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State Roundup

August 15, 2011
Massachusetts. State Attorney General Martha Coakley has secured a $124.8 million settlement with Sand Canyon – which had done business as Option One in a previous life – that closes the book on claims of unfair and discriminatory lending practices by the former subprime lender. Under the terms of the settlement, the company must instruct its servicer, American Home Mortgage Servicing, to make principal reduction modifications for delinquent Option One borrowers. American Home acquired…
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Federal Roundup

August 15, 2011
Department of Housing and Urban Development Loan limit guidance. The Department of Housing and Urban Development plans to release guidance by the end of August that will detail which loans are eligible for the higher conforming loan limits, along with additional requirements for using the higher loan limits, according to Inside FHA Lending, an affiliated publication. …
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Worth Noting

August 15, 2011
The Department of Housing and Urban Development has launched a new web-based mapping tool displaying the location of all foreclosed properties being held by Fannie Mae, Freddie Mac and the FHA, which is almost half of all real estate-owned or REO properties in the U.S. HUD said its REO Portal is intended to help local communities, homebuyers and responsible investors to acquire these properties and accelerate efforts to stabilize local housing markets. …
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Despite Prepayment Risk, MBS Markets Look More Attractive as Investors Drive Treasury Yields Lower

August 12, 2011
The rush to Treasuries that resulted from investor fears about the U.S. and European economies has pushed interest rates closer to the level where a major mortgage refinance wave could start to take shape, but analysts say it’s a good time to load up on agency MBS. “The Fed’s commitment to keep interest rates low until at least mid 2013 strongly improves demand technicals for MBS, in our view,” said analysts at Credit Suisse in a report issued after the Federal Open Market Committee vowed to keep rates at historically low levels for at least two more years. “This provides ...
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Fannie, Freddie Continue Gradual Portfolio Reduction Amid Serious GSE 2Q11 Losses

August 12, 2011
The retained mortgage portfolios at Fannie Mae and Freddie Mac continued to melt slowly during the second quarter as the government-sponsored enterprises reported significant losses and turned to the federal government for more funding to stay in business. The two GSEs held some $1.416 trillion of mortgages and mortgage-backed securities in portfolio at the end of June, a decrease of 2.3 percent from the first quarter and down 9.0 percent from the same period a year ago. The biggest decline was in unsecuritized home mortgages, down 2.5 percent from the first quarter, while GSE MBS holdings ... [includes one data chart]
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Risk Retention Is ‘No Panacea,’ Fitch Says, But S&P Says New MBS Regime Could Improve Underwriting

August 12, 2011
Standard & Poor’s and Fitch Ratings have raised concerns about the proposed risk-retention rule that has sparked an outcry among MBS issuers, but the rating services appear to be taking a more measured view – in fact, S&P says it may be good for the market’s long-term health. In a recent report, S&P agreed with the industry consensus that the proposed rule won’t help the housing market and non-agency MBS sector right now. But the new standard for securitization, which sets a high bar for qualified residential mortgages that would be exempt from a ...
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Proposed BofA Settlement is ‘Unfair and Inadequate,’ Says AG, Charging Trustee With Conflict of Interest

August 12, 2011
New York Attorney General Eric Schneiderman blew the whistle on a pending settlement between Bank of America and MBS investors worth $8.5 billion for Countrywide non-agency MBS issued before the financial crisis. Schneiderman last week filed a lawsuit against Bank of New York Mellon – a party to the settlement – for allegedly committing fraud while acting as trustee for MBS trusts securitized by BofA, and asked the court to reject the settlement proposal. “In negotiating the proposed settlement, BNYM labored under a conflict of interest because it stands ...
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Lack of Relief From New Regulatory Wave Makes It Harder to Quantify MBS Risks, Says Analyst

August 12, 2011
The recent rancorous debate over raising the debt ceiling brings little hope of relief from the overwhelming amount of regulation coming down the pike. Analysts say the uncertainty has made it more difficult to quantify risks for MBS and other securitized products. Analysts at Bank of America/Merrill Lynch said the outcome of the debate was far worse than expected, forcing them to temper their optimism for securitized products. Instead, they are calling for a more neutral exposure. “The pragmatism we thought we would see never really emerged,” said Chris Flanagan, an analyst with the firm. “Instead ...
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Fannie Proceeds with Buy Out of $880M of Modified FHA Mortgages, Unscheduled Distribution Pending

August 12, 2011
Fannie Mae is moving ahead to buy out some $880 million of distressed FHA and VA mortgages from multi-class structured securities the government-sponsored enterprise guaranteed because the sellers have stopped making contractually required interest shortfall payments after loan modifications resulted in lower interest rates. That means investors in those securities can expect to receive an unscheduled distribution on Aug. 25, 2011, the GSE said. Fannie made the initial purchase on Aug. 1, 2011. Fannie said it will release additional information on the purchase of the remaining ...
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Most Non-Agency Loss Mit Is Proprietary, Prompting HAMP Changes from Treasury

August 12, 2011
The Treasury Department is making significant changes to the Home Affordable Modification Program designed to match some of the success servicers have had with proprietary loss mitigation programs.Non-agency servicers participating in the Home Affordable Foreclosure Alternatives short sale and deed-in-lieu of foreclosure portion of HAMP need to update their policies immediately, the Treasury announced this week. The structure for servicer incentive payments on non-agency first-lien HAMP mods will also change in October. "Unless prohibited by ... [includes one data chart]
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