A Manhattan federal judge last week rebuffed a motion by a number of major lenders to dismiss a bid by the Federal Deposit Insurance Corp. against the firms in connection with $388 million of non-agency MBS sold to the now-defunct Colonial Bank. The FDIC filed its complaint in August 2012, alleging that the defendants – including JPMorgan, CitiGroup, Ally Securities, First Horizon, Credit Suisse, Deutsche Bank, Merrill Lynch and Wells Fargo – placed poor-quality loans in the 11 underlying residential MBS and then misled investors by marking them as safe investments. Montgomery, AL-based Colonial Bank failed...

Fannie Mae remains on track to securitize $30 billion in multifamily loans this year, compared with nearly $34 billion in 2012, which would meet the FHFA scorecard target.

Clayton Holdings has long cooperated with members of the Residential MBS Working Group, but a change in personnel at the interagency group and a wide-ranging subpoena have strained the due diligence firm’s relationship with prosecutors, according to court filings. The U.S. Attorney’s Office for the District of Connecticut, on behalf of the RMBS Working Group, is seeking an order to compel Clayton to cooperate with a subpoena issued in early July. The subpoena relates to an investigation into 16 firms that participated in the issuance and underwriting of non-agency MBS from 2005 through 2007. The RMBS Working Group is looking into possible violations of the Financial Institutions Reform, Recovery and Enforcement Act. The subpoena essentially seeks...

Certain members of the U.S. Senate want to see some type of analysis from FHFA on what impact lower loan limits will have on the housing and mortgage markets.

The U.S. homeownership rate fell to 63.9 percent in 2012, according to figures compiled by the Census Bureau through its “American Community Survey.” In case you’re keeping tabs, it’s the fifth year in a row that the rate has gone south.

The home-equity market has been down so long it doesn’t take much to make it look like it’s looking up. Firming house prices in 2013 may be leading to a revival. The outstanding balance of home-equity loans, including home-equity lines of credit and closed-end second mortgages, continued to decline during the second quarter, dropping another 2.3 percent, according to the Federal Reserve. Since the end of 2007, the home-equity market has shrunk by 35.5 percent. Depository institutions hold...[Includes three data charts]

Sellers to Fannie Mae and Freddie Mac will get a temporary, limited reprieve from repurchase requirements as the mortgage industry implements the Consumer Financial Protection Bureau’s ability-to-repay rule, according to new guidance from the two government-sponsored enterprises. “During the initial transitional period ..., Fannie Mae will not require repurchase of a loan on the grounds of noncompliance with the applicable QM-related points-and-fees eligibility requirement as long as it was otherwise eligible for acquisition,” the GSE said in a lender letter. “However, if a court of law, regulator or other authoritative body determines the loan exceeded the applicable QM-related points-and-fees limitation in violation of the CFPB final rule, such loan is subject to repurchase.” In addition, if Fannie determines...

The Department of Housing and Urban Development has issued a proposed rule establishing standards that FHA loans would have to meet to be considered “qualified mortgages,” varying slightly from the QM rule approved earlier this year by the Consumer Financial Protection Bureau. According to HUD, the proposal is aligned with the ability-to-repay criteria set out in the Dodd-Frank Act and the CFPB’s QM rule. The key difference is in the pricing threshold that puts QM loans in the safe harbor, rather than the less desirable rebuttable assumption category that exposes lenders to more legal risk. Under the CFPB rule, safe harbor QM loans must have...

The general consensus is that despite their conservatorship status, the GSEs are still considered private companies, even though Treasury controls their senior preferred shares.

The FHA and the Department of Housing and Urban Development have already slipped into somewhat of a “power save” mode since substantial parts of the federal government were shut down early this week. The FHA will continue to endorse new loans under what it calls a “multi-year appropriation authority.” FHA Commissioner Carol Galante said the agency will continue to guarantee single-family loans during the shutdown, refuting earlier news accounts that were based on erroneous materials included in HUD’s shutdown contingency plan. “I do want to clear up any confusion about what this means for FHA single-family home borrowers. FHA will be able to endorse single-family loans during the shutdown,” Galante said. “A very limited number of staff will be available to endorse new loans.” Galante warned...