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Non-Agency MBS Issuance Expected to Increase Somewhat in 2013; Years Before Full Recovery

December 21, 2012
Analysts expect issuance of new production non-agency MBS to increase in 2013 from this year’s level but remain well below historical non-boom standards. Investor demand for new non-agency MBS has increased recently and a number of issuers are looking to enter the market, but the non-agency sector also faces significant hurdles. Reform of the government-sponsored enterprises and pending risk-retention rules need to be resolved before non-agency MBS production will increase significantly, according to industry analysts. Through the beginning of December, $13.01 billion in non-agency MBS had been issued...
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SEC Report Reveals Doubts About ‘Franken’ Credit Rating Proposal, Wants More Study

December 21, 2012
Staff at the Securities and Exchange Commission this week recommended that the agency do more research before making a decision on how to implement a controversial provision in the Dodd-Frank Act involving random assignments of credit ratings in structured finance. Sen. Al Franken, D-MN, was the major proponent of a requirement that the SEC study the feasibility of creating a government body that would pick which credit rating agency would evaluate new non-agency MBS, non-mortgage ABS, commercial MBS and other structured finance transactions. The provision, Sec. 15e(w) of the Dodd-Frank Act, essentially requires the SEC to implement the new system unless the agency determines that an alternative system would better serve the public interest and protect investors. Although some investors and rating services support the Sec. 15e(w) concept, most securitization market participants oppose...
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Federal Home Loan Banks Ramp Up MPF Program to Provide Small Aggregators Access to Secondary Market

December 20, 2012
The retreat of some large loan aggregators from the mortgage market has been a challenge for many small loan originators, but Federal Home Loan Bank officials say the Mortgage Partnership Financing Xtra program has gone a long way to pick up the slack. Through MPF Xtra, six FHLBanks provide member institutions an alternative for selling first mortgages that they originate that allows them to retain customer relationships without taking on interest rate and prepayment risk. The program is one of several options under the Mortgage Partnership Finance program, which is run and managed by the FHLBank of Chicago. Introduced in 1997, the MPF provided...
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BofA Looking for ‘Reset’ of Housing Market, Including Less Emphasis on Homeownership

December 20, 2012
Potential homeowners need to reset their expectations about homeownership, and the federal government should eventually reduce its role in housing finance, according to Brian Moynihan, CEO of Bank of America. In a speech late last week at the Brookings Institution, Moynihan suggested that the financial crisis has created an opportunity to change long-held views among homeowners, the federal government and lenders. He said the conversation about homeownership rates should shift from what percentage of Americans own homes to what is the right solution at the right time for each individual or family. “The past five years of high unemployment and underwater home values have taught...
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Qualifying Mortgage Lenders Could Develop Their Own Consumer Disclosures Under CFPB Proposal

December 20, 2012
Some mortgage lenders will be able to develop and test, on a limited basis, their own consumer disclosures, under a proposed policy issued last week by the Consumer Financial Protection Bureau. The disclosures would have to be approved by the bureau before being used. “The bureau believes that there may be significant opportunities to enhance consumer protection by facilitating innovation in financial products and services and enabling companies to research informative, cost-effective disclosures,” the CFPB said. “The bureau also recognizes that in-market testing, involving companies and consumers in real world situations, may offer particularly valuable information with which to improve disclosure rules and model forms.” The Dodd-Frank Act gave...
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Short Sales and REOs Accounting for Shrinking Share Of Home Sales, According to HousingPulse Survey

December 20, 2012
The distressed property share of home sales has decreased in each of the seven months ending in November, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey, as short sales, real estate owned activity and investor purchases have become less prevalent. Distressed properties accounted for 33.7 percent of home sales in November, based on the three-month moving average, the lowest level seen in more than three years. Before the decline in distressed property activity, distressed property sales had hovered around 42.0 percent for more than two years. “As housing prices rise and unemployment declines, there are...
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Warehouse Commitments Strong in Third Quarter 2012, Mini-Syndications See Revival

December 20, 2012
Warehouse commitment volumes remained strong in the third quarter as nonbanks continued to need credit to meet the surging demand for refinancing, according to new survey figures compiled by Inside Mortgage Finance. The strong showing was hardly surprising, but several warehouse executives noted one new trend: a small revival in syndicated warehouse lines where several banks participate in the credit. “A year ago there were...
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CFPB Mortgage Servicing Proposal’s Private Right Of Action Could Stop Any Foreclosure ‘In Its Tracks’

December 20, 2012
The mortgage servicing rule proposed earlier this year by the Consumer Financial Protection Bureau could easily be exploited to bring any foreclosure proceeding to a grinding halt, according to a leading mortgage industry attorney. If the rule is promulgated as currently written, that could cause mortgage lenders, who are already skittish about future losses, buyback demands and a host of other pending regulations, to pull back even further when it comes to providing mortgage credit. “The consequence of these regulations is to create...
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Experts: Time Almost Up During Congressional Lame-Duck For Mortgage-Related Bills as Fiscal Cliff Eclipses All Else

December 20, 2012
Industry observers are holding out fading hope that Congress will act on time-sensitive mortgage-related bills before the lame-duck session draws to a close, but as the clock winds down, real estate interests are already adjusting their legislative expectations for 2013. At the top of the list of mortgage bills being watched closely is the extension of the Mortgage Forgiveness Debt Relief Act of 2007. The law exempts up to $2 million in mortgage debt forgiven by a lender in a short sale, loan modification or foreclosure from federal taxation. Despite support from both political parties, industry groups and consumer advocates, legislative efforts to renew the act have...
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Values on Mortgage Servicing Rights Headed North and MSR Transfers May Accelerate

December 20, 2012
The secondary market value of residential mortgage servicing rights has been in the doldrums since the housing bust, but all that could change in the coming months – thanks to both new investor interest and rising rates. And not only are values picking up but so are deals and the number of MSR valuations performed by analytic firms. “We’ve brokered 15 to 20 deals in 2012,” said Mark Garland, president of MountainView Servicing Group. “Last year we did half that.” In 2012, MountainView performed...
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