The Federal Housing Finance Agency is extending the comment period for its proposed rule that would exclude Fannie Mae and Freddie Mac from purchasing loans subject to a Property Assessed Clean Energy lien. On June 15, the FHFA’s notice of proposed rulemaking was published for public comment in compliance with a federal court order. The proposed rule would direct the GSEs to cease purchasing any mortgage that is subject to first-lien PACE obligation and refuse to consent to the imposition of a first-lien PACE obligation on any mortgage.

The sooner the Federal Housing Finance Agency acts to clarify Fannie Mae’s and Freddie Mac’s positions on what triggers a loan repurchase request, the better it will be for lenders and for the recovery of the housing finance system, industry groups say. Over the past three years, the two GSEs have asked for more than $80 billion in flawed loan repurchases from lenders, prompting an overabundance of underwriting caution, according to Fitch Ratings. “Reduced uncertainty around the reasons as well as the timing and remedies available for repurchase may help ease lenders’ concerns and improve credit availability,” said Fitch. “Establishing clear and detailed repurchase standards, developing reporting and enforcement mechanisms and creating clear timelines that govern the process would be positive steps and would be welcome by lenders and investors alike.”

There is little to no chance of GSE reform bills moving any further in Congress during the remainder of the legislative year, say industry insiders who warn that the political priority for next year’s Congress will shift from restructuring Fannie Mae and Freddie Mac to scaling back the massive Dodd-Frank Act. For all the sound and fury surrounding Republican-led filing of 25 separate pieces of GSE legislation in the House and Senate during the 112th Congress, nearly all the bills, including six proposals considered “comprehensive” GSE reform, remain bottled up in committee.

Two of the three biggest barriers to a return of the non-agency mortgage sector – the premium capture cash reserve account and the qualified mortgage definition – are embedded in the Dodd-Frank Act, industry officials say. And the third is what’s not in the controversial law: any substantive reform of Fannie Mae and Freddie Mac. The biggest challenge to reducing the government’s domination of the mortgage market is the lack of direction on the government-sponsored enterprises, said Tom Deutsch, executive director of the American Securitization Forum, during a hearing this week.

The Department of Housing and Urban Development said it has received $1.2 billion in recent settlements with large mortgage lenders and servicers but HUD’s internal watchdog, which did much of the legwork in the investigations, reveals a much smaller amount. According to recent audit reports published by HUD’s Office of the Inspector General, only Bank of America and Flagstar Bank have made payments under settlement agreements with HUD and the Department of Justice to resolve government claims. In separate memos to HUD’s Office of General Counsel last month, Kim Randall, director of the HUD OIG Civil Fraud Division, sought clearance to ...

The Federal Housing Finance Agency should seriously reassess its regulations which permit the 12 Federal Home Loan Banks to build large unsecured, credit portfolios “that may produce unreasonable risk,” according to an audit by the agency’s official watchdog. The FHFA’s Office of Inspector General report issued last week noted that the FHLBanks substantially increased their unsecured lending to foreign financial institutions, particularly in Europe, during 2010 and 2011. Unsecured credit extensions to European institutions swelled from $66 billion at the end of 2008 to more than $120 billion by early 2011

In response to the Federal Housing Finance Agency’s request for comments on its recent strate-gic plan, the American Securitization Forum put out a white paper this week spelling out the mechanics and potential benefits of a blueprint to transition to a single agency security that could be issued by Fannie Mae and Freddie Mac. “Implemented correctly, a single agency security could benefit all participants in the mortgage market, including borrowers, originators, investors and the taxpayer,” said ASF Executive Director Tom Deutsch. Current trading markets for Fannie MBS and Freddie PCs are...

Despite a late surge in refinance business for seriously underwater home mortgages, new business volume at Fannie Mae and Freddie Mac declined by 10.2 percent during the second quarter, according to a new Inside Mortgage Finance analysis and ranking. The two government-sponsored enterprises securitized a total of $273.95 billion of conventional single-family mortgages during the second quarter. Thanks to the huge $305.21 billion of GSE business recorded during the first three months of 2012, the market was still 39.3 percent ahead of the pace set during the first half of last year. Refinance activity...

Well over half of the mortgage repurchase activity reported by Fannie Mae and Freddie Mac during the first quarter of 2012 was still pending or being disputed by lenders, according to a new Inside Mortgage Trends analysis of disclosures made by the two government-sponsored enterprises. Mortgage lenders repurchased a total of $2.37 billion of loans because of representation and warranty problems during the first three months of the year, the GSE disclosures indicate. The repurchase amount represents the principal balance of the loans resolved through a repurchase, although...(Includes two data charts)

The Federal Housing Finance Agency last week finalized a rule which establishes prudential standards relating to the management and operations of Fannie Mae, Freddie Mac and the Federal Home Loan Banks. The Housing and Economic Recovery Act of 2008 requires the FHFA director to establish standards that address 10 separate areas relating to the management and operation of the GSEs and FHLBanks and authorizes the director to establish the standards by regulation or by guideline.