Federal Home Loan Mortgage Corporation - Page 10

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          incentive consistent with petitioner’s business preference to buy           
          mortgages in the secondary market.6                                         
               Under the prior approval program, an originator had the                
          right, but not the contractual obligation, to elect at any time             
          during the ensuing 60 days (or in some cases 15 days) to enter              
          into a mandatory commitment to deliver a conforming mortgage to             
          petitioner.  Under this program, petitioner committed to                    
          purchasing a mortgage when an originator delivered it to                    
          petitioner within the delivery period.7                                     
               Petitioner required originators to service the mortgages               
          they sold to petitioner.  Originators received compensation for             
          performing this service (the compensation is known as the minimum           
          servicing spread).  For the years at issue, the minimum servicing           
          fee (the originator’s retained spread over the life of the                  
          mortgage) was 25 basis points (bps)8 on mortgages less than $1              
          million, 12.5 bps on mortgages between $1 and $10 million, and              
          was negotiable on mortgages more than $10 million.                          


               6 For Federal income tax purposes, the 1.5-percent                     
          refundable portion of the commitment fee was treated by                     
          petitioner as a payable upon its receipt and was taken into                 
          income only if the underlying mortgages were not delivered to               
          petitioner.  Petitioner’s tax accounting for the 1.5-percent                
          refundable portion of the fee is not at issue.                              
               7 The Sellers’ & Servicers’ Guide does not use the term “put           
          options” or “put option” to describe these commitment                       
          arrangements.                                                               
               8 A basis point (bp) is 1/100th of a percent.                          





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Last modified: May 25, 2011