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State Roundup

August 1, 2011
Massachusetts. State Attorney General Martha Coakley reportedly plans to obtain documentation filed by Mortgage Electronic Registration Systems as part of the broader investigation by a 50-state coalition of attorney generals into potentially unlawful foreclosure practices. New Jersey. Former mortgage broker Ara Mesropian, 39, of Paramus, NJ, pleaded guilty to charges that he participated in a mortgage fraud scheme which defrauded lenders and generated millions of dollars in fraudulent mortgage loans. ...
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Federal Roundup

August 1, 2011
Federal Deposit Insurance Corp. Martin Gruenberg nomination. The Senate Banking, Housing and Urban Affairs Committee considered the nomination of Martin Gruenberg to be the chairman and a member of the Board of Directors of the Federal Deposit Insurance Corp. on Tuesday, July 26. A vote on his nomination has yet to be scheduled. Federal Housing Finance Agency. Suit against UBS, related defendants. The Federal Housing Finance Agency has sued UBS Americas, Inc., and related defendants in federal district court alleging violations of federal securities laws in the sale of residential non-agency mortgage-backed securities to Fannie Mae and Freddie Mac. ...
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Worth Noting

August 1, 2011
Wells Fargo was fined $85 million by the Federal Reserve late last month over allegations that Wells did not adequately detect and prevent instances of fraudulent loan applications and the steering of prime borrowers into higher-cost nonprime loans.The Federal Trade Commission said it is mailing 450,177 refund checks worth almost $108 million to homeowners who were allegedly overcharged by Countrywide Home Loans, Inc. ...
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CRA “Needs to Improve” Grades Kept Increasing Through 2011

August 1, 2011
The number of lending institutions whose performance under the Community Reinvestment Act “needs to improve” has skyrocketed over the last two years, according to an analysis by Inside Regulatory Strategies of CRA ratings provided by the federal banking regulatory agencies from 2003 through mid-year 2011. In 2003, 0.64 percent of institutions received such a grade. And by 2009, a year after the market’s collapse, that percentage increased to 1.67 percent. ...
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HEL Performance Mixed, New Loans Limited

July 29, 2011
Serious delinquency rates on home-equity loans held by banks and thrifts continued to decline in the first quarter of 2011, according to the Inside Mortgage Finance Bank Mortgage Database. However, the improved performance was led by home-equity lines of credit as the non-accrual rate on closed-end seconds increased compared with the previous quarter. The HEL serious delinquency rate (90+ days late plus non-accrual) and net charge off rates for combined HELOC and closed-end second portfolios was 2.09 percent at the end of the first quarter of 2011. That was down ... [includes one data chart]
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SEC Offers Revised Shelf Registration Proposal With Role for Credit Risk Managers, More Investor Contact

July 29, 2011
MBS and ABS investors would have an easier time organizing to press deal sponsors to address potential problems under a revised proposed rule on shelf registration that was approved by the Securities and Exchange Commission this week. The agency made several major changes to its proposed overhaul of shelf eligibility requirements that was aired back in 2010 and put the revised package out for public comment. Most of the changes reflect public comment on the original proposal as well as the passage of the Dodd-Frank Act. Under the latest proposal, MBS and ABS issuers would be required to ...
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GSE Regulator Sues UBS as Sponsor of $4.5 Billion Of Non-Agency MBS Sold to Fannie and Freddie

July 29, 2011
The Federal Housing Finance Agency this week filed suit against UBS Securities and various related entities as well as former top officials of the firm over alleged misrepresentations on subprime and Alt A MBS sold to Fannie Mae and Freddie Mac. The two government-sponsored enterprises bought some $4.5 billion of non-agency MBS issued on two UBS shelf registrations between September 2005 and August 2007. The deals included single-seller and conduit transactions with mortgages originated by ...
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Non-Mortgage ABS Production Up Sharply in Second Quarter, Running Ahead of 2010 Pace

July 29, 2011
Significant increases in all major collateral categories pushed non-mortgage ABS issuance up 44.3 percent from the first to the second quarter of 2011, according to a new Inside MBS & ABS ranking and analysis. ABS production revved up to $43.2 billion in the second quarter, the highest level since the third quarter of 2009. That brought year-to-date issuance to $73.2 billion, some 28.2 percent ahead of the pace during the first six months of 2010. Deals backed by loans to purchase or lease cars and other vehicles continued to account for the biggest slice of the market. Vehicle ABS issuance rose ... [contains two data charts]
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Investors Warn MBS Trustees to Be More Aggressive In Enforcing Pooling and Servicing Agreements

July 29, 2011
Trustees of residential MBS should consider themselves “on notice” that they need to be much more attentive and aggressive in meeting their obligations under the pooling and servicing agreements governing MBS trusts, according to a trade group representing investors. Last week, the Association of Mortgage Investors sent letters to several major MBS trustees – including JPMorgan Chase, Deutsche Bank, US Bank, Wells Fargo and Bank of New York – remind-ing them of their legal obligations to RMBS certificate holders. The AMI letter also informed trustees that ...
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Ability-to-Repay/Qualified Mortgage Proposed Rule Would Create Huge Legal Risk for Buyers of MBS

July 29, 2011
The Federal Reserve’s proposed rulemaking that would establish the “qualified mortgage” as a standard for complying with the ability-to-repay requirement under the Dodd-Frank Act would create a number of significant legal liabilities that will threaten buyers of MBS, Wall Street groups said. The American Securitization Forum emphasized that questions about the lack of objective criteria in the proposal for determining whether a loan is a QM, and how little legal certainty the final rulemaking would actually provide, become of “critical importance when ...
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