Could this be an omen of the decision to come? Earlier this month, the U.S. Court of Appeals for the District of Columbia Circuit granted the CFPB’s request for an en banc rehearing in its controversial legal dispute, PHH Corp. v. CFPB. “Upon consideration of respondent’s [CFPB] petition for rehearing en banc, the briefs amici curiae in support of the petition, the response of the United States to the petition, the response of the petitioners [PHH Corp.] to the petition, the supplemental response of petitioners, and the vote in favor of the petition by a majority of judges eligible to participate, it is ordered the petition be granted,” 10 of the court’s 11 justices wrote in their ruling. One of ...

Despite a Feb. 21 ruling barring GSE shareholders from making illegal Treasury sweep claims, plaintiffs and speculators are keeping hope alive. In Perry Capital LLC vs. Treasury, the U.S. Court of Appeals for the District of Columbia put a stop to shareholders who have been arguing that the government is illegally confiscating GSE profits, citing language in the Housing and Economic Recovery Act of 2008. The Appeals Court notes: “We hold that the stockholders’ statutory claims are barred by the Recovery Act’s strict limitation on judicial review … We also reject most of the stockholders’ common-law claims. Insofar as we have subject matter jurisdiction over the stockholders’ common-law claims against...

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]

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...

The U.S. Treasury doesn’t get to invest in the booming stock market, but its stake in two guarantors of mortgage-backed securities is making a killing. Fannie Mae and Freddie Mac posted $9.9 billion in combined profits for the fourth quarter of 2016, and $20.2 billion for the full year. It was up 16.1 percent from 2015 and the fourth best year ever for the two government-sponsored enterprises. Their all-time high was...

The aggregate dollar volume of homeowner equity in real estate has almost returned to pre-crisis levels, but borrowers are no longer using their homes as ATMs, according to industry analysts. Between 2003 and 2007, homeowners were extracting more than $350.0 billion in home equity per year via home-equity loans and cash-out refinances, according to researchers at the Federal Reserve Bank of New York. While home prices and equity have largely recovered, equity extraction remains below $50.0 billion per year. William Dudley, president and CEO of the NY Fed, said...

The Office of the Comptroller of the Currency’s denial of favorable capital treatment to a non-agency MBS issued by JPMorgan Chase last year could hinder efforts aimed at convincing banks to return to the non-agency MBS market, according to industry analysts. JPMorgan Chase issued two unique non-agency MBS last year with a total unpaid principal balance of $4.53 billion. The so-called portfolio risk-transfer deals accounted for a whopping 48.6 percent of the prime non-agency MBS issued in 2016. Chase packaged...

Freddie Mac reported a net income of $4.85 billion in the fourth quarter, more than double its earnings from the previous quarter and lifting its full-year income to $7.82 billion. The government-sponsored enterprise released its earnings this week, posting one of its best profits ever in the fourth quarter. Net income for the quarter was fueled in part by gains on derivatives which amounted to $6.38 billion. “Interest rates went up an unusually large amount in the fourth quarter, therefore you saw an unusually large gain in the accounting,” Freddie CEO Donald Layton told Inside MBS & ABS. Freddie also reported...

Now that investment banker Steven Mnuchin has been installed as the Treasury secretary, work can begin on finding a solution to Fannie Mae and Freddie Mac, the giant government guarantors that serve as the linchpin to housing and mortgage markets. For the most part, senior mortgage officials who have been in the business for a decade or more applauded President Trump’s choice of Mnuchin, pointing to his days as the head of MBS trading at Goldman Sachs & Co. “At the very least, this is...

Weighing in on President Trump’s recent executive order related to the Dodd-Frank Act, analysts at Moody’s Investors Service said ditching the major mortgage regulations promulgated under the law would be negative for residential MBS unless it’s done carefully. “Any significant repeal of the Dodd-Frank Act’s mortgage-related provisions without effective alternatives would weaken residential RMBS credit quality because these provisions have strengthened the credit quality of mortgage originations, improved servicing practices and bolstered the credit integrity of RMBS structures,” the analysts said in a new report issued earlier this week. Their report then detailed...