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FHFA’s Goldman Sachs Deal Allows Firm to Recoup Losses; FDIC Too Late to Sue Deutsche, Credit Suisse

September 5, 2014
The legal settlement between Goldman Sachs and the Federal Housing Finance Agency over soured non-agency MBS sold to Fannie Mae and Freddie Mac featured an unusual buyback of the securities by the investment bank. It leaves just three big defendants left to settle or go to trial, legal observers note. Under the terms of the settlement announced Aug. 22, Goldman is required to pay $3.15 billion to repurchase securities that were the subject of the claims in the FHFA’s lawsuit. The economic value of the settlement is estimated...
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Ginnie ‘Eagle’ Was Once a Red Hot Item for Lenders, but New Issuer Applications are Slowing

September 5, 2014
Ever since the housing bust, mortgage bankers have coveted the Ginnie Mae “eagle,” which allows them to issue and service the agency’s MBS, but the pipeline of new applications is slowing. According to figures provided to Inside MBS & ABS, the agency had received 78 new applications through the end of July compared to 89 in fiscal 2013 and 99 the prior year. In an interview with this newsletter, Ginnie President Ted Tozer acknowledged the decline in applications, but didn’t seem all that concerned, adding: “I think we received a bunch recently.” In other words, applications could wind up...
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S&P Considers New Rating Criteria for Servicer- Advance MBS to Spur Activity in the Sector

September 5, 2014
Standard & Poor’s is evaluating comments on a proposal to incorporate new criteria for rating residential MBS backed by mortgage servicer-advance receivables. Issuance of servicer-advance MBS has been scarce in 2014 due to the heightened regulatory scrutiny on nonbank servicers and potential ratings volatility, leading to fewer purchases of mortgage servicing rights. So far, only one deal – a $400 million unrated servicer-advance securitization in early April – has been seen this year. But with additional clarity being provided in S&P’s proposed ratings criteria and the revised methodology getting finalized over the near term, “issuers may start feeling...
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Credit Unions Say Prohibition on Purchased Loans Renders NCUA Securitization Proposal Inadequate

September 5, 2014
A proposal from the National Credit Union Administration to permit covered credit unions to securitize loans they have originated – but not purchased – is widely seen as insufficient by the credit union industry because of that limitation. That’s likely to prompt the regulator to favorably revise the proposal in the coming months, industry analysts say. Back in June, the NCUA issued a proposal to authorize loan securitizations by credit unions, but only for loans originated, not purchased. It also proposed permitting the creation of special purpose vehicles (SPV) to hold the assets collateralizing the securities. Additionally, the proposal lists a number of minimum requirements and limitations on residuals and retained interests. The Credit Union National Association, in its comment letter to the agency, indicated...
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What We’re Hearing: Good, Let the Banks Get Out of Mortgages / Quicken Loans Comes on Strong / Can JPM Even Compete with Quicken? / Who Might Buy Ocwen, Nationstar? Anyone? / Carrington Expands in the Midwest / Dovenmuehle Who?

September 5, 2014
Paul Muolo
Does JPM's Jamie Dimon really care about the mortgage business? Or is he in it for the CRA credits?
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Experts: No Chance of Advancing GSE Reform in Remaining Congress

September 5, 2014
When lawmakers return from their five-week August recess next week, House and Senate members will face a lengthy agenda with just a short period of time to get it done. Conspicuously absent from the Congressional to-do list is housing finance reform. With approximately 12 scheduled legislative days before the Nov. 4 midterm elections, industry observers note that lawmakers won’t get to some things until they return for the lame duck session, while other bills will fade away as the clock runs out.
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FHFA’s Proposed Revisions to FHLB Membership Faces Pushback

September 5, 2014
The pushback has already begun against a proposed rule by the Federal Housing Finance Agency that ban new captive reinsurers from joining the 12 FHLBanks. The proposal – issued this week for a 60 day comment period ending Nov. 1 – would also ease captive reinsurers of the FHLBanks over several years “to ensure that members maintain a commitment to housing finance and that only eligible entities can gain access to Bank advances and the benefits of membership.”
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Experts: FHFA’s Proposed MI Rules ‘Thoughtful’ But Need Work

September 5, 2014
The Federal Housing Finance Agency’s proposed tightening of rules for private mortgage insurers that do business with Fannie Mae and Freddie Mac is a “thoughtful effort,” but “modest changes” are required, conclude a trio of economists in a paper issued last week. Moody’s Analytics’ Mark Zandi and Chris deRitis and the Urban Institute’s Jim Parrott said that the FHFA’s Private Mortgage Insurance Eligibility Requirements “should succeed” in ensuring that private MI are strong counterparties to the GSEs, while serving as “a much improved bulwark against excessive risk” in the system.
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FHFA-IG Help Wanted: Firearms-Proficient Criminal Investigator

September 5, 2014
The Inspector General of the Federal Housing Finance Agency is looking for a supervisory criminal investigator to work on what it calls “unique, complex and sensitive projects,” according to a recent employment ad posted on USAjobs.gov. The applicant, who must have a top secret security clearance, can earn anywhere from $134,000 to $227,000 per year. The in-house investigator would supervise the IG’s hotline team at least 25 percent of the time, and manage and maintain both the Computer Investigative Forensics Program and the National Firearms and Training Program of the department, among other duties.
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Freddie Should Expand Reviews of Servicer Reimbursements, Says IG

September 5, 2014
Although Freddie Mac’s official watchdog found the GSE’s review process of servicer reimbursement claims to be “generally effective,” some tens of millions of dollars could be saved by scrutinizing servicer payments for costs incurred on loan defaults. According to an audit issued last week by the Federal Housing Finance Agency’s Inspector General, Freddie reimbursed 460 of its servicers $1.4 billion in 2013 but identified and denied $126 million in what the IG calls “erroneous” claims. The IG noted that Freddie’s top 10 servicers, relative to total reimbursements, accounted for 87 percent of all reimbursements made by Freddie in 2013.
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