President Obama’s scant mention of housing finance reform or mortgage policy during this week’s State of the Union address was not entirely a surprise, say industry observers, but an administration official’s remarks last week on the Home Affordable Refinance Program’s outlook were more encouraging. Obama spoke of housing exactly twice during his prime time speech: first to describe the housing market as “rebounding” and again to demand from Congress “legislation that protects the taxpayers from footing the bill for a housing crisis ever again.” Fannie Mae or Freddie Mac were mentioned...
Federal prosecutors have been successful in defending their use of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 in pursuing mortgage-related securities fraud and will continue to use the statute aggressively in enforcement actions barring any adverse court action, according to industry compliance experts. Only a handful of FIRREA cases were filed in the first 20 years after enactment of the statute, mostly simple fraud cases. In the last two years, however, the government has aggressively used FIRREA and the False Claims Act to target financial institutions for activities related to the origination, rating, securitization and servicing of residential mortgages. Of the two statutes, the government has pushed...
A Manhattan federal bankruptcy court this week approved Lehman Brother’s proposed $2 billion-plus settlement that would end an $18.9 billion claim filed against the defunct investment bank by Fannie Mae over soured mortgage securities. Judge James Peck of the U.S. Bankruptcy Court for the Southern District of New York, signed off on the settlement agreement between Lehman Brothers Holdings Inc. and the government-sponsored enterprise, as well as Lehman’s wholly owned subsidiaries Aurora Commercial Group and Aurora Loan Services. ALS was a large Alt A lender/servicer. The deal grants...
DOJ’s initial penalty calculation was based on the gross loss to Fannie and Freddie from the default of the loans, but now the government says the court should use gross gain, instead of net gain to set the maximum allowable penalty.
Only a handful of FIRREA cases were filed in the first 20 years after enactment of the statute. In the last two years, however, the government has aggressively used FIRREA to target financial institutions for activities related to the origination, rating, securitization and servicing of residential mortgages.
The Federal Reserve’s Open Market Committee fulfilled investor expectations this week by voting to reduce its support of the financial markets by another $10 billion overall, starting next month. That will reduce its targeted monthly increase in its agency MBS portfolio from $35 billion to “just” $30 billion. With new production of agency MBS falling more quickly than the central bank’s targeted purchases, the Fed may actually be taking a larger chunk of the market. When the Fed announced a $5 billion per month reduction in its MBS growth target in November, actual agency MBS issuance declined by more than twice as much, $11.3 billion, from the previous month. The FOMC said...[Includes one data chart]
Amid growing calls by lawmakers and policy advocates to divert some of Fannie Mae’s and Freddie Mac’s increasing profitability to an affordable housing commitment, industry observers speculate that new Federal Housing Finance Agency Director Mel Watt is seriously inclined to act that way. The Housing and Economic Recovery Act of 2008 requires the government-sponsored enterprises to make annual contributions to the National Housing Trust Fund and Capital Magnet Fund. Fannie and Freddie were put in government conservatorship before they ever made any contribution. Late last week, more than 30 Senate Democrats told...
Concerns about the potential harmful effects that the Consumer Financial Protection Bureau’s qualified-mortgage standard might have in the manufactured housing sector struck like lighting at a hearing of the House Financial Services Committee this week, with CFPB Director Richard Cordray bristling at a perceived personal attack from a GOP member and demanding he be treated with respect. Storm clouds quickly gathered as Rep. Steve Pearce, R-NM, complained that the bureau’s QM rules and restrictions on high-cost loans would pretty much exclude manufactured housing – and then accused Cordray of deliberately trying to squash lower-income families. “Fifty percent of the homes in New Mexico are...
Increased compliance costs in recent years have done little to dampen demand for mortgage servicing rights, according to industry analysts. “The amount of capital has far outstripped the available supply,” said Dashiell Robinson, a managing director at Wells Fargo Securities, during last week’s ABS Vegas conference sponsored by the Structured Finance Industry Group and Information Management Network. William Roehrenbeck, chairman and CEO of Arvest Mortgage Company, said...
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