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Changes to Servicing Among the Many Reforms Sought By Investors Before Returning to Non-Agency MBS

May 22, 2015
Industry participants, both on their own and with help from the Treasury Department, continue to work on reforms to attract investors to buy new non-agency MBS. Servicing standards will likely play a key role in the reforms, though progress has been slow. The Structured Finance Industry Group published its first RMBS 3.0 “green paper” in August 2014 with a follow-up in November. The Treasury Department has been working with industry participants toward the issuance of a benchmark non-agency MBS since at least September 2014. Analysts at Fitch Ratings stressed...
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Conduit Commercial MBS Issuance Lower than Expected Thus Far This Year, Investor Concerns Among Deterrents

May 22, 2015
Issuance of conduit commercial MBS has been significantly lower than expected this year, according to Bank of America Merrill Lynch. Some of the expected volume appears to have shifted to single-asset deals, while a number of investor-related factors have also likely limited issuance. BAML expected $85.0 billion in conduit commercial MBS to be issued this year, a nearly 50 percent increase compared with 2014. However, just $23.0 billion in conduit commercial MBS had been issued this year through mid-May, suggesting that volume might stay level compared with 2014. A number of factors have shifted...
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Nomura Considers Appeal of $805 Million Judgment, FHLBank Dismisses MBS Claims Against Some Banks

May 22, 2015
Nomura Holdings Inc. is mulling an appeal following last week’s court order that it, along with RBS Securities, pay Fannie Mae and Freddie Mac a total of $805.1 million to resolve claims arising from the pre-crisis sale of non-agency MBS to the government-sponsored enterprises. Judge Denise Cote of the U.S. District Court for the Southern District of New York rendered the judgment May 11 after a three-week bench trial in which she found Nomura and RBS liable for the claims brought by the Federal Housing Finance Agency. The MBS were backed by mortgages with an unpaid principal balance of about $2.05 billion at the time of purchase. Nomura and RBS, which underwrote four of the seven MBS deals at issue, provided...
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What We’re Hearing: FHA Readies a Bromide? / Another FHA Lender May Sue HUD / Kudos for Quicken’s Bill Emerson / A Big M&A Deal Brewing? / At Least FBR’s Paul Miller is Optimistic

May 22, 2015
Paul Muolo
We understand that at least one other prominent FHA lender is contemplating filing a lawsuit against the government as well...
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GOP Reg Relief Bill Passes, GSE Provisions Include PSPA, More...

May 22, 2015
The Senate Banking, Housing and Urban Affairs Committee this week passed the Financial Regulatory Improvement Act of 2015 by a 12 to 10 margin along party lines. The measure, introduced by committee Chairman Richard Shelby, R-AL, includes a number of GSE provisions. Title VII of the bill prohibits the use of increases in Fannie Mae and Freddie Mac guaranty fees to offset outlays or reductions in revenues for “any purpose other than enterprise business functions or housing finance reform as passed by the Congress in the future.” The bill was approved by the Senate Banking, Housing and Urban Affairs Committee. Another provision would prohibit the U.S. Treasury from selling or...
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Lenders Cautiously Laud Rep-And-Warrant Framework Clarity

May 22, 2015
Lenders are showing “restrained enthusiasm” for the new rep-and-warrant policy changes, according to Jeremy Potter, general counsel and chief compliance officer with Norcom Mortgage. The changes were made to help reduce uncertainty in addressing lenders’ concerns about when they might be asked to repurchase a loan. “On the one hand, you had some restraint where the lender’s reaction was ‘what am I really getting and how is this going to actually materialize?’ But on the other hand, there is the enthusiasm about an example of a regulator, investors and the lender community working together to make a significant advancement to accomplish goals that are good for everyone,” he said.
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FHFA Dishes on Single Security Progress, Vague on Timeline

May 22, 2015
In tandem with its efforts to build a common securitization platform, the Federal Housing Finance Agency provided an update on its progress in developing a single security for the GSEs last week. “The single-security project is intended to improve the overall liquidity of Fannie Mae and Freddie Mac mortgage-backed securities, and lower costs for borrowers and taxpayers,” said the FHFA. The recent update primarily focused on the decisions it made based on the 23 response letters it received and dialogue the agency had with industry leaders after initiating a request for input last year. While representatives from the Federal Home Loan Banks suggested that the FHLBank system become an eligible issuer of single securities, the FHFA declined that proposal.
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FInal FHFA Seller/Servicer Regs Unchanged on Financials

May 22, 2015
The Federal Housing Finance Agency this week unveiled final eligibility rules for nonbank servicers, codifying minimum capital and liquidity ratios for the industry along with a host of standards that owners of servicing rights must meet. All the requirements take effect December 31 of this year. In particular, the mandates, on the surface, might look burdensome to smaller shops that aren’t used to extensive audit requirements pressed upon them by Fannie Mae and Freddie Mac. The surveillance and “best practices” guidelines cover a host of areas, including such things as servicing transfers, and how the servicer (or servicing agent) manages its call center. Smaller shops, to some extent, are thrown a bone in the final rules.
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FHLB Combined Net Income Rose Due to Higher Litigation Gains

May 22, 2015
The Federal Home Loan Bank system earned $1.015 billion in the first quarter of 2015, according to figures compiled by the system’s Office of Finance, an 82.6 percent increase when compared to the same quarter in 2014. The sharp increase was primarily the result of higher gains on litigation settlements, according to the Office of Finance. Litigation settlements accounted for $480 million in gains for the three months ending on March 31. The OF said the bulk of it was “driven by the FHLBank of San Francisco’s $450 million settlement of certain claims arising from investments in private-label mortgage-backed securities.” Total FHLBank assets for the first three months of the year were down at $879.9 billion, a 3.7 percent decrease from...
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FHLB Proposed Membership Rule Still Faces Uncertainty

May 22, 2015
The Federal Housing Finance Agency continues to mull over the decision on whether to ban captive insurance firms owned by real estate investment trusts from the system. The agency received 1,300 comment letters on the controversial proposal and Mel Watt, FHFA’s director, was vague last week on when a final decision would be made. “FHFA is continuing to evaluate the comments we received and we will come to a resolution as quickly as we can prudently do so,” he said during the Federal Home Loan Banks Directors Conference in Washington. Last year, Watt raised safety and soundness concerns about captive insurers borrowing and joining the FHLB system. Some regulators are concerned that REITs and other financial...
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