The Obama administration’s Residential MBS Working Group, set up in January to probe misconduct that drove the financial crisis, is apparently trying to tap the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to make such cases easier to bring. Although it hasn’t been used that much, the appeal of pursuing criminal investigations under FIRREA is apparently the relatively lower burden of proof than bringing more traditional criminal charges. Also, FIRREA has a longer statute of limitations than do other finance-related laws, along with the potential for large fines...

Losses from Fannie Mae and Freddie Mac’s single-family credit guarantee business declined in 2011, but remained high primarily due to credit-related expenses, notably the provision for credit losses, according to the Federal Housing Finance Agency. The FHFA’s fourth-quarter conservatorship report noted that the two government-sponsored enterprises’ combined revenues for single-family credit guarantees of $11 billion last year was more than offset by $40 billion in credit-related expenses. “Credit-related expenses continue to drive the single-family credit guarantee segment for the enterprises,” said...

The Consumer Financial Protection Bureau this week indicated it will be pulling out its disparate impact playbook as it launches an offensive against the providers of mortgage credit and other lenders it believes are engaging in discriminatory behavior towards consumers. “We want consumers to avoid the marketplace’s silent pickpocket – discrimination,” said CFPB Director Richard Cordray. “We cannot afford to tolerate practices, intentional or not, that unlawfully price out or cut off segments of the population from the credit markets.” In CFPB Bulletin 2012-04 (Fair Lending), the bureau asserted its...

Lenders should expect at least a short-term boost in profits from the Federal Housing Finance Agency’s recent tweaks to the Home Affordable Refinance Program, analysts say, but HARP 2.0’s long-run effectiveness to the pool of underwater borrowers remains an open question. Since January, the industry’s largest mortgage servicers, including Wells Fargo and JPMorgan Chase, have seen a significant uptick in new refinance applications for HARP 2.0. “This quarter should be one of the strongest quarters for mortgage banking we’ve seen in quite some time,” said FBR Capital Markets’ Paul...(Includes one data chart)

Mortgage lenders closed a record $28.31 billion in mortgages with Veterans Administration home loan guaranties during the first quarter of 2012, breaking the previous all-time high set in the fourth quarter of last year. VA lending has been going gangbusters over the past few years as FHA’s market share has gradually declined. In 2011, the VA program provided more new primary mortgage insurance coverage than the private MI industry for the first time ever since the birth of the private MI business. In 2011, the VA accounted for 22.0 percent of the primary MI market, and 26.0 percent in the...(Includes one data chart)

Some liberal interest groups are questioning whether the RMBS working group formed by federal and state enforcement agencies to coordinate securitization investigations is moving fast enough. In an email circulated earlier this week, CREDO, a progressive network, wrote that the Department of Justice has yet to deliver on its promise of 55 investigators to the RMBS working group. As federal and state enforcement agencies were wrapping up the contentious $25 billion settlement with five mortgage servicers in late January, U.S. Attorney General Eric Holder announced a new task force designed to “stream...

Fannie Mae, Freddie Mac and Ginnie Mae produced a solid $384.9 billion of new single-family MBS during the first quarter of 2012, including a surge in new issuance in March. But industry analysts said they had been bracing for more. Combined, the three agencies saw new single-family MBS production rise 14.0 percent from the fourth quarter of last year. Issuance in the opening round of 2012 was 12.9 percent ahead of the volume produced in the same period last year. It was the strongest quarter for new agency MBS since the end of 2010. Fannie dominated the agency market, accounting...(Includes one data chart)

New issuance of real estate mortgage investment conduits backed by agency MBS rose 6.8 percent from the fourth quarter of 2011 to the first three months of this year, about half the rate of increase in underlying MBS production, according to an Inside MBS & ABS ranking. Fannie Mae got the early lead with $33.5 billion in new REMIC production, a gain of 8.4 percent from the fourth quarter. Freddie Mac ranked second, but its REMIC volume was down 1.5 percent from the previous period and off 50.7 percent from year-ago levels. Ginnie Mae posted a significant 18.1 percent...(Includes one data chart)

Although Bank of America famously shut down its huge correspondent program last year, joining a trend already under way, only two thirds of home mortgages originated in 2011 were manufactured through “direct” channels by retail programs and mortgage brokers. Wells Fargo topped the ranking of direct mortgage originators with $209.8 billion in volume in 2011. That represented 15.5 percent of the industry’s total mortgage originations, significantly lower than the company’s 26.8 percent market share when correspondent production is included. Bank of America’s direct originations...(Includes two data charts)

Federally regulated banking institutions may now hang the “for rent” sign on houses in their portfolio of residential “other real estate owned” properties as an alternative to selling difficult to move OREOs, according to new guidance released by the Federal Reserve. Last week, the Fed issued a policy statement reiterating that federal statutes and its own regulations permit the rental of residential properties acquired in foreclosure as part of an orderly disposition strategy. “The general policy of the Federal Reserve is that banking organizations should make good faith efforts to dispose of...