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Short Takes: No Confirmation Hearing for Watt, Yet / Should Fidelity be Allowed to Buy LPS? / Short Selling in REITs Falls / $2.3 Billion of Foreclosure Relief Checks and Counting / A Clarification

May 28, 2013
Paul Muolo and Thomas Ressler
The Senate Banking Committee has yet to schedule a confirmation hearing for Mel Watt to head FHFA. Does this lack of action mean anything?
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Bank MBS Investment Continued to Shrink in Early 2013, But Hold Steady in Agency MBS

May 24, 2013
Banks and thrifts saw another drop in their MBS holdings in the first quarter of 2013 despite holding their own against the Federal Reserve’s voracious appetite for agency MBS. A new Inside MBS & ABS analysis of bank and thrift call reports reveals that industry investment in residential MBS fell 1.1 percent during the first quarter of 2013 to $1.562 trillion. That was down 4.4 percent from the record $1.634 trillion of MBS held in portfolio by banks and thrifts at the end of the first quarter of last year. Banks reported...[Includes two data charts]
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Securitization Players Endorse Unsolicited Rating Requirement, Differ on Specifics

May 24, 2013
Security issuers, investors and the rating services largely praised unsolicited rating requirements established by the Securities and Exchange Commission in 2010, but they had different views on how the rules should be changed. “Rating agency information arbitrage has been eliminated,” Kevin Duignan, global head of structured finance at Fitch Ratings, said of the SEC’s Rule 17g-5, which established unsolicited rating standards. “We’re all getting the same information and we know we’re getting the same information.” Rule 17g-5 requires...
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Analysts: Rumors of Extending HARP Eligibility By One Year Could Strain Servicer Resources

May 24, 2013
Even as industry chatter increases about an effort to extend the eligibility date of the Home Affordable Refinance Program, analysts speculate that more HARP may be too much of a good thing for the mortgage market. Analysts at Bank of America Merrill Lynch and Keefe, Bruyette & Woods cite evidence of a “creeping goal line” to move back by 12 months the June 1, 2009, cut-off date for HARP eligibility. KBW cites a Saturday morning address by President Obama earlier this month on the subject of refinance. “While he did not specifically mention extending HARP, we think an announcement could be coming over the next few weeks to extend the eligibility back one year,” said KBW. More telling, said BAML, is...
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Investors Paying More for Non-Agency MBS Facing Rep and Warrant Litigation

May 24, 2013
Investors are paying more for vintage non-agency MBS with repurchase disputes and pending settlements than securities not involved in representation and warranty litigation, according to analysts at Amherst Securities Group. The increased pricing comes as the proposed $8.5 billion settlement on non-agency MBS issued by Countrywide Financial nears its conclusion. In the past year, pricing on non-agency MBS involved in rep and warrant litigation outperformed securities not subject to such lawsuits, according to Amherst. “It appears these securities received different treatment, as investors likely included recovery cash flows, and priced the bonds accordingly,” the analysts said. As an example, Amherst pointed...
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GSE Common Securitization Platform Raises Many Questions, CEO Search Not Yet Begun

May 24, 2013
When was the last time a financial institution operating under a government conservatorship started a new company, one that potentially stands to make a bunch of money, given the rapidly improving mortgage market? Answer: Never. This and other questions are being asked by mortgage executives who are trying to track the progress of the Federal Housing Finance Agency’s common securitization platform, a joint venture between Fannie Mae and Freddie Mac. FHFA officials...
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Ginnie Efforts to Consolidate MBS Programs Could Be Costly, But Most Participants Support Concept

May 24, 2013
Ginnie Mae officials are moving ahead to create a blueprint for consolidating its two MBS programs, although some industry experts say the proposal could cost investors $5.5 billion. The agency got considerable backing from a variety of stakeholders for its “straw man” proposal to shift to a single MBS program based on the existing Ginnie II, said John Getchis, senior vice president in Ginnie’s capital markets office. “We got...
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Freddie Launches New MBS Backed by Modified Loans, But Program May Stay a Niche Product

May 24, 2013
Freddie Mac this week issued $1.04 billion of MBS backed by modified loans, making a small dent in the government-sponsored enterprise’s portfolio of distressed mortgages. The securities were issued under a new MBS prefix reserved just for modified loans, and Freddie officials indicated that the securities would be held in portfolio rather than sold in the market. All of the modified loans are fixed-rate mortgages, although $138.2 million of the loans were originally adjustable-rate mortgages. Most of the loan mods have 30-year terms. The loans in the first batch of mod MBS were originated...
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Ginnie Mae Proposes Revised Loan Buyout Policy, Change Won’t Trigger Higher Repurchase Activity

May 24, 2013
Ginnie Mae has proposed revising its buyout policy to eliminate inconsistencies in servicers’ repurchase practices and to discourage early buyouts of seriously delinquent loans from Ginnie MBS. Under the current policy, Ginnie Mae issuers may buy out delinquent loans if the borrower fails to make any payment for three consecutive months. However, many issuers have been applying the policy inconsistently, according to Michael Drayne, senior vice president for issuer and portfolio management at Ginnie Mae. Some servicers have been interpreting...[Includes one data chart]
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In NY State Court, Two MBS Putback Claims Under Same Statute of Limitations Decided Differently

May 24, 2013
Two repurchase lawsuits in the New York state court involving allegedly defective mortgage-backed securities and the state’s six-year statute of limitations have resulted in different outcomes for defendants, one of which could potentially limit MBS putback claims in the Empire State. In a May 13 decision, Justice O. Peter Sherwood of the Commercial Division of the New York Supreme Court dismissed with prejudice a $259 million MBS putback lawsuit against Nomura Credit & Capital. The decision was significant in part because it was the first among dozens of MBS putback cases currently pending in NY state court that was dismissed with prejudice on grounds that the six-year statute of limitations has expired, according to defense attorneys. Two affiliates of hedge fund Fir Tree Partners filed...
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