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Underwriting Loosens on Freddie Mac’s Latest Risk-Share Deals, Investors Bullish on Program

April 3, 2014
The underwriting characteristics on the latest risk-sharing transaction from Freddie Mac have loosened somewhat compared with previous Structured Agency Credit Risk deals, prompting default expectations well above those projected for recently issued jumbo MBS. However, the government-sponsored enterprises’ risk-sharing transactions are still seen as good investments and investor demand has been strong. Freddie is preparing to sell a total of $966.0 million in three tranches to investors based on a reference pool with an unpaid principal balance of $28.15 billion. The deal priced this week. Freddie said more than 75 investors bought in and the deal was oversubscribed. The top tranche on STACR 2014-DN2 available for sale to investors is set...
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Retroactive Recognition of Principal Forbearance on Non- Agency MBS Pops Up Again, Causing Unexpected Losses

April 3, 2014
At least 46 vintage non-agency MBS took principal forbearance-related losses in March, according to industry analysts. The losses are a concern for investors because they were taken without warning, based on forbearance that happened well before March. Most of the deals taking retroactive forbearance losses in March were issued by Bear Stearns from 2005 through 2007 and were largely serviced by JPMorgan Chase, according to analysts at Bank of America Merrill Lynch and Barclays Capital. Write-downs on the deals were as high as 6.8 percent for a single month. “When a servicer recognizes losses on loans previously modified with forbearance, it could significantly impact...
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Industry Groups Tell FINRA They’re Opposed to Requiring Maintenance Margin in TBA Market

April 3, 2014
Leading secondary-market representatives told the Financial Industry Regulatory Authority they generally support its goal of mitigating the counterparty credit risk borne by participants in the “to be announced” market and reducing the potential for systemic risk. But they are opposed to FINRA’s proposal to require maintenance margin to attain that aim – something the Treasury Market Practices Group has already considered and rejected. Issued back in January, FINRA’s proposed amendments stipulated that for bilateral transactions in covered agency securities with non-exempt accounts, FINRA members must collect, in addition to variation margin, maintenance margin equal to 2 percent of the market value of the securities. If sufficient margin is not collected, the member would have to deduct the uncollected amount from the member’s net capital at the close of business following the business day on which the deficiency was created. Additionally, if the deficiency in margin is not resolved...
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Judge Recommends Dismissal of DOJ’s Fraud Case Against BofA, But It May Not End FIRREA Claims

April 3, 2014
A North Carolina federal magistrate has recommended that a Justice Department fraud case against Bank of America be dismissed, but he also said a separate Securities and Exchange Commission lawsuit against the bank based on a different federal law should proceed. The DOJ last August filed suit against BofA under the Financial Institutions Reform, Recovery and Enforcement Act, accusing the bank of defrauding investors in the sale of $855 million of non-agency MBS. Last week, U.S. Magistrate David Cayer of the U.S. District Court for the Western District of North Carolina found that the government failed to prove the bank made “material” false statements to the former Federal Housing Finance Board. The DOJ claimed...
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MBS Due-Diligence Firm Goes Bust, Leaving Behind an Ugly Tale of Double Representation

April 3, 2014
Allonhill LLC, a Denver-based due-diligence firm that served both Wall Street and primary market lenders, recently filed for bankruptcy protection, just days after losing a civil case where it was found liable for breach of contract and fraud, and ordered to pay its former client, Aurora Bank FSB, more than $25 million in damages. Last year, Allonhill’s owners – including principal Sue Allon – sold most of the firm’s assets to Stewart Title. From a legal standpoint, it was not a “franchise” deal, which means Stewart should not be on the hook for any actions of the corporate entity. However, the case may be...
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MBS/ABS Issuers, Sponsors Fear SEC’s Disclosure Proposal Would Result in Greater Liabilities, Risks

April 3, 2014
The Securities and Exchange Commission late last week gave the securities industry another month to file comments on a proposed rule that most participants already know they don’t like. Comments were originally due March 28 on the SEC’s latest proposal to require asset-backed securities issuers to make loan-level details about pending issues available to investors on their own websites, rather than the agency’s Electronic Data-Gathering, Analysis and Retrieval system. On the day the comment period ended, the SEC extended it to April 28. Many issuers and large banks think...
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Most Mortgage Firms Continue to Undervalue Their MSRs

April 2, 2014
Paul Muolo
In the pre-crash days, newly created MSRs were selling at 6 and even 7 times the servicing fee. “I even saw prices of eight,” said Chuck Klein, managing partner for Mortgage Banking Solution.
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Underwriting Loosens Slightly on Freddie’s Latest Risk-Sharing Transaction

April 2, 2014
Brandon Ivey
The tranche set to receive an 'A' rating on STACR 2014-DN2 has a lifetime expected default rate of 9.43 percent, according to KBRA.
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CFPB: Risk to Consumers is What Prioritizes Agency’s Resources and Activities

April 2, 2014
Thomas Ressler
“Bank, nonbank – it doesn’t matter to us. We look at where the risk to the consumer is and we try to execute our program against that,” said Peggy Twohig, assistant director in the CFPB’s Office of Supervision Policy.
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Certain Megabanks, Such as JPM, Increase Mortgages Held In Portfolio

April 2, 2014
Brandon Ivey
Borrow short and lend long? Is there a problem with that? Don't tell that to Jamie Dimon of JPM.
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