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IRS Allows MBS Trustee and Master Servicer to Enter Settlement with Investors Without Raising REMIC Issues

January 15, 2016
The Internal Revenue Service recently provided guidance to an MBS trustee and master servicer confirming that a settlement with investors was compliant with requirements for real estate mortgage investment conduits. While Private Letter Ruling 201601005 applies only to the unidentified parties that sought the guidance from the IRS, industry attorneys suggest that the letter could be useful when structuring settlements with MBS investors. The letter was released ...
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Originations at Wells Fargo Down a Modest 14.5 Percent in 4Q

January 15, 2016
Paul Muolo
Wells' lending performance stands in contrast to its closest JPMorgan Chase, which reported a 23.3 percent sequential decline in mortgage production for the period.
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MBS Prices Unexpectedly Move Higher; New Benchmark Security on the Horizon?

January 15, 2016
When the Federal Reserve hiked short-term rates back in mid-December, mortgage rates were expected to increase as well and keep heading north in the new year. But thanks to deep concerns about economic growth in China – not to mention plunging oil prices – all bets are now off. This past week, the price on the benchmark Fannie Mae 3.5 percent security increased by 44 basis points, according to figures compiled by MBS Quoteline. As Inside MBS & ABS went to press ...
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Are Due Diligence Firms Leading Secondary Market Investors to Reject Loans Due to Minor TRID Errors?

January 15, 2016
By now the word is out: Certain unnamed secondary market investors are turning away mortgages because of compliance errors, expressing the opinion they do not want to be on the “liability hook” for any origination errors under the new integrated disclosure rule known as TRID. The Mortgage Bankers Association recently singled out a jumbo investor that’s been rejecting 100 percent of the loans offered by originators. The trade group declined to identify the investor, but other ...
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Issuance of Collateralized Loan Obligations Projected to Fall in 2016, Bucking Trends in Structured Finance Arena

January 15, 2016
Industry analysts project that the volume of collateralized loan obligations issued this year will decline compared with 2015 because of regulatory and other factors. Among projections for various MBS and ABS asset types by Standard & Poor’s, CLOs are the only securities expected to see a decline in volume in 2016 compared with last year. CLOs differ from many other structured finance products in that they involve a special purpose issuer that acquires a portfolio of commercial loans ...
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MBA’s Accounting Expert Cautions Entities on FASB’s Forthcoming Loan-Impairment Accounting Model

January 15, 2016
Entities growing their purchase mortgage and MBS portfolios may be affected by a new accounting model for recognizing credit impairment, the second leg of the Financial Accounting Standards Board’s long-term financial instruments project. The Mortgage Bankers Association expects a release date either towards the end of the first quarter of 2016 or in the second quarter, barring unforeseen changes. “I have not seen transition rules exposed yet, but I suspect that there will be ...
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Single-Family Rental Property Securitizations Evolve, But Net Operating Income Needs Work

January 15, 2016
Interest in the single-family rental market has increased since being introduced as a viable asset classes several years ago, but some say further growth may depend on the sector’s ability to significantly improve operating efficiencies. There have been 27 single-family rental securitizations to date. In 2015, issuance of single-family rental deals was $6.72 billion, up from $6.61 billion a year earlier, according to Morningstar Credit Ratings. Although capital expenses were higher than ...
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FAST Act Codifies Exemption for MBS/ABS Resales, Issuers Might Not Meet Requirements, Experts Say

January 15, 2016
A new statutory exemption for private resales of ABS and MBS imposes certain requirements that issuers may find difficult to meet, according to securities compliance experts. The provision is part of the “Fixing America’s Surface Transportation Act” (FAST Act), which President Obama signed on Dec. 4, 2015. Although aimed primarily at authorizing spending on highway and transit projects, the new law includes several provisions intended, among other things, to facilitate ...
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Lenders Using ‘Big Data’ for Originations Could Face Regulatory Scrutiny

January 15, 2016
Carisa Chappell
Angela Klein, an attorney with the law firm Morrison & Foerster, said her firm has been talking to mortgage lenders that use big data about the risk and how little guidance there is about it.
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Commerzbank Sues Four RMBS Trustees Over $1.9B In Losses, Credit Suisse Agrees to $110M Settlement

January 15, 2016
Legacy non-agency MBS issued before the financial market collapse in 2008 continue to spawn millions in lawsuits. In the Southern District of New York, Commerzbank AG, as an RMBS investor, recently sued Deutsche Bank, HSBC, Wells Fargo and the Bank of New York Mellon in their capacities as MBS trustees on deals that inflicted approximately $1.88 billion in losses on the German bank. Commerzbank claimed it suffered $750 million in losses related to BNYM’s alleged failures ...
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