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Inside The GSEs
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MGIC, Freddie Move Closer To Burying the Hatchet

November 2, 2012
Freddie Mac and MGIC Investment Corp. have reached a tentative agreement to settle their simmering dispute over pool insurance, the mortgage insurer announced this week. Milwaukee-based MGIC will make payments to the GSE over four years under the arrangement, which required approval from the boards of both firms, as well as from the Federal Housing Finance Agency. …
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FHLBank Earnings Rise in Third Quarter 2012

November 2, 2012
The Federal Home Loan Bank Office of Finance announced this week that preliminary combined net income for the 12 FHLBanks rose by 19.6 percent to $660 million in the third quarter of 2012, up from both $552 million in the second quarter and $469 million in the third quarter of 2011, according to the Federal Home Loan Bank Office of Finance. For the first nine months of the year, the FHLBanks earned $1.94 billion, $867 million more than the Banks earned during the same time last year. The Office of Finance attributed the increases to be primarily driven by changes in non-interest income.
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FHFA, CFPB to Develop National Mortgage Database

November 2, 2012
The Federal Housing Finance Agency and the Consumer Financial Protection Bureau announced this week they will partner to create a national mortgage database to provide detailed information about mortgage loans. “The database will primarily be used to support the agencies’ policymaking and research efforts and to help regulators better understand emerging mortgage and housing market trends,” said the FHFA and CFPB.
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GSE Legislative Reform to Remain Stuck in Neutral

November 2, 2012
No matter who sits in the Oval Office or which party controls Congress following next week’s election, expect GSE reform to remain a secondary priority in 2013, despite the best efforts of select lawmakers who want to get the legislative ball rolling, experts say. A functioning non-agency mortgage-backed securities market is necessary before members of Congress can be convinced to move forward with GSE reform, according to Rep. David Schweikert, R-AZ. Schweikert told attendees of the ABS East conference in Miami last week that’s why he plans to introduce legislation during the 113th Congress to establish a non-agency MBS framework.
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FHFA Lowers Top GSE Treasury Draw to $209B

November 2, 2012
With third-quarter earnings results right around the corner for Fannie Mae and Freddie Mac, the Federal Housing Finance Agency last week released a revised range of projected draw-downs the GSEs could take from the U.S. Treasury over the next three years. Fannie’s and Freddie’s total taxpayer cash infusion could top as much as $209 billion by the end of 2015 – a “savings” of more than $100 billion from similar projections one year ago, according to the Finance Agency.
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FHFA: GSE Quality Control Policies ‘Critical’

November 2, 2012
Look for quality control at both Fannie Mae and Freddie Mac to be a “critical” component of the recently unveiled GSE representation and warranty framework as the first, best method to curb prospective putbacks, a Federal Housing Finance Agency official advises. Maria Fernandez, the FHFA’s associate director of housing and regulatory policy, told attendees of an Inside Mortgage Finance webinar last week that the Finance Agency has heeded the pleas from the industry that QC needed to be done sooner to allow for a clearer understanding of the process.
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FHFA-Like Reps and Warrants Seen As Possible for Non-Agency MBS

November 2, 2012
Non-agency MBS investors, issuers and the rating services appear to favor a new framework for representations and warranties that would incorporate provisions recently established by the Federal Housing Finance Agency for Fannie Mae and Freddie Mac MBS. The new agency framework includes standardized provisions with three-year sunsets for certain repurchase obligations. At the ABS East conference sponsored by Information Management Network in Miami last week, Rebecca Dorian, head of non-agency MBS and ABS trading at Morgan Stanley, said the FHFA’s rep and warrant framework could be scaled for the non-agency market. In fact, she said such standardization is necessary for non-agency MBS. Rep and warrant provisions in pooling and servicing agreements on outstanding non-agency MBS vary...
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Agency Single-Family MBS Issuance Slumped in October Despite Rally in Freddie Mac Production

November 2, 2012
The three-month surge in agency MBS issuance appeared to run out of steam in October, as total agency securitization of single-family mortgages dropped 11.4 percent from the previous month, according to a new market analysis and ranking by Inside MBS & ABS. The sharpest decline was in Fannie Mae issuance. The government-sponsored enterprise cranked out $58.92 billion in single-family MBS last month, down 28.4 percent from September’s volume. It marked the lowest monthly production for Fannie since April, when the GSE issued just $46.12 billion in volume. Securitization activity at Freddie Mac was...
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Latest DOJ Recovery Lawsuit Involving GSE Loans Shows Government’s Resolve to Cut Taxpayer Losses, Lawyers

November 1, 2012
The Department of Justice’s recent civil lawsuit against Bank of America/Countrywide over allegedly defective loans sold to Fannie Mae and Freddie Mac is a clear sign of the government’s more aggressive use of the False Claims Act and the 1989 thrift bailout law to target not only participants in government loan programs but any lender who sold loans to the government-sponsored enterprises, according to industry lawyers. Filed last week by the U.S. Attorney for the Southern District of New York, the suit is another example of the government’s increasingly aggressive effort to recoup taxpayer losses from the financial meltdown and to remind potential violators of the significant whistleblower provisions in the FCA and the Financial, Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), noted the Washington, DC, law firm BuckleySandler. The DOJ is following...
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Fannie, Freddie to Seek Substantially Reduced Taxpayer Handout Under Revised FHFA Projections

November 1, 2012
Fannie Mae and Freddie Mac could repay the U.S. Treasury faster than previously forecast, according to updated projections of potential draws for the two government-sponsored enterprises issued last week by the GSEs’ conservator. According to the Federal Housing Finance Agency, Fannie and Freddie are expected to draw between $191 billion and $209 billion from Treasury by the end of 2015. This year’s “reduced and more stable” projection by the FHFA is lower than the previous estimate made only a year ago, which offered a range of between $220 billion and $311 billion for total support through the end of 2014. “The key drivers of those results include...
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