Recent procedural rulings in Federal Housing Finance Agency lawsuits against non-agency MBS issuers and underwriters again favored the conservator of the government-sponsored enterprises, prompting some to speculate that issuers will move to settle the lawsuits. Meanwhile, a number of other MBS-related litigation developments continue to pile up. U.S. District Judge Denise Cote is overseeing 16 cases filed by the FHFA against non-agency MBS issuers and underwriters regarding non-agency MBS purchased by the GSEs between 2005 and 2007. The FHFA alleges misrepresentations by the issuers and underwriters on the MBS. Last week, Cote dismissed...

Look for the 113th Congress and to a lesser extent a second-term Obama administration to become more engaged in seeking a resolution to Fannie Mae’s and Freddie Mac’s future role in the mortgage market, although implementation of such a solution remains years away, say industry observers. In the short term, following a hard-fought 2012 election that left the balance of power and the political party makeup unchanged, official Washington will be primarily focused on averting the looming “fiscal cliff” of tax hikes and automatic spending cuts.

Speculation abounds across Capitol Hill and within mortgage industry circles about how long the “temporary” head of the Federal Housing Finance Agency will remain at his post following the post-election shake out. However, it remains to be seen whether President Obama, flush from re-election, will seek a replacement for FHFA Acting Director Edward DeMarco, either by nominating a permanent agency director to the Senate or by the more politically problematic recess appointment.

In the wake of last week’s election, two congressional committees key to mortgage and housing issues face significant reorganization while the pending fiscal crisis will cause execution of Fannie Mae and Freddie Mac policy to remain on the backburner before lawmakers begin to reexamine GSE reform in earnest.The hard-fought electoral contest resulted in the status quo with Democrats in control of the White House and Senate, while Republicans retain their hold on the House. The House Financial Services Committee was poised for a leadership change no matter which political party prevailed with current chairman Spencer Bachus, R-AL, term-limited by House Republican Conference rules.

Fannie Mae and Freddie Mac announced last week that servicers are permitted to suspend evictions and foreclosures for borrowers affected by Hurricane Sandy for 90 days in order to assess homeowners’ situations. Immediately following the Oct. 28-29 hurricane, the GSEs had reiterated their policy on mortgage relief to borrowers located in jurisdictions declared by the president to be major disaster areas.

Fannie Mae and Freddie Mac each emerged from the third quarter of 2012 with a healthy profit, reporting a combined $4.74 billion in net income, a 41.7 percent decline from the second quarter but still well enough into the black to forgo taxpayer assistance to stay solvent. Fannie’s third quarter net income of $1.81 billion compared to a net loss of $5.1 billion in the same quarter a year ago but much more in line with the $2.72 billion it earned during the first quarter of 2012.

Democrat-sponsored, White House-approved legislation in the Senate to expand the Home Affordable Refinance Program has made the short list of bills to be considered during the post-election, lame-duck session of the 112th Congress. However, industry insiders say its final passage remains a tall order and the proposed HARP 3.0’s ultimate effectiveness is an open question.

The Federal Housing Finance Agency should “immediately withdraw” its proposal to impose additional, upfront guaranty fees on Fannie Mae and Freddie Mac mortgages in states that have unusually slow foreclosure timelines because it unfairly penalizes homeowners with higher costs for forces beyond their control, according to Connecticut’s congressional delegation. The Nutmeg State’s five congressmen and two senators dispatched a letter to the Finance Agency this week urging the FHFA to scrap its proposal issued in September targeting five states – Connecticut, Florida, Illinois, New Jersey and New York – for an additional, one-shot guaranty fee of between 15 and 30 basis points in 2013.

MGIC Investment Corp. announced last week it will pay Freddie Mac $267.5 million to settle their prolonged dispute over pool mortgage insurance coverage. The settlement was a condition set by the GSE to allow a new unit of MGIC to underwrite mortgages in seven states, though the MI said it won’t sign the deal until Freddie approves MGIC’s newly capitalized unit to write insurance.

The Federal Housing Finance Agency so far continues to bat 1.000 in court in its multiple lawsuits against non-agency mortgage-backed securities issuers for allegedly misrepresenting deals that were sold to Fannie Mae and Freddie Mac. This week, Judge Denise Cote of the U.S. District Court for the Southern District of Manhattan rejected motions to dismiss by Goldman Sachs Group Inc. and Deutsche Bank, in the defendants’ latest effort to make the FHFA’s massive legal action go away. In separate motions, Judge Cote rejected Deutsche’s and Goldman’s claims that the FHFA’s allegations are inadequate to support the agency’s claims of fraud.