has dramatically improved modification success,” the study said. “In particular, payment reductions are much larger now, and that is...
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Senate Democrats, Republicans in Talks to Mark Up Menendez-Boxer Proposed HARP Expansion

June 29, 2012
Leading Senate Democrats and Republicans have been moving cautiously to advance legislation to expand the Home Affordable Refinance Program, although industry observers say the odds are long the measure will see meaningful Congressional action before the legislative clock runs out. Senate Banking Committee Chairman Tim Johnson, D-SD, and Sen. Richard Shelby, R-AL, the committee’s ranking member, have been working on an agreement to ensure that the proposed amendments to the legislation in a markup would be strictly narrowed to making changes to HARP. However, Shelby is pushing to permit any provision on housing finance to be considered...
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Valuation is Key in Industry Proposal to Merge GSEs’ MBS into One New Security

June 29, 2012
The gap between the performance and liquidity of Fannie Mae and Freddie Mac MBS continues to widen and a proposal to make their securities interchangeable is gaining traction among stakeholders. But unless a workable valuation solution is found, bridging that gap between the two government-sponsored enterprises will remain nearly impossible, said the Mortgage Bankers Association. Pricing differences between Fannie and Freddie have grown...
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GAO to FHFA: Hurry Up Already With Principal Reduction!

June 29, 2012
The Federal Housing Finance Agency should “expeditiously finalize” its long-awaited analysis as to whether Fannie Mae and Freddie Mac will be allowed to offer principal forgiveness modifications under the Treasury Department’s Home Affordable Modification Program, according to the Government Accountability Office. In a report issued late this week, the GAO reminded the FHFA that the Obama administration’s loan modification program, which would be used to implement any principal reductions, expires at the end of December 2013.
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FHFA Countersues IL Counties Seeking GSE Taxes

June 29, 2012
Fannie Mae’s and Freddie Mac’s conservator is pushing back in court against local government efforts to squeeze the GSEs for payments of real estate transfer taxes – taxes that are contrary to the companies’ Congressional charter and to federal law, according to the Federal Housing Finance Agency. Last week, the FHFA filed suit in the U.S. District Court for the Northern District of Illinois against the Illinois Department of Revenue and six counties led by DeKalb County that are trying to collect transfer taxes from Fannie and Freddie. The counties initiated litigation earlier in the week by filing a class-action lawsuit to compel the GSEs to pay hundreds of thousands of dollars in uncollected real estate transfer taxes from the past five years.
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‘Test Case’ UBS Appeals Dismissal Denial of GSE Suit

June 29, 2012
A federal judge earlier this month had ruled that the Federal Housing Finance Agency’s case against UBS Americas will serve as the “test case” in a series of lawsuits that FHFA has filed concerning failed residential mortgage-backed securities. However, in another ruling a week later, Judge Denise Cote of the U.S. District Court for the Southern District of New York granted a motion by UBS to appeal her May 4 denial of the bank’s motion to dismiss on statute of limitation grounds. Judge Cote’s June 13 decision denied UBS’ request that it should not be the first of 17 cases to proceed because it was not a loan originator and it was not accused of fraud.
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FHFA-OIG to Audit Fannie, Freddie REO Performance

June 29, 2012
The Federal Housing Finance Agency’s Office of Inspector General said it wants to ensure that Fannie Mae, Freddie Mac and their regulator are making the most of their real estate-owned policies given the expected increase in REO activities in the years to come. The FHFA-OIG’s audit report issued earlier this month noted that between 2007 and the end of 2011, the two GSEs have nearly tripled their REO inventories to nearly 180,000 units and their related expenses to $8.5 billion. “Given the ongoing delays in the foreclosure process and the financial distress in which millions of American homeowners continue to find themselves, the enterprises are likely to face elevated REO inventories and costs for years to come,” said the OIG.
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