With a lack of consensus from industry participants, let alone members of Congress, regarding how to reform the government-sponsored enterprises, the risk-sharing transactions implemented by the GSEs in recent years are seen as one possible model for increasing private capital investment in the mortgage market. Stanford Kurland, chairman and CEO of PennyMac Financial Services, suggested that the predominant risk-sharing transactions used by Fannie Mae and Freddie Mac have significant limitations. In an opinion piece published last week in the American Banker, Kurland said front-end risk-sharing “should be a bridge to long-term reform.” The main risk-sharing efforts completed by the GSEs are...

The Senate this week approved by unanimous consent a narrow bill to reverse hefty pay hikes for the chief executive officers of Fannie Mae and Freddie Mac. A similar bill cleared the House Financial Services Committee this summer with heavy bipartisan support, and the White House has signaled it has no objections to the measure. But the Senate steered clear of more controversial proposals regarding the two government-sponsored enterprises, including language sought by Sen. Bob Corker, R-TN, barring the Department of Treasury from selling its senior preferred stock in the GSEs without approval from Capitol Hill. According to reports, Sen. Sherrod Brown, D-OH, put...

The real estate finance industry is not opposed to more simplified mortgage disclosures for consumers. But the Consumer Financial Protection Bureau’s integrated disclosure rule as it’s now written will cost the industry billions of dollars every year, one industry official warned. The rule, intended to harmonize and integrate the disclosures required under the Truth in Lending Act and the Real Estate Settlement Procedures Act, is slated to become effective on Oct. 3, 2015, a scant two weeks away. “If left and implemented as is, TRID will require...

As they approach their eighth year in conservatorship, Fannie Mae and Freddie Mac generate a lot of revenue for the government and dominate the conventional-conforming mortgage market. But both GSEs are forced to hold less and less capital, and a bad quarter or two could force another round of bailouts. Aside from lawsuits by disgruntled GSE shareholders, pressure appears to be growing for a new approach that would allow the two to rebuild their capital. According to reports, Rep. Mick Mulvaney, R-SC, may introduce such a bill in one of the least hospitable places it could land, the House Financial Services Committee.

As they approach their eighth year in conservatorship, Fannie Mae and Freddie Mac generate a lot of revenue for the government and dominate the conventional-conforming mortgage market. But both government-sponsored enterprises are forced to hold less and less capital, and a bad quarter or two could force another round of bailouts. Aside from lawsuits by disgruntled GSE shareholders, pressure appears to be growing for a new approach that would allow the two to rebuild their capital. According to reports, Rep. Mick Mulvaney, R-SC, may introduce such a bill in one of the least hospitable places it could land, the House Financial Services Committee. As of press time Mulvaney’s office has not returned...

The Oct. 3, 2015, effective date for the Consumer Financial Protection Bureau’s integrated disclosure rule is just weeks away, leaving the mortgage industry a shrinking window of time in which to convince members of Congress and the White House to provide regulatory relief. Although Republicans likely have enough votes to force a multi-prong regulatory relief bill through both chambers of Congress, the Obama administration appears to remain opposed, even if the White House has been sitting on the sidelines and completely disengaged. “On the TRID [implementation] extension, there’s...

Members of the U.S. Senate and House of Representatives are returning to Washington, DC, this week, after their August recess concluded with the Labor Day holiday weekend. That means mortgage industry officials have less than one month to convince Congress and the Obama administration to sign off on regulatory relief from the CFPB’s pending TILA-RESPA Integrated Disclosure (TRID) rule, which kicks in Oct. 3, 2015. Last week, the Mortgage Bankers Association began a grass-roots lobbying campaign urging its members to get in touch with their respective members of Congress to support legislation that would establish a temporary enforcement grace period and legal safe harbor under the TRID. “A temporary legal safe harbor for lenders will ensure the new requirements are ...

Legacy-era non-agency MBS litigation continues to be a ripe field of opportunity for U.S. regulators and industry attorneys alike, years after the financial crisis and Great Recession ended, thanks to some key recent judicial rulings. Late last month, Judge Alvin Thompson of the U.S. District Court for the District of Connecticut gave the green light to the Federal Housing Finance Agency to continue to pursue its claims against the Royal Bank of Scotland. The regulator for Fannie Mae and Freddie Mac alleged that RBS provided misleading statements related to $32.1 billion in RMBS the bank sold to the two government-sponsored enterprises between 2005 and 2008. The thrust of the FHFA’s complaint is...

The FHA is developing standards that would allow FHA financing on homes with existing Property Assessed Clean Energy liens going forward. Specifically, the guidance would require subordination of PACE financing to first-lien FHA mortgages. The FHA is also working on a monitoring mechanism to track the number of PACE loans with FHA insurance in the future, said a HUD spokesman. Mortgage market analysts say FHA’s action could lead to broader adoption of the PACE program for FHA-insured single-family homes. The Mortgage Bankers Association, in a statement, applauded the move. “This modification should allow some homeowners to install energy improvements in their home but not impede the rights of the first lien, something the original PACE program failed to consider,” said David Stevens, MBA president and CEO. PACE programs allow local governments to raise bond-funded financing to ...

A number of consumer-oriented organizations are urging members of Congress to defeat H.R. 1737, the “Reforming CFPB Indirect Auto Financing Guidance Act,” legislation they say would cripple the bureau’s ability to act against discriminatory auto lending practices. H.R. 1737, introduced this spring by Rep. Frank Guinta, R-NH, would require the CFPB to rescind its guidance from March 2013 regarding the fair lending risks associated with car dealer interest rate markups. The bill also would require the bureau to provide notice and take comments only for guidance related to auto lending through car dealers. Additionally, the legislation would make publicly available all information relied on by the CFPB, and redact any information exempt from disclosure under the Freedom of Information Act....