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Consumer Groups Express Apprehension About QRM Rule, Blast Downpayment Requirements

August 11, 2011
Like many industry commenters, consumer groups are urging federal regulators to lighten up on what has been largely regarded as an overly-restrictive definition of “qualified residential mortgages” that will get preferential treatment in future mortgage securitizations. The interagency risk-retention proposed rule would limit QRM status to purchase mortgages with a minimum 20 percent downpayment and conservative underwriting standards on debt-to-income ratio and credit history. The proposed QRM rule will “further slow the process of clearing ...
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Delayed Foreclosures, REO Glut Prompt FHFA to Seek Request for Information on Property Sales

August 11, 2011
The Federal Housing Finance Agency, the Treasury Department and the Department of Housing and Urban Development this week announced a “request for information” on how to best sell Fannie Mae, Freddie Mac and FHA-owned real estate owned properties. The regulators are looking for ways to dispose of REO inventory while improving loss recoveries and adding to the supply of rental housing, according to the RFI. “While the [government-sponsored enterprises] will continue to market individual REO proper-ties for sale, FHFA and the enterprises seek input on ...
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‘Quiet’ Settlement Between HUD, BofA Yields Special Terms for Delinquent FHA Borrowers

August 11, 2011
More than 57,000 delinquent borrowers are expected to benefit – if they can be found – from a recent settlement between Bank of America and the Department of Housing and Urban Development, resolving agency concerns about the bank’s failure to offer loss mitigation options to FHA borrowers. The previously undisclosed settlement, which was confirmed by HUD officials, requires Bank of America to set aside a minimum of $10 million to pay down arrearages for FHA borrowers who are 12 months delinquent and qualify for a partial claim, a forbearance plan, a traditional modification ...
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Fixed-Rate Loans Would be ‘Substantially and Permanently’ Reduced Without TBA Market

August 5, 2011
Officials testifying before a Senate Banking, Housing and Urban Affairs Committee hearing this week came out in strong opposition to eliminating a government guarantee in the MBS market of the future, claiming that such measures would have a significant impact on borrowers’ ability to obtain plain vanilla 30-year fixed-rate mortgages. “Many large investors utilize the MBS market to execute trades driven by macroeconomic views and would not utilize a market which combines credit risk with interest rate risk,” said Andrew Davidson, president of Andrew Davidson & Co., an analytics and consulting firm. “With a smaller investor base, liquidity would be...
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Agency MBS Issuance Slipped in July, But Falling Mortgage Rates May Spur Refi Wave

August 5, 2011
Production of agency MBS in July slipped to its lowest monthly level since early 2009, according to a new analysis and ranking by Inside MBS & ABS. Fannie Mae, Freddie Mac and Ginnie Mae issued a total of just $70.34 billion of single-family MBS during July, down 3.4 percent from the previous month. It was the lowest one-month production level since January 2009 and left year-to-date issuance down 4.3 percent from the first seven months of 2010. Ginnie production was actually up slightly from June levels, but both Fannie and Freddie posted significant slowdowns. Freddie issuance dropped 15.5 percent from the previous month and accounted for [Includes one data chart]
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Issuers Fret About Risk-Retention Proposal’s Harmful Effects on Securitization Structures

August 5, 2011
Major MBS issuers are concerned about the potential harm evolving risk-retention regulations could have on securitization structures, regardless of which structure issuers decide to use. In response to the interagency proposed rule on credit risk retention, Citigroup said the public interest is not served by requiring securitizers to hold positions that are designed to take losses. “For example, all deal parties, the rating agencies and the investors are fully aware that the lowest tranche, sometimes referred to as a ‘first loss’ tranche, may take losses and no representation is made that such tranche is either investment grade or will receive...
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Auto ABS Issuers Seek Lower Risk-Retention Requirement, But Investors Aren’t So Sure About Pool-Level Approach

August 5, 2011
Issuers of ABS backed by vehicle loans urged federal regulators to adopt a pool-level approach to determine new risk-retention requirements rather than the all-or-nothing standard proposed earlier this year that featured a narrowly drawn definition of “qualified auto loans. ”Like the more widely discussed provisions on non-agency MBS securitization, the interagency proposed rule carved out an exemption from the 5 percent risk-retention requirement for auto ABS that are backed exclusively by qualified auto loans. But issuer members of the American Securitization Forum said the proposed definition of qualified auto loans features...
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Kroll Bond Rating Agency Takes on Non-Agency RMBS, Is Optimistic About Market Recovery

August 5, 2011
Nationally recognized statistical rating organization Kroll Bond Rating Agency demonstrated its optimism in the non-agency market by requesting public comment this week on its rating methodology for evaluating residential MBS. “By providing complete transparency into our approach and processes, we aim to instill trust in the market and to raise the bar on ratings accuracy,” said James Nadler, Kroll’s president, in a statement. “These [publications on our proposed rating process] demonstrate our strong commitment to serving the market through a rigorous evaluation of the collateral as well as key parties in an RMBS, and combine all aspects of...
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ASF in Negotiation with Chicago over Ordinance Holding Banks Responsible for Vacant Properties

August 5, 2011
Wall Street and the Chicago City Council are at loggerheads over a revised ordinance establishing mortgage lender liability for vacant and abandoned buildings caught in the foreclosure process. Tentatively set to take effect Sept. 18, the ordinance addresses the issue of vacant and abandoned foreclosed properties for which ownership is unclear. It holds banks responsible for the upkeep and security of such properties even before they assume title to those properties. In a recent analysis, Moody’s Investors Service warned that such lender liability laws increase mortgage lending transaction costs, which will worsen if...
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Two Harbors Targets Subprime Non-Agency MBS As ‘Attractive’ Investment Opportunities

August 5, 2011
Two Harbors Investment Corp. said this week it is “impressed with the investment opportunities” in the non-agency MBS sector, particularly over the next year and beyond and is pushing forward with its plans to begin a securitization program. Thomas Siering, president and CEO of the New York-based real estate investment trust, said during a conference call to discuss the firm’s second quarter earnings that despite the “challenging” non-agency environment in June, there is tremendous opportunity to profit from non-agency MBS issuance throughout the rest of this year into 2012. “The recent pullback in the non-agency market has created...
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