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BofA’s $9.3 Billion Settlement Doubles Overnight FHFA’s MBS Litigation Recovery; S&P Moves to Split Fraud Trial

March 28, 2014
With just one accord this week, the Federal Housing Finance Agency more than doubled the amount it has recovered on behalf of Fannie Mae and Freddie Mac from issuers and underwriters that sold subprime and Alt A MBS to the government-sponsored enterprises. Bank of America agreed to a $9.3 billion settlement that covers its own dealings as well as those of Countrywide Financial and Merrill Lynch, which it acquired in 2008. The agreement covers some $57 billion of MBS issued or underwritten by these firms. BofA did not admit...[Includes one data chart]
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Looking for Higher Yield, Investors Expect To Increase Their Holdings of Esoteric ABS

March 28, 2014
Investors plan to increase their holdings in what are known as esoteric ABS – such as container, timeshare, whole business and franchise loans, structured settlements and solar and renewables – more so than consumer or commercial ABS, according to a new survey from the DBRS credit rating agency. Higher-yield opportunities are likely a key reason investors will look toward esoteric assets in a period of exceptionally low interest rates, the survey found. “Over the next 12 months, market participants are...[Includes two data charts]
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GSE Jr. Preferred Shareholders Have a Tough ‘Row to Hoe’ in Winning Their Lawsuits

March 28, 2014
Charles Wisniowski
The private equity plaintiffs allege that the Treasury’s change in the dividend structure of its preferred stock leaves the GSEs with no funds to pay anything to junior shareholders.
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Are Seven Mortgage Insurance Firms Enough?

March 28, 2014
George Brooks
Agreeing to speak only on background, some mortgage participants thought that ORI’s recapitalization plan raised serious concerns among potential investors.
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Banks’ Use of Principal Forgiveness Declining, Transfers to Nonbank Servicers a Factor

March 28, 2014
Brandon Ivey
The serious delinquency rate on servicer portfolios hasn’t improved much in the past year, from 5.7 percent in the fourth quarter of 2012 to 5.4 percent in the fourth quarter of 2013.
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Looking for Higher Yield, Investors May Increase Their Holdings of ‘Esoteric’ ABS

March 28, 2014
Thomas Ressler
In the end, it's all about yield, which is why investors are going after "esoteric" ABS. Will non-prime MBS ever stage a comeback, even a mini-comeback?
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Most Mortgage Firms Continue to Undervalue Their Servicing Rights; But are Some Being Too Conservative?

March 27, 2014
In general, newly-created mortgage servicing rights are being valued at 4 to 4.5 times the servicing fee, which has become the industry norm of late, but there’s a school of thought that says lenders are being a bit too conservative in their “marks.” “Whether your company is public or private you have to be within [generally accepted accounting principles] on these valuations,” said Ken Richey, managing partner in Richey & Co., an accounting and advisory firm based in Englewood, CO. “GAAP dictates that you have to book it at fair value. But what’s fair value?” On a Fannie Mae or Freddie Mac loan, 4 times the servicing fees translates...
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Short Takes: Now Let Us Praise Servicing Profits / Is the Default Management Business Headed for a Crackup? / Okay, Who’s Looking at PHH? / The Waters Bill Is Not Half-Bad / Giving Carrington Some Credit

March 27, 2014
Paul Muolo
Speculation continues to grow concerning which nonbanks have looked at buying PHH Mortgage. Our sources caution that “looking” doesn’t mean a deal is close. PHH is based in Cherry Hill, NJ, not too far from Philadelphia. One advisor suggested we look at who has been flying in from points south.
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Industry Experts Spell Out How to Get the Most Mileage From Your Mortgage Servicing Rights

March 27, 2014
Lenders are discovering hidden gold in their mortgage servicing rights these days. But even with the run-up in values, many lenders are choosing to keep their servicing, some because it maintains relationships with customers who have additional valuable banking needs, and others to avoid the regulatory headaches associated with servicing transfers. Some lenders are taking a middle path, selling the asset but continuing to work the loans as subservicer. During a webinar sponsored by Inside Mortgage Finance this week, Mark Garland, president of MountainView Servicing in Denver, noted that there are far more sellers today than even one year ago. In the first three months of 2014, 36 deals went to auction with $98 billion in unpaid principal balance. That compares with the 13 deals ($146 billion) auctioned during the same period last year, although $100 billion of that was in one deal. “Despite strong demand and pricing levels, sellers are vetting...
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Experts: Shareholders Lawsuits Challenging Government’s GSE Profit Grab a ‘Tough Row to Hoe’ for Plaintiffs

March 27, 2014
Expect a long and winding legal road to resolution of investor lawsuits challenging the Treasury Department’s “net worth sweep” of Fannie Mae and Freddie Mac earnings, warn legal experts. More than a dozen lawsuits filed against the government – including hedge funds Perry Capital and Fairholme Capital Management – are pending in federal district court in Washington, DC, and in the Court of Federal Claims. The shareholder plaintiffs allege that the Treasury’s change in the dividend structure of its preferred stock leaves the government-sponsored enterprises with no funds to pay dividends to junior shareholders. The complaints raise...
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