The majority of financial institutions defending themselves against a massive litigation initiative by the Federal Housing Finance Agency on behalf of Fannie Mae and Freddie Mac for toxic mortgage-backed securities purchased by the GSEs launched a counteroffensive this week by urging a federal appeals court to intervene in their favor against the “unfair” trial judge. Fifteen banks, including JPMorgan Chase, UBS Americas, Citigroup, Deutsche Bank and Bank of America, filed a joint petition with the Second Circuit Court of Appeals in New York complaining that U.S. District Judge Denise Cote has engaged in a “one-sided” approach designed to force a settlement rather than “foster fair and reasonable determination of the issues.”

The use of premium pricing to induce more borrowers to opt for FHA streamline refinancing may be a boon for FHA borrowers but clearly a bane for investors in Ginnie Mae mortgage-backed securities, according to Barclays Research analysts. There are indications that more FHA lenders are resorting to premium pricing, in which borrowers pay a higher mortgage rate in return for lowering the cost of obtaining the loan. Its use seems to be increasing, which also raises the risk of Ginnie Mae prepayments, said ...

It will take about five years for the new common mortgage securitization platform being developed by Fannie Mae and Freddie Mac to become fully functional, according to Edward DeMarco, acting director of the Federal Housing Finance Agency.Testifying before the House Financial Services Committee, DeMarco explained that the plan for a single MBS platform that would be run by a new government entity separate from Fannie and Freddie “does not mean we are consolidating the companies.” The platform would have its own CEO and chairman and office space separate from the two government-sponsored enterprises. It could, in time, be sold to the private sector, he said.

Nomura recently made a $78.0 million make-whole payment on one of its non-agency MBS deals that was enough to completely pay off the class A notes and reverse substantial realized losses on the class M1 and M2 securities, according to Barclays Capital. Such loan-level repurchases have been uncommon since topping out at about $6.0 billion in payments in 2007.

Banks and rating services have strong concerns regarding proposed revisions to the Basel securitization framework that would impact capital requirements for securities holdings. They warn that the proposal would discourage banks from participating in the securitization markets.In December, the Basel Committee on Banking Supervision proposed a revised securitization framework it said would make capital requirements more prudent and risk sensitive, mitigate reliance on external credit ratings and reduce the so-called cliff effects in capital requirements. The BCBS proposed two possible hierarchies for assigning capital, enhancements to current ratings-based approaches, and new approaches.

A federal judge this week tentatively dismissed most of the claims the National Credit Union Administration filed against Goldman Sachs regarding non-agency mortgage-backed securities. U.S. District Judge George Wu determined that the NCUA’s complaint was untimely unless the federal regulator could prove otherwise, according to an analysis by the Credit Union National Association. The Consumer Financial Protection Bureau published a preliminary list of counties exempt – in certain circumstances ... [Includes two briefs]

A federal employee union and the Department of Housing and Urban Development have agreed to implement a seven-day employee furlough because of a severe mandatory reduction in HUD’s budget in FY 2013. The seven furlough days, which also will affect FHA operations, will apply to HUD’s entire 9,100-person work force and will be spread out to one for each pay period beginning May 24. HUD initially proposed a 13-day furlough plan, which was to start May 10, but agreed to reduce it to seven days and to move the start date to May 24. Under an agreement between HUD and the American Federation of Government Employees Council 222, furlough days will occur on ...

Streamline refinancing helped boost FHA origination volume as lenders reported substantial increases on monthly and year-over-year bases, according to Inside FHA Lending’s latest analysis of FHA data. Despite increases in mortgage insurance premium and other policy changes aimed at reducing FHA market share and strengthening the Mutual Mortgage Insurance Fund, FHA endorsements were up 18.7 percent in January 2013 from December 2012, and a hefty 38.7 percent from January last year. However, FHA refis accounted for 54.3 percent of total production while purchase mortgages made up ... [1 chart]

Ginnie Mae servicing volume was up modest 1.5 percent in the fourth quarter of 2012 and 9.1 percent higher from the previous year, with some eye-popping increases reported by several servicers. The top servicers of Ginnie Mae mortgage-backed securities reported $1.31 trillion in government-backed mortgage debt outstanding in the fourth quarter, up from $1.29 trillion from the previous quarter. Wells Fargo led the pack with $407.2 billion after posting gains on a quarterly and year-over-year basis while second-place Bank of America recorded a total of ... [1 chart]

Most mortgage banking firms – both bank and nonbanks alike – have been posting record profits over the past year, creating the pleasant problem of what to do with all that cash. According to interviews conducted by Inside Mortgage Finance over the past few weeks, certain nonbank owners have been taking cash out of their companies, using the money to pay hefty tax bills. Others have been leaving money in the company and searching for ways to shelter income. One way to do that, according to some tax experts, is to retain originated servicing rights. This is...