A federal judge in New York last week rejected the motion by a trio of former Fannie Mae executives to dismiss a securities fraud civil lawsuit brought late last year against the top GSE officers by the Securities and Exchange Commission. In December 2011, the SEC filed suit in the U.S. District Court for the Southern District of New York alleging that former Fannie executives made material misrepresentations to the public, investors and the media about the government-sponsored enterprise’s exposure to subprime mortgage loans in 2007 and 2008. The SEC filed an identical parallel civil suit against Freddie Mac the same day. The SEC’s complaint against former Fannie executives Daniel Mudd (CEO), Enrico Dallavecchia (chief risk officer) and Thomas Lund (EVP for single family) alleges...

The Federal Housing Finance Agency’s public expression of “concern” last week about proposals to use the eminent domain powers of local governments to seize performing underwater mortgages might be enough to significantly delay or even derail the effort outright, say experts. The conservator of Fannie Mae and Freddie Mac and regulator of the 12 Federal Home Loan Banks warned that unspecified “action might be necessary” on its part “to avoid a risk to safe and sound operations” at the government-sponsored enterprises. “FHFA has significant concerns about the use of eminent domain to revise...

A number of nonbanks have increased their correspondent originations recently with plans to take more market share as the big banks focus on retail lending. Redwood Trust, PennyMac Mortgage Investment Trust, Homeward Residential and others have all touted their recent correspondent efforts, both for agency mortgages and non-agency originations. Since 2010, Redwood has used its conduit platform to supply...

The expanded Home Affordable Refinance Program saw a major surge in business activity during the second quarter of 2012, following a similar boom during the first three months of the year, but overall refi business appears to be slowing. The Federal Housing Finance Agency this week reported a huge 86.6 percent jump in HARP volume in June, mostly resulting from a new securitization option for refi mortgages with loan-to-value ratios exceeding 125 percent. Fannie and Freddie purchased some 53,758 of such loans during June, and they accounted for 24.9 percent of HARP business during the second quarter. There was also...[Includes two data charts]

The mortgage credit-enhancement business has been no place to be the past few years, but many observers think the market has touched bottom and is starting to come back. After hemorrhaging losses since 2008, the two biggest mortgage credit-enhancement providers – Fannie Mae and Freddie Mac – reported positive net income on their single-family guaranty businesses during the second quarter. The private mortgage insurance industry hasn’t gotten there yet. Fannie and Freddie reported...[Includes two data charts]

Fannie Mae and Freddie Mac each sold significantly more units of real estate-owned properties than the two GSEs took during the second quarter of 2012, a factor at least one of the companies says helped push it into the black during the April to June earnings period. Fannie reported its total inventory of REOs as of June 30, 2012, was 109,266 compared to 114,157 on March 31, selling nearly 5,000 more foreclosed homes than the GSE acquired. "Sales prices on disposition of our REO properties improved in the second quarter of 2012 as a result of strong demand,” explained Fannie in its second-quarter earnings report. “We received new proceeds from our REO sales equal to 59 percent of the loans’ unpaid principal balance in the second quarter of 2012, compared with 56 percent in the first quarter of 2012 and 54 percent in the second quarter of 2011.”

Freddie Mac’s government conservator is stepping up to shut down a potentially costly lawsuit filed against the GSE by the Mortgage Guaranty Insurance Corp. both by legal and by extra-legal means. Last month, the Federal Housing Finance Agency told a Wisconsin federal court that it lacks jurisdiction over the pool insurance suit the mortgage insurer filed against Freddie. Given that the suit would impede FHFA in its capacity as the GSE’s conservator, the court should dismiss MGIC’s suit, according to court papers filed by the Finance Agency on July 20.

Freddie Mac last week said it will tweak its eligibility requirements to be more in line with Fannie Mae and expand the pool of its borrowers eligible to refinance through the recently revised Home Affordable Refinance Program. Under Freddie’s Relief Refinance Mortgage Program – which includes HARP – the requirements for refinancing will be aligned for mortgages with loan-to-value ratios that are equal to or less than 80 percent. Fannie’s HARP refi program currently makes no distinction between loans that are above or below 80 LTV, while Freddie draws a line in a number of areas for borrowers going through HARP at their existing servicer.

Standard and Poor’s Rating Services has corrected its long-term issuer credit rating on the Federal Home Loan Bank of Seattle by lowering it from ‘AA+’ to ‘AA,’ S&P announced last week. “The rating reflects FHLB Seattle’s unchanged stand-alone credit profile of ‘A+’, plus two notches of uplift to reflect expected extraordinary government support if needed, according to our government-related entity criteria,” said the rating agency. “The S&P outlook on the bank remains negative and this correction did not affect the Seattle bank’s short-term ‘A-1+’ rating or the ratings on the consolidated obligations of the Federal Home Loan Bank System.”

The Federal Home Loan Bank Office of Finance announced last week that preliminary combined net income for the FHLBanks dropped 24.7 percent to $552 million in the second quarter of 2012, down from the $733 million in the first quarter but more in line with the $515 million earned in the fourth quarter 2011. The FHLBanks net income for the six months ended June 30, 2012, was $1.285 billion, an increase of $676 million or 111.0 percent compared to the same period in 2011, said the Office of Finance.“The FHLBank system continues to fulfill its mission to make available favorably priced wholesale funding to members while supporting the FHLBank system’s commitment to affordable housing,” said the OF. “In addition, the FHLBanks continue to strengthen the FHLBank system’s capital base through increased retained earnings.”