Consumer Financial Protection Bureau Director Richard Cordray came under sustained partisan criticism from Republicans on the House Financial Services Committee this week over the joint National Mortgage Database the CFPB is working on with the Federal Housing Finance Agency. “We have learned since Director Cordray was last before the committee that the joint database project by the CFPB and the FHFA will undeniably collect personally identifiable information on millions of Americans in the National Mortgage Database,” said Committee Chairman Jeb Hensarling, R-TX. “I’m not speaking merely of names, addresses and phone numbers – though the database will certainly include those – but shockingly also people’s Social Security numbers, their race, religion, personal financial information, and even the GPS coordinates of their homes. If this is not considered personally identifiable information by the CFPB, then I don’t know what is.” A breach of this database could cause...

The Department of Housing and Urban Development recently submitted to the Office of Management and Budget a draft final rule that would determine how the controversial national Housing Trust Fund would work. It remains highly uncertain that the trust fund will ever get any money; one potential source is annual contributions by Fannie Mae and Freddie Mac. The Federal Housing Finance Agency under former Acting Director Ed DeMarco determined that the government-sponsored enterprises would not contribute to the fund, but housing advocates and Democrats on Capitol Hill have called for that decision to be reversed. In its annual strategic plan released earlier this year, the FHFA said...

As one jumbo participant put it: “More is good.” Redwood Trust also is working on a deal, industry officials said.

Although the Wells Fargo-Ocwen MSR transfer is still on hold, other institutions continue to trim their mortgage servicing portfolios.

Fannie Mae and Freddie Mac can be rehabilitated and returned to the private sector, with or without Congressional action, an expert noted this week, adding his voice to the growing chorus of those calling to retain the GSEs. Speaking at a GSE forum sponsored by Investors Unite, Joshua Rosner, managing director at Graham Fisher & Co., said that GSE reform “shouldn’t reinvent a wheel that has driven the secondary market successfully for generations.”

Redwood Trust late this week unveiled a three-year agreement with the Federal Home Loan Bank of Chicago whereby the real estate investment trust will purchase residential “high balance” loans from any member of the entire FHLBank system. The loans will be originated by members of the FHLBank system. Those lenders will then sell the mortgages to the Chicago FHLBank as part of the Mortgage Partnership Finance Program, which will then upstream the product to Redwood. The loans will have balances above the Fannie Mae/Freddie Mac loan limit of $625,500.

It would either require an act of Congress or a commitment from Fannie Mae’s and Freddie Mac’s regulator to bring the two GSEs out of government conservatorship, depending on which expert you believe, and perhaps who is heading the Treasury Department. Investment banker Jim Millstein is once again pushing for a plan to deal with the future of Fannie and Freddie, saying the two GSEs should be allowed to rebuild capital. In a recent report, Millstein – who at the Treasury Department oversaw the restructuring of bailed-out insurer American International Group – says if the two firms are allowed to recapitalize, they could create a cash cushion that can be placed in front of Treasury’s existing backstop.

Massachusetts Attorney General Martha Coakley last week filed suit against Fannie Mae, Freddie Mac and their regulator, the Federal Housing Finance Agency, alleging that the GSEs are violating state law by failing to let non-profits buy foreclosed homes to sell them back to their former homeowners. In 2012, Massachusetts lawmakers passed An Act to Prevent Unnecessary and Unreasonable Foreclosures, which prohibits creditors from blocking or placing conditions on home sales to non-profits that intend to resell those properties back to their former owners. The AG’s complaint, filed in Suffolk Superior Court, says the GSEs failed to comply with the Bay State law by “blocking foreclosure buyback programs” designed to help residents keep their homes.

Attorneys for Fannie Mae and Freddie Mac junior shareholders have doubled down in their assertions that the government had no authority to initiate a “net-worth sweep” of nearly all GSE profits. They say a federal court should not only decline Uncle Sam’s recent motion to dismiss but also “vacate the illegal sweep amendment.” In a joint rebuttal motion filed last week in the U.S. District Court for the District of Columbia, attorneys for Perry Capital and Fairholme Funds note that in attempt to evade judicial scrutiny, the Treasury Department and the Federal Housing Finance Agency raise “a host of frivolous and irrelevant challenges” to the plaintiffs’ legal standing while ignoring investors” core assertion that the 2012 sweep was illegal.

A noted GSE hawk successfully pushed through a legislative amendment that would block Fannie Mae and Freddie Mac from paying into the National Housing Trust Fund “at a time when they still owe money to the American people.” The amendment by Rep. Ed Royce, R-CA, to H.R. 4745, the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of 2015, would prohibit the GSEs from using funds for the NHTF, which was established under the Housing and Economic Recovery Act of 2008.