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Both GSEs Leaderless After Fannie CEO Quits

January 13, 2012
In a major shake-up of the executive suite, Fannie Mae chief executive Michael Williams announced his resignation this week, effective as soon as the company’s board chooses a successor.Williams’ resignation follows last October’s announcement by Freddie Mac CEO Charles Haldeman that he would step down from the company sometime in 2012.Williams spent 21 years at Fannie in a variety of capacities, most notably as the executive responsible for overseeing the company’s financial restatements, and accounting and control reforms pre-conservatorship and as chief operating officer. In April 2009, he was named CEO.
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Prepayments Slow Down as Refis Decline in December, New HARP Will Boost Paydowns in 2012, Analysts Say

January 13, 2012
Despite lower mortgage rates, MBS prepayment speeds slowed across the board in December, particularly for the recent low coupons, while speeds for higher coupons were up slightly, according to securitization analysts. Researchers varied slightly in their estimates, saying speeds for 30-year Fannie Mae securities slowed 2-6 conditional prepayment rate for the recent low coupons (3.5-4.5 percent from 2011 and 2010). Barclays Capital analysts attributed the slowdown to reduced refinancing activity during the December holiday season. The weighted average CPR for all Fannie Mae MBS declined to...
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Federal Reserve Policy Paper Cites ‘Substantial’ Costs To Principal Reduction While Benefits ‘Hard to Quantify’

January 13, 2012
Reducing monthly payments to a sustainable level for distressed borrowers who are significantly underwater on their mortgages may require principal reductions, in addition to interest rate concessions and loan term extensions, but pursuing such a policy is not without significant drawbacks, according to a Federal Reserve analysis. In a white paper sent to the banking committees on Capitol Hill last week, the Fed dove into the controversial issue of whether Fannie Mae and Freddie Mac should be taking more aggressive steps like principal reduction to help distressed borrowers and shore up...
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Appeals Court Reverses Lower Court Ruling That Dismissed a Mortgage Foreclosure Case

January 12, 2012
The N.Y. Supreme Court Appellate Division overturned a ruling that dismissed a foreclosure case because attorneys representing the lender failed to meet a deadline for filing a conflict-of-interest document. Judge Arthur Schack dismissed the case brought by U.S. Bank because its attorneys, the now infamous Steven J. Baum law firm, submitted a conflict-of-interest filing 123 days after it was due. The case involved Kelvy Guichardo, a defendant who defaulted on his mortgage. Schack was concerned that there might be a conflict of interest for Steven J. Baum and ordered the law firm to submit an...
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Lenders Find Their Own Origination Strategies in Shifting Mortgage Market

January 12, 2012
Refinance activity has represented more than half of home loan originations every year since 2006, and housing sales have been in a slump for the past five years. But individual mortgage lenders continue to carve out their own production strategies, including in some cases a devotion to the smaller purchase-mortgage sector. A new Inside Mortgage Finance analysis of loans originated under the four major agency mortgage programs through the first nine months of 2011 shows that many of the top overall producers beefed up their market share by aggressively originating...(Includes one data chart)
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Home-Equity Market Continued Shrinking In 2011; Big Banks Dominate the Market

January 12, 2012
The home-equity loan market declined further during the third quarter of 2011 as depository institutions reined in new production and their existing portfolios – in most cases – continued to wither. According to the Federal Reserve, the outstanding supply of home-equity loans – both closed-end second mortgages and lines of credit – fell to $887.5 billion as of the end of the third quarter. That was down 1.9 percent from the midway point in 2011 and off 21.5 percent from the HEL market’s all-time high of $1.131 trillion reached back in 2007. Most home-equity loans are held in portfolio by..(Includes two data charts)
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Lenders Say Disparate Impact Doesn’t Fit Under Fair Housing Act; U.S. Says it Does, Give HUD Its Due

January 12, 2012
Mortgage industry groups are urging the U.S. Supreme Court to pay close attention to the wording of the Fair Housing Act – specifically phrasing that’s not in the 1968 law – in deciding whether fair lending charges can be brought on the basis of disparate impact. In an amicus brief filed in the case of Magner v. Gallagher, mortgage trade groups said the Fair Housing Act “requires proof of intentional discrimination and does not envision a violation based on disparate impact.” The brief was filed by K&L Gates on behalf of the Independent Community Bankers of America, the Consumer Mortgage...
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Fed Official Presses for Tougher Servicing Enforcement, AG Settlement May Expand

January 12, 2012
Fed Governor Sarah Bloom Raskin late last week stumped for creating an effective enforcement system to deal with shortcomings in the mortgage servicing industry that have come to light since the foreclosure crisis, as state officials pressed to expand a potential settlement over past abuses. “The law is not a scarecrow where the birds of prey can seek refuge and perch to plan their next attack,” Raskin said in a speech to a group of attorneys. The Fed governor said it’s important for servicers to have transparent, enforceable and sensible rules, adding that deferring to “standard industry...
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Fed’s Mortgage Policy Rampage Raises Eyebrows, Underscores Persistence of Housing Recession

January 12, 2012
It started last week with an unsolicited white paper outlining “a framework for thinking about certain issues and tradeoffs that policymakers might consider” and blossomed into a coordinated assault by the Federal Reserve on the housing slump that won’t go away. Having purchased over $1 trillion in mortgage securities in an effort to drive mortgage interest rates to all-time lows, the Fed appears to be using its speechmaking and paper-writing powers to try to get the rest of Washington moving on housing. In addition to the policy paper, Fed officials in the past week have made three speeches on...
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Legal Challenge to Cordray Appointment Widely Expected, But a Successful Result Could Be Too Late

January 12, 2012
A growing consensus is emerging among legal experts that someone will challenge in court President Obama’s contentious recess appointment of Richard Cordray as the first director of the Consumer Financial Protection Bureau. But a final outcome could take years and have no impact on the agency’s actions while the case is unfolding. “These appointments establish a dangerous precedent that threatens the confirmation process and undermines the system of checks and balances embedded in the Constitution,” a number of House Republicans said in a letter they fired off to the president after he made his...
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