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Morgan Stanley Settles GSE Subprime Case With FHFA

February 7, 2014
Morgan Stanley & Co. this week disclosed in a filing with the Securities and Exchange Commission that it likely will pay $1.25 billion to settle charges that it sold faulty non-agency mortgage-backed securities to Fannie Mae and Freddie Mac in the years leading up to the financial crisis. The settlement, however, is not final “and there’s one more stop to it,” said one observer close to matter.
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FHFA Issues Final Rule to Clip GSE Golden Parachute Payments

February 7, 2014
The Federal Housing Finance Agency last week issued regulations that clamp down on “golden parachute” severance payments to departing GSE executives. Published in the Jan. 28 Federal Register, the FHFA’s final rule applies to Fannie Mae, Freddie Mac, the Federal Home Loan Banks and the Office of Finance, as well as any “entity-affiliated parties,” including independent contractors such as attorneys, accountants and appraisers.
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DOJ Seeks Larger $2.1B Penalty From BofA for CFC’s ‘Hustle’ Fraud

February 7, 2014
Government lawyers have run the numbers again and have now concluded that Bank of America should pay a lot more than the initially-sought $864 million penalty over mortgage fraud related to Countrywide Financial’s “Hustle” program. The Justice Department filed papers with Manhattan Federal Judge Jed Rakoff Wednesday requesting the Charlotte-based BofA be fined $2.1 billion for Countrywide’s fraudulent sale of toxic mortgages to Fannie Mae and Freddie Mac in the years leading up to the financial crisis.
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Bankruptcy Court Approves $2B Lehman Settlement With Fannie

February 7, 2014
A Manhattan federal bankruptcy court last week approved Lehman Brother’s proposed $2 billion-plus settlement that would end an $18.9 billion claim filed against the defunct investment bank by Fannie Mae over soured mortgage securities. Judge James Peck of the U.S. Bankruptcy Court for the Southern District of New York signed off on the settlement agreement between Lehman Brothers Holdings Inc. and the government-sponsored enterprise, as well as Lehman’s wholly owned subsidiaries Aurora Commercial Group and Aurora Loan Services. ALS was a large Alt A lender/servicer.
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Enterprise Endnotes

February 7, 2014
Freddie Prices First Risk-Sharing Transaction of 2014. Freddie Mac this week announced a $1 billion offering of its Structured Agency Credit Risk debt notes. The deal is backed by 140,000 residential loans, representing an unpaid principal balance of approximately $32.4 billion. This STACR pool consists of 30-year fixed-rate single-family mortgages acquired by Freddie in the second quarter of 2013.More than 65 investors participated in the offering, Freddie said.
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GSE MBS Business Activity Drops Month-to-Month in January

February 7, 2014
Fannie Mae and Freddie Mac issued $47.0 billion in single-family mortgage-backed securities during January, starting 2014 off with a 15.8 percent decline from December 2013, according to a new Inside The GSEs analysis. January’s drop was even steeper, at 61.9 percent, from the same period a year ago.
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Fannie, Freddie Market Share Declines in Fourth Quarter 2013

February 7, 2014
Fannie Mae and Freddie Mac dominated the residential mortgage market in 2013, albeit to a lesser degree, than the GSEs had during the previous 12-month period, according to a new Inside The GSEs analysis. Fannie and Freddie issued a combined $1.571 trillion of single-family mortgage-backed securities in 2013, which equaled 73.8 percent of total market production. That was down from 75.7 percent in 2012.
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IG: GSEs Bought Billions in Mortgages Despite Red Flags on Appraisals

February 6, 2014
Charles Wisniowski
Despite the findings of the Inspector General's office regarding appraisal reviews, the GSEs’ recent books of business are considered to be of pristine quality.
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Panel: Treasury’s Seizure of Fannie, Freddie Profits Breaches Shareholder Rights, Future Investor Trust

February 6, 2014
The Treasury Department’s surprise move in the summer of 2012 to rewrite the Senior Preferred Stock Purchase Agreements it had with Fannie Mae and Freddie Mac was an “unlawful” action that could have a far-reaching impact well beyond the shareholders of the two government-sponsored enterprises, according to an attorney representing shareholders. Speaking Wednesday at a forum sponsored by Ralph Nader’s Shareholder Rights advocacy group, attorney Ted Olson of Gibson Dunn & Crutcher said Treasury’s Third Amendment to the PSPA was a calculated effort by the Obama administration to ensure that GSE stockholders got nothing, according to internal Treasury documents they obtained. The amendment replaced the quarterly GSE dividend payment with a net-worth sweep of all company profits. Perry Capital, represented by Olson, is...
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Will a QM/QRM Environment Transition the Industry to More of an Originate-to-Hold Model?

February 6, 2014
The Federal Reserve’s move to reduce its purchases of agency mortgage-backed securities may eventually change the relative costs and benefits of financing new production through Fannie Mae, Freddie Mac and Ginnie Mae. “We’re in an environment where I think banks are going to get interested in at least the more attractive credit risks and holding those in portfolio,” said Mark Calabria, director of financial regulation studies at the libertarian Cato Institute in Washington, DC. “So, to me, the most important question going forward over the next two years for the MBS market is how much of this [new production] is going to make its way into MBS and how much will be held on balance sheets as whole loans.” Calabria predicted...
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