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Inside The GSEs

June 27, 2014

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OIG: FHFA Should Sue To Recover LPI Overcharges on GSE Coverage

A new audit released this week by the Federal Housing Finance Agency’s official watchdog found that Fannie Mae and Freddie Mac suffered $158 million of “financial harm” due to excessively priced lender-placed or “force-placed” insurance policies in 2012 alone. The FHFA-OIG audit notes that several state financial regulators found that the LPI rates in their states were excessive. The excessive costs were driven up by “profit-sharing arrangements under which servicers were paid to steer business to LPI providers. Such arrangements often took the form of commission structures and reinsurance deals,” according to the OIG. Read More

RBS Agrees to Pay FHFA $99.5M To Settle Non-Agency MBS Lawsuit

The Federal Housing Finance Agency late last week announced it reached a nearly $100 million settlement with RBS Securities to settle allegations tied to non-agency MBS bought by Freddie Mac from 2005 to 2007, but the deal represents just a fraction of the firm’s remaining exposure. The $99.5 million settlement only resolves claims against RBS in FHFA v. Ally Financial Inc. in the Southern District of New York. Ally Financial is the successor company to GMAC-RFC, a now defunct non-agency MBS issuer. Read More

FHLBanks Place Moratorium on Captive Insurers Used by REITs

The presidents of all 12 Federal Home Loan Banks are in talks with the Federal Housing Finance Agency over a newly issued moratorium on nonbank mortgage firms – mostly mortgage real estate investment trusts – gaining access to the system’s borrowing window through a captive insurance affiliate. The 90-day moratorium was voluntarily put in place by the FHLB presidents on June 12, said a spokesman for the Council of Federal Home Loan Banks, a trade group of sorts for the 12 regional government-sponsored enterprises. Read More

Forecast: GSE Risk-Sharing Deals To Exceed FHFA’s 2014 Goal

Fannie Mae and Freddie Mac are expected to continue issuing more risk-transfer deals even though both GSEs have effectively reached their 2014 targets. But some of the potential upside for investors has dissipated, according to separate analyses by Fitch Ratings and Wells Fargo Securities. Tight pricing on mortgage risk transfer securities issued by Fannie and Freddie indicates a “growing appetite for this relatively new and unique form of mortgage risk,” noted Fitch. Read More

Banking Committee Moves FHFA-IG Nomination to Full Senate for Vote

The Senate Banking, Housing and Urban Affairs Committee this week approved Laura Wertheimer to be inspector general of the Federal Housing Finance Agency, moving her nomination forward for full Senate consideration. Werthheimer, a Washington, DC, securities lawyer in private practice, would replace Steve Linick, who resigned last summer to serve as the State Department’s IG. During her nomination hearing before the committee last week, Wertheimer pledged to exercise her duties “aggressively and independently. Read More

Federal, State Regulators Focus On Servicing, Including GSE MSRs

A recently issued advisory by Fannie Mae’s and Freddie Mac’s conservator noting that the two GSEs should only approve mortgage servicing sales where the transactions “are consistent” sound business practices comes as part of a renewed federal and state focus on servicing, officials note. Although Fannie and Freddie have, for years, had minimum capital requirements for mortgage companies that want to become seller/servicers, the Federal Housing Finance Agency and state regulators are now exploring codifying a capital minimum for nonbanks, according to industry officials and state regulators. Read More

GSE Investor Group Wants FHFA to Hike Fannie, Freddie Guaranty Fees

Any action that the Federal Housing Finance Agency takes in setting GSE guaranty fees should take into account the agency’s conservatorship duty to direct economic stakeholders, including shareholders, noted a coalition of Fannie Mae and Freddie Mac investors. In a letter to FHFA Director Mel Watt Wednesday, Investors Unite Executive Director Tim Pagliara urged the agency head to take into account “the critical purpose of setting appropriate guaranty fees,” noting that the Finance Agency does not have a mandate as conservator to run Fannie and Freddie as not-for-profit entities. Read More

Enterprise Endnotes

DC Circuit Latest Court to Reject GSE Tax Collection Effort by Municipalities. A three-judge panel of the DC Circuit Court recently upheld a lower court ruling against Kay County in Oklahoma, which has been trying to collect real estate transfer taxes from Fannie Mae and Freddie Mac. In rejecting Kay County’s bid to get the GSEs to pay a 1 percent “documentary stamp tax,” the DC court’s finding became the latest in a growing number of… Read More

Fannie, Freddie MBS Activity Decreases Again in May

Fannie Mae and Freddie Mac in May resumed a more than year-long streak of declines with monthly decreases in the volume of single-family mortgages securitized by the two GSEs, according to a new Inside The GSEs analysis. Fannie and Freddie issued $44.8 billion in single-family mortgage-backed securities in May, a 1.3 percent decrease from the previous month. April’s $45.4 billion issuance proved to be just a brief reversal to the longer trend. Read More

FHLBank Agency MBS Investments Drop During First Quarter 2014

Fannie Mae and Freddie Mac mortgage-backed securities remained the preferred investment choice of the 12 Federal Home Loan Banks during the first quarter of 2014, with a very slight decline from the previous quarter, according to a new analysis and ranking by Inside The GSEs based on data from the Federal Housing Finance Agency. Meanwhile, Ginnie Mae securities posted an increase within the FHLBank system during the first three months of the year. Read More

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