The False Claims Act could potentially apply to Fannie Mae and Freddie Mac loans in the future, thanks to increased GSE cases and a broadened claim definition. The risk of the Department of Justice applying the FCA to GSE loans may seem remote, said Andrew Schilling, partner with BuckleySander LLP, but he isn’t counting it out. …
Commercial banks and savings institutions continued their buying spree in the MBS market during the fourth quarter of 2015, according to a new ranking and analysis by Inside MBS & ABS. Banks and thrifts held a record $1.644 trillion of residential MBS in their available-for-sale and held-to-maturity portfolios as of the end of last year. That was up 2.2 percent from the third quarter and represented a 6.8 percent gain over 12 months. All of the increase came...[Includes two data tables]
The Bank of New York Mellon, acting as trustee, has petitioned the New York State Supreme Court for instructions for paying out Bank of America’s $8.5 billion cash settlement with Countrywide MBS investors, which could potentially alter the order of payment, according to an analysis by Moody’s Investors Service. The governing MBS documents and the settlement agreement are complicated, nuanced and ambiguous, the rating service noted. Without guidance from the state court, BNYM, as trustee for 530 RMBS trusts, could decide on a payout that could favor certain bondholders unexpectedly. The massive payout has been delayed...
Federal Housing Finance Agency Director Mel Watt recently dished on the mounting challenges that come with Fannie Mae and Freddie Mac being in conservatorship for eight years and reiterated his unease about declining capital buffers. He said the prolonged conservatorship makes it difficult to plan for the future when much is uncertain. “Some of the challenges and risks we are managing are escalating and will continue to do so the longer the enterprises remain in conservatorship,” said Watt, speaking at the Bipartisan Policy Center in Washington, DC, this week. The most serious risk is the GSEs’ lack of capital, according to the former North Carolina congressman, who pointed out that on Jan. 1, 2018, Fannie...
Fannie Mae earned $2.47 billion in the fourth quarter, according to its earnings statement released this week, a 25.9 percent increase from the previous quarter. The GSE attributes that rise to an increase in longer-term interest rates. For the full year 2015, Fannie’s income declined to $11.0 billion from $14.2 billion in 2014. The GSE said the decline was partially the result of a reduction in income from settlement agreements and increased expenses relating to its single-family foreclosed properties. Fannie plans to send $2.9 billion in dividend payments to the U.S. Treasury by the end of March. When that dividend payment is made, the GSE will have returned $147.6 billion to the government versus draws of...
Freddie Mac reported earning $2.16 billion in its fourth quarter earnings statement announced this week and a $6.38 billion profit for all of 2015, slightly less than the $7.69 billion earned the previous year. But its net interest income, which includes guaranty fee income, rose 4.8 percent to $14.95 billion.Unlike in the third quarter, when the GSE announced a $475 million loss due to hedging activities, this time around hedging losses were a non-event. Overall, Freddie booked $744 million in gains on its derivatives in the fourth quarter. Freddie noted that the shift was primarily due to an increase in long-term interest rates during the period as opposed to a decrease as witnessed in the third quarter.