Bank of America this week agreed to settle lawsuits filed by the Federal Housing Finance Agency regarding non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac. Eleven of the 18 non-agency MBS lawsuits filed by the FHFA in 2011 have now been settled and the claims against BofA and its affiliates were by far the largest. BofA said it agreed to make a total of $5.8 billion in payments to Fannie and Freddie as part of the settlement and spend $3.5 billion to ...

The top three HEL lenders in the market – Wells Fargo, Bank of America and Chase – originated a combined $17.8 billion in home-equity loans last year, but they still saw a $32.1 billion decline in their total holdings of HELOCs and closed-end seconds.

Old Republic International has abandoned plans to recapitalize its mortgage guaranty subsidiary for lack of investor interest and will tap its own resources to boost the regulatory capital of its ailing MI companies while trying to pay off remaining claims, according to top company executives. The decision was due to ORI’s unsuccessful bid to attract new investors under the terms and conditions laid out by the RMIC Companies, which constitutes Old Republic’s consumer credit indemnity and mortgage guaranty lines of business. The two operations are currently in runoff mode and have not written any new business since 2008 and 2011, respectively. While the failure to attract fresh funding was disappointing, it does not change...

The Consumer Financial Protection Bureau, the Federal Housing Finance Agency and four other federal financial regulators issued a proposed rule this week that would implement minimum requirements for state registration and supervision of appraisal management companies. Mandated by the Dodd-Frank Act, the requirements would apply to states that voluntarily choose to establish an appraiser certifying and licensing agency with the authority to register and supervise AMCs. While there would be no penalty imposed on states that do not establish a regulatory structure for AMCs, these businesses would be barred from providing appraisals in such states. The provisions in the proposed rule are...

Expect a long and winding legal road to resolution of investor lawsuits challenging the Treasury Department’s “net worth sweep” of Fannie Mae and Freddie Mac earnings, warn legal experts. More than a dozen lawsuits filed against the government – including hedge funds Perry Capital and Fairholme Capital Management – are pending in federal district court in Washington, DC, and in the Court of Federal Claims. The shareholder plaintiffs allege that the Treasury’s change in the dividend structure of its preferred stock leaves the government-sponsored enterprises with no funds to pay dividends to junior shareholders. The complaints raise...

Speculation continues to grow concerning which nonbanks have looked at buying PHH Mortgage. Our sources caution that “looking” doesn’t mean a deal is close. PHH is based in Cherry Hill, NJ, not too far from Philadelphia. One advisor suggested we look at who has been flying in from points south.

Fannie Mae and Freddie Mac continue to develop their new common securitization platform in relative secrecy, although the concept has become a key component of mortgage-finance reform recently unveiled by the leadership of the Senate Banking, Housing and Urban Affairs Committee. Under the bill drafted by Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, the CSP would operate as a privately-owned utility through which single-family MBS would be issued, with or without the new explicit government guaranty. Regulated by the new overseer of the MBS market, the Federal Mortgage Insurance Corp., the platform would shepherd...

The agreement among Republicans, Democrats and the White House for the need to act and the heightened urgency to pass legislation before a potential shift in power after the mid-term elections could determine the outlook for housing reform legislation in 2014, according to analysts. Fannie Mae and Freddie Mac reform efforts in Congress and investor lawsuits are helping shape the housing debate this year, and the recently issued Johnson-Crapo draft legislation is the bill to watch going forward, said Bloomberg Industries analysts this week. The profitability of the two government-sponsored enterprises in 2013 not only fueled...

Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, finally delivered this week their long-awaited mortgage reform bill that provides for a wind down of Fannie Mae and Freddie Mac and create in their place a new mortgage insurance entity to act as a new federal backstop. The 442-page draft by the Chairman and Ranking Member of the Senate Banking, Housing and Urban Affairs Committee sets a five-year timeline to shut down the two GSEs, while creating the Federal Mortgage Insurance Corp., a utility that securitizes and guarantees mortgages.

Most industry observers expect it will be too tall of an order for Congress to finish the difficult task of enacting GSE reform in 2014 amid the high-stakes mid-term elections and with political control of the Senate up for grabs. However, some experts note that lawmakers, both Democrat and Republican, may become more open to compromise and horse trading closer to the end of the year if it means getting legislation to the President’s desk rather than risk starting over next year with a potentially GOP-controlled 114th Congress.