The Consumer Financial Protection Bureau, the Federal Housing Finance Agency and four other federal financial regulators issued a proposed rule this week that would implement minimum requirements for state registration and supervision of appraisal management companies. Mandated by the Dodd-Frank Act, the requirements would apply to states that voluntarily choose to establish an appraiser certifying and licensing agency with the authority to register and supervise AMCs. While there would be no penalty imposed on states that do not establish a regulatory structure for AMCs, these businesses would be barred from providing appraisals in such states. The provisions in the proposed rule are...

Expect a long and winding legal road to resolution of investor lawsuits challenging the Treasury Department’s “net worth sweep” of Fannie Mae and Freddie Mac earnings, warn legal experts. More than a dozen lawsuits filed against the government – including hedge funds Perry Capital and Fairholme Capital Management – are pending in federal district court in Washington, DC, and in the Court of Federal Claims. The shareholder plaintiffs allege that the Treasury’s change in the dividend structure of its preferred stock leaves the government-sponsored enterprises with no funds to pay dividends to junior shareholders. The complaints raise...

Speculation continues to grow concerning which nonbanks have looked at buying PHH Mortgage. Our sources caution that “looking” doesn’t mean a deal is close. PHH is based in Cherry Hill, NJ, not too far from Philadelphia. One advisor suggested we look at who has been flying in from points south.

Fannie Mae and Freddie Mac continue to develop their new common securitization platform in relative secrecy, although the concept has become a key component of mortgage-finance reform recently unveiled by the leadership of the Senate Banking, Housing and Urban Affairs Committee. Under the bill drafted by Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, the CSP would operate as a privately-owned utility through which single-family MBS would be issued, with or without the new explicit government guaranty. Regulated by the new overseer of the MBS market, the Federal Mortgage Insurance Corp., the platform would shepherd...

The agreement among Republicans, Democrats and the White House for the need to act and the heightened urgency to pass legislation before a potential shift in power after the mid-term elections could determine the outlook for housing reform legislation in 2014, according to analysts. Fannie Mae and Freddie Mac reform efforts in Congress and investor lawsuits are helping shape the housing debate this year, and the recently issued Johnson-Crapo draft legislation is the bill to watch going forward, said Bloomberg Industries analysts this week. The profitability of the two government-sponsored enterprises in 2013 not only fueled...

Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, finally delivered this week their long-awaited mortgage reform bill that provides for a wind down of Fannie Mae and Freddie Mac and create in their place a new mortgage insurance entity to act as a new federal backstop. The 442-page draft by the Chairman and Ranking Member of the Senate Banking, Housing and Urban Affairs Committee sets a five-year timeline to shut down the two GSEs, while creating the Federal Mortgage Insurance Corp., a utility that securitizes and guarantees mortgages.

Most industry observers expect it will be too tall of an order for Congress to finish the difficult task of enacting GSE reform in 2014 amid the high-stakes mid-term elections and with political control of the Senate up for grabs. However, some experts note that lawmakers, both Democrat and Republican, may become more open to compromise and horse trading closer to the end of the year if it means getting legislation to the President’s desk rather than risk starting over next year with a potentially GOP-controlled 114th Congress.

With the first quarter of the year nearly over, the Federal Housing Finance Agency has yet to indicate when, or even whether, it will issue its 2014 Conservatorship Scorecard. The agency debuted its scorecard in early March 2012 under then FHFA Acting Director Edward DeMarco as a means to implement in fuller detail the Finance Agency’s “strategic plan” for a post-Fannie Mae and Freddie Mac secondary market.

Fannie Mae and Freddie Mac have a liquidation value – excluding what they’ve already paid to the federal government – potentially well north of $200 billion, according to an independent evaluation conducted on the two GSEs.The report, conducted by Alvarez & Marsal, concluded that if the two GSEs are eventually liquidated, the federal government could reap $170 billion to $234 billion in net proceeds. Fannie Mae and Freddie Mac have a liquidation value – excluding what they’ve already paid to the federal government – potentially well north of $200 billion, according to an independent evaluation conducted on the two GSEs. The report, conducted by Alvarez & Marsal, concluded that if the two GSEs are eventually liquidated, the federal government could reap $170 billion to $234 billion in net proceeds.

New master policies announced recently by the Federal Housing Finance Agency for private mortgage insurers may not provide the touted improvements or additional clarity, warned attorneys with Reed Smith’s Insurance Recovery Group. The revised MI master policy requirements are designed to ensure consistent and reliable MI coverage for greater operational efficiency and transparency in the mortgage market. They are supposed to improve and clarify the various rights and ...