The Department of Justice and the Securities and Exchange Commission are likely to pursue more mortgage-related lawsuits due to pressure from Congress, according to former federal attorneys. “The fact that the attorney general now speaks of financial fraud enforcement as one of the top three priorities of the Department of Justice, just after terrorism and keeping people safe in their communities, trickles down to the lowest levels of the department and elsewhere in terms of the dedication of resources, the coordination, the training, the case referrals,” said Andrew Schilling, a partner at the law firm of BuckleySandler and a former chief of the civil division of the U.S. Attorney’s Office for the Southern District of New York. The latest pressure came...

Moody’s Investors Service and Fitch Ratings have downgraded the senior unsecured and issuer default ratings of The McGraw-Hill Companies, parent of Standard & Poor’s, to below A-level ratings with a negative outlook. The downgrades are largely due to the Department of Justice’s recent lawsuit regarding ratings of collateralized-debt obligations and rating models for non-agency MBS. “The Baa2 rating balances the company’s history of prevailing in its legal defenses against the potentially substantial negative credit effects that could result from adverse litigation or settlement outcomes,” Moody’s said after downgrading McGraw-Hill’s senior unsecured rating from A3 late last week. “In addition, the management focus and direct costs involved in defending litigation may be a persistent drag on the company’s operations over the intermediate term.” Moody’s said...

House Republicans may be able to pass tough FHA reform and solvency legislation out of committee but they may not have enough votes on the House floor or in the Senate to sustain such a bill, according to industry sources. Even after two successive hearings in the House Financial Services Committee this month, there has been no clear indication from Chairman Jeb Hensarling, R-TX, as to which proposals might go into a legislative package of FHA reforms. Hensarling is said to be operating “with a very strong hand,” and if it were up to him entirely, he would draft legislation that would contain some ...

Wells Fargo suffered a big legal setback after a federal judge denied its request to enforce a consent judgment under last year’s landmark $25 billion servicing settlement to prevent a New York lawsuit from proceeding. Judge Rosemary Collyer of the U.S. District Court for the District of Columbia rejected Wells Fargo’s argument that the new government suit filed in Manhattan district court was improper because it violated the consent judgment against Wells Fargo and flies in the face of the judgment’s “liability release” provision. Wells Fargo argued that the allegations in a civil mortgage fraud suit filed by ...

The Senate Banking, Housing and Urban Affairs will continue focusing on FHA solvency as part of its legislative agenda for the 113th Congress and has called a hearing next week to try to reach some bipartisan agreement on FHA reform. In a memorandum, Committee Chairman Tim Johnson, D-SD, said ensuring the health of the FHA Mutual Mortgage Insurance Fund is one of committee’s top priorities in sustaining and strengthening the nation’s economic recovery. Johnson said the committee will continue to conduct oversight on the condition of the FHA insurance fund and the role the FHA plays in the housing market as part of ...

Look for the Senate Banking, Housing and Urban Affairs Committee under a Democrat majority to focus over the next two years on assuring a smooth implementation of the Dodd-Frank Act, stabilizing the housing market and building a “bipartisan consensus” on housing finance reform, according to the committee’s chairman. “From protecting consumers and taxpayers from Wall Street abuses, to providing the Federal Housing Administration with additional tools to manage its finances while continuing to serve American families, I believe we can find common ground,” said Sen. Tim Johnson, D-SD, chairman. The committee will continue...

Look for lawmakers during the 113th Congress to bring considerable attention and legislative effort to bear regarding the future of housing and mortgage finance, but reform and resolution of Fannie Mae and Freddie Mac are far from the top of the priority lists of the two major committees with purview over the GSEs. This week, the House Financial Services Committee in the Republican-held House and the Senate Banking, Housing and Urban Affairs Committee of the Democrat-majority Senate issued their respective agendas for the 2013-2014 session. Sen. Tim Johnson, D-SD, said the Banking Committee will “continue to seek bipartisan consensus” on a new structure for housing finance.

Two Democrat Senators have re-introduced their refinance bill that would authorize a one-year extension of the Home Affordable Refinance Program while easing other qualifying criteria for HARP borrowers. Dubbed HARP 3.0 in some quarters, the Responsible Homeowner Refinancing Act of 2013, the bill by Sen. Robert Menendez, D-NJ, -- co-sponsored by Sen. Barbara Boxer, D-CA, -- would expand HARP eligibility by providing equal access to streamlined refinancing under HARP, waive loan-to-value ratio requirements and prohibit Fannie and Freddie from charging upfront fees to refi any loan they guarantee. The new draft of the Menendez-Boxer, S. 249, includes a few technical corrections and would extend HARP for an additional 12 months beyond its scheduled expiration of Dec. 31, 2013.

FHA Commissioner Carol Galante fended off attacks by Republicans on the House Financial Services Committee this week, saying that the actual performance of the FHA single-family program over the course of FY 2013 and steps the agency takes during this period will determine whether the agency will need more cash to pay claims. In her first congressional appearance since her Senate confirmation in late December, Galante tried to assure critics that the FHA may not have to borrow from the U.S. Treasury to boost its claims-paying ability if the proposed budget President Obama releases next month does not show a shortfall. In last year’s proposed 2012 budget, the president anticipated...

It remains to be seen how or whether a newly signed law in Illinois to fast-track certain foreclosures will impact a proposal by the Federal Housing Finance Agency to levy extra guaranty fee charges on Fannie Mae and Freddie Mac mortgages originated in five slow-foreclosure states, including Illinois, but experts say other states may be inspired to follow suit. Last week, Illinois Gov. Pat Quinn, D, signed into law SB 16, which among other provisions, would allow servicers to expedite the foreclosure timelines for abandoned or vacant homes from about 18 months to as little as 90 days. Although the bill was...