The Federal Housing Finance Agency this week said it is still deliberating writedowns on Fannie Mae and Freddie Mac mortgages as industry insiders aren’t sure what to make of the agency’s recent thumbs up to GSE participation in two state principal reduction programs. Last month, the GSEs – with the FHFA’s blessing – opted to participate in principal reduction programs in California and Nevada. Both programs will use part of the $7.6 billion Hardest Hit Fund to pay down the loans Fannie and Freddie own or guarantee. The FHFA noted that critical directives issued by the GSEs last year cleared the way for participation in such programs as long as the servicers or the GSEs would not have to match those funds.

Fannie Mae demonstrated measurable progress during 2011 while conditions at Freddie Mac neither worsened nor improved significantly but both GSEs have ample room for improvement, according to a report issued this week by the Federal Housing Finance Agency. The FHFA’s fourth annual Report to Congress deemed the two GSEs “critical supervisory concerns” last year with “continuing credit losses” coming primarily from loans originated during the years 2005 to 2007. The report identified “key challenges facing each company, including the ongoing stress in the nation’s housing markets, the challenging economic environment and the uncertain future facing the enterprises,” noted the FHFA. “However, management and the boards were responsive throughout 2011 to FHFA’s findings and challenges and took appropriate steps to begin resolving identified issues.”

The Federal Housing Finance Agency has announced a new senior officer tasked to be the Finance Agency’s point person regarding its strategic plan for Fannie Mae and Freddie Mac. FHFA Acting Director Edward DeMarco two weeks ago appointed Wanda DeLeo as deputy director leading the agency’s newly created Office of Strategic Innovations. The new division will oversee and coordinate the FHFA’s strategic plan for GSE conservatorships. Unveiled in February, the FHFA’s plan outlines the next phase of Fannie and Freddie conservatorships.

Fannie Mae and Freddie Mac should remain intact, albeit smaller, as a hedge against future market uncertainty and to ensure further destabilization does not occur, according to a white paper issued last week by the Community Mortgage Lenders of America. The CMLA, the first industry trade group to unambiguously endorse retaining the GSEs, made its recommendation in a letter sent to Federal Housing Finance Agency Acting Director Edward DeMarco and Treasury Secretary Timothy Geithner as well as to senior Congressional Democrats and Republicans. “The CMLA believes that the housing industry and the public at large are best served through sensible and calculated reformation of the enterprises that reduces their footprint in the industry while at the same time allowing them to serve their historically critical functions,” said the letter.

As expected, Fannie Mae, in consultation with the Federal Housing Finance Agency, announced last week it appointed Timothy Mayopoulos as president and CEO and a member of the board amid concern expressed by lawmakers of “excessive compensation” at both GSEs. Mayopoulos, 53, currently serves as executive vice president, chief administrative officer and general counsel, but has served in a number of other critical capacities since joining Fannie in April 2009.When he assumes the corner office on June 18, Mayopoulos will become the company’s third CEO in four years, succeeding Michael Williams, who announced he would step down in January.

The number of Fannie Mae and Freddie Mac mortgages refinanced through the Home Affordable Refinance Program nearly doubled during the first three months of 2012 compared to the fourth quarter 2011, according to the Federal Housing Finance Agency. The FHFA’s March 2012 Refinance Report, released earlier this month, showed that HARP production skyrocketed 93.4 percent in the first quarter of 2012, to a record 180,185 loans. Fannie’s HARP production jumped 79.8 percent while HARP volume at Freddie was up a whopping 111.1 percent during the three-month period ending March 31, 2012.

The Federal Housing Finance Agency this week proposed to reduce the affordable housing goals for Fannie Mae and Freddie Mac through 2014. The low-income housing goal would be lowered from the current 27 percent to 20 percent, and the very-low-income target would drop slightly, from 8 percent of the government-sponsored enterprises’ business to 7 percent. The Finance Agency has not yet calculated the GSEs’ performance on their 2011 affordable housing goals, although un-verified calculations by both companies show that they missed several targets last year. That was also the case in 2010.

Manhattan District Attorney Cyrus Vance has charged Abacus Federal Savings Bank and a group of its former employees in a massive mortgage fraud scheme for allegedly originating and selling fraudulent mortgage loans to Fannie Mae over a five-year period. The Manhattan-based bank, which provides loans and other banking services in New York City’s Chinatown, as well as 19 former employees, were charged with residential mortgage fraud, securities fraud, grand larceny, conspiracy and falsifying business records. Eleven of the bank’s employees were indicted in state court two weeks ago, while eight waived indictment and admitted guilt, according to the DA’s 184-page indictment.

Data are one of the big drivers behind the Consumer Financial Protection Bureau’s decision to re-open the public comment period on its ability-to-repay rule before making the new regulation final. The Federal Register notice that announces the re-opening the comment period explains that the CFPB has received data from the Federal Housing Finance Agency tracking the performance of loans bought or backed by Fannie Mae and Freddie Mac from 1997 to 2011. The CFPB has also received data on other securitized mortgages. According to the bureau, the data can be tapped for a variety...

In the case of Brisbin v. Aurora Loan Services LLC, the U.S. Court of Appeals for the Eighth Circuit has ruled that a lender’s oral promise to postpone foreclosure is unenforceable; that is, that such a promise is a credit agreement that has to be in writing if it is to be enforceable. Borrower Alison Brisbin filed this lawsuit in Minnesota state court against Aurora Loan Services LLC, Mortgage Electronic Registration Systems Inc. and Freddie Mac, seeking legal and equitable relief from the foreclosure and sale of her home. She alleged three legal theories for invalidation of the...