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Industry Groups Fight for Third-Party Affiliates As CFPB Works on Final Ability-to-Repay Rule

March 29, 2012
Lenders, home builders and affiliated settlement service companies are lobbying the Consumer Financial Protection Bureau to preserve the ability of affiliated settlement service providers to do business with one another under the final ability-to-repay/qualified mortgage rule the agency is charged with writing. “We strongly support a competitive mortgage market where builders and lenders large and small, unaffiliated and affiliated, as well as other settlement service providers actively compete to provide sound mortgage products and ancillary settlement services to consumers,” said the Leading...
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Congress Passes GSE Bonus-Killing STOCK Act, Bill Also Requires Lawmaker, White House Mortgage Disclosures

March 29, 2012
Nearly two months after the House and Senate overwhelmingly voted to curtail bonus payments to Fannie Mae and Freddie Mac executives, congressional lawmakers last week approved a final bill to send to the president’s desk for signature. Among the amendments included in the Stop Trading on Congressional Knowledge Act of 2012 – which would bar members of Congress and staffers from using non-public, inside information for personal benefit – are prohibitions on bonus payments to top executives of the two government-sponsored enterprises while they remain in conservatorship. The STOCK Act also...
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Mortgage Servicing Continued to Shrink In 2011, Ginnie the Only Growth Market

March 29, 2012
The steady decline in home loans outstanding in the market continued for a fourth straight year in 2011, with the total servicing market shrinking to $10.291 trillion. That was down 2.2 percent from the previous year. The only sector that has seen any growth was Ginnie Mae servicing, which increased 14.4 percent last year even though FHA lending has begun to taper off. The total supply of Fannie and Freddie servicing was down 1.1 percent and 4.0 percent, respectively, though they still account for the two largest components in the market, 27.9 and 17.3 percent of the amount...(Includes two data charts)
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Treasury Sells Off the Last of Its GSE MBS Holdings, Earned Tidy Profit on Market Stabilization Program

March 23, 2012
The Treasury Department this week finished winding down its holdings of Fannie Mae and Freddie Mac MBS, claiming a positive return of $25 billion for the U.S. taxpayers from a market stabilization initiative launched in the teeth of the 2008 financial market meltdown. Treasury’s holdings of MBS issued by the two government-sponsored enterprises peaked at $197.6 billion in December 2009. “These MBS purchases helped preserve access to mortgage credit during a period of unprecedented market stress,” the agency said. The Federal Reserve agency MBS investment program was far bigger, peaking at $1.12...
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Securitization Rates Remain High in 2011 Despite Untapped Opportunity in Prime Jumbo Market

March 23, 2012
An estimated 82.8 percent of single-family mortgages originated in 2011 ended up being financed through securitization, according to a new Inside MBS & ABS analysis. That’s the second highest level on record, falling slightly below the 84.4 percent securitization rate in 2009. Virtually all government-insured mortgages are securitized through the Ginnie Mae program, which securitized some $284.6 billion in newly originated FHA and VA loans last year. The big increase in securitization rate came in the conventional conforming market, where high loan limits have greatly expanded (Includes one data chart)...
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SEC’s $285 Million Settlement with Citigroup Over Toxic MBS Back on Track after Appeals Court Rules

March 23, 2012
Last week, the 2nd Circuit Court of Appeals ruled that Judge Jed Rakoff of the District Court for the Southern District of New York erred when he blocked the $285 million agreement the Securities and Exchange Commission and Citigroup struck to settle a dispute over MBS that later turned toxic when the market tanked. Market observers think it likely means the settlement is back on track, and a good sign for the market, “with sanity and certainty prevailing,” as one put it. In U.S. Securities & Exchange Commission v. Citigroup Global Markets Inc., the district court this past November refused to approve a...
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Neither Legislation Nor Headlines Having Negative Effect on Student Loan ABS

March 23, 2012
Mounting fears that student loan debt will lead the way to the next credit crisis and legislative proposals to deal with those concerns appear to be having relatively little impact on the student loan ABS market, where new issuance has held fairly steady since the financial crisis. According to Bank of America Merrill Lynch analysts, the spreads for student loan ABS are attractive enough to “turn more positive on (the) private student loan sector.” New issuance of private student loan ABS fell off sharply following the financial crisis. Investors demanded higher risk premiums, said Jonathan...
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Moody’s: Easing Standards Driving Up Securitization Risk Following Post-Financial Crisis Low Levels

March 23, 2012
Moody’s Investors Service is cautioning that the securitization market is again seeing elevated levels of risk, though not as bad as the go-go days before the 2008 bubble burst. In a report issued last week, Moody’s cited relaxed underwriting standards, more complex structures and the entrance of untested market participants over the last two years as signs of credit easing in a number of asset classes, including autos, credit cards, and commercial and residential property. “This reversion is not unusual for this phase of the credit cycle, when providers of credit typically start to relax standards...
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FHFA Orders Analysis of Fannie, Freddie Multifamily Operations as Potential Prelude to Privatization

March 23, 2012
The Federal Housing Finance Agency is calling for Fannie Mae and Freddie Mac to conduct an analysis of the viability of each company’s multifamily operations without government guarantees, suggesting the possibility of separating the two government-sponsored enterprises’ multifamily and single-family businesses. The GSEs’ mandated review of their multifamily operations is part of the FHFA’s 2012 “conservatorship scorecard” unveiled two weeks ago, which outlines the specific objectives and timelines for the Finance Agency’s strategic plan for the conservatorships of Fannie and Freddie. The multifamily...
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FINRA Proposes Changes to Increase Transparency in TBA Deals, Help Investors Negotiate Fair MBS Prices

March 23, 2012
The Financial Industry Regulatory Authority, a non-governmental watchdog of the securities industry, has asked the Securities and Exchange Commission to approve proposed amendments designed to increase transparency in to-be-announced transactions involving agency pass-through MBS. The proposed rule changes would establish clear requirements for reporting TBA transactions that are “for good delivery” (GD) or “not for good delivery” (NGD) to enhance the ability of investors to negotiate fair and competitive prices for agency MBS. Based on market standards, the GD and NGD classifications were...
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