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CFPB Intensifies Coordination with State AGs; Focus On Servicing, Forced-Place Insurance, Hybrid ARMs

March 15, 2012
The director of the Consumer Financial Protection Bureau – himself a former state attorney general – is looking to work more closely with state officials. “Quite bluntly, we need your experience, your perspectives and your coordination in a strategic effort to root out fraud and unfairness in the financial marketplace,” said CFPB Director Richard Cordray in a speech to a convention of state AGs. The CFPB is already involved in several working groups that are actively cooperating with state AGs and their staff, one of which has to do with foreclosure scams and another on debt collection. “These...
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Fannie Mae’s Cost-Cutting Proposal Puts Major Underwriters of Lender-Placed Insurance at Risk

March 15, 2012
A Fannie Mae proposal to reduce the cost of lender-placed homeowner insurance might be great news for borrowers but not for insurance companies that underwrite the product, warned Moody’s Investors Service. While Fannie has not disclosed the full details of its cost-reduction proposal, the government-sponsored enterprise plans to place policies directly with insurance companies, rather than accept policies put in place by the mortgage lender. Last week, the GSE issued a “request for proposals” inviting insurance companies to compete for the GSE’s lender-placed business. The request is...
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Agency MBS Volume Holds Steady in 2012 as Market Comes to Grips With Shifting Government Programs

March 9, 2012
New issuance of agency MBS rose a modest 2.2 percent from January to February, and 2012 has started off on a somewhat stronger note than many observers had expected. Fannie Mae, Freddie Mac and Ginnie Mae issued a total of $116.5 billion of new single-family MBS last month – which made February the second-highest month in production since the beginning of last year. While issuance in the first two months of 2012 was down 5.6 percent from the same period in 2011, total production for this year would top $1.38 trillion at the current pace and that would be a measureable gain over...(Includes two data charts)
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Covered Bonds Bill Would Raise Deficit Slightly, Measure Has Bipartisan Support, FDIC Opposition

March 9, 2012
The House Ways and Means Committee this week extended until March 30, 2012, the period of time in which it can consider legislation that would lay the legal and regulatory foundation for a covered bonds market in the U.S. H.R. 940, the United States Covered Bond Act of 2011, was introduced March 8, 2011, by Rep. Scott Garrett, R-NJ, and reported out of the House Financial Services Committee on June 22, then referred to Ways and Means for consideration of its potential effect on the federal budget. Late last month, the Congressional Budget Office issued a cost estimate of the legislation. “CBO...
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Fitch: Principal Reduction Benefits Must Be Weighed Against Moral Hazard Risk to RMBS Investors

March 9, 2012
Principal reductions hold the potential for a positive impact on the mortgage market by preventing some foreclosures, but residential MBS investors stand to lose from an improperly implemented, wide-ranging loan modification effort, according to Fitch Ratings. The mandated principal reduction provisions in the recent $25 billion settlement involving state attorneys general, the federal government and the five largest mortgage servicers appear to be a “sensible approach” as loan modifications with principal reductions have performed better than other types of mods, but Fitch noted the benefit comes with a...
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Securitization Market Doesn’t Want Invitation to the Volcker Rule Party

March 9, 2012
Though Federal Reserve Chairman Ben Bernanke stated last week that the regulatory agencies would not hit the July 21 deadline for a finalized Volcker rule, such news only leaves the securitization industry with more time to stew in anxiety about a regulation that many feel should not apply to them. The controversial Volcker rule, one of the many required by the Dodd-Frank Act, is designed to limit the ability for financial institutions to benefit financially by shorting their customers, through the prohibition of federally insured banks engaging in proprietary trading, covered transactions with hedge funds or...
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Policy Change Allows Fannie to Demand Return of Premiums If Lenders Show Excessive Prepay Pattern

March 9, 2012
Fannie Mae has updated its premium recapture policy by establishing standards for remediation in cases where a lender exhibits a peculiar prepayment behavior. Under the current guide, Fannie Mae has the right to analyze MBS that have high levels of prepayments, including a review of the lender’s origination and refinancing activities to ensure compliance with the government-sponsored enterprise’s requirements. If a lender shows an unusually high level of prepayments, Fannie may restrict any refinancing practice that might inappropriately affect the prepayment pattern for Fannie mortgages...
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Ginnie Pledge Agreement with Credit Suisse Likely To Increase Liquidity, Lower Costs, Attract Issuers

March 9, 2012
Ginnie Mae and Credit Suisse struck a “pledge acknowledgement agreement” last week that industry observers think will increase liquidity for mortgage lending and servicing, especially for smaller, independent players, attract more Ginnie lenders and issuers to the marketplace, and lower the overall costs of funding FHA/VA originations. Late last week, Ginnie announced that Credit Suisse has become the first institution to adopt a recently-revised pledge acknowledgement agreement. Through this arrangement, mortgage securities issuers will now be able to more easily tap funds at lower...
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Freddie Nets Income, Fannie Loses in 4Q

March 9, 2012
The two sibling GSEs experienced a divergent earnings period during the fourth quarter of 2011, as Freddie Mac posted a quarterly gain, on paper anyway, while Fannie Mae announced losses, albeit at a slower pace, in a year that drove both companies even deeper into the red.Freddie posted net income of $619 million during the three month period ending Dec. 31, 2011, compared to a net loss of $4.4 billion during the third quarter. For the full year, the company reported a net loss of $5.3 billion, compared to a net loss of $14.0 billion for the full-year 2010.
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Industry Deflects New Congress G-Fee Hike

March 9, 2012
A legislative effort to extend Fannie Mae and Freddie Mac’s guarantee fee hike beyond 2021 to pay for the Gulf Coast cleanup was averted this week following some behind-the-scenes lobbying, but industry insiders remain wary of future attempts by lawmakers to milk the GSEs for cash. An amendment to the Restore the Gulf Coast Act of 2011 would have used revenue generated from GSE g-fees to help pay for the continued clean up from the BP Gulf Coast oil spill. Sponsored by Sens. Mary Landrieu, D-LA, and Richard Shelby, R-AL, the bill would establish a trust fund paid for partly by fines levied against the oil company.
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