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Resolution of ‘Fiscal Cliff’ Benefits Mortgage Industry But Pending Debt Limit Talks Challenge MBS Investors

January 11, 2013
Although Congress’ and the president’s just-in-time agreement to forestall the fiscal cliff crisis, at least for a while, provided some mortgage market-friendly results, MBS investors still face some challenges in 2013, analysts say. The American Taxpayer Relief Act, H.R. 8, includes a one-year extension through Dec. 31, 2013, of the Mortgage Debt Forgiveness Act that exempts loan amounts forgiven by lenders and foreclosures from taxable income. Deductions on mortgage insurance premiums for borrowers making below $110,000 were extended through 2013 and made retroactive to cover 2012, as well. “The combination of tax relief on mortgage insurance premiums and debt forgiveness should have...
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NCUA Files Third Suit v. JPMorgan, German Banks Sue Over MBS Deals, Thornburg Settles

January 11, 2013
It is 2013 and courtrooms across the country continue to hum with investor disputes over issuer liability for MBS investments that went bad. In its third lawsuit against JPMorgan Chase since mid-2011, the National Credit Union Administration is seeking millions of dollars in damages in connection with the packaging and sale of $2.2 billion in MBS issued by the now-defunct Washington Mutual to three corporate credit unions long before it was acquired by JPMorgan in 2008. Filed in Kansas federal court, the NCUA lawsuit alleged...
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Carrington Eyes Nonconforming Mortgage Market But Is Noncommittal on Issuance

January 11, 2013
Carrington Mortgage Holdings, which became a Ginnie Mae issuer last year, is eyeing the nonconforming market, but isn’t ready to commit to any securitization plans, at least not yet. Company Executive Vice President Rick Sharga told Inside MBS & ABS that “we’re looking at creating some non-agency products that serve borrowers whose credit has been damaged during the Great Recession, but who otherwise would be good loan candidates.” Sharga noted...
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REIT Arranging Unique Three-Year Financing Deals Secured By Residential and Multifamily Mortgages

January 11, 2013
New York Mortgage Trust recently completed two unique short-term securitizations backed by residential and multifamily mortgages. Officials at the real estate investment trust said the deals provide NYMT with greater funding flexibility for future loan purchases. Shortly before the end of 2012, NYMT issued a security with a three-year term to finance residential mortgages owned by the REIT with an aggregate market value of approximately $59.6 million. NYMT said it received gross cash proceeds of approximately $38.7 million before deducting expenses associated with the private placement. “We believe...
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Strong 4th Quarter Lifts MBS/ABS Issuance to Highest Level Since 2009, But Volume Slowed in December

January 11, 2013
The securitization market generated $1.847 trillion in new residential MBS and non-mortgage ABS in 2012, reversing two straight years of declining volume, according to a new Inside MBS & ABS analysis and ranking. Last year’s output was up 41.2 percent from total issuance in 2011, and it marked the strongest annual new issuance volume since 2009. Total securitization volume rose modestly, by 2.3 percent, from the third quarter to the fourth quarter, and activity cooled significantly in December. As has been the case since the financial market meltdown in 2008, securitization was dominated...[Includes three data charts]
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QM Rule’s Embrace of GSE Mortgages Leaves Little Breathing Room for Non-Agency to Return

January 11, 2013
The Consumer Financial Protection Bureau has issued its long-awaited “qualified mortgage” ability-to-repay final rule that, as expected, includes an exception for Fannie Mae and Freddie Mac mortgages and does little to facilitate a rebound in the non-agency sector. Mortgage lenders will be presumed to have complied with the ability-to-repay rule if they originate “qualified mortgages” that prohibit or limit the risky features believed to have harmed consumers in the recent mortgage crisis. That means...
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Federal Regulators Settle Robosigning Foreclosure Issues with 10 Bank Servicers for $8.5 Billion

January 10, 2013
Acknowledging problems with independent foreclosure reviews established in 2011, federal regulators this week agreed to a settlement with 10 bank servicers for $8.5 billion in borrower relief. The settlement applies to a portion of the 14 servicers under related consent orders from the Federal Reserve and the Office of the Comptroller of the Currency. “The OCC and the Federal Reserve accepted this agreement because it provides the greatest benefit to consumers subject to unsafe and unsound mortgage servicing and foreclosure practices during the relevant period in a more timely manner than would have occurred under the review process,” the regulators said. The agreement in principle includes...
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Developing National Mortgage Database Is a ‘Daunting’ Task With Privacy, Security Risks

January 10, 2013
Expect the Consumer Financial Protection Bureau and the Federal Housing Finance Agency to roll out a national mortgage database this year, but experts say it remains to be seen how comprehensive or how secure the first-of-its-kind mega electronic information storehouse will be. This week, during a webinar sponsored by the Ballard Spahr law firm, experts from Ballard and Navigant Consulting agreed that the government’s commitment to develop an origination-to-foreclosure repository of mortgage data is a “daunting” task that will take much longer than a single calendar year to implement and refine. “I absolutely believe...
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Mortgage Industry Survives ‘Fiscal Cliff’ Wrangling Unscathed, But Now a Debt Limit Struggle Looms

January 10, 2013
Three important mortgage-related tax provisions worth an estimated $600 billion over five years survived Washington policymakers’ chopping block in the final agreement that averted the “fiscal cliff” of massive automatic tax hikes and spending cuts. However, a new fight between Republicans and Democrats is around the corner over increasing the nation’s debt limit again, and the industry fears it is not out of the woods yet. H.R. 8, the American Taxpayer Relief Act of 2012, which was passed by Congress and signed by President Barack Obama, includes...
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Bank of America Slashes Mortgage Servicing Portfolio And Experts Say the Bank Isn’t Done Selling MSRs

January 10, 2013
Now that Bank of America has inked a long-rumored deal to sell mortgage servicing rights on some $308 billion of distressed mortgages to Nationstar and Walter Investment Management, the question becomes how much more the bank may unload. The answer may be quite a lot. Paul Miller, an analyst with FBR Capital Markets, said that he anticipates the megabank will sell between $300 billion and $400 billion of MSRs by the time 2013 ends. According to Miller, the “to be sold” product includes $100 billion of Ginnie Mae servicing, $150 billion of Fannie Mae MSRs and $100 billion to $200 billion of Freddie Mac servicing. A BofA spokesman declined...[Includes one data chart]
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