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Inside the CFPB
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‘Appendix Q’ Compliance Key to Maintaining QM Legal Protections

May 13, 2013
Thomas Ressler
As adopted, Appendix Q of the QM rule requires items to be considered and verified for the two prior years, and requires well-documented projections for the following three years.
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BofA, MBIA Settle Reps and Warranties Claims, Positive for MBIA-Wrapped Non-Agency MBS

May 10, 2013
Bank of America and MBIA announced a settlement this week of a long-running dispute regarding representations and warranties on mortgages securitized by Countrywide Financial. The settlement benefits non-agency MBS wrapped by MBIA, according to industry analysts. The settlement applies to all outstanding rep and warrant claims and all other claims between the bank and bond guarantor. BofA agreed to pay MBIA approximately $1.6 billion in cash and remit to MBIA all of the outstanding notes in the firm that BofA acquired in December. BofA also will terminate...
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Potential Investors Jockey for Position in Coming GSE Risk-Sharing Derby

May 10, 2013
John Bancroft
The first GSE risk sharing transaction is likely to be a senior-subordinate structure and be issued as a credit-linked note.
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CBO Says GSE Principal Forgiveness Could Reduce Additional Defaults

May 10, 2013
Charles Wisniowski
Although it's unlikely that Fannie Mae and Freddie Mac will engage in principal reductions anytime soon, a new report from CBO says it could do some good.
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What We’re Hearing: Will Speculators Sue the Treasury Over the “Sweep” of GSE Earnings? / Freddie Under Pressure to Capture its DTA / PennyMac’s Senior Ranks Boast Many a Countrywide Alumnus / NAIHP Cries Foul on USDA’s Treatment

May 10, 2013
Will investors in GSE stock sue the federal government for "sweeping" earnings out of Fannie Mae and Freddie Mac? Meanwhile, PennyMac worries about its "Countrywide" problem.
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GSEs to Purchase Only ‘Qualified Mortgages’ in 2014

May 10, 2013
Fannie Mae and Freddie Mac will no longer purchase loans that are interest-only, loans with 40-year terms or loans with points and fees exceeding the thresholds of the Consumer Financial Protection Bureau’s “ability to repay” rule, the Federal Housing Finance Agency announced this week. The FHFA said it is directing the GSEs to limit their future mortgage acquisitions to loans that meet the requirements for a qualified mortgage, including those that meet the special or temporary qualified mortgage definition, and loans that are exempt from the CFPB’s “ability to repay” requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
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Fannie Settles Decade-Long Shareholder Fraud Suit

May 10, 2013
Fannie Mae and its former auditor KPMG LLP have agreed to pay $153 million to resolve a long-simmering class action lawsuit brought by investors seeking to recover damages, according to an announcement Tuesday by Ohio Attorney General Mike DeWine. Two Ohio pension funds – the Ohio Public Employees Retirement System and the State Teachers Retirement System of Ohio – filed suit in 2004 related to a $6.3 billion overstatement of earnings against Fannie and three former GSE executives, including then-CEO Franklin Raines.
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Fannie Pushing Certain Seller/Services to the Cash Window

May 9, 2013
Paul Muolo
The issue of Fannie Mae encouraging lenders to sell for cash instead of securitizing has been a hot topic over the past few months.
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Fannie Will Release DTA, Setting Up $59 Billion Dividend Payment to Treasury

May 9, 2013
Paul Muolo and Charles Wisniowski
Fannie Mae is set to "give back" $50.6 billion to the U.S. Treasury by June 30, thanks to stellar earnings and accounting treatment of deferred tax assets.
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Ocwen Will Sell $162 Million of Preferred Stock

May 9, 2013
Paul Muolo
Ocwen has registered preferred shares with the NYSE. The sale will benefit WL Ross & Co.
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