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Other News In Brief/Legal News

March 21, 2016
CFPB Now Accepting Complaints About Online ‘Marketplace’ Lenders. The bureau is now taking complaints from the public about online marketplace lenders, including companies that play in the mortgage space. “When consumers shop for a loan online we want them to be informed and to understand what they are signing up for,” said CFPB Director Richard Cordray. “All lenders, from online startups to large banks, must follow consumer financial protection laws. By accepting these consumer complaints, we are giving people a greater voice in these markets and a place to turn to when they encounter problems.” The bureau also released a consumer bulletin that outlines tips for consumers who are considering taking [with exclusive data chart] ...
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NAR Urges Senate to Support BIll that Limits G-Fee Usage

March 18, 2016
Full Senate to cosponsor a bipartisan bill that aims to make sure guaranty fees from Fannie Mae and Freddie Mac will not be used for other purposes. Legislation, S.752, was introduced by Sens. Bob Crapo, R-ID and Mark Warner, D-VA, in March 2015, to establish a scorekeeping rule so g-fee increases aren’t going toward offsetting spending that increases the deficit. Tom Salomone, president of the NAR, said any time g-fees are extended, increased and diverted for unrelated spending, homeowners are charged more for their mortgage and taxpayers are exposed to additional long-term risk. He emphasized that the purpose of g-fee revenue is to guard against GSE credit losses and should only be used to protect taxpayers from mortgage losses.
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Former Fannie CFO Criticizes CAS Risk-Sharing Terms

March 18, 2016
The former CFO of Fannie Mae is not a fan of the GSE’s popular Connecticut Avenue Securities risk-sharing transactions, noting that the terms and pricing on recent CAS deals have worsened since the program began in 2013. Tim Howard, who left Fannie in 2004 and was involved in litigation regarding his tenure there, said the costs incurred don’t match the potential benefit, especially in the company’s latest transactions. Over the past three years, Fannie has issued $13.4 billion in CAS notes covering $467 billion in newly originated single-family mortgages. Howard said this leaves the company to pay about $7 billion over the next 10 years in premiums and hedging costs.
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MBS Inventory Creeped Higher in Late 2015, No Shortage of Investors

March 18, 2016
John Bancroft
There are two sides to the story. A year from now, the agency MBS market could reach the $6.0 trillion mark...
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MBS Outstanding Balance Continued Creeping Higher in Late 2015, No Shortage of Investors

March 18, 2016
After starting 2015 with a net decline in supply of outstanding single-family mortgage securities, the market began to rally and ended the year with a modest gain. A new analysis by Inside MBS & ABS reveals that total residential MBS in the market reached $6.412 trillion at the end of last year, an 0.5 percent increase from the third quarter and up 1.0 percent from yearend 2014. The growing supply of residential MBS slightly outpaced the 0.3 percent increase in home mortgage debt outstanding, resulting in a 64.2 percent securitization rate in the fourth quarter. There are...[Includes two data tables]
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Trouble in Appraisals? FHA and VA Valuations Often Miss the Mark

March 18, 2016
Brandon Ivey
A Realtor based in California noted that selling prices are generally increasing, but at widely disparate rates based on location...
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Chase to Issue $1.89 Billion Non-Agency MBS Compliant With FDIC Safe Harbor, Retaining Most of the Security

March 18, 2016
JPMorgan Chase is preparing to issue the first non-agency MBS that will comply with a securitization safe harbor established by the Federal Deposit Insurance Corp. in 2010, according to presale reports published this week. The $1.89 billion Chase Mortgage Trust 2016-1 received preliminary AAA ratings from Fitch Ratings and Moody’s Investors Service. According to Fitch, Chase will sell only the subordinateclasses to investors, retaining the senior tranche, which accounts for 87.7 percent of the MBS. To meet the FDIC safe-harbor requirements, Chase will also retain...
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SEC Weighs Further Rules for ABS Transparency As Issuers Grapple with the Costs of Disclosure

March 18, 2016
When the Securities and Exchange Commission issued a final rule in August 2014 setting disclosure requirements for publicly-registered MBS and ABS, one of the outstanding provisions was whether to apply the loan-level disclosure requirements to private-placement 144A deals. More than 18 months later, it’s unclear whether the SEC will increase disclosure requirements for private placements, though industry participants expect that some action is in the works. Charles Sweet, a practice development leader at the law firm of Morgan Lewis, noted that the SEC asked the Structured Finance Industry Group to submit refreshed comments regarding the outstanding provisions included in the so-called Regulation AB2 final rule. “They are...
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FHFA Seeks to Consolidate Fannie/Freddie Shareholder Cases, Expects More to be Filed

March 18, 2016
The Federal Housing Finance Agency this week filed a request to transfer lawsuits brought by Fannie Mae and Freddie Mac shareholders in four district courts to the U.S. District Court in Washington. The government-sponsored enterprise regulator hopes to ward off future “copycat” cases and those where plaintiffs may be encouraged to “shop” for the best forum, based on the ruling. FHFA said it is certain that the number of pending complaints challenging the quarterly U.S. Treasury sweep of Fannie and Freddie net income will continue to grow. As a result, the agency said the transfer would be more efficient and benefit the parties and courts. “The claims and relief sought in each of the four related cases are...
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‘Marketplace’ Lender SoFi is Exploring Its Options in the Secondary Mortgage Market, Including a REIT Structure

March 18, 2016
Social Finance, the fledgling “marketplace” lender, is funding enough home mortgages on a monthly basis that it’s now scouting for opportunities in the secondary market, according to lending officials who have met with the firm’s management team. Among the options being considered is raising money to form a real estate investment trust, a vehicle that would provide a balance sheet where whole loans could reside. However, it’s unclear at this point if Social Finance, or “SoFi” as it is known, has any plans for securitizing residential product. Company officials including Michael Tannenbaum, who serves as vice president of mortgages for the startup, and William Jarve, in the firm’s capital markets group, declined...
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