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Massachusetts Sues FHFA, GSEs Over State Foreclosure Law

June 13, 2014
Massachusetts Attorney General Martha Coakley last week filed suit against Fannie Mae, Freddie Mac and their regulator, the Federal Housing Finance Agency, alleging that the GSEs are violating state law by failing to let non-profits buy foreclosed homes to sell them back to their former homeowners. In 2012, Massachusetts lawmakers passed An Act to Prevent Unnecessary and Unreasonable Foreclosures, which prohibits creditors from blocking or placing conditions on home sales to non-profits that intend to resell those properties back to their former owners. The AG’s complaint, filed in Suffolk Superior Court, says the GSEs failed to comply with the Bay State law by “blocking foreclosure buyback programs” designed to help residents keep their homes.
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Lawyers for GSE Shareholders Move To Vacate ‘Illegal” Profit Sweep

June 13, 2014
Attorneys for Fannie Mae and Freddie Mac junior shareholders have doubled down in their assertions that the government had no authority to initiate a “net-worth sweep” of nearly all GSE profits. They say a federal court should not only decline Uncle Sam’s recent motion to dismiss but also “vacate the illegal sweep amendment.” In a joint rebuttal motion filed last week in the U.S. District Court for the District of Columbia, attorneys for Perry Capital and Fairholme Funds note that in attempt to evade judicial scrutiny, the Treasury Department and the Federal Housing Finance Agency raise “a host of frivolous and irrelevant challenges” to the plaintiffs’ legal standing while ignoring investors” core assertion that the 2012 sweep was illegal.
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House Bill Amendment Would Block GSE Trust Fund Payments

June 13, 2014
A noted GSE hawk successfully pushed through a legislative amendment that would block Fannie Mae and Freddie Mac from paying into the National Housing Trust Fund “at a time when they still owe money to the American people.” The amendment by Rep. Ed Royce, R-CA, to H.R. 4745, the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of 2015, would prohibit the GSEs from using funds for the NHTF, which was established under the Housing and Economic Recovery Act of 2008.
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Urban Institute: GSE Denial Rates Higher for Weaker Credit Profiles

June 13, 2014
A new analysis by the Urban Institute released last week found that GSE denial rates for weaker credit profile applicants, including many minority applicants, were much higher than denial rates for all applicants. The UI’s analysis of Home Mortgage Disclosure Act data found at least 16 percent of applicants were denied Fannie Mae or Freddie Mac loans for purchase of an owner-occupied property in 2012. However, when compared to CoreLogic’s data, the UI also found the denial rate for low credit GSE applicants was at least 54 percent.
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Enterprise Endnotes

June 13, 2014
Cantor Loss Unlikely to Advance Hensarling, PATH Act Opportunity? House Republican Majority Leader Eric Cantor’s defeat this week by his GOP primary Tea Party challenger Dave Brat is already shaking up the House leadership with implications for key lawmakers affecting the GSE reform debate.Cantor, R-VA, will close out his term at the end of this year but has announced he will give up his post as House majority leader effective July 31. Republican leadership could hold elections to replace Cantor as early as next week. Cantor has endorsed Majority Whip Kevin McCarthy, R-CA, to succeed him as majority leader.
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Supervision Evolves to ‘Fair Servicing’ Concept

June 13, 2014
Have you heard about “fair servicing” and “disparate maintenance?” Well, you’re going to. With servicing-related issues making up the lion’s share of consumer complaints about their mortgages, a new supervisory trend that has emerged in recent months is a move toward what could be called a “fair servicing” expectation, according to a pair of experts at the American Bankers Association’s 2014 regulatory compliance conference in New Orleans this week ...
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Redwood Inks 3-Year Jumbo Purchase Agreement with FHLB System

June 12, 2014
Paul Muolo
Specifically, the mortgages will be above the Fannie Mae/Freddie Mac loan limit of $625,500. But before Redwood can buy its first jumbo loan, the Federal Housing Finance Agency must sign off on the effort.
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Judge Considers Dismissing DOJ’s Fraud Case Against BofA

June 12, 2014
Brandon Ivey
“DOJ may not have the evidence to try this as a fraud case,” Judge Max Cogburn said.
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Qualified Mortgage Rule Still a Top Compliance Concern

June 12, 2014
Thomas Ressler
It’s far too early to draw definitive conclusions about the success of the QM rule and its overall effect upon the market.
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‘Agency Jumbo’ Mortgage Originations Down Sharply in Early 2014, Further Declines Ahead

June 12, 2014
Production of “agency jumbo” mortgages fell sharply in the first quarter of 2014 and is likely to drop even more as new FHA loan limits show up in endorsement data. According to a new Inside Mortgage Finance analysis, Fannie Mae, Freddie Mac and the FHA saw $10.5 billion in single-family business with loan amounts exceeding the traditional agency limit of $417,000 during the first quarter of 2014. That was down 30.6 percent from the fourth quarter. It was also the lowest three-month volume since the fourth quarter of 2008, not long after dramatically higher “emergency” loan limits were put in place by the agencies. In comparison, originations of non-agency jumbo loans fell...[Includes three data charts]
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