Federal regulators will make their next move on risk retention and defining qualified residential mortgages in September, according to the Federal Reserve. Meanwhile, the Securities and Exchange Commission is working on a number of long-pending MBS rules, including the so-called Reg AB2. The Fed expects to take “further action” on risk retention in September, according to its latest regulatory agenda. The SEC, which is jointly working on the risk-retention rule with the Fed and other agencies, was vague, stating that the next action date was “undetermined.” Regulators have received...

Freddie Mac this week issued the first in a series of planned transactions from the government-sponsored enterprises to share risk with the non-agency market. Industry analysts suggest that while the transaction represents a good value for investors, the audience for the transactions structured like a synthetic collateralized debt obligation is limited. The Structured Agency Credit Risk Debt Notes 2013-DN1 included a total of $500 million in two non-guaranteed tranches sold to investors with 10-year terms, according to non-agency market participants. The STACR reference pool consists...

Federal prosecutors and members of the Justice Department’s Residential MBS Working Group are reportedly considering a new strategy for criminally charging Wall Street bankers for alleged fraud in their packaging and sale of MBS backed by subprime mortgages at the peak of the housing frenzy. According to Reuters, the members of the working group are eye-balling a shift in strategy that would involve moving away from the more widely used securities fraud charges to the less common offense of bank fraud. “Perpetrators of bank fraud can be charged up to 10 years after their crimes, compared with the five-year statute of limitations on securities fraud, which has already run out on most events leading up to the 2008 financial crisis,” Reuters reported. “A bank fraud conviction carries up to $1 million in fines and a maximum prison sentence of 30 years.” Laurence Platt, financial services practice leader in the Washington, DC, office of the K&L Gates law firm, said...

When it comes to guaranty fees, FHFA has taken "meaningful steps" to level the playing field for community lenders, one agency official testified this week.

The Federal Reserve expects to take further action on mortgage risk retention rules in September.

Rising interest rates and increased volatility helped slow new issuance of non-mortgage ABS during the second quarter of 2013, with declines posted in most asset classes. A total of $38.96 billion of non-mortgage ABS were issued during the second quarter, down 17.3 percent from the first three months of the year, according to a new Inside MBS & ABS ranking and analysis. At the midway point in 2013, ABS issuance was off 3.7 percent from the first six months of last year, which included heavy volume in the second quarter of 2012. Even with the second-quarter softening, ABS issuance in 2013 is...[Includes two data charts]

In particular, mortgage industry professionals are focused on third-party-paid charges and seller-paid points in the QM rule.

Flagstar Bank is reportedly working on a deal to sell a large chunk of its mortgage servicing rights while retaining a subservicing contract to continue administering the loans. The bank declined to talk about its plans, but during an earnings call this week officials gave more clues that it’s contemplating such a maneuver. They told analysts that Flagstar has taken a close look at how it services mortgages, discovering that it’s quite good at servicing performing loans, but not so good with high-touch product. Sondro DiNello, president and chief executive of the bank, also declared...

Although Wells Fargo promised some JVs that everything was "fine" earlier in the year, the megabank is now exiting the joint venture space.

The Federal Housing Finance Agency considers community-based lenders a “critical” component for lawmakers to consider as they move to lay the foundation for a new housing finance system, an FHFA official said during a hearing this week of the Senate Banking, Housing and Urban Affairs Subcommittee on Securities, Insurance and Investment. “As we move to reform our nation’s housing system, it is important to ensure that community-based lenders are able to fully participate in the new system,” said Sandra Thompson, the FHFA’s deputy director for the Division of Housing Mission Goals. “There should not be a significant difference between how large and small lenders are treated when securitizing residential mortgage loans.” Thompson said...