Several more documents were released in relation to an ongoing GSE shareholder case out to prove that the government knew Fannie Mae and Freddie Mac were on the path to profitability at the time the Treasury sweep was put in place.The release came after a judge rejected the government’s appeal of an earlier ruling requiring it to turn over a slew of documents for which it had asserted various forms of privilege in Fairholme Funds vs. United States, et al. All of the latest documents are from 2012. They include a July 20, 2012, memo stating “thoughts on how to signal a plan to amend the preferred stock purchase agreements,” from Treasury...
Most real estate investment trusts that invest in MBS and other mortgage-related assets reported declines in their holdings of agency and non-agency securities during the fourth quarter, according to a new Inside MBS & ABS ranking and analysis. The top publicly traded REITs had a combined residential MBS portfolio valued at $228.28 billion as of the end of 2016. That was down 3.5 percent from the previous quarter and off 6.5 percent from the end of 2015. The figures are preliminary because several smaller REITs have not yet reported fourth-quarter results. Agency MBS continued...[Includes one data table]
Planned revisions to the Financial CHOICE Act would loosen regulation of rating services, according to a recent memo by Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee. Hensarling sent the memo to the leadership team of the House Financial Services Committee this month detailing changes that will be included in hise so-called CHOICE Act 2.0. The expected revisions to standards for nationally recognized statistical rating organizations go well beyond the rollbacks included in the version of the CHOICE Act that was introduced in September. The 2016 bill would have repealed...
In a long-awaited decision, the United States Court of Appeals for the District of Columbia Circuit ruled this week against Fannie Mae and Freddie Mac shareholders who have been contesting the Treasury Department’s net worth sweep of the government-sponsored enterprises’ earnings. On Feb. 21, Judge Royce Lamberth ruled shareholders in Perry Capital LLC vs. Treasury, et al, are barred by the 2008 Housing and Economic Recovery Act from making their claims. Perry sued...
A Minnesota state court has rendered a judgment that could substantially limit the amount of damages Residential Funding Co. and its successor-in-interest, the ResCap Liquidating Trust, could recover if it were ever to prevail on its claims in any given lawsuit against correspondent lenders, according to industry attorneys. On Feb. 1, the District Court of Hennepin County held that RFC and ResCap would not be able to pursue loan-by-loan damages associated with a repurchase claim and, thus, could not use a repurchase price “formula” to establish damages, said Philip Stein, a partner with Bilzin Sumberg Baena Price & Axelrod, in an analysis. The decision favored...
It is two months into 2017, and compliance attorneys are still trying to discern some of the finer nuances of applying the Dodd-Frank Act’s risk-retention requirements to various sectors of the secondary market beyond residential MBS. One such area is structured aircraft portfolio transactions. In a recently issued white paper, attorneys from the Clifford Chance law firm and four other U.S. law firms looked at applying the rules to a typical issuance of securities by a newly formed special-purpose vehicle that owns (or will own) a portfolio of aircraft and related leases. They note...
The Consumer Financial Protection Bureau late last week won a fresh hearing of its lawsuit with PHH Mortgage, with the attention likely to center on constitutional issues rather than the agency’s aggressive interpretation of the Real Estate Settlement Procedures Act. The U.S. Court of Appeals for the D.C. Circuit accepted the CFPB’s request for an en banc hearing of its lawsuit with PHH. In October, a three-judge panel of the appeals court ruled in favor of PHH, rejecting the agency’s RESPA interpretation regarding captive mortgage-insurance practices that had for years been widely accepted as legal, even though such programs have been in run-off mode since the housing meltdown. The issue that’s...
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