The mortgage banking industry is backing a legislative proposal that would limit the government’s use of the False Claims Act to pursue hefty damages against FHA lenders. In a recent letter to the bill’s co-sponsors, the Mortgage Bankers Association expressed its strong support for H.R. 5993, the Fixing Housing Access Act of 2018. The MBA noted that originating FHA-insured loans has become very risky in recent years largely due to the civil actions brought by the Department of Justice under the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Fifty-four FCA and FIRREA cases against financial institutions have settled for billions of dollars between July 2011 and January 2018, according to data compiled by the Buckley Sandler law firm. Four cases are pending and one civil penalty award was reversed on appeal. Those lenders who were on the ...

The White House’s broadly phrased proposal to make Fannie Mae and Freddie Mac private corporations again and make explicit the government’s guarantee of their mortgage-backed securities caught industry observers by surprise.

Just as optimistic talk of GSE reform was fading, in a surprise move late this week the Trump administration revealed a proposal to end the 10-year conservatorship. The gist of it is to reduce the GSEs’ footprint in the housing market through more competition and provide an explicit U.S. guarantee on conventional mortgage-backed securities that is separate from the federal support for low- and moderate-income borrowers.The three-page proposal, billed as a reorganization plan, is part of a larger “Delivering Government Solutions for the 21st Century” publication revealed on June 21. “This proposal would reorganize the way the federal government delivers mortgage assistance and go beyond...

The Treasury Department wants to reduce the GSEs’ footprint in the mortgage market, according to Treasury Counselor Craig Phillips. He also reiterated, about a week before the administration formally published its thoughts on reform (see story page 3), that ultimately the goal is to take Fannie Mae and Freddie Mac out of conservatorship. He said that at 70 percent the federal share of housing is clearly far too high. The Treasury official spoke at a Bank of America Merrill Lynch mortgage and housing finance conference in New York last week that was closed to the press. BAML provided a report on his remarks.

The Federal Housing Finance Agency’s proposed new risk-based capital requirements for the GSEs released last week has some industry participants asking the regulator to take it a step further. Although the $180.9 billion combined capital requirement won’t go into effect now and is merely an example of what would be if Fannie Mae and Freddie Mac were not in conservatorship, the FHFA is seeking comment on the proposal. Capital requirements for the duo have been suspended since the 2008 conservatorship, but FHFA Director Mel Watt said it’s important for the regulator “to articulate our views on capital requirements and to start a healthy discussion about the amount of capital the enterprises should have to appropriately shield taxpayers from assistance.”

Fitch Accepts GSE Valuation Tools in New RMBS Criteria. Fitch Ratings updated its residential mortgage-backed securities criteria to allow Fannie Mae’s Collateral Underwriter and Freddie Mac’s Loan Collateral Advisor to be used as third-party support of original appraisal in U.S. RMBS transactions. This allows for use of CU or LCA in support of appraisals for conforming and non-conforming loans that are less than two years old and are secured by one-unit single-family properties. FHFA’s Fifth NPL Sales Report. Fannie Mae and Freddie Mac sold 90,921 nonperforming loans with a total unpaid principal balance of $17.4 billion through Dec. 31, 2017, according to the most recent NPL sales report. NPLs sold had average...

The Trump administration late this week published its thoughts on ending the conservatorships of Fannie Mae and Freddie Mac, aiming to reduce their role in the housing-finance market – while providing an explicit U.S. guarantee on conventional MBS.

Bipartisan legislation was introduced recently in the House to addresse problems arising from the use of the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act in the context of mortgage insurance claims. Co-sponsored by Reps. Josh Gottheimer, D-NJ, and Lee Zeldin, R-NY, the bill would provide certain restrictions and clarifications on false claims and civil actions related to loans with FHA, VA or U.S. Department of Agriculture guarantee. H.R. 5993, the Fixing Access to Credit Act of 2018, has been sent to the House Financial Services Committee and to the House Committee on the Judiciary. A Civil War statute, FCA seeks to deter fraud against the government by providing hefty penalties for violations and establishing a 10-year statute of limitations to file civil claims. Enacted in the wake of the savings and loan debacle in the 1980s, FIRREA outlawed abusive lending and ...

One policy issue that could land on FHA Commissioner Brian Montgomery’s desk soon is whether potential borrowers who were granted temporary status under the Obama-era Deferred Action for Childhood Arrivals are eligible for FHA-insured loans. Mortgage lenders are divided on the issue and may soon ask the newly installed head of the FHA for guidance, said Brian Chappelle, a mortgage industry consultant. President Obama created the DACA program in 2012 to allow undocumented immigrant children to stay temporarily in the U.S. for two years without fear of deportation. They have an opportunity to renew their DACA status towards the end of their second year. To qualify for DACA, the undocumented child must have arrived in the country before they were 16 years old or be younger than 31 on June 15, 2012. They must have lived continuously in the country since June 2007. A person protected under DACA is ...

The Trump administration is likely to play a more active role in reducing the footprint of the government-sponsored enterprises in 2019, according to administration officials and industry analysts. Mel Watt’s term as director of the Federal Housing Finance Agency is set to end in January, allowing Trump to appoint a new director. The new director will likely take actions that are aligned with the Treasury Department’s goals for Fannie Mae and Freddie Mac, according to industry analysts ...