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GSEs Weather S&P’s Ratings Downgrade

August 19, 2011
The consensus among mortgage market watchers is that the downgrade earlier this month of the GSEs by Standard & Poor’s will have no immediate, detrimental impact even as Fitch Ratings this week said it is keeping Fannie Mae and Freddie Mac’s “AAA” rating.Fitch this week also said its outlook for Fannie and Freddie’s ratings remained “stable.” The move was in concert with Fitch’s decision to keep its rating on U.S. debt at the highest grade.“A key element of the explicit support is the guarantee by the U.S. Treasury to inject funds into Fannie Mae and Freddie Mac, so that each firm can avoid being considered technically insolvent by their regulator,” said the rating agency.
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Suggestions Wanted to Move GSE REO Units

August 19, 2011
Fannie Mae, Freddie Mac and three federal agencies are cranking up existing efforts to dispose of the GSEs’ ample real estate owned inventory of homes into overdrive by seeking investors’ ideas for converting thousands of REO properties into rentals.Last week, the Federal Housing Finance Agency, the Treasury Department and the Department of Housing and Urban Development put out a “request for information” on how best to sell GSE and FHA-owned REO properties.
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OIG Tells FHFA to Fix GSE HAMP Dispute

August 19, 2011
A report issued late last week by the Federal Housing Finance Agency Office of Inspector General has concluded that the FHFA did nothing to subvert its role as Fannie Mae and Freddie Mac’s regulator when the agency negotiated the GSEs’ administrative responsibilities under the Treasury Department’s Home Affordable Modification Program.However, the FHFA-OIG noted there was ample room for improvement in the Finance Agency’s oversight of the GSEs’ financial agency agreement (FAA) with Treasury, which resulted in poor communication and differing expectations as to the payment and scope of the HAMP-related work that the GSEs performed.
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Rebuttable Presumption or Safe Harbor?

August 15, 2011
One of the most important issues for mortgage lenders and homebuyers alike in the whole qualified mortgage/risk-retention/ability-to-repay debate is how much legal liability lenders will have over the mortgages they originate in the Dodd-Frank era. For policymakers, one of the biggest decisions they will have to make to bring certainty to that question is which legal standard to impose, a “rebuttable presumption” or a “safe harbor.” …
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AARP Brings Suit Against Wells, Fannie Mae in HECM Dispute

August 15, 2011
AARP and two law firms recently filed a class action in the U.S. District Court for the Northern District of California in San Francisco against Wells Fargo and Fannie Mae on behalf of reverse mortgage borrowers and their survivors in an attempt to keep Home Equity Conversion Mortgage foreclosures and evictions in the state at bay. …
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Regulators Want Input on Disposition of REO Properties

August 15, 2011
The Federal Housing Finance Agency, the U.S. Treasury and the Department of Housing and Urban Development have issued a Request For Information, seeking the industry’s insight on new options for selling current and future single-family real estate owned properties held by Fannie Mae, Freddie Mac and FHA. The RFI will delve into alternatives for maximizing value to taxpayers while boosting private investment in the housing market, including ways that will support rental and affordable…
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Ocwen Close to Another Significant Acquisition

August 12, 2011
Ocwen officials said last week that they are in talks with various mortgage holders to acquire more than $250 billion in mortgages to service. “We are in the midst of several discussions that could result in one or more substantial additional transactions later this year or early next year,” said William Erbey, chairman of Ocwen.Ron Faris, president and CEO of Ocwen, added that many of the deals are large and could involve servicing platforms. Most of the potential acquisitions are related to primary servicing, not subservicing.The announcement comes as Ocwen is set to ...
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Delinquent FHA Borrowers Benefit from BofA Settlement

August 12, 2011
Bank of America is in the process of contacting 57,000 seriously delinquent FHA borrowers to determine who would qualify for special loss mitigation options under a recent settlement agreement with the Department of Housing and Urban Development. Previously undisclosed, the settlement was confirmed by HUD officials, who declined to give further details about what led up to the agreement. A BofA spokesman said a HUD inquiry into the bank’s servicing practices found that 38 percent of the 1.5 million FHA mortgage loans currently serviced by BofA were delinquent but have not been offered loss mitigation options in accordance with...
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BofA Holds Significant Amount of FHA Collateral

August 12, 2011
Bank of America is currently sitting on $1.4 billion of real estate it acquired upon foreclosure of delinquent FHA-insured loans. The properties are not included in BofA’s inventory of foreclosed properties at June 30, 2011, but remain on the bank’s balance sheet until they are conveyed to the FHA, the bank disclosed in its 2Q11 filings. BofA expects to be reimbursed once the properties are transferred to the FHA for principal and, up to a certain limit, costs incurred during the foreclosure process and interest incurred during the holding period. The bank suspended its foreclosure activities in October 2010 as it began a...
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Judge Leaves Door Open for Servicer to Refile HUD Suit

August 12, 2011
A federal district court in Dallas dismissed a civil lawsuit against the Department of Housing and Urban Development and HUD Secretary Shaun Donovan because the plaintiff, a mortgage lender and servicer, lacked standing to bring suit. U.S. District Court Judge Barbara Lynn for the Northern District of Texas, however, gave American Home Mortgage Servicing, Inc. (AHMSI) another opportunity to amend and refile its complaint. Ruling against AHMSI on standing, Lynn never got to the core of the complaint, which accused HUD of failing to pay insurance claims submitted by AHMSI on 161 defaulted FHA-insured mortgage loans, which it serviced. AHMSI claimed...
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