Secondary Market

A three-judge panel of the Oregon Court of Appeals affirmed a lower court ruling rejecting a borrower's use of the ""split the note"" theory to argue against a non-judicial foreclosure, MERSCORP Holdings (MERS) announced.

The Bipartisan Policy Center's Housing Commission painted an interesting picture of the future role of the federal government in housing finance in a recent report. The report helped to define the gap between a healthy private housing finance system and what we have now. The good news is that many of the elements of a healthy system seem to be just around the corner. However, there is one part of the secondary market that is far from recovered--monoline insurance companies.

Servicers continue to make strides in home retention efforts, completing more than 360,000 retention actions in the fourth quarter of 2012. However, Fitch Ratings detects continued weak asset quality trends, especially among loans modified from 2008 through 2010. In fact, Fitch's findings lead the agency to fortify its belief that troubled debt restructurings should be counted as nonperforming assets. ""[W]e regard the high delinquency and foreclosure rates for recently modified mortgages as reflective of still elevated residential mortgage asset quality problems,"" Fitch said.

Since the housing crisis, many large banks have sold off servicing portfolios to smaller, emerging companies. According to a recent study, these portfolios often begin to perform better after the transfers. Opera Solutions found faster liquidations and better long-term performance for modified loans after portfolios were sold. According to the study, two servicers stand out for acquiring the ""lion's share"" of servicing rights--Ocwen and Nationstar. At Ocwen, which acquired the most loans, the study detected higher levels of foreclosures and REO rates immediately following acquisitions. However, after a period of months, Ocwen's portfolios stabilized and improved.

Fannie Mae earned a quarterly net income of $7.6 billion in Q4 and an annual net income of $17.2 billion throughout 2012. Both figures represent the largest quarterly and annual net incomes in the company's history. Fannie Mae credited last year's growth to improved credit results driven by a decline in serious delinquency rates, an increase in home prices, and higher sales prices on Fannie Mae-owned properties. For the full year, Fannie Mae paid $11.6 billion in dividends to Treasury under the senior preferred stock purchase agreement between the two organizations.

The National Association of Home Builders expressed its support for a housing finance system that phases out Fannie Mae and Freddie Mac but maintains a degree of federal support. ""[A] federal backstop should be a fundamental element of bipartisan legislation moving forward,""said Rick Judson, NAHB chairman. The Bipartisan Policy Center Housing Commission and the Mortgage Bankers Association have also expressed support for a housing finance system that calls for an expanded role of private capital while maintaining a level of federal support as measure of last resort.

Fannie Mae and Freddie Mac continue to administer foreclosure prevention efforts while experiencing declines in delinquencies, foreclosures, and REO inventories, according to a report from the Federal Housing Finance Agency (FHFA). The GSEs enacted 541,219 foreclosure prevention actions in 2012, contributing to a total of 2.7 million foreclosure prevention efforts since the enterprises came under government conservatorship in 2008, according to the report. Over the year, delinquencies also fell by a substantial 14 percent with the FHFA reporting declines in every state except New Jersey and New York.

The Federal Housing Finance Agency (FHFA) introduced a new tool to help seriously delinquent borrowers avoid foreclosure. Starting July 1, Fannie Mae and Freddie Mac servicers will lift loan modification barriers by offering eligible borrowers reduced payments without asking for financial or hardship documentation. Through the FHFA's Streamlined Modification Initiative, eligible borrowers who are 90 days to 24 months past due will receive a solicitation offer with a trial period plan that lasts for three months. The offer will include a dollar amount for a new mortgage.

A new report from the watchdog for the Federal Housing Finance Agency (FHFA) charges that the department isn't doing enough to make sure companies doing business with the GSEs are adhering to consumer protection laws. The Office of the Inspector General for FHFA (FHFA-OIG) released an audit report Tuesday examining the agency's oversight of Fannie Mae and Freddie Mac's monitoring of businesses that sell and service loans.

New home sales fell 4.6 percent to a seasonally adjusted annual rate of 411,000 in February, the sharpest drop in two years, the Census Bureau and HUD reported Tuesday. At the same time, the months' supply of new homes for sale rose to the highest level since December 2011. The median price of a new home, according to the Census/HUD report, rose $7,200 in February after falling $20,500 in January. The median price is up 2.9 percent in the last year, the weakest year-over-year gain in eight months.