Fannie Mae

Freddie and Fannie Foreclosure Attorney Networks

On October 18, the FHFA directed Fannie Mae and Freddie Mac to adopt a system for foreclosure attorneys where mortgage servicers select qualified law firms that meet certain minimum, uniform criteria. The changes will be implemented after a transition period during which input will be taken by the FHFA from servicers, regulators, lawyers, and other market participants. FHFA Release.

House Committee Investigates Cost of Federal Housing Finance Agency RMBS Lawsuits

The House Committee on Oversight and Government Reform, as part of its ongoing monitoring of the Federal Housing Finance Agency (“FHFA”), is investigating the cost to the government of numerous lawsuits against financial institutions brought on behalf of Fannie Mae and Freddie Mac by Quinn Emanuel and Kasowitz Benson. In a September 29, 2011 letter to the Acting Director of the FHFA, Rep. Darrell Issa (R-Cal.), Chairman of the committee, requested detailed information about the FHFA’s decision-making process in selecting counsel, the terms of the representation agreements with each firm, the expected value of the lawsuits, and the expected cost of the representations. Rep. Issa requested an explanation of the FHFA’s decision to use private law firms instead of government lawyers and also requested copies of all RMBS-related communications between the FHFA and the Department of Justice or other government agencies. Rep. Issa asked the FHFA to respond by October 13. Letter.

FHFA Sues 17 Banks For More Than $200 Billion In MBS Losses

On September 2, 2011, the Federal Housing Finance Agency (“FHFA”) – the federal agency overseeing Fannie Mae and Freddie Mac – filed suit against 17 major banking institutions in New York and Connecticut courts. The suits claim that the banks misrepresented the quality of the mortgage loans backing securitizations purchased by Fannie Mae and Freddie Mac, and bring claims under Sections 11, 12, and 15 of the Securities Act of 1933. Complaints.

More Entities Intervene and Demand Information Regarding Bank of America’s Proposed $8.5 Billion Settlement

Two additional entities have formally objected to the proposed Bank of America settlement. The Federal Deposit Insurance Corp. (“FDIC”) filed an objection on August 29, 2011. The Federal Housing Finance Agency (“FHFA”), in its capacity as conservator of Fannie Mae and Freddie Mac, filed an objection on August 30, 2011. Both seek further information regarding the proposed settlement in order to determine whether or not the settlement is fair. Additional objections are unlikely as August 30, 2011 was the deadline to intervene in the action. FHFA Objection. FDIC Objection.

FHFA Sues UBS For Misrepresenting RMBS Risk

On July 27, 2011, Fannie Mae and Freddie Mac’s regulator, the Federal Housing Finance Agency, sued UBS and several of its executives in New York federal court under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933. The complaint alleges that between September 2005 and August 2007, Fannie Mae and Freddie Mac purchased over $4.5 billion in RMBS from UBS in connection with 16 different securitizations. Plaintiff claims that the RMBS registration statements, which contained loan and origination information, contained materially false statements regarding the quality of the mortgages in the securitizations, and the complaint focuses specifically on alleged borrower fraud and faulty underwriting practices. Complaint.

New Fannie Mae Servicing Standards

On June 6, Fannie Mae issued new standards for mortgage servicers under the FHFA’s Servicing Alignment Initiative relating to: (i) management of delinquent loans; (ii) default prevention; and (iii) foreclosure time frames. These standards are reinforced by new incentives and compensatory fees. Fannie Mae Release. Delinquency Management and Default Prevention Announcement. Foreclosure Time Frames and Compensatory Fee Announcement.