You know none of this would have happened if they had not deregulated the mortgage industry. It smells like a setup!
Cuomo Subpoenas Fannie, Freddie, Widening Loan Probe (Update5)
By Karen Freifeld, James Tyson and Sharon L. Crenson
Nov. 7 (Bloomberg) -- New York Attorney General Andrew Cuomo subpoenaed Fannie Mae and Freddie Mac as he expanded his investigation into ``widespread'' collusion between real estate appraisers and lenders including Washington Mutual Inc.
Cuomo is seeking information on whether home loans purchased by Fannie Mae and Freddie Mac, the two biggest investors in U.S. mortgages, were based on tainted property appraisals. Investment banks were also subpoenaed, he said, declining to name them.
The attorney general's investigation calls into question the value of securities Fannie Mae and Freddie Mac have guaranteed from mortgages provided by lenders. Cuomo said he discovered a ``pattern of collusion'' between lenders and appraisers and that he's targeting banks beyond Seattle-based Washington Mutual for potentially pressuring appraisers.
``I don't believe it's just about Washington Mutual,'' Cuomo said at a press conference in Manhattan today. ``I believe it's widespread. I believe it's the rule not the exception. And we're investigating Fannie Mae and Freddie Mac and other investment banks as to the underlying practices that have allowed this to go on for so long.''
First American Suit
Today's announcement came a week after Cuomo sued First American Corp.'s eAppraiseIT LLC unit for artificially increasing home values. eAppraiseIT caved to pressure from WaMu, Cuomo said. The savings and loan wasn't sued because it is regulated by federal rather than state agencies, he said.
Fannie and Freddie have agreed to continue purchasing WaMu's loans, the thrift said in a statement.
``The integrity of WaMu's appraisal process is very important and the company works hard to ensure that it operates properly,'' Washington Mutual said.
Cuomo's subpoenas strike at the foundation of the mortgage industry, which has profited from making home loans and then repackaging and selling them to investors.
Appraisals are a basis for Fannie Mae and Freddie Mac deciding whether to purchase home loans to put in their combined $1.5 trillion investment portfolios. Home valuations also are vital for their second main business line of guaranteeing pools of home loans for sale to investors. The companies guarantee about $4.7 trillion of mortgage securities.
``If the appraisal process is broken, the loans may not be worth what investors are led to believe they're worth,'' Eric Corngold, a senior prosecutor in Cuomo's office, said at the press conference.
Examiner Hired
The subpoenas give Cuomo access to information about mortgages Fannie Mae and Freddie Mac own or guarantee. The two companies own or guarantee 40 percent of $11.5 trillion of U.S. residential mortgage debt.
Fannie Mae and Freddie Mac also agreed to supply documents and hire an independent examiner to evaluate loans they bought from WaMu, Cuomo said.
David Schneider, president of Washington Mutual's home-loan division, said at a conference with investors that the thrift takes the accusations ``very seriously.''
Fannie Mae is ``concerned about the allegations in the complaint,'' said managing director Brian Faith in a statement. ``It is against our interest to purchase or guarantee mortgages with inflated appraisals, and so it is in Fannie Mae's interest that these appraisal practices be investigated.''
States Investigate
New York opened an investigation into the home loan industry nine months ago just after data from the Washington-based Mortgage Bankers Association showed an increase in delinquencies among subprime borrowers and a record rate of late payments by buyers who purchased houses with minimal down payments. States including California, Colorado, Ohio, and Connecticut are also investigating.
New York state sued First American, the largest U.S. title insurer, on Nov. 1 for artificially boosting home values through its eAppraiseIT LLC unit. The companies acted under pressure from eAppraiseIT's biggest client, Washington Mutual, which is the largest U.S. thrift, Cuomo said.
WaMu immediately suspended business with eAppraiseIT pending further investigation.
Washington Mutual shares tumbled after Cuomo's announcement. The stock fell $4.19, or 17 percent, to $20.04 at 4 p.m. That's the biggest decline in 20 years.
Fannie Mae also plummeted after Cuomo's announcement. The stock fell 10 percent to $49.79. Freddie Mac fell 8.5 percent to $45.18, and First American dropped 6.2 percent to $30.07.
Washington Mutual is the third largest provider of loans to Freddie Mac, selling $24.7 billion in loans in 2007 alone, Cuomo said. The thrift is also the fourteenth largest provider of loans to Fannie Mae, selling $7.8 billion in loans in 2007, he said.
Possible Fraud
``Every company that buys loans from Washington Mutual must be sure that the loans they purchased are not corrupted by this systemic fraud,'' Cuomo said.
Cuomo may prompt a decline in financing for U.S. mortgages should he allege widespread collusion in inflating appraisals before gathering sufficient evidence of such abuses, said Parham Behrooz, who helps oversee $18 billion of fixed-income assets at Tattersall Advisory Group in Richmond, Virginia.
``If you want to keep people in their houses you don't add pressure to a system that already has a lot of pressure on it,'' he said.
Fannie Mae and Freddie Mac said they will appoint an independent examiner to review appraisal practices. If the examiner determines Fannie Mae owns or guarantees mortgages backed by inflated appraisals, company policy requires that the lender buy back the loans.
Washington Mutual said it has enough money to buy back any loans that went sour if the thrift is shown to be responsible.
Fitch Subpoena
Cuomo, 49, has issued hundreds of subpoenas and interviewed hundreds of witnesses in the mortgage investigation. In September, credit rating companies Standard & Poor's and Fitch Ratings were subpoenaed. Fitch said Cuomo's office demanded information on residential mortgage-backed securities and collateralized-debt obligations, which hold mortgage-backed securities.
Until July and August, most mortgage lenders sold their loans to Wall Street firms that would bundle them into bonds and other securities for investors to buy. The practice came to a halt as the number of delinquencies among borrowers with weak or spotty credit histories doubled in the third quarter.
In August, lenders sent notices of default to 108,716 homeowners, more than double the 42,144 a year earlier and up 50 percent from July, according to Irvine, California-based RealtyTrac, which sells foreclosure data.
To contact the reporters on this story: Karen Freifeld
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