Mortgage industry groups are urging the U.S. Supreme Court to pay close attention to the wording of the Fair Housing Act – specifically phrasing that’s not in the 1968 law – in deciding whether fair lending charges can be brought on the basis of disparate impact. In an amicus brief filed in the case of Magner v. Gallagher, mortgage trade groups said the Fair Housing Act “requires proof of intentional discrimination and does not envision a violation based on disparate impact.” The brief was filed by K&L Gates on behalf of the Independent Community Bankers of America, the Consumer Mortgage...

The Federal Housing Finance Agency’s announcement last week that Fannie Mae and Freddie Mac will increase their guarantee fees on new single-family MBS is likely just the first step in a progression of fee hikes over the next two years, MBS analysts predict. The across-the-board 10 basis point increase in guarantee fees for single-family MBS will take effect April 1, according to announcements by the two government-sponsored enterprises this week. The fee hike implements provisions in the Temporary Payroll Tax Cut Continuation Act of 2011, H.R. 3765, passed by Congress and signed by...

Congress has approved legislation directing the Department of Housing and Urban Development to raise FHA mortgage insurance premiums by 10 basis points within the next two years. The FHA premium increase provision was a late addition to the contentious payroll tax cut extension bill, corresponding to an intensely debated 10 bps increase in guarantee fees charged by Fannie Mae and Freddie Mac on single-family mortgage-backed securities. H.R. 3765, the Temporary Payroll Tax Cut Continuation Act of 2011, was approved by unanimous consent in the House and was previously cleared by the Senate. It extends...

While Congress debated the payroll tax cut extension, a tax provision allowing homeowners to deduct private mortgage insurance premiums from their annual federal tax bill quietly expired on Dec. 31. Consequently, mortgage loans with private MI that closed on or after Jan. 1, 2012, will no longer be able to use the deduction, unless Congress passes a bill that extends the deduction through next year retroactive to the beginning of 2012. It is a lapse that occurs almost every year, according to MI industry participants. Tax deductibility of MI premiums is part of a huge legislative package...

Fannie Mae and Freddie Mac this week advised lenders that they will increase the guarantee fees they charge on all mortgage products by 10 basis points starting April 1, the result of a money-raising scheme enacted by Congress in the waning hours of the 2011 legislative session. A 10 bps point hike in fees charged by the government-sponsored enterprises may have a nominal effect at first, but the long-term implications are more significant. Politically, the increased fees will not be used to cover losses incurred by Fannie and Freddie – or even to repay the government’s costs incurred to...

Congress has approved legislation mandating an FHA premium increase of 10 basis points, corresponding to an increase in fees charged by Fannie Mae and Freddie Mac for placing guarantees on cash flows to mortgage-backed securities investors. The increases were in the Temporary Payroll Tax Cut Continuation Act of 2011, which was approved by the House on Dec. 23 by unanimous consent and previously cleared by the Senate. In addition to raising guarantee fees charged by the two government-sponsored enterprises, the new law requires the Department of Housing and Urban Development to raise FHA annual...

President Obama this week moved to break a GOP blockade in the Senate by making a recess appointment of Richard Cordray to become director of the Consumer Financial Protection Bureau, a political maneuver that defies 20 years of precedent and may set the stage for a legal challenge. The Obama administration claimed that it is fully within its Constitutional authority to place the new director into his position, dismissing as a gimmick the pro-forma sessions Republicans used to block the nomination. A number of consumer groups came out in support of the appointment. The president’s allies in Congress were...

Risk-sharing programs that have already been tested and proven effective could be dusted off and made the focal point of efforts to steer the mortgage finance system to a more sustainable, less volatile foundation, investors say. There is widespread agreement that private capital needs to play a much greater role in the mortgage finance system that has been dominated by Fannie Mae, Freddie Mac and the government mortgage-insurance programs since the financial crisis of 2008. There is no consensus on how to do that, and little likelihood that Congress will agree to a solution any time...

Industry trade groups, as well as Fannie Mae and Freddie Mac’s regulator, are questioning the wisdom of Congress as lawmakers in both chambers have bills pending to hike the fees charged to guarantee GSE mortgages as a way to help offset the cost of extending the payroll tax cut through 2012.Both House and Senate versions of tax cut extension bills would add an additional 10 basis points to the guarantee fees charged by Fannie and Freddie through 2021. The increase would offset about $35.7 billion in costs, including $1.3 billion in the first year, according to the Congressional Budget Office.As Inside the GSEs went to press, the prospect of any tax cut extension was in doubt after the House rejected the bill calling for a two-month extension. Instead, House Republicans demanded immediate talks with the Senate on a year-long plan but the Senate ruled out further negotiations until the House passes the stop-gap measure.

The Federal Housing Finance Agency last week filed suit against the city of Chicago claiming that its attempt to enforce a recently amended vacant buildings ordinance on properties owned by Fannie Mae and Freddie Mac “impermissibly encroaches” on the FHFA’s role as sole regulator of the GSEs.Filed in the U.S. District Court for the Northern District of Illinois, the FHFA’s lawsuit on behalf of the two GSEs seeks to prevent the city from enforcing the ordinance which requires mortgagees to pay a $500 registration fee for vacant properties and requires monthly inspections of mortgage properties to determine if they are vacant. "The ordinance would impose on the enterprises the responsibilities, but not the benefits of ownership of vacant property on which they hold the mortgage,” said the FHFA in a statement. “The ordinance would create risks and liabilities for the enterprises at a time when they are already supported by taxpayers, including those in the city of Chicago.”