Primary market originators and due diligence providers say the elusive market in private placement MBS deals has been gaining strength this year. “We’re seeing three to five private deals a month,” said Jeff Taylor, managing partner of Digital Risk, a New York-based risk management and due diligence firm. As for the underlying product, it’s across the board, he added. “It can be jumbo, nonperforming, and re-performing.” But the deals are also much smaller than the rapidly growing public MBS deals. Digital Risk, which conducts due diligence reviews on the underlying collateral, said...
The Federal Housing Finance Agency’s lawsuit against UBS Americas and, by extension, more than a dozen other big banks, in connection with non-agency MBS purchased by Fannie Mae and Freddie Mac will continue after a federal appeals court flatly denied UBS’ bid to dismiss the case. The Second Circuit Court of Appeals upheld a lower court ruling that denied UBS’ motion to dismiss the FHFA’s suit as time barred. In the summer of 2011, the FHFA filed 18 lawsuits in Manhattan federal court against UBS and other big banks on behalf of the GSEs, alleging violations of the federal Securities Act of 1933 for approximately $200 billion in MBS sold to Fannie and Freddie in the years prior to the mortgage market meltdown. The UBS appeal argument largely revolves...
Wells Fargo and JPMorgan Chase continue to post strong residential finance profits, but there is a growing worry that the "mortgage party" may be drawing to a close.
The unrelenting campaign by liberal Democrats and progressive activists to depose the Federal Housing Finance Agency’s acting director could backfire by making him politically untouchable, while the badgering directed at the Obama administration threatens to alienate the very man they seek to convince to act in their favor, according to industry observers. According to a memo released late this week that was prepared by New York Attorney General Eric Schneiderman’s legal team, President Obama has the power to replace FHFA Acting Director Edward DeMarco without congressional approval. “We conclude that the president has the authority to remove the acting director at will, and there is a strong argument that he has the authority to designate a new acting director, although the answer to that question is less certain,” noted Schneiderman’s memo.
Fannie Mae’s and Freddie Mac’s recent, unambiguous return to profitability will diminish an already waning urgency among Capitol Hill lawmakers to proceed with legislative GSE reform as the companies’ profits flow into the U.S. Treasury by the billions, industry experts warn. Fannie announced last week that the GSE expects to remain profitable “for the foreseeable future” after posting record-shattering quarterly and yearly earnings for the period ending Dec. 31, 2012. In the wake of Fannie’s announcement, the White House this week said that from January 2013 to the end of 2023 the two GSEs could send $183.3 billion to the Treasury.
Freddie Mac this week hired former Chase Home Finance CEO David Lowman to head its single-family division, where he will help shape the GSE’s policies and programs that affect seller/servicers. Lowman will officially take the post May 20, the company said. Lowman is joining Freddie at a time of rapidly improving earnings. But he also must deal with several key issues facing seller/servicers, namely tight underwriting standards, changing delivery requirements and continued griping over buybacks. One current colleague of Lowman’s amusingly quipped: “I wonder what he thinks about buybacks now?”
The Home Affordable Refinance Program will continue for another two years as the number of HARP refis for deeply underwater borrowers continued to represent a “substantial portion” of total HARP volume in January, the Federal Housing Finance Agency announced this week. HARP had been scheduled to expire at the end of this year before the FHFA’s directive to Fannie Mae and Freddie Mac to extend the program through Dec. 31, 2015. “FHFA determined that extending the program now will provide additional opportunities to refinance, give clear guidance to lenders, and reduce losses for Fannie Mae, Freddie Mac and taxpayers,” said the Finance Agency.
Although Fannie Mae posted stellar – and record – earnings last week, the best is yet to come thanks to a $58.9 billion allowance for “deferred tax assets” the GSE is likely to capture when it releases earnings for the first quarter of 2013, a number that will be revealed some time in May. In its 10-K filing for 2012, Fannie did not absolutely say it will move to capture the DTA allowance in the first quarter, but notes that “if and when the valuation allowance is released, it will be included as income.” The GSE said it did not take the DTA in 2012 because it has not been steadily profitable for a long enough period of time. It noted that the decision was “complicated.”
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