The House of Representatives this week overwhelmingly approved legislation that would help the FHA remain solvent and avoid a potential taxpayer bailout. Lawmakers passed the FHA Fiscal Solvency Act of 2012 by a vote of 402-7 on the heels of a Department of Housing and Urban Development report to Congress showing a slight second-quarter decline in the single-family Mutual Mortgage Insurance Fund. The report, which provides a quarterly view of the composition and credit quality of new insurance, showed FHA capital decreasing slightly over the last quarter from $32.3 billion to $31.6 billion. FHA’s total capital is ...

Legislation was introduced this week in the House of Representatives that would effectively neutralize a proposal for local governments to use “eminent domain” powers to seize underwater mortgage loans and perform controversial modifications. Rep. John Campbell, R-CA, has introduced The Defending American Taxpayers from Abusive Government Takings Act, which would prohibit the FHA and VA from originating, insuring or guaranteeing a mortgage loan in jurisdictions that have invoked the power of eminent domain to seize a loan within the last 10 years. Fannie Mae and Freddie would be subjected to ...

House lawmakers this week overwhelmingly approved legislation that would essentially codify some of the measures already adopted by the Department of Housing and Urban Development to help strengthen the FHA Mutual Mortgage Insurance Fund as well as improve risk management and tighten oversight of FHA lenders and third-party originators. The long-awaited bill, the FHA Emergency Fiscal Solvency Act of 2012, passed by a vote of 402-7, nearly six months after it was voted out of the House Committee on Financial Services. Rep. Judy Biggert, R-IL, who chairs the Financial Services Subcommittee on Insurance, Housing and Community Opportunity, introduced the bill after her subcommittee approved an initial draft in early February. The MMI Fund has been below minimum capital reserve levels and is not projected...

Two Senate Democrats have made small but significant changes in their proposed legislation to expand the Home Affordable Refinance Program, and the White House is pushing for a vote before lawmakers leave Washington next week for the campaign trail. The key change in the revised Responsible Homeowner Refinancing Act, S. 3522, sponsored by Senate Democrats Robert Menendez (NJ) and Barbara Boxer (CA), would keep the existing requirement that only loans originated prior to June 2009 are eligible for HARP. In its original form, the bill would have extended eligibility for loans made prior to June 2010, effectively giving a number of borrowers a second crack at the program. Sen. Bob Corker, R-TN, and other GOP lawmakers raised...

Last month’s surprise move by the Treasury Department to revise the preferred stock purchase agreements with Fannie Mae and Freddie Mac definitively settles the question of “when” not “if” the two government-sponsored enterprises are to be wound down but it also removes any remaining sense of urgency to push a legislative solution to GSE reform, according to industry analysts. On Aug. 17, Treasury announced it will require Fannie and Freddie to turn over any profits they earn to the government. Rather than continue to borrow from the Treasury to make a 10 percent dividend payment to the Treasury, the revised PSPA implements a “full income sweep” of GSE profits. Additionally, Treasury’s announcement calls...

One of the most worrisome elements to emerge so far in the Consumer Financial Protection Bureau’s proposed rule on mortgage loan originator compensation is the agency’s consideration of factors that may serve as proxies for prohibited transaction terms and how they may be used to restrict originator compensation. The CFPB proposal would implement statutory changes made by the Dodd-Frank Act to the Truth in Lending Act/Regulation Z loan originator compensation rule, including a new, additional restriction on the imposition of any upfront discount points, origination points or fees on consumers under certain circumstances. The proposal provides...

$7.5 Million FHA Mortgage Fraud Scheme. The Department of Justice has filed charges against top executives of a real estate brokerage for their participation in a mortgage fraud scheme that may cost the FHA $7.5 million in losses. Indictments were unsealed earlier this month in Manhattan federal court charging Mitchell Cohen and Erin Davis, the owner and sales manager, respectively, of Buy-A-Home, a real estate brokerage business in Queens, NY. The criminal charges follow a civil fraud lawsuit filed by the U.S. Attorney’s Office for the Southern District of New York last December against ...

The recent enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 includes a number of changes to the Department of Veterans Affairs’ Loan Guaranty program, including reverting to the VA’s previous method of calculating maximum guaranty. The restoration of the previous method used to derive VA loan limits has resulted in the increase of some loan limits, according to guidance issued by the agency last week. While VA does not have a maximum loan amount, “county limits” must be used to calculate the maximum VA guaranty for a particular county. The maximum VA loan limit for 2012 in high-cost areas is ...

The Senate Finance Committee recently approved legislation by a bipartisan vote of 19-5 to extend tax relief for principal forgiven on a mortgage, which is set to expire at the end of this year, and restore the mortgage insurance deduction that expired at the end of 2011. The “Family and Business Tax Cut Certainty Act of 2012” approved by the Senate Finance Committee would extend both tax breaks through 2013. Prospects for the legislation are murky, according to industry analysts, as Republicans are working to limit the extension of certain tax breaks. “This markup is not...

The top priority in any effort to revamp, reform or otherwise reduce risk in the $1.8 trillion tri-party repurchase or repo market should be to clearly determine “who’s in charge from a federal perspective,” according to a top Senate Democrat. In holding this week’s hearing of the Senate Banking Subcommittee on Securities, Insurance and Investment, Chairman Jack Reed, D-RI, said the government needs to defuse potential risk to the tri-party repo credit market for funding as an act of emergency preparedness rather than allow another financial crisis, such as what crippled the market in 2008. “One of the lessons we learned...