A Miami-based investment management firm is accusing the boards of directors of Fannie Mae and Freddie Mac of failing in their fiduciary responsibilities to the holders of the government-sponsored enterprises’ junior preferred and common stock. Fairholme Capital Management, one of the largest holders of junior preferred stock of the GSEs, says the boards need to improve their corporate governance. “At present, you remain...
Morgan Stanley has agreed tentatively to pay $275 million to the Securities and Exchange Commission to resolve an investigation into certain subprime MBS which the company sponsored and underwrote in 2007. The SEC has yet to sign off on Morgan Stanley's settlement proposal, which includes being charged for violation of federal securities laws and payment of disgorgement and penalties totaling $275 million without admitting to or acknowledging any wrongdoing. In an annual SEC filing, the New York-based bank said...
Issuance of mortgage-backed securities with a Ginnie Mae guaranty fell in the fourth quarter, with most issuers showing significant decreases from the previous quarter. Ginnie Mae issuances saw a hefty 28.0 percent decline quarter over quarter, with the top five issuers -- Wells Fargo, Chase Home Finance, PennyMac, Freedom Mortgage and Quicken Loans -- recording substantial decreases during the period. There is speculation that slower FHA refinancing activity, FHA policy changes and the premium hike that took effect in June last year might have caused the decline in Ginnie Mae issuance. Ginnie Mae data showed monthly issuance peaking in June at $41.0 billion, progressively dropping over the next few months and finally settling at $22.3 billion at the end of December. Ginnie Mae MBS issuances totaled $393.2 billion in 2013, down 2.4 percent compared to 2012 business. The FHA share of issuances was ... [including one chart]
The Civil Division of the U.S. Attorney's Office for the Eastern District of New York is investigating Bank of America's compliance with the requirements of the FHA's Lender Direct Endorsement program. BofA disclosed the investigation in its recent filing with the Securities and Exchange Commission but withheld details. Department of Justice investigations of FHA-related fraud are based typically upon an alleged violation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and/or the False Claims Act (FCA). Civil monetary penalties under FIRREA could go as high as $1.1 million per violation while treble damages are potentially available for FCA claims. Both laws have a 10-year statute of limitation. As a direct endorsement lender, BofA is authorized to originate, underwrite and certify loans for mortgage insurance without further reviews by the FHA or the Department of Housing and Urban Development. If the loan defaults, the holder of the loan may ...