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CHOICE Act 2.0 Would Retain, Restructure CFPB, Gut its Power

February 13, 2017
House Financial Services Committee Chairman Jeb Hensarling, R-TX, is looking to retain the CFPB, restructure key parts of the agency, and drastically limit its authority, Inside the CFPB has learned.According to a draft memorandum of the major changes to Hensarling’s Financial CHOICE Act, now dubbed CHOICE Act 2.0, the bureau “is to be retained and restructured as a civil law enforcement agency similar to the Federal Trade Commission, with additional restrictions on its authority,” as follows: Sole director, removable by the president at will. Rule-making authority limited to enumerated statutes. Unfair, deceptive acts or practices authority repealed in full. Supervision repealed. Consumer complaint database repealed.•Market monitoring authority repealed. Enforcement powers limited to cease-and-desist and civil investigative demand/subpoena powers....
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Trump Still Fishing for Cordray Replacement, But is it Smart?

February 13, 2017
President Trump has been in office nearly a month and CFPB Director Richard Cordray is still on the job, despite some early developments that suggested his days as head of the bureau are numbered under the new administration. The most recent headhunting expedition reportedly involved Brian Brooks, currently general counsel at Fannie Mae, who reportedly has close ties to Steve Mnuchin, Trump’s nominee for Treasury secretary, CNBC reported last week. Up on Capitol Hill, Republicans such as House Financial Services Chairman Jeb Hensarling, R-TX, and Sen. Ben Sasse, R-NE, a member of the Senate Banking, Housing and Urban Affairs Committee, both recently called on Trump to sack Cordray. “The bureau’s mission to prohibit ‘abusive practices’ sounds great. But all that ...
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Judge Rejects Government Efforts To Keep Docs Privileged

February 13, 2017
After the government stalled on a September ruling to turn over close to 60 documents regarding the GSEs’ net worth sweep, a judge rejected its appeal. The court ordered the government to disclose the bulk of the documents to the plaintiff’s attorneys in Fairholme Funds Inc. v. United States. The U.S. Court of Appeals ruled in favor of Fannie Mae and Freddie Mac investors, upholding Judge Margaret Sweeney’s earlier decision. The government is to release all…
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Are GSE Loan Sellers Finally Easing up on Credit Standards?

February 13, 2017
John Bancroft
In the purchase market, GSE sellers appeared to reach to qualify more borrowers…
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Money Manager Senator Investment Cuts Stake in Radian to Zero

February 13, 2017
Paul Muolo
Radian recently reported net earnings of $61.1 million for the fourth quarter…
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Short Takes: Mark Calabria, a Player in GSE Reform? / Don’t Worry, Commercial Banks Will Fill the Void / What’s an ‘Excess Reserve’ To Do? / Fed Governor Tarullo Calls it Quits

February 13, 2017
Paul Muolo
The Cato Institute is a conservative think tank and a quick read of Calabria’s blog makes it sound like he favors getting the government out of the MBS guaranty business...
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Are GSE Sellers Finally Easing Up On Credit Standards?

February 10, 2017
One month does not a trend make, but early indicators hint that mortgage lenders may be stretching the credit box to boost volume. Fannie Mae and Freddie Mac issued $91.71 billion of single-family mortgage-backed securities in January, a stiff 18.3 percent drop from the previous month. Some of the decline was the result of Fannie’s heavy volume in December, when its business flow was catching up from an unusually slow November. But mortgage interest rates have edged up, and there is widespread expectation in the industry that refinance volume in 2017 will drop sharply from last year. Higher rates could also tarnish a housing market that’s bumping up against affordability and supply issues.
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Reform Still a Treasury Priority, Weighing Administrative Options

February 10, 2017
Treasury secretary nominee Steve Mnuchin still has GSE reform high on his list, according to one of President Trump’s top economic advisors. Meanwhile, speculation abounds as to whether there’s an administrative solution to GSE reform absent any legislative action. After some back and forth on the topic since the announcement of Mnuchin’s nomination his subsequent comments on the GSEs, economic advisor Gary Cohen said in national media outlets late last week that GSE reform is definitely a priority for Mnuchin. In fact, he said that it’s something Mnuchin’s spent a lot of time working on. “Once he gets approved and confirmed, Steve will be taking that on as one of this early priorities. So we definitely have some plans...
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Fairholme Defends ‘Recap and Release’ Concept for GSEs

February 10, 2017
Fairholme Capital Management, in a new letter to clients, once again lays out its argument for investing in Fannie Mae and Freddie Mac stock, but also takes a subtle, but polite, swipe at those opposed to a “recap-and-release” plan for the GSEs. “Only the disingenuous would assert that recapitalization of these companies would take decades and come at taxpayers’ expense, as if retaining earnings precluded the ability of each company to raise equity from private investors,” the mutual fund manager writes. Fairholme also notes that it owns GSE junior preferred shares – as opposed to common – because “…the provisions of the preferred stock contracts that...
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MBA Proposal Raises Competition, Government Guarantee Questions

February 10, 2017
Uneconomic price competition coupled with Congressional discord are some of the concerns analysts have expressed about the Mortgage Bankers Association’s newly released plan for GSE reform. The MBA’s proposal recommends multiple privately owned guarantors, preferably more than two, to increase competition in the market. Fannie Mae and Freddie Mac would be the first two and the MBA suggests that new guarantors receive a charter to enhance competition. “The more market participants that compete, the better for consumers, the economy and the system,” said Rodrigo Lopez, MBA chairman. GSE Reform Principles and Guardrails also suggests that Congress sanction an “explicit government guarantee for eligible securities in order to entice domestic and foreign investors to keep buying...
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