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Home » Topics » Inside the CFPB » Regulation

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FHFA Seeks to Consolidate Fannie/Freddie Shareholder Cases, Expects More to be Filed

March 18, 2016
The Federal Housing Finance Agency this week filed a request to transfer lawsuits brought by Fannie Mae and Freddie Mac shareholders in four district courts to the U.S. District Court in Washington. The government-sponsored enterprise regulator hopes to ward off future “copycat” cases and those where plaintiffs may be encouraged to “shop” for the best forum, based on the ruling. FHFA said it is certain that the number of pending complaints challenging the quarterly U.S. Treasury sweep of Fannie and Freddie net income will continue to grow. As a result, the agency said the transfer would be more efficient and benefit the parties and courts. “The claims and relief sought in each of the four related cases are...
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‘Marketplace’ Lender SoFi is Exploring Its Options in the Secondary Mortgage Market, Including a REIT Structure

March 18, 2016
Social Finance, the fledgling “marketplace” lender, is funding enough home mortgages on a monthly basis that it’s now scouting for opportunities in the secondary market, according to lending officials who have met with the firm’s management team. Among the options being considered is raising money to form a real estate investment trust, a vehicle that would provide a balance sheet where whole loans could reside. However, it’s unclear at this point if Social Finance, or “SoFi” as it is known, has any plans for securitizing residential product. Company officials including Michael Tannenbaum, who serves as vice president of mortgages for the startup, and William Jarve, in the firm’s capital markets group, declined...
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FOMC Holds Off on Rate Increase, Signals Two Hikes; Observers Expect Moves in June, December

March 18, 2016
The Federal Reserve’s Open Market Committee decided this week, as expected, to delay its next rate increase, citing concerns about global economic and financial developments, leaving the federal funds target range at 0.25 percent to 0.50 percent until June at the earliest, according to a consensus of market participants and observers. “Our decision to keep this accommodative policy stance reflects both our assessment of the economic outlook and the risks associated with that outlook,” said Fed chair Janet Yellen after the committee’s two-day meeting concluded Wednesday afternoon. Looking ahead, then, with appropriate monetary policy, the FOMC continues...
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Efforts to Revive Non-Agency MBS Market Continue; Deal Agent Concept, Doc Standardization Promising

March 18, 2016
The development of the “deal agent” concept and the recommendations to standardize documentation are crucial to the revival of the non-agency MBS market, according to the Urban Institute. However, more work needs to be done to refine and implement the principles underlying the deal-agent concept and document standardization, said Laurie Goodman, director of the Housing Finance Policy Center at UI, in a new report. Many investors remain...
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Increasing Demand on FHA Program Causing Strain on GNMA’s Resources, Warns HUD IG

March 18, 2016
Increases in demand on the FHA single-family program are having collateral implications for the integrity of Ginnie Mae’s MBS programs, including the potential for more fraud, warned the Department of Housing and Urban Development inspector general. Testifying during a recent Senate budget hearing, HUD Inspector General David Montoya said Ginnie issuer defaults historically have been infrequent, involving small to moderate-size issuers. “However, major unanticipated issuer defaults beginning in 2009 have led...
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IU Director Files Suit to Access GSE Corporate Records

March 18, 2016
After his request was rejected by the Federal Housing Finance Agency, Tim Pagliara, director of Investors Unite, filed a lawsuit in state courts this week seeking to gain access, as an individual stockholder, to the corporate records of Fannie Mae and Freddie Mac. With Fannie chartered under Delaware’s law and Freddie under Virginia’s jurisdiction, Pagliara, along with several other shareholder plaintiffs, argue that the U.S. Treasury Department’s sweep of the GSEs’ profits is illegal under state law. His suit, in particular, focuses on allowing him to inspect the books and records of Fannie and Freddie to get a better idea of the circumstances surrounding the sweep. Under the terms of the net worth sweep, the GSEs...
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FHFA Requests to Geographically Combine GSE Shareholder Cases

March 18, 2016
The Federal Housing Finance Agency is looking to consolidate four outstanding Fannie Mae and Freddie Mac shareholder cases into one location and said it expects more cases will be filed soon. This week, the agency filed a request to transfer cases pending in four district courts to the U.S. District Court in Washington to discourage “copycat” claims and ensure consistent outcomes. “The claims and relief sought in each of the four related cases are substantially similar,” the FHFA said in court documents. “As a practical matter, plaintiffs are relitigating the same legal issues over and over in hopes of finding a court that will rule in their favor.” So far, there have been 15 complaints challenging the Treasury sweep and...
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Home-Equity Lending Up Solidly in 2015, But Outstanding Balances Continued to Dwindle

March 17, 2016
Mortgage lenders posted a sizable increase in home-equity loan originations last year, but the overall market fell to its lowest level since 2004. A new Inside Mortgage Finance analysis and ranking shows an estimated $182.6 billion in home-equity lending last year, mostly through home-equity lines of credit and, to a lesser extent, closed-end second mortgages. That was up 19.1 percent from a revised estimate of $153.3 billion back in 2014, somewhat slower than the 33.5 percent increase in first-lien originations in 2015. Home-equity originations declined...[Includes three data tables]
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Spring Brings a Potential Mortgage M&A Bonanza Featuring Some Top Names in the Mix. But Will Any Deals Get Done?

March 17, 2016
Over the past two weeks, the mortgage mergers-and-acquisitions market shifted into high gear with speculation surrounding such top-ranked mortgage firms as PHH Corp. and Flagstar Bancorp. Then again, in the past, both of these top-10 lenders have been the subject of takeover rumors with deals falling to the wayside over price or other concerns. This time it could be different. And then there’s...
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House GOP Working on Dodd-Frank Alternative, Democrats Vow to Maintain Existing Protections

March 17, 2016
Republicans on the House Financial Services Committee are working on a regulatory relief bill as an alternative to the Dodd-Frank Act, many of the regulatory provisions of which have yet to be promulgated more than five years after enactment. Rep. Jeb Hensarling, R-TX, chairman of the committee, made the announcement and revealed some of the details earlier this week during a government relations event sponsored by the American Bankers Association in Washington, DC. “I can report...
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