The consensus among political observers is that last week’s big Republican wave on Election Day will result in a lot more political bluster from critics of the CFPB on Capitol Hill. However, it’s unlikely to have enough short-term intensity or long-term staying power to effect any big changes that could get past the veto pen of a strongly supportive President Barack Obama. “While there may be a push for the elimination of the CFPB, such a change is highly unlikely given the [Obama] administration’s support for the bureau,” the American Bankers Association said in a post-election analysis. “Expect increased scrutiny in the Senate on the CFPB’s proposals and a continued push to change the structure of the CFPB from a ...

The mortgage industry cannot and should not wait for Congress to get around to a legislative solution to the government-sponsored enterprises when much of what is necessary can be accomplished administratively, according to experts at a forum hosted by the Urban Institute and CoreLogic. Andrew Davidson, president of Andrew Davidson & Co., noted that among the lessons of this year’s failure to launch a Senate GSE reform bill is that lawmakers find it easier to agree on a set of principles for a mortgage finance system than on the system’s design. With legislation a long shot before the 2016 presidential elections, Davidson said...

With the Republicans poised to take control of the U.S. Senate and having gained an even greater GOP majority in the House, legislative conversations surrounding housing finance reform should return to Capitol Hill, but few political commentators believe a bill can actually be passed. Control of the Senate swung back to the GOP for the first time since 2006 after the polls closed, as Republicans now enjoy a 52-45-3 majority in the Senate. However, the race in Louisiana between incumbent Democrat Mary Landrieu and Republican challenger, Rep. Bill Cassidy is headed...

FHFA’s Watt Promises a CEO for the CSP by Year-end. After a year of searching for a chief executive to lead Common Securitization Solutions, the Federal Housing Finance Agency is getting closer to picking a candidate for the job. Speaking at the annual convention of the Mortgage Bankers Association in Las Vegas last week, FHFA Director Mel Watt promised the industry that a CEO would be named by Dec. 31. The FHFA’s search firm is Spencer Stuart.

A federal judge last week dismissed claims brought by the state of Massachusetts that Fannie Mae and Freddie Mac violated state law by putting limits on the sale of pre- and post-foreclosure homes. State Attorney General Martha Coakley filed suit in June against the Federal Housing Finance Agency, as GSE conservator, alleging that Fannie and Freddie are violating state law by refusing to negotiate lower terms for distressed Bay State homeowners.

If Republicans take control of the U.S. Senate in the upcoming elections, Congress next year may actually produce some mortgage-related legislation, according to political analysts participating on a panel at the Mortgage Bankers Association’s annual convention in Las Vegas this week. Any successful legislation will be narrowly targeted and not address complex problems like building a new mortgage finance system or resolving the status of Fannie Mae and Freddie Mac, analysts agreed. Over the last four years, the Democrats’ top priority has been preserving...

Mortgage industry executives should be aware and expect continued – and perhaps even more muscular – use of a 1989 federal law by government prosecutors to pursue mortgage-related claims. At the direction of Attorney General Eric Holder, the Department of Justice embraced the use of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) in MBS lawsuits. Despite Holder’s announcement late last month that he is stepping down after six years as AG, there is...

The substantial increase in federal support of the single-family housing finance system, as well as weaknesses uncovered in the wake of the mortgage market meltdown, have led to a U.S. finance system that warrants reform, according to the Government Accountability Office. The GAO focused considerable attention on the much-reported fact that government programs have accounted for a huge share of the mortgage and MBS market since the financial crisis. The congressional watchdog views the federal role in housing finance as a “high-risk area.” “Developments in mortgage markets since 2000 have challenged...

Ending the conservatorships of the government-sponsored enterprises and recapitalizing Fannie Mae and Freddie Mac is the “most pragmatic and feasible” solution to facilitate housing finance reform and protect taxpayers, according to a recently issued white paper. In his blueprint for ending GSE conservatorship, Clifford Rossi – adjunct professor at the Robert H. Smith School of Business, University of Maryland, College Park – calls for an administrative solution by recapitalizing Fannie and Freddie and bringing the GSEs out of conservatorship under strict conditions as the next best way of implementing housing finance reform short of legislation. “Conservatorship was...