Fannie Mae and Freddie Mac shareholders would fall to the very back of the line of creditors under the terms of a new rule submitted to the Federal Register by the Federal Housing Finance Agency.The FHFA’s final rule follows up on its proposed rule released last year to codify the Finance Agency’s terms of conservatorship and receivership operations for Fannie, Freddie and the Federal Home Loan Banks.

Fannie Mae and Freddie Mac’s management and decision making authority, both present and past, would be subject to special Congressional scrutiny under a bill filed by Rep. Marcy Kaptur, D-OH, earlier this month.The bill, H.R. 2093, would establish the Fannie Mae and Freddie Mac Investigative Commission, composed of eight congressional lawmakers, to examine the practice, decisions and policies of the two GSEs that affect the financial stability of the mortgage firms.

Debt issuance for Fannie Mae, Freddie Mac and the Federal Home Loan Banks declined during the first three months of 2011, while Freddie recorded an increase in new debt in the first quarter.The GSEs collectively issued $707.6 billion in new debt during the first quarter, a 9.9 percent decline from the previous quarter, while total GSE debt outstanding at $2.222 trillion declined 1.8 percent from the previous quarter.

Fannie Mae is sweetening the incentives for its HomePath properties to both homebuyers and real estate agents in an effort to hasten the sales pace of the GSE’s real-estate owned inventory.Through Oct. 31, Fannie is offering homebuyers up to 3.5 percent of the final sales price to put toward closing costs while selling agents representing the owner-occupant buyer would receive a $1,200 bonus under the incentive plan.

Fannie Mae is loosening its loan modification requirements regarding “imminent default” by changing its requirements for evaluating a borrower’s financial condition for consideration of a loan modification.According to Announcement SVC-2011-06, the GSE’s revised policy would make the Home Affordable Modification Program less stringent by including non-HAMP modification evaluations for borrowers who are either current or in default but less than 60 days delinquent.

A federal judge in Washington dismissed a class action lawsuit over the Home Affordable Modification Program this week, ruling that a group of New York homeowners lacked the standing to sue their mortgage servicer, as well as Fannie Mae and the Treasury Department.

Four more executives have been handed down jail terms for their role in a $2.9 billion fraud scheme that defrauded Freddie Mac, among others, and contributed to the failures of Colonial Bank and Taylor, Bean & Whitaker.

The Federal Housing Finance Agency’s failure to recognize and quickly provide law enforcement authorities with information about allegations of fraud and other potential criminal conduct presents a “significant risk” for the agency and the government-sponsored enterprises it regulates, concluded the FHFA’s watchdog. The Office of the Inspector General of the FHFA this week issued...

Federal Roundup Federal Reserve Board TILA/HOEPA fee-based triggers. The total points and fees payable by borrowers utilizing certain closed-end home mortgages at or before closing that trigger additional disclosure requirements under the Truth in Lending Act and the Home Ownership and Equity Protection Act have been raised to $611 or 8 percent of the total loan amount, the Federal Reserve Board announced in the June 20, 2011, Federal Register. The effective date is Jan. 1, 2012... MORE

The non-agency sector could benefit from an increase in the government-sponsored enterprises’ guarantee fees long before GSE reform is completed. Industry observers suggest that implementation of GSE reform is years away, while an increase in g-fees is much more likely in the near-term. “We may still be waiting for comprehensive GSE legislation a decade from now,” said Steven Abrahams, an analyst at Deutsche Bank Securities. “But regulators in the meantime plan to reshape the GSEs by slowly pricing them out of the market.” The average total guarantee fee charged by...