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FHFA Issues Draft Strategic Plan for Public Comment

May 18, 2012
The Federal Housing Finance Agency is requesting public comment on its draft document Strategic Plan: Fiscal Years 2013-2017. The FHFA said it’s updating its plan in order to incorporate the strategic plan for conservatorships of Fannie Mae and Freddie Mac that the Finance Agency sent to Congress in February.
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Fired Fannie Staffer to Press Lawsuit Despite Ruling

May 18, 2012
Fannie Mae received a leg up earlier this month in its defense against a former staffer’s wrongful termination lawsuit when a federal judge ruled that the GSE is not legally considered a government entity while under the conservatorship of its regulator, the Federal Housing Finance Agency. Caroline Herron, a former Fannie vice president who left in 2007 but returned as a consultant in 2009, filed suit against the GSE in June 2010. Herron claims she was wrongly fired for reporting what she said was Fannie’s mismanagement of the Obama administration’s housing rescue initiatives. According to papers filed in U.S. District Court for the District of Columbia, Herron sought to prove that Fannie was not a private company but an adjunct of the state while under FHFA conservatorship as part of her claim against Fannie. Herron asserted a Bivens claim, a claim under the First Amendment for private damages against federal officials for civil rights violations outside the purview of the Federal Tort Claims Act.
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Lenders Rethink Servicing-Retained Loan Sales

May 18, 2012
The sharp pullback by wholesale lenders from the correspondent market has forced many originators to reconsider keeping mortgage servicing rights when they sell loans in the secondary market. As Bank of America and other wholesalers shut down their correspondent programs, bids for mortgage servicing rights began to deteriorate, several market participants noted during the Mortgage Bankers Association Secondary Market Conference in New York last week. To many originators, MSR prices don’t reflect the value in the asset given the high credit quality of current production and expected slow...
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Flurry of Deals Scrambles Top Servicer Ranking In Early 2012, Nationstar to be Fourth Largest

May 17, 2012
While many of the largest mortgage lenders in the industry continue to scale back their operations in a somewhat precarious operating environment, a few companies see opportunity in the reshuffling and are hitting the gas pedal. None more than Nationstar Mortgage. Fresh off an initial public offering, the company has been on a buying spree for mortgage servicing and production capacity. Although Nationstar ranked as the 11th largest servicer in the market at the end of March, pending acquisitions would push it all the way to fourth place on a pro forma basis, according to a new...(Includes one data chart)
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Mortgage Delinquency Rates Decline in Nearly All Categories, Foreclosure Inventory Little Changed

May 17, 2012
Mortgage servicers reported significant improvement in loan delinquency rates during the first quarter of 2012, although the inventory of foreclosed units remained at historically high levels. The overall delinquency rate dropped 100.3 basis points to 9.88 percent as of the end of March, according to the Inside Mortgage Finance Large Servicer Delinquency Index. That was the lowest level for the series in three years, and all 18 lenders included in the index reported lower delinquency rates than they had at the end of 2011. The biggest declines were in...(Includes two data charts)
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Industry Views CFPB Pending Rule on L.O. Comp, Points, Fees Through Prism of Flawed Dodd-Frank

May 17, 2012
Mortgage lending industry representatives are apprehensive about how the underlying economics of originating a mortgage are going to be affected by a proposal expected sometime this summer from the Consumer Financial Protection Bureau. Among the issues the CFPB indicated it will be considering is a requirement that consumers get a lower interest rate when they pay discount points. The bureau is also thinking about requiring lenders to offer consumers a no-discount-point loan option, as well as banning origination charges that vary with the size of the mortgage. The CFPB is also going to look...
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ResCap Bankruptcy Signals Ally’s Retreat From Home Mortgages, Could Provide Template for Large Banks

May 17, 2012
Residential Capital’s filing for bankruptcy early this week signaled Ally Financial’s exit from the mortgage industry, and though the transfer of its servicing and origination platforms will not change the market in a meaningful way beyond industry rankings, the legal situation could offer a paradigm for other beleaguered mortgage units to follow. “It wasn’t a monstrous event,” said one industry observer. “It was an unfortunate event. Everyone knew they missed an interest payment, so it wasn’t much of a surprise.” ResCap includes both GMAC Mortgage, Ally’s mainstream mortgage banking operation, and what’s...
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Deutsche Bank Settlement Far From Last as HUD Works Down Its List of Indemnification Targets, Experts Warn

May 17, 2012
It will be long before the Department of Housing and Urban Development is done with its list of lenders targeted for indemnification, but a scarier prospect is having the U.S. Attorney’s Office doing the collection, according to compliance experts. The number of defendants seeking legal representation in FHA-related False Claims Act cases, in which the government has taken over from original whistleblowers, has grown. “If the work on our desks is any indication, HUD is way ahead in its enforcement of FHA origination rules and in seeking indemnification, which always increases during presidential....
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Fannie, Freddie Report First Quarter REO Inventory Decline; FHFA Lowers Expectations on Rental Pilot

May 17, 2012
A decline in Fannie Mae’s inventory of single-family real estate owned homes coupled with improved REO sale prices played a significant role in the company’s first free-and-clear profit since going into government conservatorship. Freddie Mac also reported improved REO disposition activity during the first quarter of 2012. Fannie said it acquired 47,700 single-family properties during the first quarter compared to 47,256 in the fourth quarter of 2011 and 53,549 in the first quarter of 2011. The government-sponsored enterprise disposed of 52,071 single-family REO during the first three months of 2012...
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Trio of Senate Bills Advancing White House Refinance Expansion Initiative Given Scant Chance of Passage

May 17, 2012
One of the newly filed Senate bills to advance the White House’s election-year refinance initiatives would pay for itself by extending the decade-long hike in loan guarantee fees for “just one more year” through 2022, according to the bill’s Democrat sponsor. Last week, Sen. Diane Feinstein, D-CA, introduced the Expanding Refinancing Opportunities Act of 2012, to allow more homeowners the chance to refinance via FHA mortgage insurance. The bill is geared toward mortgages not already guaranteed by Fannie Mae, Freddie Mac or the FHA. Feinstein’s bill would create a $6 billion FHA fund to provide...
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