Congressional Republicans have at least temporarily prevented the Obama administration from appointing Elizabeth Warren as the first director of the Consumer Financial Protection Bureau. There was speculation that the White House would use the recess scheduled for the Senate this week to appoint Warren to lead the CFPB, an agency she helped design. Last week, 20 Senate Republicans wrote House Speaker John Boehner, R-OH, urging him not to pass the Senate’s adjournment resolution, keeping the Senate at least nominally in session and preventing Pres. Obama from making any recess appointments. In 2007, Democrats in the Senate used...

There would be fewer FHA-insured mortgage loans originated in more than 20 percent of U.S. counties if the current FHA loan limits were allowed to revert to limits set by the Housing and Eco-nomic Recovery Act, the Department of Housing and Urban Development warned. Evaluating FHA-insured mortgage loans originated in 2010 and 2011 to date that had loan sizes exceeding the HERA limits, HUD found that approximately $14.2 billion, or about 6 percent, would not have been endorsed had HERA restrictions been in place at the time. While 669 counties would likely...

The legacy of toxic subprime and Alt A MBS from Countrywide Financial continued to spread last week, with a California appeals court deciding to allow a class action involving a number of pension funds and other institutional investors against the lender to proceed. The plaintiffs allege that Countrywide and a number of its subsidiaries, officers and U.S. investment banks violated the Securities Act of 1933 by making materially false and misleading statements in over 450 prospectus supplements relating to the issuance of more than $300 billion in subprime and Alt A securities. Specifically, plaintiffs allege the defendants misrepresented the quality of...

A trio of housing trade associations went to bat for the role of government-sponsored enterprises this week, but not necessarily for Fannie Mae and Freddie Mac, arguing that GSEs, as well as the government itself has a role in the reform of the housing finance system. During testimony this week before the Senate Banking, Housing and Urban Affairs Committee, representatives from the National Association of Realtors, the National Association of Home Builders and the National Multi Housing Council/National Apartment Association warned lawmakers that the current efforts to wind down Fannie and Freddie must not disrupt the already fragile housing and...

Pending inter-agency proposals to implement risk-retention requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act could undermine the return of private capital to the housing finance market, warned industry participants. Testifying this week during a House subcommittee hearing, the Mortgage Bankers Association and other critics of risk retention said that a narrow definition of a “qualified residential mortgage” and overemphasis on higher downpayment may have an adverse impact on credit availability. MBA Chairman Michael Berman told members of the House Financial Services Subcommittee on Insurance, Housing and Economic Opportunity that while...

A proposed bipartisan House bill that would dissolve Fannie Mae and Freddie Mac but retain an explicit government guarantee for certain mortgage-backed securities appears poised to go nowhere fast, despite vocal trade group support. Earlier this month, H.R. 1859, the Housing Finance Reform Act of 2011, was filed amid a splash of headlines by Rep. John Campbell, R-CA, and co-sponsor Rep. Gary Peters, D-MI. The bill would empower the Federal Housing Finance Agency to issue charters establishing privately held and funded housing finance guarantee associations. The associations would be empowered to deal in conventional mortgages only for the purpose of...

Testifying before the House Financial Services Subcommittee on Capital Markets and GSEs this week, the head of the Federal Housing Finance Agency took issue with some of the proposed bills in the legislative package intended to wind down Fannie Mae and Freddie Mac. “I appreciate the effort in these and other bills to begin moving towards a final resolution of the enterprises in conservatorship, but I also recognize the critical and contemporaneous need to provide market participants with greater clarity and assurance about the ultimate role of the government in housing finance beyond the issues surrounding the enterprises,” said...

The Federal Housing Finance Agency has gone to court in order to deal itself into a wrongful termination suit filed last year by a former Fannie Mae executive against the GSE. According to papers filed in the U.S. District Court for the District of Columbia, the FHFA sought a temporary stay of the lawsuit, citing its authority as Fannie’s conservator under the Housing and Economic Recovery Act of 2008. “The conservator’s participation will aid the parties and the court in resolving the issues presented in this action, including the issue of Fannie Mae’s status vis-à-vis the federal government as it relates to the plaintiff’s claims,” said the Finance Agency in...

During testimony this week before the Senate Banking, Housing and Urban Affairs Committee, housing trade association representatives warned lawmakers that the current efforts to wind down Fannie Mae and Freddie Mac must not disrupt the already fragile housing and secondary mortgage markets. National Association of Home Builders First Vice Chairman Barry Rutenberg told Senators that Fannie and Freddie should neither be converted to government agencies nor should their functions be completely turned over to the private market. Instead. NAHB supports making major changes in the structure and operations of the secondary mortgage market not unlike...