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Expert: Remaining FHFA MBS Defendants Have Incentive to Seek ‘Global’ Settlement

January 10, 2014
It is not a matter of “if” or even “when” but rather “how” the remaining defendants settle lawsuits filed by the Federal Housing Finance Agency over billions in non-agency MBS sold to Fannie Mae and Freddie Mac in the years leading up to the housing crisis. Last week, the FHFA announced it recovered $7.88 billion in civil settlements in 2013 from seven of the 18 defendants the agency took to court in 2011. Eleven firms have yet to settle, with Bank of America facing the largest exposure because of its ownership of Countrywide Financial Corp. and Merrill Lynch, two of the largest issuers in the now-defunct subprime MBS market. In its original claim, the conservator of Fannie and Freddie accused...[Includes one data chart]
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FHLBank Agency MBS Investments Rise in Third Quarter of 2013

January 10, 2014
Fannie Mae and Freddie Mac mortgage-backed securities remained the preferred investment choice of the 12 Federal Home Loan Banks during the third quarter of 2013, with a modest increase from the previous quarter, according to a new analysis and ranking by Inside The GSEs based on data from the Federal Housing Finance Agency. Meanwhile, Ginnie Mae securities posted a pocket-sized increase within the FHLBank system during the period ending Sept. 30, 2013.
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GSE MBS Business Activity Slumps To Two-Year Low at Year-End 2013

January 10, 2014
Declining refinance volume contributed to a marked decline in the GSEs’ overall business at the end of 2013 as Fannie Mae and Freddie Mac posted big declines in business on a quarterly and total 12-month basis, according to a new Inside The GSEs analysis. Fannie and Freddie issued $182.2 billion in new single-family mortgage-backed securities during the three-month period ending Dec. 31, 2013, a two-year low.
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Bank Repurchases Hit 5-Year Low in 3Q13

January 10, 2014
Commercial banks and savings institutions coughed up $1.998 billion in mortgage repurchases and indemnifications during the third quarter of 2013, according to a new Inside Mortgage Trends analysis of call-report data. It was the lowest quarterly repurchase total for the industry since the third quarter of 2008, when the buyback storm was just beginning to gather force. The third quarter 2013 total also reflected a 25.2 percent drop from the second quarter. For the first nine months of 2013 ... [Includes one data chart]
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Enterprise Endnotes

January 10, 2014
Has The Mortgage Deconstruction Trend Run Its Course? The trend of deconsolidation among residential originators is likely to reverse due to the advantages of large lenders, according to projections from Fannie Mae. “The recent decline in large-lender share of the primary market is temporary, and principally a result of cyclical factors that caused larger lenders to pull back from the market,” said Gerry Flood, director of strategic planning in Fannie’s economic and strategic research division.
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FHFA Recovers Nearly $8 Billion From MBS Defendants in 2013

January 10, 2014
The Federal Housing Finance Agency said it recovered $7.88 billion in civil settlements in 2013 from less than half of the 18 defendants it is suing over billions of dollars in losses from toxic non-agency mortgage-backed securities sold to the GSEs before the housing crisis. Seven of the big banks made deals with Fannie Mae’s and Freddie Mac’s conservator to get out from under the massive MBS litigation effort launched by the FHFA in 2011.
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Expert: OIG’s Investigative Reach Expanding Beyond FHFA, GSEs

January 10, 2014
Expect the Federal Housing Finance Agency’s Office of Inspector General and its investigators to continue to seek out an “increasingly active role” alongside federal and state prosecutors in the pursuit of financial fraud cases – whether or not there is a GSE connection, according to an industry attorney. Industry lawyer and one-time federal prosecutor Andrew Schilling of BuckleySandler noted in a recent opinion piece what the FHFA’s official watchdog itself recently boasted – that the OIG seeks to expand its investigative presence in 2014.
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Top Sellers Posted Out-Sized Declines In GSE Activity as 2013 Wound Down

January 10, 2014
New business activity at Fannie Mae and Freddie Mac fell sharply in the fourth quarter of 2014, but the top tier of mortgage sellers took more than their share of the decline, according to a new Inside Mortgage Trends analysis of mortgage-backed securities data. Total single-family MBS production by the two government-sponsored enterprises declined by 36.1 percent from the third quarter to the fourth quarter of 2013. But the top five GSE sellers posted a combined 45.9 percent ... [Includes two data charts]
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GSEs Rush to Resolve Repurchase Demands With Year-End Deals

January 10, 2014
Fannie Mae and Freddie Mac rushed to wrap up their legacy loan issues as 2013 wound to a close with multiple announcements of buyback settlements tied to loans originated prior to 2009. On Dec. 30, Fannie announced a $591 million agreement with Wells Fargo to resolve repurchase requests on certain loans originated prior to 2009.
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Director Watt Ends First Week With Four New FHFA Staff Appointments

January 10, 2014
Federal Housing Finance Agency Director Mel Watt ended his first week on his new job by announcing four special advisors “to provide counsel on policy and strategic decisions” at the FHFA. Megan Moore will join the Finance Agency as Special Advisor – Intergovernmental.
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