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RBS Agrees to Pay FHFA $99.5M To Settle Non-Agency MBS Lawsuit

June 27, 2014
The Federal Housing Finance Agency late last week announced it reached a nearly $100 million settlement with RBS Securities to settle allegations tied to non-agency MBS bought by Freddie Mac from 2005 to 2007, but the deal represents just a fraction of the firm’s remaining exposure. The $99.5 million settlement only resolves claims against RBS in FHFA v. Ally Financial Inc. in the Southern District of New York. Ally Financial is the successor company to GMAC-RFC, a now defunct non-agency MBS issuer.
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Forecast: GSE Risk-Sharing Deals To Exceed FHFA’s 2014 Goal

June 27, 2014
Fannie Mae and Freddie Mac are expected to continue issuing more risk-transfer deals even though both GSEs have effectively reached their 2014 targets. But some of the potential upside for investors has dissipated, according to separate analyses by Fitch Ratings and Wells Fargo Securities. Tight pricing on mortgage risk transfer securities issued by Fannie and Freddie indicates a “growing appetite for this relatively new and unique form of mortgage risk,” noted Fitch.
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Federal, State Regulators Focus On Servicing, Including GSE MSRs

June 27, 2014
A recently issued advisory by Fannie Mae’s and Freddie Mac’s conservator noting that the two GSEs should only approve mortgage servicing sales where the transactions “are consistent” sound business practices comes as part of a renewed federal and state focus on servicing, officials note. Although Fannie and Freddie have, for years, had minimum capital requirements for mortgage companies that want to become seller/servicers, the Federal Housing Finance Agency and state regulators are now exploring codifying a capital minimum for nonbanks, according to industry officials and state regulators.
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GSE Investor Group Wants FHFA to Hike Fannie, Freddie Guaranty Fees

June 27, 2014
Any action that the Federal Housing Finance Agency takes in setting GSE guaranty fees should take into account the agency’s conservatorship duty to direct economic stakeholders, including shareholders, noted a coalition of Fannie Mae and Freddie Mac investors. In a letter to FHFA Director Mel Watt Wednesday, Investors Unite Executive Director Tim Pagliara urged the agency head to take into account “the critical purpose of setting appropriate guaranty fees,” noting that the Finance Agency does not have a mandate as conservator to run Fannie and Freddie as not-for-profit entities.
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Enterprise Endnotes

June 27, 2014
DC Circuit Latest Court to Reject GSE Tax Collection Effort by Municipalities. A three-judge panel of the DC Circuit Court recently upheld a lower court ruling against Kay County in Oklahoma, which has been trying to collect real estate transfer taxes from Fannie Mae and Freddie Mac. In rejecting Kay County’s bid to get the GSEs to pay a 1 percent “documentary stamp tax,” the DC court’s finding became the latest in a growing number of…
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Fannie, Freddie MBS Activity Decreases Again in May

June 27, 2014
Fannie Mae and Freddie Mac in May resumed a more than year-long streak of declines with monthly decreases in the volume of single-family mortgages securitized by the two GSEs, according to a new Inside The GSEs analysis. Fannie and Freddie issued $44.8 billion in single-family mortgage-backed securities in May, a 1.3 percent decrease from the previous month. April’s $45.4 billion issuance proved to be just a brief reversal to the longer trend.
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Mortgage Servicing Market Shrank Again in Early 2014; Nonbanks Continue Building Market Share

June 26, 2014
The supply of mortgage debt outstanding declined again during the first quarter of 2014, slipping to its lowest level in eight years, according to new Federal Reserve data. There was a total of $9.851 trillion of home mortgages outstanding as of the end of March, down 0.4 percent from the previous quarter. The mortgage servicing market has been in almost constant decline since midway through 2008, with a modest bump higher in the third quarter of last year after a relatively strong rally in housing activity. Even the agency mortgage servicing market lost...[Includes two data charts]
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FHFA Spearheading Effort on Capital Standards for Nonbank Servicers, States Looking at the Issue as Well

June 26, 2014
Although Fannie Mae and Freddie Mac have, for years, had minimum capital requirements for mortgage companies that want to become seller/servicers, the Federal Housing Finance Agency and state regulators are now exploring codifying a capital minimum for nonbanks, according to industry officials and state regulators. During a webinar this week sponsored by Inside Mortgage Finance, participants highlighted the “hot topic” nature of capital requirements for nonbanks. John Prendergast, vice president of non-depository supervision for the Conference of State Bank Supervisors, indicated that capital requirements for nonbanks are more of a matter of when, not if. However, participants who have been tracking the matter caution...
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IG Audit: Fannie, Freddie Overcharged at Least $158M For ‘Force Placed’ Insurance, FHFA Should Sue to Recover

June 26, 2014
The Federal Housing Finance Agency will “assess the merits of litigation” against Fannie Mae’s and Freddie Mac’s servicers and lender-placed insurance providers to recover premium overpayments by the government-sponsored enterprises following a pointed suggestion to do so by the agency’s official watchdog. A new audit released by the FHFA’s Inspector General found that Fannie and Freddie could have overpaid about $158 million in 2012 alone for lender-placed or “force-placed” insurance policies. The IG said it calculated its $158 million figure as the difference between the amount the GSEs actually paid in premiums – $360 million – and a “reasonable” price for such coverage – $202 million. “Our retrospective analysis suggests...
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Purchase-Mortgage Closing Process Improves With Shorter Timelines, More Accurate Disclosures

June 26, 2014
As the spring homebuying season has progressed, lenders have improved closing times for purchase mortgages, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. Industry participants also report improvements to good faith estimates with fewer closing cost surprises for borrowers. Closing times declined on a number of different mortgage types, based on three-month moving averages. Fannie Mae and Freddie Mac mortgages with a downpayment of at least 20 percent took...
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