The Consumer Financial Protection Bureau this week indicated it will be pulling out its disparate impact playbook as it launches an offensive against the providers of mortgage credit and other lenders it believes are engaging in discriminatory behavior towards consumers. “We want consumers to avoid the marketplace’s silent pickpocket – discrimination,” said CFPB Director Richard Cordray. “We cannot afford to tolerate practices, intentional or not, that unlawfully price out or cut off segments of the population from the credit markets.” In CFPB Bulletin 2012-04 (Fair Lending), the bureau asserted its...

Losses from Fannie Mae and Freddie Mac’s single-family credit guarantee business declined in 2011, but remained high primarily due to credit-related expenses, notably the provision for credit losses, according to the Federal Housing Finance Agency. The FHFA’s fourth-quarter conservatorship report noted that the two government-sponsored enterprises’ combined revenues for single-family credit guarantees of $11 billion last year was more than offset by $40 billion in credit-related expenses. “Credit-related expenses continue to drive the single-family credit guarantee segment for the enterprises,” said...

Fannie Mae, Freddie Mac and Ginnie Mae produced a solid $384.9 billion of new single-family MBS during the first quarter of 2012, including a surge in new issuance in March. But industry analysts said they had been bracing for more. Combined, the three agencies saw new single-family MBS production rise 14.0 percent from the fourth quarter of last year. Issuance in the opening round of 2012 was 12.9 percent ahead of the volume produced in the same period last year. It was the strongest quarter for new agency MBS since the end of 2010. Fannie dominated the agency market, accounting...(Includes one data chart)

New issuance of real estate mortgage investment conduits backed by agency MBS rose 6.8 percent from the fourth quarter of 2011 to the first three months of this year, about half the rate of increase in underlying MBS production, according to an Inside MBS & ABS ranking. Fannie Mae got the early lead with $33.5 billion in new REMIC production, a gain of 8.4 percent from the fourth quarter. Freddie Mac ranked second, but its REMIC volume was down 1.5 percent from the previous period and off 50.7 percent from year-ago levels. Ginnie Mae posted a significant 18.1 percent...(Includes one data chart)

Some liberal interest groups are questioning whether the RMBS working group formed by federal and state enforcement agencies to coordinate securitization investigations is moving fast enough. In an email circulated earlier this week, CREDO, a progressive network, wrote that the Department of Justice has yet to deliver on its promise of 55 investigators to the RMBS working group. As federal and state enforcement agencies were wrapping up the contentious $25 billion settlement with five mortgage servicers in late January, U.S. Attorney General Eric Holder announced a new task force designed to “stream...

The Home Affordable Refinance Program for underwater Fannie Mae and Freddie Mac mortgages has accelerated sharply in the first quarter of 2012, according to a new analysis and ranking by Inside Mortgage Finance. Based on loan-level data on mortgage-backed securities issued by the two government-sponsored enterprises during the first quarter, HARP activity surged to a record 180,572 loans in the first three months of the year. That was up 93.8 percent from the fourth quarter of 2011, and it featured a huge 56.3 percent jump in activity from February to March. Total HARP activity...(Includes one data chart)

The Federal Housing Finance Agency has concluded that accepting incentive payments from the U.S. Treasury for writing down loan balances on certain Fannie Mae and Freddie Mac mortgages could end up saving taxpayers money, but the agency is not ready to make the controversial change in policy for the two government-sponsored enterprises. What’s holding the FHFA back is the unresolved concern that forgiving principal on GSE loans will encourage unknown numbers of underwater Fannie and Freddie borrowers to deliberately stop making payments or claim hardships so they can get their debt reduced. A...

The mortgage banking industry got some advance notice this week on the direction the Consumer Financial Protection Bureau plans on taking when it issues a mortgage servicing proposed rule later this summer. The CFPB said it wants to design mortgage servicing rules to keep mortgage borrowers from getting stuck with costly surprises because of a lack of transparency or getting the runaround from their mortgage servicer because of a lack of accountability. “In recent years, many borrowers have complained that they did not receive the information they needed to help avoid foreclosure,” CFPB Director Richard...

A conflict-of-interest provision in the $25 billion robo-signing settlement approved by the court last week could make it harder for independent settlement monitor Joseph Smith to organize an oversight monitoring team within the agreement’s timeline. Smith, North Carolina’s former commissioner of banks, may have to issue or seek clarifying guidelines that would allow him to recruit attorneys and other professionals for his monitoring team and begin a phased implementation of the settlement’s servicing standards and mandatory relief requirements, according to an industry attorney. Last week...

Federally regulated banking institutions may now hang the “for rent” sign on houses in their portfolio of residential “other real estate owned” properties as an alternative to selling difficult to move OREOs, according to new guidance released by the Federal Reserve. Last week, the Fed issued a policy statement reiterating that federal statutes and its own regulations permit the rental of residential properties acquired in foreclosure as part of an orderly disposition strategy. “The general policy of the Federal Reserve is that banking organizations should make good faith efforts to dispose of...