Fannie Mae’s delay in releasing its 2012 earnings underscores the sharp turnaround in the con-servatorships of the two government-sponsored enterprises, which lately have begun spewing earnings like the good old days.Freddie Mac, which managed to get its reporting done on time, recorded a whopping $16.0 bil-lion in net income last year, and there’s widespread speculation that Fannie Mae will beat that mark with room to spare.

Members of the House and Senate on both sides of the aisle are working on legislation to reform the mortgage finance system, but partisan differences suggest that the most likely accomplishment may be steps aimed at not making the difficult task any harder.In the Senate, a handful of members from both parties recently introduced the “Jumpstart GSE Reform Act,” which would prevent guaranty fees collected by the government-sponsored enterprises from being used to offset other government spending.

Financial trade groups are backing bipartisan legislation introduced in the House that would modify the definition of points and fees in the Dodd-Frank Act ability-to-repay and “qualified mort-gage” provisions. Introduced by Rep. Bill Huizenga, R-MI, and backed by seven bipartisan cosponsors, H.R. 1077, the Consumer Mortgage Choice Act, would amend the DFA’s points-and-fees definition to avoid shutting out low and moderate-income borrowers from the QM market.

The Obama administration is employing multiple defenses to try to stave off an expected legal determination that the president’s controversial recess appointment of Richard Cordray as director of the Consumer Financial Protection Bureau is unconstitutional.Last week, the National Labor Relations Board announced it will not seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the District of Columbia Circuit af-firmed that the Jan. 4, 2012, recess appointments of three members to the board were unconstitutional.

Legislation introduced this week by a bipartisan group of senators would seek to “jumpstart” the stalled effort in Congress to implement legislative reform of Fannie Mae and Freddie Mac, but industry observers say the measure may also act to hinder cash grabs by government officials when the Treasury Department begins its “sweep” of the GSEs’ profits. The Jumpstart GSE Reform Act – sponsored by Sen. Bob Corker, R-TN, with co-sponsors Sens. Mark Warner, D-VA, David Vitter, R-LA, and Elizabeth Warren, D-MA – would prohibit any increase in Fannie’s and Freddie’s guaranty fee from offsetting other government spending. “The reality is that if Congress were to spend g-fee revenue from the GSEs on other programs, reforming these mortgage behemoths would become nearly impossible,” said Corker.

House Republicans’ proposed budget for next year would see Fannie Mae and Freddie Mac wound down as part of an effort to “end corporate welfare” in the housing sector. The GOP’s 91-page “Path to Prosperity” proposal for Fiscal Year 2014 gives scant mention to the two GSEs – less than two full paragraphs. House Budget Committee Chairman Paul Ryan, R-WI, the proposal’s author, seeks to “drastically decrease” Fannie’s and Freddie’s market dominance by gradually ending their government guarantees and taxpayer subsidies.

Republicans on the Senate Banking, Housing and Urban Affairs Committee got a tougher time from their Democrat counterparts than Richard Cordray got from the Republicans during this week’s hearing on his re-nomination to be the director of the Consumer Financial Protection Bureau. Political observers see that as a sign of GOP confidence in the leverage they have in trying to compel President Obama and his allies on Capitol Hill to agree to some key changes to the bureau in exchange for installing Cordray for a second term at its helm. Republicans continue...

A U.S. Senator’s call for a Department of Justice investigation into whether Lender Processing Services used an improper fee structure to double-bill underwater homeowners for servicing fees related to processing foreclosures and bankruptcies is off the mark and old business, say industry observers. In a letter sent last week to Attorney General Eric Holder, Sen. Ron Wyden, D-OR, cited concerns brought to his attention by an industry professional that Jacksonville, FL-based LPS engineered a scheme to charge homeowners or mortgage investors for foreclosure-related legal services provided by the company’s preferred network of law firms. Banks using LPS network law firms would receive free access to the firm’s mortgage-processing software, according to the letter. “The ramifications of this case, however, seem...

The U.S. Supreme Court last week unanimously decided a securities fraud case that could cause the Securities and Exchange Commission to act sooner rather than later in bringing enforcement actions against MBS fraud. In Gabelli et al. v. Securities and Exchange Commission, SCOTUS ruled that in an SEC action to recover civil penalties, the five-year statute of limitations begins ticking when the fraud occurs, not when it is discovered. Reversing an opinion by the U.S. Court of Appeals for the Second Circuit, SCOTUS rejected...

H.R. 450: The Bureau of Consumer Financial Protection Accountability Act, introduced by Rep. Bill Posey, R-FL, would amend the Consumer Financial Protection Act of 2010 to bring the CFPB into the regular appropriations process. The bill is a re-introduction of H.R. 1640 from the 112th Congress. Current status: referred to House Financial Services Committee. S. 190: The Restoring the Constitutional Balance of Power Act of 2013, introduced by Sen. Mike Johanns, R-NE, would prohibit the transfer of funds from the Federal Reserve that would be used by the CFPB “to carry out activities that are authorized...