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Distressed Mortgage Sales Far from Finished

May 25, 2012
Although mortgage delinquency rates have improved in recent quarters, industry participants say there are still plenty of opportunities to buy and sell distressed mortgages. Some $400 billion in nonperforming residential mortgages remain on U.S. banks’ balance sheets, according to estimates by officials at PennyMac Mortgage Investment Trust. “I don’t think we’ve come near working through this,” said Kevin Lahr, director of valuation services at Digital Risk. “We’re halfway through this, maybe.” Speaking at ...
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Investor Concerns Persist on Servicing Settlement

May 25, 2012
While non-agency mortgage-backed security investors did not file a formal challenge to the $25.0 billion servicing settlement, they remain concerned with the implementation of principal forgiveness loan modifications. The latest qualms were raised last week in a letter to Shaun Donovan, secretary of the Department of Housing and Urban Development, from Sens. Sherrod Brown, D-OH, and Bob Corker, R-TN. “Because any settlement could dramatically affect [pension funds and retirement funds], their managers should ...
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ResCap’s Bankruptcy Aimed at Non-Agency Claims

May 25, 2012
Residential Capital’s bankruptcy filing last week was part of an effort to settle repurchase claims sought by non-agency mortgage-backed security investors. In conjunction with the bankruptcy, 17 institutional investors agreed to an $8.7 billion claim that will need approval by the court and is unsecured, suggesting that the final settlement payout could be much lower. ResCap is a subsidiary of Ally Financial. Michael Carpenter, CEO of Ally, said the bankruptcy gives Ally further distance from “very large” rep and warrant claims ...
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Redwood Welcomes Jumbo MBS Competition

May 25, 2012
“There are a number of developments that are reflective of a more mature and fully functioning securitization market,” Brett Nicholas, president of Redwood Trust, said last week. Among other issues, he noted the recent jumbo mortgage-backed security issuance by a subsidiary of Credit Suisse Group. Nicholas’ remarks at the JMP Securities research conference last week were some of the first by Redwood officials regarding competition on jumbo MBS issuance. Until the $741.94 million issuance by Credit Suisse ...
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Subprime Performance Improving, Servicers Seeking Nonperforming Agency Mortgages

May 25, 2012
Improved subprime performance and a lack of new originations have prompted major nonbank firms involved in subprime servicing to expand their portfolios with acquisitions of nonperforming agency mortgages. Ocwen Financial, Nationstar Mortgage and Walter Investment Management, among others, have all recently acquired large volumes of nonperforming agency mortgages. An estimated $525.0 billion in subprime mortgages were outstanding as of the end of the first quarter of 2012, according to an Inside Nonconforming Markets analysis ... [Includes one data chart]
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Securitization Industry Braces for Impact of New Rules on Conflict of Interest, Assigned Ratings

May 25, 2012
Wall Street is trying to cope with the considerable ambiguity that officials see in emerging rules on conflicts of interest in securitization and a potentially troublesome federal program that changes how issuers arrange credit ratings for their deals. The conflict-of-interest rule was included in the Dodd-Frank Act as an attempt to prevent participants in the securitization process from structuring deals that allow them to profit at the expense of investors. “When this rule first came out, it was not bad; you could probably live with this in most cases,” said Kenneth Morrison, a...
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Banks and Thrifts Hold Their Own in ABS Market That Slid Modestly in Early 2012

May 25, 2012
Banks and thrifts held $150.1 billion of non-mortgage ABS in their investment portfolios at the end of the first quarter of 2012, according to a new Inside MBS & ABS analysis of call report data. Commercial banks accounted for $135.4 billion of that amount, which was down 2.1 percent from the end of last year. Thrifts did not report their ABS holdings until the first quarter of 2012. The biggest category of bank and thrift ABS holdings were consumer loans – mostly student loans – which accounted for 32.6 percent of the institutions’ ABS investments. Credit card ABS...(Includes one data chart)
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SEC No-Action Letter Clears Way for Canadian Bank to Offer Covered Bonds to U.S. Investors

May 25, 2012
The Securities and Exchange Commission has given Royal Bank of Canada the green light to issue residential mortgage covered bonds registered in the U.S. The SEC granted permission through a no-action letter shortly after RBC submitted plans for a program through which covered bonds backed by U.S. home loans will be offered to U.S. investors. RBC is a “foreign private issuer” under U.S. securities laws and, as a Form S-3 issuer, has a registered shelf with the SEC through which it can offer multiple securities on an immediate, continuous or even on a delayed basis. Covered bonds are debt securities backed by cash...
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Analysts: Undetermined Details of ResCap Bankruptcy Prompt Uncertainty About $8.7 Billion MBS Settlement

May 25, 2012
Uncertainty lingers in the wake of last week’s announced $8.7 billion settlement between non-agency MBS investors and Ally Financial’s subsidiary Residential Capital as the details and implications of the deal resonate throughout the market. The agreement with 17 residential MBS investors was struck in a photo finish shortly before ResCap’s bankruptcy filing, and it represents the second major settlement between non-agency MBS investors and the sponsors of non-agency securitizations. Bank of America’s controversial $8.5 billion proposed settlement with investors that purchased Countrywide non-agency MBS...
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FDIC Sues Issuers and Underwriters Over Non-Agency MBS Bought by Failed Banks

May 25, 2012
The Federal Deposit Insurance Corp. late last week filed separate lawsuits against a number of companies that issued or underwrote non-agency MBS purchased by Citizens National Bank and Strategic Capital Bank, two Illinois banks that failed in May 2009. The two banks purchased some $140.5 million of non-agency MBS issued by Bear Stearns, Citicorp, Credit Suisse and Merrill Lynch. The lawsuits also name JPMorgan Securities, Citigroup, Credit Suisse, Deutsche Bank, Ally Securities, HSBC Securities, RBS Securities and UBS Securities as underwriters of these transactions. The FDIC is seeking $77.0...
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