Freddie Mac this week issued $1.04 billion of MBS backed by modified loans, making a small dent in the government-sponsored enterprise’s portfolio of distressed mortgages. The securities were issued under a new MBS prefix reserved just for modified loans, and Freddie officials indicated that the securities would be held in portfolio rather than sold in the market. All of the modified loans are fixed-rate mortgages, although $138.2 million of the loans were originally adjustable-rate mortgages. Most of the loan mods have 30-year terms. The loans in the first batch of mod MBS were originated...
Sens. Mark Warner, D-VA, and Bob Corker, R-TN, are working on legislation that would create a new federal mortgage guarantor, replacing Fannie Mae and Freddie Mac, according to trade and legislative officials familiar with the matter. However, as Inside The GSEs went to press this week, little was known in terms of specifics. “This would be a federal insurance entity, involving insurance wraps” said one trade group official. “It would involve a tiered risk-sharing system.”
The watchdog agency charged with overseeing the regulator of Fannie Mae, Freddie Mac and the Federal Home Loan Banks said it plans to remain “active on the law enforcement front.” In its semi-annual report to Congress issued this week, the Federal Housing Finance Agency’s Office of Inspector General gave a tally of its accomplishments for the six-month period ending March 31, noting that it issued 13 audit, evaluation survey and white paper reports, and participated in several criminal and civil investigations.
Speculators have been driving up the price of Fannie Mae and Freddie Mac junior preferred stock, hoping that given the GSE’s rapidly improving fortunes they could make a killing down the road. One hedge fund official told Inside The GSEs that Fannie junior preferred shares that had an original face value of $50 are trading in the secondary market for $8 to $9 a unit. Stock originally priced at $25 can be had for $5 and change. Fannie common stock is now trading at $2.20 per share compared to a 52-week low of just 9 cents. Fannie and Freddie recently reported record quarterly profits of $63 billion, a large chunk of it tied to the recapture of deferred tax assets. But on a pure operating basis – minus the DTA – their combined earnings are in the range of $12 billion, which is almost $50 billion annualized.
The director of the Federal Housing Finance Agency would be able to review and revise the take-home pay of Fannie Mae, Freddie Mac and Federal Home Loan Bank executives should the director determine that a senior official’s compensation is “not reasonable or comparable” with the earnings of counterparts in similar businesses, under newly revised agency rule. An interim final rule, published by the FHFA in the May 14 Federal Register authorizes and clarifies the FHFA director’s authority to review and withhold executive compensation at Fannie, Freddie and the 12 FHLBanks in particular. “In view of FHFA’s statutory obligation to prohibit compensation to any executive officer that is not reasonable and comparable, prior review and non-objection rather than review after-the-fact can help set expectations and avoid the need for later remedial action,” explained the Finance Agency.
A New York federal judge has allowed the Justice Department to proceed with its civil fraud lawsuit against Bank of America in connection with the packaging and sale of mortgage-backed securities to Fannie Mae and Freddie Mac, but not before dismissing a significant portion of the government’s claim. U.S. District Judge Jed Rakoff dismissed claims for damages and penalties under the False Claims Act in an expedited ruling two weeks ago. In October 2012, the government filed suit against BofA, as successor to Countrywide, alleging BofA inherited and continued to operate Countrywide’s loan program known as the “Hustle.”
With minimal disruption to the mortgage finance system, Fannie Mae and Freddie Mac could be transformed into gsecuritization cooperativesh that would serve as gthe best possible structureh to deliver private capital and promote stability to the mortgage market, an expert told lawmakers last week. Testifying before the Senate Banking, Housing and Urban Affairsf Subcommittee on Securities, Insurance and Investment, Andrew Davidson, president of Andrew Davidson & Co., noted that Freddie began as an originator-owned cooperative whose goal was to grant its members access to the securitization market. Davidson suggested that senators look to the past as they grapple with a future role for the GSEs.
Fannie Mae and Freddie Mac this week directed servicers to inform homeowners reeling from the damage inflicted by the tornados that swept through Oklahoma and other states that they may be eligible for a temporary reprieve on their mortgage payments. The GSEs’ disaster relief policies are targeted to borrowers with homes in jurisdictions President Obama has declared to be Major Disaster Areas where federal Individual Assistance programs are being made available to affected individuals and households.
A federal appeals court has ruled in favor of Fannie Mae and Freddie Mac, overturning a lower court ruling that the counties and state of Michigan were entitled to collect local real estate transfer taxes from the two government-sponsored enterprises. This week’s unanimous ruling by a three-judge panel from the U.S. Court of Appeals for the Sixth Circuit said the lower court is not in a position to second-guess Congress by creating exemptions to tax statutes. “The statutes at issue here plainly state that the defendants are exempt from ‘all taxation,’” the court ruled. In June 2011, Oakland and Genesee counties each filed suit claiming Fannie and Freddie recorded deeds and other conveyances without paying the Michigan Transfer Tax.
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