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Premium Capture Replaced with Fair Value Calculation in Revamped Risk-Retention Plan

September 6, 2013
Securities issuers won a major victory as the revised proposed rule on risk retention issued by federal regulators last week removed the requirement for a premium capture cash reserve account. The highly controversial PCCRA was replaced with a fair value calculation requirement for retention which regulators said will increase the value of retained risk compared with the original proposal. “The ASF is extremely pleased to see the elimination of the premium capture cash reserve account provisions from the re-proposed rule,” said Tom Deutsch, executive director of the American Securitization Forum. “The provisions would have completely eliminated the economic incentives of securitizers to issue residential MBS and commercial MBS.” The original proposal generally measured...
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Agency MBS Production Slides to Lowest Output This Year Despite Ongoing Gains in Purchase-Loan Activity

September 6, 2013
New issuance of agency single-family MBS fell in August to its lowest monthly total of the year, according to a new market analysis and ranking by Inside MBS & ABS. Fannie Mae, Freddie Mac and Ginnie Mae generated a total of $130.88 billion of new single-family MBS last month, down 9.3 percent from July. It was the lowest monthly production volume since December 2012. New issuance by the government-sponsored enterprises fluctuated sharply at that time as lenders jockeyed around rising guaranty fees and the implementation of more favorable reps and warranties policies. All three agencies saw...[Includes one data chart]
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FHFA May Soon Lower GSE Loan Limits; Redwood Begins to Salivate at the Prospect

September 6, 2013
If the Federal Housing Finance Agency lowers loan limits for Fannie Mae and Freddie Mac next year, Redwood Trust says it is ready, willing and able to pick up the slack. “If that happens, Redwood will step up and fund those loans, no problem,” said Mike McMahon, managing director of the real estate investment trust, the most active jumbo MBS issuer in the non-agency market. The executive told Inside MBS & ABS that he’s certain that Redwood would have plenty of company as well. “There will be little or no disruption in the market,” he said. According to McMahon, in 2012 lenders produced...
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Fannie Mae/Freddie Mac MBS Production Slips to Lowest Output of the Year

September 6, 2013
John Bancroft
The GSEs continued to see solid increases in purchase-mortgage business, which increased by almost 7 percent from July to August. It was the fifth straight monthly gain for the two.
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Proposed Risk-Retention Standards for Commercial MBS and Non-Mortgage ABS Loosened Somewhat

September 6, 2013
Revised risk-retention requirements proposed last week by federal regulators for certain non-mortgage ABS and commercial MBS are somewhat looser than the standards initially proposed in 2011. Perhaps most significantly, “blended pools” would be allowed for commercial mortgages, commercial real estate loans and auto loans, allowing issuers to mix qualifying loans and non-qualifying loans in the same security. Securitized loans that don’t meet qualifying underwriting standards will be subject to the 5 percent risk retention as required by the Dodd-Frank Act. Blended pools would be eligible for reduced risk retention, as low as 2.5 percent. “The agencies believe...
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Senate Banking Will Take Up GSE Reform This Fall, But Don’t Expect Results

September 6, 2013
Charles Wisniowski
Last month, senior staff from the Senate Banking Committee met with various industry “stakeholders” – including trade associations, consumer groups and academics – to hear their thoughts on housing finance reform and the fate of the GSEs.
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S&P’s Newest Dismissal Bid Says DOJ Suit is ‘Retaliation’; Court Rulings Favor NCUA’s Growing MBS Legal Actions

September 6, 2013
Standard & Poor’s this week threw another counterpunch against the federal government’s civil fraud lawsuit filed earlier this year, slamming the litigation as “retaliation” for the rating agency’s August 2011 downgrade of the country’s AAA credit rating. The Justice Department in February filed a $5.0 billion lawsuit accusing S&P of knowingly inflating its ratings in residential MBS and collateralized debt obligations to boost its revenue and market share in the years leading up to the 2008 financial crisis. The filing in the U.S. District Court in Santa Ana, CA, by S&P’s parent company McGraw-Hill Co. seeks...
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Justice Dept. Subpoenas Clayton Over RMBS Due Diligence, The Big Question Now Is: Who’s Next?

September 6, 2013
The U.S. Justice Department has subpoenaed documents from Clayton Holdings LLC, once Wall Street’s largest mortgage due-diligence firm, as investigators eye-ball the due diligence that was performed on residential MBS deals in the run-up to the financial crisis. According to Bloomberg, the Justice Department presented a subpoena to Clayton on July 1, requesting an extensive amount of documentation having to do with the firm’s work on such deals. The DoJ is apparently seeking internal communications related to a review of pools of loans, due-diligence reviews performed by Clayton, as well as all communication between the clients for whom the company performed such reviews and the employees with which they dealt. The subpoena is...
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FeatherStone Finds Unique Investment Opportunity In New REO-to-Rental Securitization Program

September 6, 2013
FeatherStone Investment Group has entered the fledgling real-estate-owned-to-rental securitization sector with a new program that allows broader investor participation in the transaction. Other securitized REO-to-rental deals only pay investors coupon and principal cash flows derived from rents on the properties, the company noted. FeatherStone’s program, on the other hand, would allow investors to participate in both the immediate rental cash flow as well as the potential capital gains from the sale of the properties in the deal. FeatherStone’s deal will be financed...
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Title Company Plan to Buy the Assets of Allonhill May Say Something About Future of Due-Diligence Business

September 6, 2013
Stewart Information Services, which has made a name for itself in the title insurance space, has purchased most of the assets of Allonhill, LLC, a due-diligence firm that conducts reviews on non-agency loans feeding jumbo MBS. No purchase price was disclosed on the sale. As Inside MBS & ABS went to press, both companies were saying little about the sale outside of a short press release. Due-diligence sources familiar with the deal say...
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