Private mortgage insurers would play a strategic role under a new Senate proposal for winding down Fannie Mae and Freddie Mac and privatizing guarantees on high-quality mortgage securitizations. Introduced by Sen. Johnny Isakson, R-GA, the Mortgage Finance Act of 2011 would create a new regulatory framework for securitizing “qualified residential mortgages” and an alternative form of guarantee provided by a new Mortgage Finance Agency. Under Isakson’s bill, the two government-sponsored enterprises would be placed in a run-off mode by the Federal Housing Finance Agency 18 months from the date of enactment. They would be required to ...

Ginnie Mae recently announced changes to rules implementing provisions under the Servicemembers’ Civil Relief Act for reimbursing excess mortgage interest to Ginnie Mae issuers. Under the revised SCRA reimbursement policy, issuers will be reimbursed excess interest payments on SCRA mortgage loans based on two different dates for reservists and active members of the military, said Ginnie Mae officials during an issuer outreach webinar on Dec. 8. If the borrower is a reservist, the reimbursement will be based on the date of the receipt of the deployment letter and reimbursements for active members will be based on the deployment date. Under the SCRA, mortgage lenders are required to ...

Republican lawmakers on both sides of Capitol Hill are pushing harder for secondary mortgage market reform legislation as the first session of the 112th Congress moves toward a holiday break. The House Financial Services Subcommittee on Capital Markets and the Government Sponsored Enterprises this week approved legislation aimed at boosting the non-agency mortgage securities market by creating an extensive federal regulatory framework. The bill, approved on a party line vote, does not address the fate of Fannie Mae and Freddie Mac, nor does it provide for any federal backing for...

In the world of federal budget magic, Democrats and Republicans are both looking at increases in Fannie Mae and Freddie Mac guarantee fees as a way to offset the cost of extending payroll tax breaks due to expire at the end of 2011. Both parties so far are rejecting the other party’s proposed solution to keep the tax break, though both bills include nearly identical plans to start raising fees charged by the government-sponsored enterprises. The Senate Democrats’ Middle Class Tax Cut Act of 2011 would start raising GSE guarantee fees by 12.5 basis points per year. The GOP bill in the...

A Senate panel this week endorsed President Obama’s nominees for open posts at the Department of Housing and Urban Development and the Federal Deposit Insurance Corp., although the nomination of Carol Galante as head of the FHA may likely be delayed on the Senate floor. While the vote on the nominations of Maurice Jones to become HUD deputy secretary and Thomas Hoenig to be vice chairman of the Federal Deposit Insurance Corp. were unanimous, Galante ran into trouble with Republicans on the Senate Committee on Banking, Housing and Urban Affairs. Galante’s nomination was approved on a...

Two significant issues related to the Real Estate Settlement Procedures Act have received fresh attention at the Supreme Court, which is expected to make landmark rulings next year. The U.S. Solicitor General and a group of state attorneys general filed briefs in Freeman v. Quicken Loans, a case in which the high court will likely determine the ability of the mortgage lending industry to decide what to charge borrowers at the point of origination. RESPA Section 8(b) provides that “no person shall give and no person shall accept any portion, split or percentage of...

Industry experts and trade groups said this week they were generally supportive of a House Republican bill to create a new non-agency residential MBS market, but they still want the government to have a role, however limited, in the final product. The Private Mortgage Market Investment Act, drafted but not yet filed by Rep. Scott Garrett, R-NJ, would create a heavily regulated MBS market made up solely of private entities that would function with no federal guarantee at all. Garrett, who chairs the House Financial Services Subcommittee on Capital Markets and Government...

Federal financial regulators are still sifting through stacks of criticism about their controversial risk-retention proposal for the MBS and ABS market and have not yet decided whether to start over again with a new proposed rule, as most industry groups have urged them to do. The agencies are also getting a lot of push from Capitol Hill to re-think the original proposal, which was released in late March. “I am very concerned that if the qualified residential mortgage definition being worked out by regulators isn’t broad enough, it could hurt the housing market, especially...

Lawmakers and experts reviewing a proposed bill that seeks to drastically overhaul the secondary mortgage market without the need for Fannie Mae and Freddie Mac question whether the Federal Housing Finance Agency is the most appropriate choice to implement key components of the program.The Private Mortgage Market Investment Act, drafted but not yet filed by Rep. Scott Garrett, R-NJ, would create a heavily regulated mortgage-backed securities market made up solely of private entities that would function with no federal guarantee at all.

Fannie Mae and Freddie Mac would be put into “irrevocable receivership” with the Federal Housing Finance Agency tasked as their receiver no later than 18 months after enactment of a bill introduced in the Senate this week.Sen. Johnny Isakson, R-GA, introduced the Mortgage Finance Act of 2011 to “get the American taxpayer out of the business of bailing out the mortgage industry.” The bill would wind down Fannie and Freddie while creating a new regulatory framework for “high-quality” mortgage securitization for both single-family and multifamily mortgages.