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Short Takes: Tidbits from FHFA / Court Rules GSEs Aren't Federal Instruments / Moody's Downgrades Walter / FDIC on Abandoned Foreclosures

March 4, 2016
Carisa Chappell and Brandon Ivey
The GSEs will publicly release their non-performing loan sales data for the first time, conclude their assessment of various credit scoring models and the FHFA will issue a request for input on front-end credit risk transfer transactions.
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Regulation, Competition Continue to Squeeze Mortgage Banking Profit Margins

March 4, 2016
Brandon Ivey
Fannie Mae found that lenders’ profit margin outlook fell steadily throughout 2015 after peaking in the first quarter, even with a strong job market and low interest rates.
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Agency MBS Issuance Fades in February, But Primary Market is Primed for Refinance Surge

March 4, 2016
Agency issuance of single-family MBS declined by 9.5 percent from January to February, largely based on a seasonal slump in purchase-mortgage activity, according to a new Inside MBS & ABS ranking and analysis. Fannie Mae, Freddie Mac and Ginnie Mae produced a total of $80.49 billion of single-family MBS in February, their lowest combined monthly output since November 2014. The biggest decline was in purchase-mortgage activity, which fell 14.9 percent for the month. The refinance sector held up...[Includes two data tables]
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Non-Agency MBS Reform Efforts Make Slow Progress As Investors Outline Principles for Deal Agent Role

March 4, 2016
A working group led by potential investors in new non-agency MBS detailed principles for the role of a deal agent this week, signifying some progress in reform efforts. However, a revival of the non-agency MBS market looks a ways off as other industry participants consider how a deal agent will actually function. “We are now at a transition point for non-agency MBS reform efforts, where some market participants can start moving from a principles-level discussion to contractual negotiations,” Monique Rollins, deputy assistant secretary at the Treasury Department, said at the ABS Vegas conference produced by Information Management Network and the Structured Finance Industry Group. The Treasury helped facilitate...
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Securitization Industry Participants Highlight a Drop in Liquidity, Regulation Seen as the Culprit

March 4, 2016
Years of warnings from securities issuers and investors about regulatory uncertainty appear to have shifted to actual consequences as liquidity in the MBS and ABS markets has declined significantly in recent months. Almost every panel session at the ABS Vegas conference produced by Information Management Network and the Structured Finance Industry Group this week included comments regarding liquidity and regulation. Daniel McGarvey, the head of U.S. asset-backed products origination at Societe Generale, noted that in recent months spreads on MBS and ABS have increased due to illiquidity. “Credit risk is not currently a driver of credit spreads,” he said. “This should be a concern for all of us in the securitization market.” Delinquencies and losses, traditional factors in liquidity, remain...
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After Forcing a Deal with Standard & Poor’s in 2015, Justice Department May Decide Moody’s Fate Soon

March 4, 2016
The U.S. Department of Justice will reportedly decide within the next few months whether or not to bring the hammer down on Moody’s Corp. for allegedly overstating its ratings on MBS transactions in the run-up to the financial crisis, Bloomberg reported last week, citing “people familiar with the matter.” According to the news account, the Justice Department is scrutinizing credit ratings that Moody’s assigned during the housing boom and trying to determine if the firm massaged its criteria to earn business from Wall Street banks that were bundling residential mortgages into securities. A proposed settlement has apparently been...[Includes one data table]
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To Hold Residential MBS or Not – That is the Question; Banks and Mortgage REITs Trying to Figure It Out

March 4, 2016
The great irony of the mortgage market can be found in the MBS holdings of depositories: Even though banks are ceding origination market share to nondepositories, they continue to gobble up bonds backed by home mortgages. As Inside MBS & ABS noted last month, bank holdings of residential MBS hit a record $1.643 trillion at yearend 2015, a 2.2 percent sequential gain. Of course, a large chunk of that gain can be explained by Bank of America increasing its MBS holdings by a hefty $36.7 billion during the fourth quarter. The big question for banks – as well as real estate investment trusts – is...
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Court Rules Fannie Mae and Freddie Mac Are Not Federal ‘Instruments’ for FCA Purposes

March 4, 2016
The Ninth Circuit Court of Appeals has dismissed an argument in a whistleblower case, ruling that Fannie Mae and Freddie Mac are not “federal instruments” for the purposes of the False Claims Act, a federal statute that’s been used aggressively against FHA lenders. The FCA imposes liability on persons that defraud government programs and was originally enacted to penalize private parties that profited illegally in selling supplies to the U.S. Army during the Civil War. In the case of United States ex rel. Adams v. Aurora Loan Services, Inc., et al., the government argued...
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Non-Agency Single-Property Investor Loans Are Re-emerging, With a Twist, Ratings Service Says

March 4, 2016
Analysts at Morningstar Credit Ratings have begun to see non-agency single-property investor loans materialize with a new twist: less dependence on the borrower’s ability to repay and more reliance on the cash flow stream of rental income. “The majority of loans made to landlords backed by single properties are underwritten as consumer loans, not business-purpose loans. The lender will scrutinize the borrower’s credit, income and assets,” RMBS analysts Brian Grow, Becky Cao and Olgay Cangur said in a new report. Also, rental income is included as part of the borrower’s overall income when calculating the borrower’s personal debt/income ratio and, thus, the probability of default. “Recently, Morningstar has been presented...
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Congressmen Want Reform For Non-Performing Loans

March 4, 2016
Forty-five congressmen signed a letter addressed to the head of the Federal Housing Finance Agency on March 1 citing the need to reform the way nonperforming loan sales are conducted and singled out Lone Star Funds as a “bad actor” in the transactions. The letter, addressed to FHFA Director Mel Watt as well as Secretary Julian Castro of the U.S. Department of Housing and Urban Development, noted that there are improvements both agencies should take to better align the programs with the goals of stabilizing neighborhoods, alleviating the affordable housing crisis and working with organizations that have a track record of homeownership preservation.
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