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Community Banks Continue Battering at Dodd-Frank While MBA Presses for Flexibility to Fix Problems

April 10, 2014
It will be difficult to tell whether the Dodd-Frank Act is driving waves of small lenders out of the mortgage market or whether a severe drought in new production is an equally weighty factor, but community lenders may be gaining some ground among policymakers. At a hearing in the House Financial Services Committee this week, Chairman Jeb Hensarling, R-TX, read at some length from a letter he received from a small mortgage banker in central Texas who said his firm is being forced out of the market because of the cost and complexity of regulatory compliance. The major culprit is the wave of mortgage regulations imposed by the Consumer Financial Protection Bureau under the Dodd-Frank Act. Hensarling did not reveal the company’s name. Rep. Shelley Moore Capito, R-WV, who chairs the Financial Institutions and Consumer Credit Subcommittee, reiterated...
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Advocates Laud Senate Reform Bill Housing Trust Fund Provisions; House GOP Urges Continued Non-Payments

April 10, 2014
Affordable housing advocates are praising the leadership of the Senate Banking, Housing and Urban Affairs Committee for including a “robust dedicated source of revenue” for the National Housing Trust Fund in their bipartisan housing-finance reform legislation. A provision of the legislation filed by Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, would expand both the base and the rate for the National Housing Trust Fund and the Capital Magnet Fund. Current law provides...
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Non-Mortgage ABS Issuance Off to Strong Start In 2014, Big Gains in All Major Asset Categories

April 10, 2014
New issuance of non-mortgage ABS surged to $49.68 billion in the first quarter of 2014, a strong 33.0 percent increase from the previous quarter, according to a new Inside MBS & ABS market analysis and ranking. The first three months of 2014 represented the strongest quarterly ABS issuance number since the third quarter of 2009, when $53.27 billion of new deals were issued. It was up a modest 1.7 percent from the strong start in 2013. All the major asset classes posted...[Includes two data charts]
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Outlook for Equipment-Backed ABS Market Is Favorable, Strong Performance Expected in 2014

April 10, 2014
The equipment-backed ABS sector will likely have another good year this year, and investor interest remains strong, according to a senior analyst at the DBRS credit rating service. “For the equipment finance industry in 2014, we are moderately optimistic,” Chuck Weilamann, senior vice president at DBRS, said during a teleconference last week. “We’ve certainly seen delinquencies and charge-offs hit lows, with a five-year low achieved in 2013.” Not surprisingly, DBRS made...
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Change to Rating Criteria for Servicer Advance ABS And Potential Downgrades Could Disrupt Issuance

April 10, 2014
Standard & Poor’s announced late last week that it placed 96 ratings from 20 servicer-advance ABS on watch for a potential downgrade and the rating service plans changes to its rating criteria for servicer-advance ABS. Industry analysts suggest that the actions could disrupt the market for servicer-advance ABS, as S&P has been the dominant rating service in the sector. S&P said downgrades on servicer-advance ABS are possible because the analysis that accompanied ratings on certain deals didn’t consider subordinated interest amounts as part of the ratable promise. “The CreditWatch placements reflect...
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Issuers Facing Federal Search and Seizure Warrants For MBS-Related Data May Soon Find Some Relief

April 10, 2014
Companies that have received government subpoenas for electronically stored information (ESI) in connection with federal investigations of financial fraud and other white-collar crimes might find some relief in two recent court rulings, according to a recent legal analysis. In a Dechert LLP legal update, attorneys Ben Barnett, Rebecca Kahan and Nathaniel Hopkins said heightened anti-fraud activities at the Department of Justice and the Securities and Exchange Commission have resulted in increased criminal prosecutions, criminal probes and enforcement actions. Many of these actions have shown...
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Issuance of Securities Tied to MSRs Expected to Increase as Nonbank Mortgage Servicers Grow

April 10, 2014
At the end of February, Ocwen Financial issued a $123.6 million security backed by mortgage-servicing rights on agency mortgages, the first of its kind. The security was attractive to investors as well as to nonbanks, with more transactions expected, according to the Urban Institute’s Housing Finance Policy Council. The transaction has a 14-year debt obligation and was secured by Ocwen-owned MSRs on mortgages with an unpaid principal balance of approximately $11.8 billion. Investors in Ocwen Asset Servicing Income Series 2014-1 receive a monthly payment of 21 basis points of the unpaid principal balance of the reference pool in the form of an interest-only strip, along with certain other payments. In a new analysis, the HFPC’s Laurie Goodman and Pamela Lee said...
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MBS Prices Are Rising, Which Likely Means Good Things for REITs That Loaded Up

April 10, 2014
The price of agency MBS has been rising since early April, which can only mean good things for publicly-traded real estate investment trusts that own the asset class. However, REIT share prices haven’t improved much of late, with some companies such as Annaly Capital Management continuing to trade closer to their 52-week lows than their highs. Late this week, for instance, Annaly – one of the largest MBS investing REITs – was trading at $11.30 compared to a 52-week high of $15.98 and a low of $9.66. But better days may be...
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More Non-Agency MBS Settlements Expected After Citigroup’s Agreement

April 9, 2014
Brandon Ivey
The terms of the MBS settlement are subject to approval by the Federal Housing Finance Agency due to Freddie Mac’s involvement.
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If PHH Can’t Sell Its Mortgage Platform, Will It Initiate a Dividend Payment?

April 9, 2014
Paul Muolo
“A few groups have taken a walk through the offices in Cherry Hill,” said a source close to PHH. “People are starting to notice – and leave.”
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