Investors are paying more for vintage non-agency MBS with repurchase disputes and pending settlements than securities not involved in representation and warranty litigation, according to analysts at Amherst Securities Group. The increased pricing comes as the proposed $8.5 billion settlement on non-agency MBS issued by Countrywide Financial nears its conclusion. In the past year, pricing on non-agency MBS involved in rep and warrant litigation outperformed securities not subject to such lawsuits, according to Amherst. “It appears these securities received different treatment, as investors likely included recovery cash flows, and priced the bonds accordingly,” the analysts said. As an example, Amherst pointed...
Ginnie Mae officials are moving ahead to create a blueprint for consolidating its two MBS programs, although some industry experts say the proposal could cost investors $5.5 billion. The agency got considerable backing from a variety of stakeholders for its “straw man” proposal to shift to a single MBS program based on the existing Ginnie II, said John Getchis, senior vice president in Ginnie’s capital markets office. “We got...
Two repurchase lawsuits in the New York state court involving allegedly defective mortgage-backed securities and the state’s six-year statute of limitations have resulted in different outcomes for defendants, one of which could potentially limit MBS putback claims in the Empire State. In a May 13 decision, Justice O. Peter Sherwood of the Commercial Division of the New York Supreme Court dismissed with prejudice a $259 million MBS putback lawsuit against Nomura Credit & Capital. The decision was significant in part because it was the first among dozens of MBS putback cases currently pending in NY state court that was dismissed with prejudice on grounds that the six-year statute of limitations has expired, according to defense attorneys. Two affiliates of hedge fund Fir Tree Partners filed...
Progressives and other “Dump DeMarco” advocates are looking to a “Plan B” to replace the current, long-time acting head of the Federal Housing Finance Agency should the White House’s controversial pick find his nomination significantly prolonged or even stalled in the Senate, say industry observers. President Obama’s long-awaited action last month to nominate Rep. Mel Watt, D-NC, to be the FHFA’s new, permanent director pleased Congressional Democrats who have been longing to oust Edward DeMarco, a career civil servant who has been the Finance Agency’s acting director since September 2009. However, the brewing IRS scandal may further embolden already less-than-pleased Senate Republicans to slow walk Watt’s confirmation hearing or even block the nomination altogether.
A New York federal judge has allowed the Justice Department to proceed with its civil fraud lawsuit against Bank of America in connection with the packaging and sale of mortgage-backed securities to Fannie Mae and Freddie Mac, but not before dismissing a significant portion of the government’s claim. U.S. District Judge Jed Rakoff dismissed claims for damages and penalties under the False Claims Act in an expedited ruling two weeks ago. In October 2012, the government filed suit against BofA, as successor to Countrywide, alleging BofA inherited and continued to operate Countrywide’s loan program known as the “Hustle.”
A federal appeals court has ruled in favor of Fannie Mae and Freddie Mac, overturning a lower court ruling that the counties and state of Michigan were entitled to collect local real estate transfer taxes from the two government-sponsored enterprises. This week’s unanimous ruling by a three-judge panel from the U.S. Court of Appeals for the Sixth Circuit said the lower court is not in a position to second-guess Congress by creating exemptions to tax statutes. “The statutes at issue here plainly state that the defendants are exempt from ‘all taxation,’” the court ruled. In June 2011, Oakland and Genesee counties each filed suit claiming Fannie and Freddie recorded deeds and other conveyances without paying the Michigan Transfer Tax.
Republicans and even some Democrats in the House are calling for significant changes to the Consumer Financial Protection Bureau’s ability-to-repay rule, but legislative changes appear unlikely as Democrats oppose most of the GOP proposals. One bill that is furthest along the uncertain legislative process is HR 1077, the “Consumer Mortgage Choice Act,” which would exempt certain fees from the 3 percent cap on points and fees for qualified mortgages under the ATR rule. The bill has 34 co-sponsors, including nine Democrats. Sens. Joe Manchin, D-WV, and Mike Johanns, R-NE, introduced companion legislation in the Senate last week. The bills have...
Whichever way the U.S. Supreme Court rules on the constitutionality of presidential recess appointments, the decision would probably cause more uncertainty and turbulence in the industries the ruling will likely affect, according to legal and policy analysts. SCOTUS is considering a petition filed last month by the Obama administration and the National Labor Relations Board to review a controversial ruling by the District of Columbia Court of Appeals that calls into question the validity of President Obama’s appointment of three new members of the board in January. In Noel Canning v. NLRB, the plaintiff challenged...
The FHFA IG acknowledged the regulator's progress in stabilizing Fannie Mae and Freddie Mac but said the agency “can do more to enhance its role as conservator and regulator.”
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