The government has until April 17 to prove that the 11,000 documents it is withholding are correctly labeled as “privileged.” This week, a ruling by Federal Claims Court Judge Margaret Sweeney ordered the government to review the documents and release those that are non-privileged to the plaintiff’s attorneys in Fairholme Funds Inc. et al., v. The United States. The order came on the heels of a January appeals court ruling that found the bulk of a batch of 56 documents the government refused to turn over to the plaintiff’s attorneys, after being ordered to do so last year, did not merit privilege treatment. They included various memos, emails and presentations from the Treasury, Federal Housing...

Fannie Mae and Freddie Mac could have a harder time recapitalizing if their deferred tax assets are negatively impacted by corporate tax reform, according to one GSE spectator. The Trump administration said it plans to restructure taxes before housing reform. Industry observers, like former Fannie Mae CFO Tim Howard, speculate on what impact that would have on Fannie and Freddie. Howard said that putting housing reform behind tax reform adds a “complication to the task of ultimately recapitalizing the companies, should that be what [Treasury Secretary Steven] Mnuchin chooses to do.” Mnuchin recently made public comments on network news stating that while housing reform is one of his priorities, it’s going to take more time.

Freddie Mac implemented a few underwriting changes that went into effect this week regarding a borrower’s self-employment status, retirement accounts and commission income. The GSE announced that the documentation required for self-employed borrowers will be revised based on the number of years the borrower has been self-employed and the business has been in existence. Borrowers self-employed for less than five years will face greater scrutiny under the new requirement. Borrowers who are self-employed and have had a business operation for at least five years will require one year of personal and business returns. But those who have been self-employed with business in operation for less...

Preventing GSE guarantee fees from being used as income for unrelated government spending has been an ongoing battle. In the latest attempt to block this from happening, more than a dozen mortgage and housing groups sent a joint letter in support of the Risk Management and Homeowner Stability Act. H.R. 916, introduced by Reps. Mark Sanford, R-SC, and Brad Sherman, D-CA, was created to stop g-fees from being tapped for non-housing programs. The Mortgage Bankers Association, Community Mortgage Lenders of America, the American Bankers Association and U.S. Mortgage Insurers are among the 14 groups that signed the letter. They argue that increasing g-fees for other purposes imposes an...

The number of Freddie Mac mortgages that have fallen seriously delinquent or are in foreclosure dropped below 1 percent in January, the first time in close to a decade. Last week Freddie reported that the rate is significantly below the 3.13 percent rate for the entire mortgage market. The last time it was under 1 percent was in 2008, when it was .93 percent. It peaked at 4.20 percent two years later in 2010. It has gradually come down in subsequent years with the rate falling to 3.25 percent in 2012 and 1.88 percent in 2014. The seriously delinquent rate is for mortgage loans that are three or more monthly payments past due or are in foreclosure.

Fannie Mae’s second front-end credit risk sharing transaction is much larger than its first deal as it shifts a portion of the risk on about $15 billion worth of single-family loans. The inaugural front-end CRT announced in October, involved about $3.7 billion of single-family loans. These two transactions use credit insurance risk transfer on the front end of the transaction. Most of the GSEs’ CIRT transactions have involved insurance contracts on pools of loans that have already been securitized. This deal, like the first, will be completed on a flow basis with the risk transfer taking place before Fannie acquires the covered loans. And the insurance coverage will begin immediately after acquisition.

Freddie Hosts Employee Panel on Affordable Housing. In commemoration of Black History Month, Freddie Mac’s ARISE employee resource group invited all employees to a panel discussion on the company's commitment to affordable housing, particularly in the African-American community. The GSE said that the panelists began by discussing the importance of homeownership in all communities, while recognizing that there is a gap between white and non-white homeownership rates. Panelists discussed ways that Freddie is helping close this divide via programs including Home Possible mortgages that offer low downpayment options for low- to moderate– income homebuyers, reducing one of the financial barriers that impede African-American families from homeownership. And they talked about the GSE’s commitment to financing affordable rental properties. Investors Unite Podcast Launch.

Tricon Capital Group’s recent announcement that it plans to buy single-family rental operator Silver Bay Realty Trust for $1.4 billion in cash is a potential sign that this thriving sector could be in for a round of consolidation. Once the deal is completed, the combined SFR company will have 16,800 homes in its stable of rentals – 9,000 coming from Silver Bay and 7,800 coming from Tricon American Homes, the U.S. residential division of the Toronto-based TCG. Among SFR operators, TAH/SBRT will rank...

A common theme among housing finance reform proposals is to infuse more private capital into the system while not disrupting the market. Beyond that, the plans take significantly different approaches about what to do with Fannie Mae and Freddie Mac. Jim Parrott, senior fellow at the Urban Institute and the co-author of one of those proposals, released a paper this week comparing his plan with the revised proposal from the Mortgage Bankers Association and a blueprint described by the Milken Institute. The MBA proposed...

The correspondent lending channel was the big winner last year in terms of increased production and market share – at least in the conventional-conforming and jumbo sectors, according to a new analysis by Inside Mortgage Trends. Competition among the three main production channels evened out in the government-insured market. Correspondent production of conventional-conforming mortgages increased...