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Feds Try to Keep Canning at Bay While Hensarling Targets Funds

March 25, 2013
The National Labor Relations Board announced earlier this month that it will not seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the District of Columbia affirmed that President Barack Obama’s Jan. 4, 2012, recess appointments of three members to the board were unconstitutional. “The board, in consultation with the Department of Justice, intends to file a petition for certiorari with the United States Supreme Court for review of that decision,” the NLRB said. The petition is due...
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Chow, Gibbs, Kaplan, Carley Announced as Regional Directors

March 25, 2013
The CFPB recently announced regional directors in its Office of Supervision Examinations. Edwin Chow, in the West region, is one of the founding staffers of the CFPB, and he joined the implementation team in September 2010. He brings 26 years of experience serving as acting regional director, regional deputy director, and assistant regional director with the Department of the Treasury’s Office of Thrift Supervision and the Federal Home Loan Bank Board San Francisco office. Anthony Gibbs, in the Midwest region, is the newest...
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BofA Motion to Dismiss FHFA Suit Over Countrywide MBS Rejected; State Judge Allows Allstate to Sue Three Banks

March 22, 2013
A federal judge in Los Angeles last week denied a motion by Bank of America’s Countrywide Financial unit to dismiss securities fraud claims by the Federal Housing Finance Agency on behalf of Fannie Mae and Freddie Mac for toxic MBS purchased by the government-sponsored enterprises.The FHFA’s complaint alleges that Fannie and Freddie purchased approximately $26.6 billion in residential MBS that Countrywide sold from Aug. 30, 2005, to Jan. 23, 2008. The agency alleges negligent misrepresentations and fraud related to the offerings of Countrywide MBS.
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Will Fannie and Freddie Preferred Shareholders Sue FHFA? / Home Equity Lending Market Still Hurting / FGMC of Maryland Expanding TPO / More Non-Legacy Deals from MountainView, IMA Hit the Market

March 22, 2013
The $93 billion question for Fannie Mae, Freddie Mac, and FHFA: what is a "deferred tax asset" and how can it be used, if at all?
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Role of Non-Agency Market Remains Uncertain

March 22, 2013
Members of Congress remain divided on the ability of the non-agency market to sufficiently take over some or all of the housing finance functions currently supported by the government-sponsored enterprises. While Republicans are in favor of a significant expansion of the non-agency market, Democrats are calling for some sort of government guaranty for the mortgage market. “Simply put, much of the private market has not been able to re-enter the market and compete with the federal government,” said ...
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Special Servicers Focus on Agency Mortgages

March 22, 2013
Nationstar Mortgage and Walter Investment Management have focused most of their recent efforts on acquiring agency mortgages and increasing originations of such loans. The shift is due to increased competition for nonperforming mortgages along with the small amount of non-agency mortgages originated since 2008. In January, Walter acquired Fannie Mae mortgage servicing rights with an unpaid principal balance of $128.0 billion from Bank of America and Residential Capital. The servicer said it is handling ...
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FHA Counselors’ Tax-Exempt Status Up for Review

March 22, 2013
The Internal Revenue Service is preparing to launch an industry-wide review of housing counseling agencies, including those approved by the Department of Housing and Urban Development, as well as other tax-exempt entities that provide mortgage foreclosure assistance, compliance experts warned. In fact, the IRS has started looking at providers that have applied for tax-exempt status in recent months and has denied three organizations in February 2013 alone, according to attorneys with the Washington, DC, law firm Venable. Housing counseling agencies can use the issues raised in the “private letter” rulings as a ...
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HUD, Union Agree on Seven-Day Furlough

March 22, 2013
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 ...
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Democrats Reintroduce FHA Solvency Bill

March 22, 2013
Legislation that would provide the FHA with tools to strengthen its finances and ensure its long-term solvency has been reintroduced in the House of Representatives. It is uncertain whether Republican leaders, given their concerns, would be willing to take up the Democrat-sponsored bill. The bill, the FHA Emergency Fiscal Solvency Act, would give the FHA more flexibility to take action against lenders that show excessive early default and claims rates. It would also authorize the FHA to require a mortgagee to indemnify the agency for improperly written loans. The bill’s co-sponsors, Rep. Maxine Waters, D-CA, and Rep. Michael Capuano, D-MA, hope for ...
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Refis Provide Boost to FHA Volume in 2012-2013

March 22, 2013
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]
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