It is not a matter of “if” or even “when” but rather “how” the remaining defendants settle lawsuits filed by the Federal Housing Finance Agency over billions in non-agency MBS sold to Fannie Mae and Freddie Mac in the years leading up to the housing crisis. Last week, the FHFA announced it recovered $7.88 billion in civil settlements in 2013 from seven of the 18 defendants the agency took to court in 2011. Eleven firms have yet to settle, with Bank of America facing the largest exposure because of its ownership of Countrywide Financial Corp. and Merrill Lynch, two of the largest issuers in the now-defunct subprime MBS market. In its original claim, the conservator of Fannie and Freddie accused...[Includes one data chart]
Expect the Federal Housing Finance Agency’s Office of Inspector General and its investigators to continue to seek out an “increasingly active role” alongside federal and state prosecutors in the pursuit of financial fraud cases – whether or not there is a GSE connection, according to an industry attorney. Industry lawyer and one-time federal prosecutor Andrew Schilling of BuckleySandler noted in a recent opinion piece what the FHFA’s official watchdog itself recently boasted – that the OIG seeks to expand its investigative presence in 2014.
The Federal Housing Finance Agency said it recovered $7.88 billion in civil settlements in 2013 from less than half of the 18 defendants it is suing over billions of dollars in losses from toxic non-agency mortgage-backed securities sold to the GSEs before the housing crisis. Seven of the big banks made deals with Fannie Mae’s and Freddie Mac’s conservator to get out from under the massive MBS litigation effort launched by the FHFA in 2011.
When it comes to the new QM rule lenders are operating from a position of fear. You can bet that mortgage attorneys in the Washington DC area have racked up the billable hours, holding their clients’ hands and supplying legal advice as the clock strikes midnight.
The Securities Industry and Financial Markets Association is opposed to the Financial Industry Regulatory Authority’s recent proposal to begin disseminating data for transactions in ABS and non-agency commercial MBS, out of concern it could compromise market liquidity. At issue are FINRA’s proposed changes in Trade Reporting and Compliance Engine to disseminate additional ABS transactions and at the same time reduce the reporting periods for such securities. The proposal would implement shorter reporting timeframes for ABS transactions (initially 45 minutes for six months, then 15 minutes), as well as real-time dissemination of trade information. “While SIFMA members agree...
Two days after he was sworn in to a five-year term as the Federal Housing Finance Agency’s new director, Mel Watt followed through on a pledge he made last month following his Senate confirmation and officially delayed a GSE guaranty fee increase. Watt this week countermanded a move by his predecessor, then-Acting Director Edward DeMarco, who announced in December a number of GSE pricing structure changes.
In 2014, lawmakers and the Obama administration will no longer be able to avoid confronting claims by GSE shareholders seeking recovery, says an expert. This week, while attending a Financial Services Roundtable Housing Policy Council forum on GSE reform, financial industry consultant Bert Ely quizzed Sens. Bob Corker, R-TN, and Mark Warner, D-VA, about GSE securities.
Some GSE watchers fear that new Federal Housing Finance Agency director Mel Watt might slow GSE risk sharing deals but those concerns may be unwarranted.
Fannie, Freddie and their regulator have been dogged in their pursuit of claims against banks that sold defective mortgages to the GSEs prior the financial crisis.
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