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Eleventh Circuit Opinion in GNMA-Related Case Shines Light on Two Important Securities Fraud Laws

July 22, 2016
Stakeholders in the MBS market should pay attention to a recent U.S. 11th Circuit opinion concerning a jury verdict in which the court focused on the similarities and differences between two kinds of securities fraud, suggested attorneys in their analysis of the case. Although the opinion in SEC v. Radius Capital Corp. is unpublished and not a binding precedent, it gives further clarity to two of the most important rules used by the Securities and Exchange Commission in targeting securities fraud, according to attorneys with the law firm Carlton Fields. The SEC sued...
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Bulk MSR Sales Heated Up in 2Q16 Along With Surge in Co-issuance

July 22, 2016
The secondary market in mortgage servicing rights rebounded during the second quarter of 2016 after starting the year with a thud, according to an exclusive Inside Mortgage Trends analysis of mortgage-securities disclosures by Fannie Mae, Freddie Mac and Ginnie Mae. The three agencies saw a combined $42.95 billion of MSR change hands in bulk transactions during the second quarter. That was up 20.6 percent from the first quarter, when ... [Includes two data charts]
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Small Banks’ MSR Holdings Tied to GSE Sales

July 22, 2016
Small banks have increased their holdings of mortgage servicing rights in recent years as more of these institutions switched to delivering mortgages directly to the government-sponsored enterprises, according to an analysis by federal banking regulators. Small banks, those with total assets less than $10.0 billion, held 8.0 percent of the banking industry’s total mortgage servicing assets in 2015, up from a share of less than 2.0 percent as recently as 2009. Small banks have increased ...
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Originations Surge in 2Q16, But Profits Sagging

July 22, 2016
Top commercial banks reported substantial increases in mortgage production during the second quarter, but mortgage-banking income was lagging, according to a new analysis of earnings reports by Inside Mortgage Trends. In aggregate, the five large banks reported $124.25 billion in mortgage originations for the second quarter, a hefty 30.1 percent increase from the first three months of the year. At the high end, Wells Fargo said its mortgage ... [Includes one data chart]
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Consumer-Direct Channel Has Benefits for Lenders

July 22, 2016
Lenders operating in the consumer-direct channel have a distinct opportunity to use technology to improve the mortgage experience for borrowers, according to findings from the Strategic Mortgage Finance Group. Garth Graham, a senior partner at the firm more commonly referred to as Stratmor, detailed the findings in a new publication from the mortgage-industry consulting firm. The Stratmor executive suggested that consumer-direct lenders should work with technology that ...
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Distressed Households Try to Pay the Mortgage

July 22, 2016
Unemployment and negative equity have a large influence on a household’s decision to default on their mortgage, but a study by a team of government economists and academics has found that most financially distressed households manage to keep current on their loan. Another surprising finding by the study “Can’t Pay or Won’t Pay? Unemployment, Negative Equity, and Strategic Default” is that strategic defaulters are few and rare despite the publicity they get ...
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Fewer Underwater Borrowers Due to Rising Prices

July 22, 2016
Underwater borrowers are regaining equity, student loan debt is increasing, and FHA may be losing revenue due to decreasing recovery rates, according to the latest report from Black Knight Financial Services. Data as of the end of May 2016 indicate that 425,000 underwater borrowers are breathing easier as usable equity rose by $260 billion in the first quarter of 2016, thanks to improving housing prices, the report said. This translates into a 6 percent increase in ...
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TPO Market Share Nudged Higher in 2Q16

July 22, 2016
When origination volume begins growing rapidly, as it appears to have in the second quarter, lenders often ramp up their third-party origination platforms rather than beef up their retail production capacity. According to a new Inside Mortgage Trends analysis of agency mortgage-backed securities data, Fannie Mae, Freddie Mac and Ginnie Mae securitized $156.23 billion of TPO loans during the second quarter, a 32.2 percent increase over the previous ... [Includes one data chart]
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Nonbanks Continue Gaining Market Share in Servicing

July 22, 2016
Large depository institutions continued to let their servicing portfolios of loans pooled in Fannie Mae and Freddie Mac mortgage-backed securities slowly decline in the second quarter of 2016. A new Inside The GSEs analysis shows that banks, thrifts and credit unions still accounted for the lion’s share of GSE MBS servicing at the end of June. Depositories serviced $2.778 trillion of Fannie and Freddie single-family loans tied to MBS, or 66.6 percent of the total market. But that was down 0.9 percent from the previous quarter during a period when the total servicing of GSE single-family MBS edged slightly higher. Nonbanks, however, .... [includes two charts]
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GOP Platform Released, Seeks to Limit Fed Involvement in Housing

July 22, 2016
This week, the Republicans adopted their official platform and called the GSE conservatorship a “corrupt” way of doing business. The GOP said the Great Recession devastated the housing market and caused taxpayers to pay billions of dollars to rescue Fannie Mae and Freddie Mac. They blame Democrats in Congress and the Obama administration for preventing efforts to reform the GSEs since they’ve been in conservatorship. “Their corrupt business model lets shareholders and executives reap huge profits while the taxpayers cover all loses,” the platform said. While vague in taking a stance on what should be done with Fannie and Freddie, the platform simply stated that the utility of both agencies should be “reconsidered.”
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