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9/15/2011-Government Requests Banks To Buyback $30 Billion Of Defaulted Mortgages

 

Defaulted mortgage loans sold to Fannie Mae and Freddie Mac during the peak years of the mortgage boom are now resulting in billion dollar losses for some of the largest banks in the country.

Fannie Mae and Freddie Mac, now under the conservatorship of the Federal Housing Finance Agency (FHFA), are seeking to limit their losses on defaulted mortgages by demanding that banks repurchase defaulted mortgages.  Fannie and Freddie are claiming that banks sold them loans that did not “meet the Enterprises’ underwriting and eligibility guidelines” and are therefore contractually obligated to repurchase the defaulted loans.

Buyback requests have resulted in major losses for some banks.  Bank of America, facing buyback requests of up to $20 billion, has already incurred losses of about $3.5 billion since early 2009.

Banks selling loans to Fannie and Freddie are obligated to repurchase loans that did not meet the contractual “representations and warranties” made when the loans were sold.  In order to reduce their own losses on defaulted mortgages, Fannie and Freddie are scrutinizing defaulted loans for any evidence of contractual violations.

The amount of defaulted mortgages that banks are being asked to repurchase now totals approximately $30 billion.  In testimony before Congress, Edward DeMarco, Acting Director of the FHFA, detailed the extent of the buybacks requests and noted that many banks are resisting the buyback demands.

Although the Enterprises have made progress in enforcing lenders’ representation and warranty obligations, outstanding repurchase requests continue to be of concern to FHFA. During 2009, the Enterprises’ lenders repurchased $8.7 billion of single-family mortgages, and slightly higher volumes are being repurchased in 2010. However, as of the end of the second quarter 2010, Fannie Mae had $4.7 billion in outstanding repurchase requests, and Freddie Mac had $6.4 billion in outstanding repurchase requests.

More than one-third of these repurchase requests have been outstanding for more than 90 days. Many of the lenders with aged, outstanding repurchase requests are among the largest financial institutions in the United States. The delays by lenders in repurchasing these loans are a significant concern to FHFA. There are ongoing discussions between the Enterprises and lenders to reach a workable solution. If these discussions do not yield reasonable outcomes soon, FHFA may look to its supervisory and conservatorship authorities provided under the statute to resolve the situation.

The FHFA, as conservator for Fannie and Freddie, has considerable power to eventually force the banks to buy back defaulted mortgages.  The goal of the FHFA is to limit the need for future capital request from the US Treasury and reduce losses to the taxpayer.  The banks that receive buyback requests often go after the lender that originally sold the loan to them.  With hundreds of billions in defaulted mortgages, the battle over who eventually takes the losses is likely to take years.

The FHFA is also seeking potentially larger buyback requests on their portfolio of defaulted private-label mortgage-backed securities (MBS).  Private-label mortgages are mortgage loans not underwritten under Fannie and Freddie guidelines.   Many of the private label mortgages were underwritten with little regard to income verification or credit rating and have experienced very high default rates.

Private-label mortgages were often packaged into MBS and Fannie and Freddie unwisely purchased significant amounts of these securities which resulted in huge losses.  Fannie Mae and Freddie Mac presently hold about $43 billion and $97 billion, respectively, of private-label mortgages.

Due to the fact that the FHFA did not have the proper documentation to determine if reps and warranties were violated by the private-label MBS counterparties, the FHFA issued subpoenas to 64 “various entities” requesting loan files and transaction documents.  If the FHFA determines that the MBS issuers are liable for losses incurred by Fannie and Freddie, they will seek to recover those losses.   Many of the MBS were issued by some of the largest firms on Wall Street who may now be facing billions of dollars in losses.

 ApcoTects            

 ApLan Consulting Group

 Apco Construction Services

 Apco Pacific Inc

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9/05/2011  Six Ideas for Immediate Job Creation: Will They Work?

By Carol Tice

There's a critical missing ingredient that's put the brakes on economic recovery: new jobs.

We don't have nearly enough of them. In preparation for Labor Day, government officials and business leaders alike were brainstorming about new ways to get what we really need: more jobs, and quick.

Here are six of the ideas for stimulating job growth being discussed right now:

 

1. Approve more free-trade agreements. The U.S. Chamber is bullish on this one, estimating 380,000 jobs could be saved and thousands more created if already pending trade agreements could just get officially signed into law.  

2. Green light infrastructure projects. This is a time-honored way to get jobs humming, particularly in the hard-hit construction industry. Both the Chamber and President Barack Obama are on it -- the president has instructed the Departments of Agriculture, Commerce,  Housing and Urban Development, Interior and Transportation to each identify and fast track up to three high-priority infrastructure projects that already have funding, and get them rolling within 18 months.  

3. Go green. The president's Better Buildings Initiative aims to create jobs while upgrading buildings for energy efficiency, saving American businesses $40 billion in energy costs.  

4. Tax credits. Yes, you've heard this one before, but the idea of extending previous tax credits for companies that add jobs (now expired) is reportedly back on Obama's list for consideration.  

5. More internships in key fields. The President's Council on Jobs and Competitiveness has been out convincing big companies to hire more engineering interns, to create more opportunity and stimulate interest in science and technology fields, where the U.S. is forecast to have a shortfall of trained workers in future. Maybe this one's not so much about creating jobs as trying to fill science jobs with American workers rather than immigrants from India and China.  

6. Remove regulatory barriers. Even though the Obama administration recently moved to trim much of the regulatory red-tape weighing businesses down, the Chamber and Republicans in general want to see even more action on this front. Though, for many businesses this is more of a state or local problem than a national one.

Of course, a lot of these ideas are focused on bigger-picture changes rather than small ones that may deliver quicker results. Big programs tend to help big businesses, and then maybe those corporations or government agencies subcontract to some smaller businesses and the job creation trickles down to entrepreneurs. We'll see which of these ideas can get off the ground anyway, given the Democratic President/Republican House of Representatives divide.

September 15, 2010 –

Government Requests Banks To Buyback $30 Billion Of Defaulted Mortgages