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Mnuchin Sets the Tone for Bipartisan GSE Reform

January 27, 2017
Treasury Secretary nominee Steven Mnuchin’s recent comments that he’s not a fan of recapitalizing and releasing Fannie Mae and Freddie Mac and wants to find a “bipartisan solution” to GSE reform has caused speculation about what reform will look like under the Trump administration.The comments, made during his Senate confirmation hearing last week, presented a softer take on housing reform than his earlier comments suggested. Shortly after being ...
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Fannie Mae Tests SFR Market With Invitation Homes Deal

January 27, 2017
Fannie Mae is testing the market for single-family rental homes by backing a large institutional investor for the first time. In an agreement to fund up to $1 billion of collateral owned by Invitation Homes, Fannie, along with Wells Fargo Bank, issued a commitment letter to the Dallas-based company. Invitation, a subsidiary of Blackstone, is the largest single-family rental operation, with a portfolio of close to 50,000 homes that it acquired from foreclosure auctions to fix up and rent.The commitment states that the GSE will be involved in a “securitization transaction” with the SFR operator “to fund a new 10-year fixed rate mortgage loan in a...
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FHFA Takes Over as Plaintiff in GSE Shareholder Lawsuit

January 27, 2017
A federal court ruled that GSE shareholders can no longer sue Fannie Mae’s accounting firm, Deloitte & Touche, and that the Federal Housing Finance Agency will take over as plaintiff in the Edwards et al v. Deloitte & Touche case. The ruling, handed down last week in the U.S. District Court of Florida, distanced shareholders from the case, and said any claims against Deloitte are the sole responsibility of ...
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Freddie Says Prepare for UCD Deadline, Suggests Timeline

January 27, 2017
Freddie Mac recommends that lenders begin preparing now for the Uniform Closing Dataset mandate that takes effect on Sept. 25, 2017. The Federal Housing Finance Agency directed Fannie Mae and Freddie to provide a common industry dataset to support the Consumer Financial Protection Bureau’s closing disclosure. As a result, the pair developed the UCD to make sure the disclosures were accurate and to facilitate sharing of the data. Andy Higginbotham, Freddie’s senior vice president of ...
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SCOTUS Ruling Limits Fannie's Access to Federal Court

January 27, 2017
The Supreme Court of the United States ruled last week that Fannie Mae does not have the right to automatically transfer a case from state court to federal court under the “sue-and-be-sued” clause. In the ruling from the Lightfoot v. Cendant Mortgage Corp. case, the court rejected an argument stating that the GSE’s federal charter creates federal jurisdiction. The case was argued in November. The ruling by Justice Sonia Sotomayor reversed an earlier Ninth Circuit Court decision which stated that Fannie’s sue-and-be-sued clause in the charter enabled it to transfer state-filed lawsuits against it to federal court. But that’s not the case anymore. “Fannie Mae’s sue-and-be-sued clause is most naturally read not to grant...
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GSE Lawsuit Plaintiffs Hopeful New Administratin is on Their Side

January 27, 2017
With the Trump administration now officially in office, GSE shareholders are optimistic about their cases against Fannie Mae and Freddie Mac being resolved. Investors Unite hosted a call last week during which legal experts weighed in on the outlook for GSE shareholder cases. Plaintiffs have been arguing that a government bailout of the GSEs and the subsequent Treasury sweep were unnecessary and illegal. John Yoo, Heller Professor of Law at the University of California Berkley School of Law, said he thinks the election makes a big difference because it gives an incoming president the opportunity to review the constitutional claims of the last president and decide whether to change them.
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Upcoming Investor Reporting Changes Eliminate MBS Call-In

January 27, 2017
Marking one of the first major GSE changes of the new year, Fannie Mae’s new investor reporting requirement goes into effect next week on Feb. 1. Fannie said that servicers must use the updated transaction types and formats when reporting loan activity for the February 2017 reporting period. To minimize challenges during the transition, Fannie announced a temporary moratorium on post-delivery servicing transfers with effective dates from Feb.1, 2017, through March 31, 2017. …
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CMBS Issuance Fell in 2016, but Fannie and Freddie Were Rock Stars

January 27, 2017
John Bancroft
Fun fact: Fannie, Freddie and Ginnie accounted for 95.6 percent of multifamily mortgages securitized in 2016…
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Income-Property Securitization Slowed in 2016 Despite Fourth-Quarter Surge in Production

January 27, 2017
Securitization of commercial mortgages was down slightly in 2016 as a result of a sharp drop in the non-agency commercial MBS market, according to a new Inside MBS & ABS analysis. Meanwhile, the agency multifamily MBS platforms cranked out record new issuance last year. In total, some $209.03 billion of commercial-property MBS were issued last year, a 3.1 percent drop from 2015. It still ranked as the second most-productive year in commercial MBS issuance since 2007, the year before the financial market meltdown. But non-agency CMBS issuance fell...[Includes one data table]
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GSE Roundup

January 27, 2017
Fannie Prices $1.351B CAS Deal. Fannie Mae priced its first credit risk-sharing transaction of 2017 last week, under its Connecticut Avenue Securities program. CAS Series 2017-C01, a $1.351 billion note offering, was scheduled to settle on Jan. 26, 2017.  Laurel Davis, vice president of credit risk transfer, said “We saw an overwhelmingly positive response to our first deal of the year from a broad range of investors.” …
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