The House Ways and Means Committee this week extended until March 30, 2012, the period of time in which it can consider legislation that would lay the legal and regulatory foundation for a covered bonds market in the U.S. H.R. 940, the United States Covered Bond Act of 2011, was introduced March 8, 2011, by Rep. Scott Garrett, R-NJ, and reported out of the House Financial Services Committee on June 22, then referred to Ways and Means for consideration of its potential effect on the federal budget. Late last month, the Congressional Budget Office issued a cost estimate of the legislation. “CBO...

A month after Congress voted to curtail bonus payments conferred to Fannie Mae and Freddie Mac executives, lawmakers have yet to close the deal and send a final bill to the president’s desk for signature. In early February, both the House and Senate overwhelmingly approved the Stop Trading on Congressional Knowledge Act of 2012, which would bar members of Congress and congressional staff from using non-public, inside information for private gain. While the House version of the STOCK Act is weaker than the Senate’s, both versions retained an amendment sponsored by Sens. John McCain, R-AZ and Jay Rockefeller, D-WV, to prohibit Fannie and Freddie executives from receiving multi-million dollar bonuses while the GSEs remain in federal conservatorship.

The Justice Department and some members of Congress are unconvinced the mortgage industry is up to the task of fairly making and servicing mortgages in a tough housing market. That’s motivating them to use all of the tools at their disposal – and considering new ones – to combat discrimination and other abusive behavior. “In the coming year, we will continue our efforts to provide justice to those families who were harmed by discriminatory conduct during the mortgage boom and to hold lenders responsible for their actions,” U.S. Assistant Attorney General Thomas Perez said in testimony before the Senate Judiciary...

The Federal Housing Finance Agency wants to use parts of the existing MBS programs at Fannie Mae and Freddie Mac to build a new mortgage securitization platform that could be used by a variety of issuers under a new plan to wind down the government-sponsored enterprises. The FHFA this week submitted to Congress a strategic plan to “update and extend the goals and directions” of the GSEs, which have been under government conservatorship since September 2008 with “no near-term resolution in sight.” Many of the initiatives are already underway. “This plan envisions actions by the enterprises that will...

A bill filed in the Senate earlier this month would authorize Fannie Mae and Freddie Mac, as well as Federal Deposit Insurance Corp. member banks, to enter into long-term leases to permit families to stay in their homes while also easing the pressure of unsold foreclosure inventory on the housing market. The Home Act, S. 2080, sponsored by Sen. Dean Heller, R-NV, would afford banks and the GSEs the option of leasing their real estate-owned (REO) properties for up to five years, with the additional prospect of selling the house to the renter once the rental lease runs out.

A new report detailing servicers’ compliance with foreclosure laws in San Francisco found that the mortgage industry has systematically violated state and municipal code. While California allows for both judicial and non-judicial foreclosures, the majority of servicers use the “power of sale” clause from the trust deed to choose a non-judicial foreclosure, wherein little oversight takes place. Prepared by Aequitas Compliance Solutions, the report was commissioned by San Francisco’s Office of the Assessor-Recorder. Aequitas compiled and reviewed 382 residential mortgage foreclosures, 16 percent of the...

All mortgage lending related institutions under the regulatory purview of the Consumer Financial Protection Bureau are one step closer to a little more certainty about the confidentiality of the data and information they provide the agency and its officials after action by the House Financial Services Committee last week. The full committee passed H.R. 4014 (introduced by Rep. Bill Huizenga, R-MI), a measure that would stipulate that providing information to the CFPB for any purpose as part of the supervisory process would not be construed as waiving, destroying or otherwise affecting any ...

California. In Kathryn McOmie-Gray v. Bank of America Home Loans FKA Countrywide Home Loans Inc., the Ninth Circuit has ruled that the Truth in Lending Act sets a three-year limitation for the borrower to file notice of claim for loan rescission. McOmie-Gray sought rescission of her loan for alleged violations of disclosure requirements under TILA. The district court dismissed the suit as untimely because it was filed after the three-year period set by TILA. McOmie-Gray subsequently argued to the appeals court ...

Industry trade groups this week stepped up their efforts to block the imposition of additional fees on Fannie Mae and Freddie Mac MBS as a way for the government to pay for an extension of the payroll tax holiday and unemployment benefits. Late this week, the House-Senate conference committee announced it reached an agreement on a $150 billion extension through the end of 2012, although final details of the deal were not yet finalized as Inside MBS & ABS went to press. Lawmakers had been considering raising $4 billion of new revenue from increased guarantee fees from the two government-sponsored...

The Department of Housing and Urban Development plans to use revenues from proposed FHA premium hikes and servicer settlements to stabilize the Mutual Mortgage Insurance Fund and bring capital reserves back to compliance. The proposals for annual premium increases on forward FHA-insured mortgage loans, multifamily and health care loans were laid out in the FY 2013 HUD budget, which the Obama administration sent to Congress this week. During a press briefing, HUD Secretary Shaun Donovan said raising FHA premiums further would improve the FHA insurance fund’s capital reserves, which fell ...