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FHFA Individual Defendants Can’t Use SEC Rule to Escape Liability

December 20, 2013
In between the Federal Housing Finance Agency’s announcement of a new guaranty fee increase and the Senate’s confirmation of a new FHFA director, a Manhattan federal judge last week quietly issued a ruling that permits the agency to proceed with its residential mortgage-backed securites lawsuits. In the summer of 2011, the FHFA filed suit against 18 big banks in connection with flawed mortgage securities Fannie Mae and Freddie Mac purchased between 2005 and 2007. A number of defendants in the case, including a host of individuals, argued in an appeal filed in August that due to a 2005 change in Rule 430B of the Securities Act of 1933, they should not be held liable in the case.
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Agencies, Fannie Tweak Appraisal Requirements, Access to Data

December 20, 2013
Fannie Mae last week issued an update to its lenders describing the new process that the GSE has implemented to identify and monitor individual appraisers. According to Lender Letter LL-2013-10, Fannie reviews appraisal reports for patterns of discrepancies and inconsistencies. Using the appraisal data that it collects through the Uniform Collateral Data Portal, Fannie said it has developed a process that identifies appraisers whose work displays more egregious issues.
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Enterprise Endnotes

December 20, 2013
Fannie, Freddie Suspend Holiday Evictions. In what has become an annual tradition, Fannie Mae and Freddie Mac each announced last week that all foreclosure-related evictions of single-family and two-to-four unit properties are suspended until after the New Year.“At this time of year, we want to bring some relief to families who confronted financial difficulties and went through foreclosure,” said Chris Bowden, Freddie’s senior vice president of REO. The GSEs are also encouraging struggling homeowners to contact their servicers for help to avoid foreclosure. “We encourage any homeowner who is having difficulty making their mortgage payment to reach out for help right away,” added Fannie Chief Operating Officer Terry Edwards.
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Fannie, Freddie Refi Deliveries Continued to Decline in November

December 20, 2013
A continued decline in GSE refinance activity helped contribute to an overall dip in the volume of single-family mortgages securitized by Fannie Mae and Freddie Mac in November, according to a new Inside The GSEs analysis. Fannie and Freddie issued $58.7 billion in single-family mortgage-backed securities in November, a 13.4 percent decline from October and a 6.2 percent decrease for the first 11 months of 2013.
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Mortgage Industry May Fight Back Against New Risk-Pricing Charges From Fannie and Freddie

December 19, 2013
Revised loan-level price adjustments recently announced by Fannie Mae and Freddie Mac that will make mortgages more expensive for a wide breadth of borrowers are not sitting well with different factions of the industry, including mortgage insurance firms that could lose some of their hard-fought market share gains. Industry trade groups are already turning to their friends in Congress, hoping that certain key members of the House and Senate financial service committees might have a talk with Rep. Mel Watt, the North Carolina Democrat who’s waiting to be sworn in as the new director of the Federal Housing Finance Agency. The government-sponsored enterprises announced...[Includes one data chart]
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FHFA Seeks Public Input on GSE Loan Purchase Limit, Proposal Wouldn’t Take Effect Until October

December 19, 2013
Citing its goal and the White House’s stated preference to reduce the market presence of the government-sponsored enterprises, the Federal Housing Finance Agency this week proposed setting “loan-purchase limits” for Fannie Mae and Freddie Mac. The FHFA said it could use its authority as conservator to set loan-purchase limits about 4.0 percent below the statutory GSE loan limits it established for 2014. Instead of a national floor of $417,000, the top single-unit mortgage Fannie and Freddie would buy in markets that are not designated high cost would be $400,000. The maximum purchase limit in high-cost markets would be $600,000, rather than $625,500, and all the “tweener” high-cost limits would similarly be reduced by 4.0 percent. “The loan purchase limits … would modestly reduce...
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Treasury Report Sees MIs as Valuable Alternative To Private Capital, Calls for Federal Regulation

December 19, 2013
The U.S. Treasury’s new Federal Insurance Office released a long-awaited report last week that calls for the federal oversight of mortgage insurers, an industry now overseen directly by state insurance regulators and indirectly by Fannie Mae, Freddie Mac and the Federal Housing Finance Agency. “Federal standards and oversight for mortgage insurers should be developed and implemented,” said the report. The private mortgage insurance sector is interconnected...
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Buyers Increasingly Using Cash to Purchase Homes, Some then Get a Mortgage as a Refi

December 19, 2013
Concerns about red tape from lenders have prompted an increasing share of homebuyers to use all cash to purchase a home, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. Some 29.3 percent of home purchases completed in November relied solely on cash, based on a three-month moving average. That was the third monthly increase in the share of cash transactions. Tom Popik, research director of Campbell Surveys, said...
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Industry May Try to Roll Back New LLPAs From Fannie and Freddie

December 18, 2013
Paul Muolo
Meanwhile, mortgage insurers are concerned that the new LLPA grid from Fannie and Freddie will throw cold water on their market share gains.
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Short Takes: Mel Watt to be Sworn in Early January? / A Savior for a Nonbank / Ed Pinto Weighs In on the FHA MMI Audit / Dave Stevens, the Man Behind the Beyoncé Analogy / Bad News for Applications / Correction on QM Readiness

December 18, 2013
Paul Muolo
The FHFA MMI is in better shape? So what, says critic Ed Pinto. He believes that huge problems remain.
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