Secondary Market

A New York federal judge ruled Monday against the proposed $285 million settlement agreed to by Citigroup and the Securities and Exchange Commission (SEC) in October. Judge Jed Rakoff said he has ""regretfully"" concluded that the agreement is neither reasonable nor in the public interest. Rakoff's opposition is rooted in the lack of evidence needed to determine whether the settlement is sufficient and the fact that Citigroup did not admit fault. He has set a trial date of July 16 for the issue to be aired in public.

Freddie Mac has expanded its winter REO sales incentive program to the states of Alaska, Kansas, Kentucky, Missouri, Oregon, and Washington. That makes the promotional offer now active in 33 states and the District of Columbia. The winter sales promo is being offered through HomeSteps, Freddie Mac's REO disposition unit, and pays an extra $1,000 bonus to the selling agent, as well as additional incentives to owner occupant buyers. Offers must be received by January 31, 2012.

Carrington Mortgage Services, LLC has announced the hiring of Brad Nease as SVP, capital markets. In this newly created position, Nease will lead the secondary marketing efforts for the company's growing loan origination business, and will be responsible for product development, investor relations, loan trading, and warehouse lending. Nease has more than 28 years' experience in the industry. He joins Carrington from ICON Residential Lenders, where he was COO of capital markets.

September marked the 20th consecutive month that distressed sales made up more than 20 percent of commercial property sales, according to Moody's/REAL Commercial Property Price Index. The index reported distressed transactions for the month accounted for 25.9 percent of all commercial transactions. While distressed sales were in keeping with recent trends, commercial property prices broke a four-month streak of increases with a 1.4 percent decline in September, according to Moody's.

A federal judge has ruled to allow the Delaware and New York attorneys general to pursue litigation in Bank of America's $8.5 billion settlement with mortgage investors. Bank of America reached the settlement agreement in June with Bank of New York Mellon, the trustee for the 530 mortgage-backed securities trusts in question. But the judge has ruled that there's more at stake than the financial interests of the few major investors involved in the settlement negotiations.

Sen. Bob Corker of Tennessee introduced legislation in early November aiming to wind down Fannie Mae and Freddie Mac over the next 10 years and replace the Mortgage Electronic Registration System (MERS) with a new government-run registry. According to the ratings agency DBRS, Corker's proposal could give the private market for mortgage securitizations a much needed boost, and the creation of a new MERS database could ease investor concerns over the legal battles facing the original system.

Did policies in place at Fannie Mae and Freddie Mac help fuel foreclosure abuses such as robo-signing? That's the question posed by Rep. Elijah Cummings to the GSEs' regulator. As ranking member of a House oversight committee, the nation's housing crisis has been a central focus of Cummings' work. He says documents show FHFA directed the GSEs to fine servicers $150 million in 2010 for not processing foreclosures fast enough, even though an internal report concluded servicers were overloaded and documentation problems were evident.

First Guaranty Mortgage Corp. (FGMC), signaling that it will become more aggressive in the capital markets channel, has added Mark Mayhook as managing director, capital markets. FGMC is a national mortgage lending firm offering retail, wholesale, and correspondent mortgage solutions to clients of varying income and credit types as well as financial institutions of all kinds.

Lawmakers voted late Thursday to increase the ceiling for loans insured by the Federal Housing Administration (FHA). Included in a ""minibus"" spending bill passed by both the House and Senate was an amendment to restore the FHA loan limit to $729,750 in high cost areas. The maximum loan limit was lowered from that amount to $625,500 on October 1st for government housing agencies, including FHA, Fannie Mae, and Freddie Mac. The loan limits for Fannie Mae- and Freddie Mac-backed mortgages were not raised with the newly passed measure.

Freddie Mac plans to re-securitize certain mortgage loans that were previously delinquent but have been reinstated to current, performing status. The new-issue bonds will not, however, include loans that have been modified. The GSE says this new avenue for securitization will provide more flexibility for the company to manage its mortgage-related investment portfolio and its distressed assets. Freddie Mac expects to make its first offering of reinstated loans later this month.