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Federal Judge Shuts Down GSE Shareholder Lawsuit, Upholds Government Authority to Sweep GSE Profits

October 2, 2014
In a surprise ruling this week, a federal judge in Washington, DC, dismissed claims by Fannie Mae and Freddie Mac shareholders challenging the Treasury Department’s 2012 “net-worth sweep” of nearly all the profits generated by the government-sponsored enterprises. Judge Royce Lamberth of the U.S. District Court for the District of Columbia ruled that Treasury and the Federal Housing Finance Agency are empowered by the Housing and Economic Recovery Act of 2008 to execute the “third amendment” of the preferred stock purchase agreement. The dismissal includes...
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FHFA Disagrees With IG Call for Third-Party Reviews of Lender Compliance With Guidelines

October 2, 2014
The Federal Housing Finance Agency is not on board with its Inspector General’s recommendation that the agency direct Fannie Mae and Freddie Mac to assess the cost and benefit of requiring lenders to get independent, third-party confirmation of their compliance with government-sponsored enterprise origination and servicing guidance. The IG audit noted that the Securities and Exchange Commission and the Department of Housing and Urban Development, as well as private MBS investors in the secondary mortgage market, already require annual, independent assurance of counterparty compliance. “The annual assertions and audits have helped...
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FHA Experts Doubt Whether Assessment of Underwriting Defects Can Be Simplified, Clear Guidance Remains to Be Seen

October 2, 2014
Achieving simplicity would be nearly impossible and getting clarity is something that remains to be seen in the FHA’s proposed draft for identifying underwriting defects, said compliance experts. The FHA has asked for industry feedback on a draft single-family loan quality assessment methodology, which is part of the agency’s Blueprint for Access strategy announced earlier this year to expand underserved borrowers’ access to mortgage credit. The proposed methodology is based...
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Mortgage-Lending Community Banks See Opportunity in Regulatory Minefield

October 2, 2014
The vast majority of community banks plan to continue to offer mortgages even though increased regulation is limiting business, according to a survey conducted by the Conference of State Bank Supervisors. Rules from the Consumer Financial Protection Bureau remain a primary concern, although many community banks already offer loans outside of the standards for qualified mortgages. “Banks continue to see opportunity in residential mortgage lending but have a mixed view of non-QM lending,” according to the report jointly compiled with the Federal Reserve. “Assessing the ability to repay and QM standards against current exposures, bankers generally identified a low level of nonconformance, suggesting the rules may generally be in line with bank practices while still requiring significant changes in operations.” Some 64 percent of the 884 community banks surveyed said...
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Short Takes: No ‘Dead Cat’ Bounce for Fannie, Freddie Stocks / General Custer and the GSEs / One Borrower, Multiple (Investor) Loans with FHA / FHFA Wins Another Court Case Too

October 2, 2014
Paul Muolo and Charles Wisniowski
So, is now a good time to buy into Fannie Mae and Freddie Mac? It's a game not for the faint of heart.
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Stock Prices of Fannie/Freddie Crushed in Wake of Judge’s Ruling

October 1, 2014
Charles Wisniowski
However, a separate lawsuit filed by Pershing Square Capital Management in the U.S. Court of Federal Claims is unaffected by Judge Lamberth’s ruling.
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Short Takes: Top FHFA Regulator Bolts Agency for Private Sector / Why Did Walter’s Stock Get Hammered? / Community Banks Apparently Love Non-QMs / Homewood Introduces Stated-Income Product / Another Bite at the Refi Apple?

October 1, 2014
Brandon Ivey and Paul Muolo
Investors have been scratching their heads over the downdraft at Walter/Green Tree...
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The Flagstar Settlement: the CFPB Effectively Halts Servicing Sales

September 30, 2014
Paul Muolo
To some, the MSR transfer prohibition slapped on Flagstar is similar to the one New York regulators placed on Ocwen Financial regarding the Wells Fargo deal.
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Short Takes: MBA Involved With Nonbank ‘Working Group’ Too / An NPL ‘Brain Drain’ at Lone Star Funds / A $57 Million Problem for the FHLBs of Des Moines and Seattle / FHFA to IG: We Don’t Think So

September 30, 2014
Paul Muolo and Charles Wisniowski
One active NPL bidder has been Lone Star Funds, but sources tell IMFnews the hedge fund has been having a “brain drain” of sorts when it comes to talent.
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Ginnie Mae Tops Among Agencies in Financing Minorities

September 29, 2014
John Bancroft
Fannie, Freddie and Ginnie All saw most of their business come from borrowers earning less than $150,000 per year.
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