Both Fannie Mae and Freddie Mac emerged from the second quarter of 2012 firmly in the black with each company posting a free-and-clear profit – only the second time for each GSE since being drafted into government conservatorship nearly four years ago. The period ending June 30, 2012, marks the second consecutive quarter that Fannie will not require taxpayer assistance to keep the company going. Freddie will also not require an additional draw from the U.S. Treasury, the first time since the first quarter of 2011 which was the first time ever either GSE posted a profit since before conservatorship.

The Federal Housing Finance Agency captured the industry’s attention this week by formally citing “significant concerns” about proposals to use local government eminent domain powers, a paradigm shift the agency sees as potentially costly to Fannie Mae, Freddie Mac and the Federal Home Loan Banks. In a request for public comment, published in the Aug. 8 Federal Register, the Finance Agency warned that “action might be necessary” on its part “to avoid a risk to safe and sound operations” at the GSEs and to avoid taxpayer expense.

Fannie Mae will soon require all of its servicers – and any subservicer or third-party originator the servicer uses – to be in full compliance with the requirements of the Housing and Economic Recovery Act of 2008, the GSE announced this week. “On or before Nov. 1, 2012, the servicer is required to complete a Fannie Mae supplier registration profile that accurately reflects its ownership status, regardless of whether it is ‘HERA-Inclusive,’ and its team composition report,” explained Fannie.

Freddie Mac’s government conservator is stepping up to shut down a potentially costly lawsuit filed against the GSE by the Mortgage Guaranty Insurance Corp. both by legal and by extra-legal means. Last month, the Federal Housing Finance Agency told a Wisconsin federal court that it lacks jurisdiction over the pool insurance suit the mortgage insurer filed against Freddie. Given that the suit would impede FHFA in its capacity as the GSE’s conservator, the court should dismiss MGIC’s suit, according to court papers filed by the Finance Agency on July 20.

Freddie Mac last week said it will tweak its eligibility requirements to be more in line with Fannie Mae and expand the pool of its borrowers eligible to refinance through the recently revised Home Affordable Refinance Program. Under Freddie’s Relief Refinance Mortgage Program – which includes HARP – the requirements for refinancing will be aligned for mortgages with loan-to-value ratios that are equal to or less than 80 percent. Fannie’s HARP refi program currently makes no distinction between loans that are above or below 80 LTV, while Freddie draws a line in a number of areas for borrowers going through HARP at their existing servicer.

Fannie Mae and Freddie Mac each sold significantly more units of real estate-owned properties than the two GSEs took during the second quarter of 2012, a factor at least one of the companies says helped push it into the black during the April to June earnings period. Fannie reported its total inventory of REOs as of June 30, 2012, was 109,266 compared to 114,157 on March 31, selling nearly 5,000 more foreclosed homes than the GSE acquired. "Sales prices on disposition of our REO properties improved in the second quarter of 2012 as a result of strong demand,” explained Fannie in its second-quarter earnings report. “We received new proceeds from our REO sales equal to 59 percent of the loans’ unpaid principal balance in the second quarter of 2012, compared with 56 percent in the first quarter of 2012 and 54 percent in the second quarter of 2011.”

The mortgage credit-enhancement business has been no place to be the past few years, but many observers think the market has touched bottom and is starting to come back. After hemorrhaging losses since 2008, the two biggest mortgage credit-enhancement providers – Fannie Mae and Freddie Mac – reported positive net income on their single-family guaranty businesses during the second quarter. The private mortgage insurance industry hasn’t gotten there yet. Fannie and Freddie reported...[Includes two data charts]

Fannie Mae and Freddie Mac this week both celebrated large second-quarter profits that easily exceeded their installment payments to the U.S. Treasury as the price of government conservatorship, but buried in their earnings report was the hard truth lenders know too well: contentious buyback demands showed no sign of letting up. “Our expectation [is] that the amount of our outstanding repurchase requests to seller/servicers will remain high and that we may be unable to recover on all outstanding loan repurchase obligations resulting from seller/servicers’ breaches of contractual obligations,” Fannie said. As of the end of June, the two government-sponsored enterprises had...[Includes one data chart]

Hardball conditions imposed by Freddie Mac in order to permit lenders to continue selling loans insured by Mortgage Guaranty Insurance Corp., over the objections of state regulators, has cast a cloud over MGIC’s already uncertain prospects. Fannie Mae has approved a new MGIC insurance entity that also has the backing of the insurance company’s home state regulator, the Office of the Commissioner of Wisconsin. But MGIC warned investors last week that Freddie’s Aug. 1 approval of the new unit is conditional and could be withdrawn at any time and ends Dec. 31, 2012. Freddie says it can and will pull...