The Supreme Court of the United States had a chance to resolve the issue of whether an individ-ual who has not suffered any actual damages from violations of the Real Estate Settlement Procedures Act has legal standing to sue in federal court. But instead, SCOTUS decided not to explore it. “The writ of certiorari is dismissed as improvidently granted,” the high court said in a terse an-nouncement late last week regarding First American Financial v. Edwards, a case it agreed to hear al-most to the day one year ago. The ruling means the plaintiff will in fact be able to move ahead and sue, as the...

A trio of Senate Democrats is squeezing the only private mortgage insurer not fully onboard with the Obama administration’s recent enhancements to the Home Affordable Refinance Program. Last week, Sens. Barbara Boxer, D-CA, Robert Menendez, D-NJ, and Herb Kohl, D-WI, dispatched a critical letter to United Guaranty Corp. CEO Kim Garland. The letter came attached with a set of eight questions for the MI and a less than subtle hint that the mortgage-insurance unit of Ameri-can International Group Inc. should get with the program just like everybody else. “Despite the industry consensus that removing...

The Consumer Financial Protection Bureau is proceeding with its effort to develop a rule to limit the upfront points and fees mortgage originators could collect from borrowers – an initiative it began by assembling a small business regulatory review panel to consider the bureau’s initial direction. But one panel participant isn’t confident that their views are going to make much headway with an agency that may already have its mind made up. The CFPB is considering a handful of related proposals, one of which would require an interest-rate reduction when consumers elect to pay discount points. Specifically...

Mortgage industry insiders are applauding the decision by David Stevens to stay on as president and CEO of the Mortgage Bankers Association rather than take the number two post at SunTrust Mortgage as he had previously announced. Stevens was to resign from the MBA on June 30, but the trade group this week announced that he had changed course and decided to stay. “After serious thought and consideration, I simply cannot leave the MBA at such a critical time for the industry and the association,” said Stevens. “Frankly, at the end of the day, stepping away now when so much progress is being made and...

Despite a late surge in refinance business for seriously underwater home mortgages, new business volume at Fannie Mae and Freddie Mac declined by 10.2 percent during the second quarter, according to a new Inside Mortgage Finance analysis and ranking. The two government-sponsored enterprises securitized a total of $273.95 billion of conventional single-family mortgages during the second quarter. Thanks to the huge $305.21 billion of GSE business recorded during the first three months of 2012, the market was still 39.3 percent ahead of the pace set during the first half of last year. Refinance activity...

The Federal Housing Finance Agency last week finalized a rule which establishes prudential standards relating to the management and operations of Fannie Mae, Freddie Mac and the Federal Home Loan Banks. The Housing and Economic Recovery Act of 2008 requires the FHFA director to establish standards that address 10 separate areas relating to the management and operation of the GSEs and FHLBanks and authorizes the director to establish the standards by regulation or by guideline.

Fannie Mae’s and Freddie Mac’s home retention activity declined for the most part during the first quarter of 2012, according to a new analysis of Federal Housing Finance Agency data by Inside The GSEs. Total loss mitigation activity – total home retention efforts and foreclosure alternatives combined – declined 5.0 percent during the first quarter of the year to 214,812 and was down 14.3 percent from year-ago levels. Our analysis was based on the FHFA’s First Quarter 2012 Foreclosure Prevention Report. Total home retention efforts came to 111,739 at the end of the first quarter, a decrease of 7.4 percent from the fourth quarter 2011 and down 22.4 percent from the same period a year before.

Fannie Mae and Freddie Mac would be excluded from purchasing loans subject to Property Assessed Clean Energy liens under a rule formally issued by the Federal Housing Finance Agency regulator two weeks ago. The FHFA’s notice of proposed rulemaking, was published in the June 15 Federal Register for public comment in compliance with a federal court order. The proposed rule directs Fannie and Freddie “not to purchase any mortgage where PACE financing with a priority lien was placed on the underlying property. Such financing moves ahead of the pre-existing first mortgage in lien priority, and thereby subordinates Fannie Mae and Freddie Mac security interests in the property.”

The Federal Housing Finance Agency would employ a new, more comprehensive examination rating system which would be used to inspect Fannie Mae, Freddie Mac and the Federal Home Loan Banks and the Banks’ Office of Finance under a proposed rule issued last week. The proposed new system, published in the June 19 Federal Register, seeks to implement a single risk-focused examination system for all three entities that would be similar to the “CAMELS” rating system used by federal prudential regulators for depository institutions.

Military homeowners holding Fannie Mae or Freddie Mac loans with Permanent Change of Station Orders will be eligible to sell their homes in short sale even if they are current on their mortgage under a new policy announced by the GSEs’ regulator late last week. The Federal Housing Finance Agency’s short-sale policy change is intended to make it easier for military homeowners with GSE loans to honor their financial commitments when they are required to move…