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Inside The GSEs

June 29, 2012

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Industry Wary of Congress Raids on G-Fees

Despite warning lawmakers to avoid looking at Fannie Mae’s and Freddie Mac’s guarantee fees as a (mostly) untapped revenue stream to pay for pet projects, mortgage industry officials say they remain on high alert to repel raids from a cash-hungry Congress. G-fees on Fannie and Freddie single-family mortgage-backed securities have been edging higher over the past year and in April took a 10 basis point leap higher. While there is debate within the industry whether to hike or to hold g-fees as a way to further a post-crisis recovery, all agree that the funds the GSEs charge lenders must stay with Fannie and Freddie. Read More

OIG: Oversight of FHLBank Lending Flawed

Despite indications of heightened risk that the Federal Housing Finance Agency initially missed, the Federal Home Loan Banks substantially increased their unsecured lending to foreign financial institutions in 2010 and 2011, particularly in Europe, according to a report issued this week by the FHFA’s official watchdog. The FHFA’s Office of Inspector General noted that unsecured lending by the FHLBanks swelled from $66 billion at the end of 2008 to more than $120 billion by early 2011, but declined sharply by year-end 2011, as the European sovereign debt crisis continued to worsen. Read More

GAO to FHFA: Hurry Up Already With Principal Reduction!

The Federal Housing Finance Agency should “expeditiously finalize” its long-awaited analysis as to whether Fannie Mae and Freddie Mac will be allowed to offer principal forgiveness modifications under the Treasury Department’s Home Affordable Modification Program, according to the Government Accountability Office. In a report issued late this week, the GAO reminded the FHFA that the Obama administration’s loan modification program, which would be used to implement any principal reductions, expires at the end of December 2013. Read More

FHFA Countersues IL Counties Seeking GSE Taxes

Fannie Mae’s and Freddie Mac’s conservator is pushing back in court against local government efforts to squeeze the GSEs for payments of real estate transfer taxes – taxes that are contrary to the companies’ Congressional charter and to federal law, according to the Federal Housing Finance Agency. Last week, the FHFA filed suit in the U.S. District Court for the Northern District of Illinois against the Illinois Department of Revenue and six counties led by DeKalb County that are trying to collect transfer taxes from Fannie and Freddie. The counties initiated litigation earlier in the week by filing a class-action lawsuit to compel the GSEs to pay hundreds of thousands of dollars in uncollected real estate transfer taxes from the past five years. Read More

‘Test Case’ UBS Appeals Dismissal Denial of GSE Suit

A federal judge earlier this month had ruled that the Federal Housing Finance Agency’s case against UBS Americas will serve as the “test case” in a series of lawsuits that FHFA has filed concerning failed residential mortgage-backed securities. However, in another ruling a week later, Judge Denise Cote of the U.S. District Court for the Southern District of New York granted a motion by UBS to appeal her May 4 denial of the bank’s motion to dismiss on statute of limitation grounds. Judge Cote’s June 13 decision denied UBS’ request that it should not be the first of 17 cases to proceed because it was not a loan originator and it was not accused of fraud. Read More

FHFA-OIG to Audit Fannie, Freddie REO Performance

The Federal Housing Finance Agency’s Office of Inspector General said it wants to ensure that Fannie Mae, Freddie Mac and their regulator are making the most of their real estate-owned policies given the expected increase in REO activities in the years to come. The FHFA-OIG’s audit report issued earlier this month noted that between 2007 and the end of 2011, the two GSEs have nearly tripled their REO inventories to nearly 180,000 units and their related expenses to $8.5 billion. “Given the ongoing delays in the foreclosure process and the financial distress in which millions of American homeowners continue to find themselves, the enterprises are likely to face elevated REO inventories and costs for years to come,” said the OIG. Read More

FHFA Proposes Unified Exams for Fannie, Freddie, FHLBanks

The Federal Housing Finance Agency would employ a new, more comprehensive examination rating system which would be used to inspect Fannie Mae, Freddie Mac and the Federal Home Loan Banks and the Banks’ Office of Finance under a proposed rule issued last week. The proposed new system, published in the June 19 Federal Register, seeks to implement a single risk-focused examination system for all three entities that would be similar to the “CAMELS” rating system used by federal prudential regulators for depository institutions. Read More

FHFA Deploys Short-Sale Policy for Military Loans

Military homeowners holding Fannie Mae or Freddie Mac loans with Permanent Change of Station Orders will be eligible to sell their homes in short sale even if they are current on their mortgage under a new policy announced by the GSEs’ regulator late last week. The Federal Housing Finance Agency’s short-sale policy change is intended to make it easier for military homeowners with GSE loans to honor their financial commitments when they are required to move… Read More

Rule Would Exclude GSEs From Loans with PACE Liens

Fannie Mae and Freddie Mac would be excluded from purchasing loans subject to Property Assessed Clean Energy liens under a rule formally issued by the Federal Housing Finance Agency regulator two weeks ago. The FHFA’s notice of proposed rulemaking, was published in the June 15 Federal Register for public comment in compliance with a federal court order. The proposed rule directs Fannie and Freddie “not to purchase any mortgage where PACE financing with a priority lien was placed on the underlying property. Such financing moves ahead of the pre-existing first mortgage in lien priority, and thereby subordinates Fannie Mae and Freddie Mac security interests in the property.” Read More

GSE Loss Mitigation Activity Declines in 1Q12

Fannie Mae’s and Freddie Mac’s home retention activity declined for the most part during the first quarter of 2012, according to a new analysis of Federal Housing Finance Agency data by Inside The GSEs. Total loss mitigation activity – total home retention efforts and foreclosure alternatives combined – declined 5.0 percent during the first quarter of the year to 214,812 and was down 14.3 percent from year-ago levels. Our analysis was based on the FHFA’s First Quarter 2012 Foreclosure Prevention Report. Total home retention efforts came to 111,739 at the end of the first quarter, a decrease of 7.4 percent from the fourth quarter 2011 and down 22.4 percent from the same period a year before. Read More

FHFA Issues Final Rule on Prudential Standards

The Federal Housing Finance Agency last week finalized a rule which establishes prudential standards relating to the management and operations of Fannie Mae, Freddie Mac and the Federal Home Loan Banks. The Housing and Economic Recovery Act of 2008 requires the FHFA director to establish standards that address 10 separate areas relating to the management and operation of the GSEs and FHLBanks and authorizes the director to establish the standards by regulation or by guideline. Read More

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