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San Francisco Controller Likely Puts Kibosh on Use of Eminent Domain in City for Time Being

February 13, 2015
A push to seize a few thousand underwater mortgages in the San Francisco area by eminent domain has likely run into a dead end for now, after a report from the City and County of San Francisco Controller’s Office discouraged local officials from pursuing the idea any further. “Precluding any participation from Fannie Mae or Freddie Mac, the use of eminent domain would seem to be an inviable option,” the document concluded. On Oct. 28, 2014, the Board of Supervisors issued...
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GSE MBS Issuance Down in January as Refi Sputtered

February 13, 2015
Fannie Mae and Freddie Mac issued $57.72 billion of single-family mortgage-backed securities in January, a 7.8 percent decline from the previous month, according to a new Inside The GSEs ranking and analysis.Freddie actually increased its monthly volume by 7.3 percent from December levels, but Fannie production fell 15.6 percent. It’s not unusual for GSE monthly trends to fluctuate; Fannie’s MBS issuance was up sharply in December. Freddie’s production was buoyed slightly by some $199.3 million of modified mortgages that were securitized last month. And it’s not surprising that the flow of purchase mortgages into GSE securities fell 14.4 percent in January, as the housing market hit a seasonal cooling.However, refinance activity was also [includes exclusive charts] ...
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Watt Signals the End May Be Near on Principal Reductions

February 13, 2015
The Federal Housing Finance Agency continues to analyze the issue of principal reductions for Fannie Mae and Freddie Mac loans, but Director Mel Watt made it clear recently that unless it’s a “win-win” for both the borrower and the GSEs, the issue is a non-starter with him. Moreover, in a press briefing, he made it clear that at some point the FHFA may take the issue off the table entirely. “We’re doing a lot of work on this,” Watt said, suggesting that if a program ever sees the light of day, principal reductions would be done “in a responsible way.” The FHFA has come under political pressure from left-leaning members of the Democratic Party, including Sen. Elizabeth Warren of Massachusetts ...
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FHFA Actions Lay Foundation For Legislative GSE Reform

February 13, 2015
Federal Housing Finance Agency Director Mel Watt has repeatedly said that GSE reform should be left to Congress. However, industry analysts suggest that the FHFA’s actions under Watt are helping to build a foundation for legislation. Michael Stegman, counselor to the Treasury Department for housing finance policy, said the FHFA’s actions are helping to create bipartisan consensus for provisions to be included in GSE reform. He pointed to the common securitization platform, risk-sharing transactions and capital standards for private mortgage insurers. Stegman said the FHFA’s actions are just a starter, particularly because Watt’s actions could be reversed by the next director of the FHFA. The Treasury official was among the speakers who addressed the current state of the GSEs at ...
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U.S. Judge Rebuffs Shareholder Attempt to Claim GSE Profits

February 13, 2015
A U.S. district court judge in Iowa recently dismissed a shareholder motion to vacate an amended agency agreement requiring Fannie Mae and Freddie Mac to pay nearly all their quarterly profits to the Treasury equal to their net worth. Filed by Continental Western Insurance Company, the lawsuit is similar to another case, Perry Capital, Inc. v. Lew, filed by the plaintiff’s parent, Berkley Regional Insurance Co., and Berkley Insurance Co. against the Federal Housing Finance Agency…
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New Seller/Servicer Rules May Give an Edge to Large Nonbanks

February 13, 2015
Recently proposed new minimum financial eligibility requirements for Fannie Mae and Freddie Mac seller/servicers – including net worth, capital ratio and liquidity criteria – appear to be less restrictive than expected but may give an edge to large nonbanks over smaller players and new entrants, analysts say.Announced Jan. 30 by the Federal Housing Finance Agency, the eligibility requirements consist of three primary components. In terms of minimum net worth, the proposed requirement for all seller/servicers is a base of $2.5 million plus 25 basis points of unpaid principal balance for total loans serviced. As far as minimum capital ratio is concerned, the proposed requirement for all non-depository seller/servicers is to have tangible net worth/total assets greater than 6 percent. “Depository institutions ...
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Study: GSE Conservatorships Don’t Comply With HERA

February 13, 2015
The Federal Housing Finance Agency is not fulfilling its statutory responsibility to preserve Fannie Mae and Freddie Mac in conservatorship, according to a legal analysis by former government officials. The GSE conservatorships, particularly under the current arrangement that siphons off nearly all of their earnings, violates the terms of the Housing and Economic Recovery Act of 2008, said Michael Krimminger and Mark Calabria. Krimminger was formerly an expert on bank receiverships at the Federal Deposit Insurance Corp., and Calabria was a Republican staffer at the Senate Banking, Housing and Urban Affairs Committee when HERA was being drafted and enacted. Their paper argues that crippling Fannie and Freddie by preventing them from rebuilding capital is exactly the opposite of the way...
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9th Circuit Court Upholds GSE Exemption from Local Taxes

February 13, 2015
The U.S. Court of Appeals for the Ninth Circuit recently affirmed that federal mortgage programs and their administrators, including Fannie Mae and Freddie Mac, are exempt statutorily exempt from state and local taxation of real property transfers. The panel – consisting of Circuit Court Judges Richard Paez, Jay Bybee and Consuelo Callahan – held that because Congress had power to regulate the secondary mortgage market, it was authorized under the “Necessary and Proper Clause” to create Fannie and Freddie and to ensure their preservation by exempting them from state and local taxes. Brought by the City of Spokane, WA, the lawsuit is part of a wave of similar filings throughout the country to challenge the GSE exemption from ...
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Fannie and Freddie Do $56.9B In Multifamily Business in 2014

February 13, 2015
Fannie Mae and Freddie Mac wrote a combined $56.9 billion of multifamily business in 2014, up 4.6 percent from the previous year. Fannie issued $11.4 billion in multifamily mortgage-backed securities in the fourth quarter of 2014, bringing the year’s total to $28.6 billion, mostly through its Delegated Underwriting and Servicing program. That represented a slight uptick from the previous year’s $28.5 billion. Fannie also re-securitized $2.5 billion of DUS MBS through its Guaranteed Multifamily Structures (GeMS) program in the fourth quarter. That brought total 2014 issuance in the program to $12.0 billion, making last year the biggest year for GeMS issuance since the program started. “2014 was a strong year for Fannie Mae multifamily activity on all fronts. The DUS ...
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GSE Roundup

February 13, 2015
Bulletin 2015-1. Jan. 29. Freddie Mac announced its participation in an expanded Home Affordable Modification Program “Pay for Performance” incentive program. The program was developed in conjunction with Fannie Mae at the direction of the Federal Housing Finance Agency. The expanded program will include HAMP’s “Year Six Pay for Performance” incentive, which provides a $5,000 lump-sum payment to help eligible borrowers with first-lien Freddie Mac loans modified under HAMP reduce their principal balance. The HAMP incentive is effective April 1, 2015. Servicing Update. Feb. 9. Freddie introduced a bulk appeal template for late foreclosure sale reporting compensatory fees. Servicers can use this template to submit multiple compensatory fee appeals at a time through Freddie’s Default Fee Appeal System. The system ...
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