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GAO: Future of Non-Agency MBS Market Lies In Agency Implementation of Dodd-Frank Act

July 22, 2011
Federal regulators are aiming for a delicate balance in new securitization rules that will nudge the mortgage industry toward new non-agency MBS issuance, including making sure there is enough collateral to provide a sustainable volume of new deals. The Government Accountability Office this week released a new report on the impact of the Dodd-Frank Act on the residential mortgage market, confirming the analysis by federal regulators that the proposed risk-retention rule would leave a significant share of the mortgage market outside the qualified residential mortgage definition. The GAO said that about 80 percent of ... [includes two data charts]
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‘Can’t Afford’ to Cut Regulator Spending On Dodd-Frank, Treasury Official Says

July 22, 2011
A year old this week, the Dodd-Frank Act remains as controversial as the day it was signed into law as critics continue trying to water down its impact by cutting funding for its implementation. Before the financial crisis, regulators weren’t properly funded to do their jobs, said Ben Bernanke, chairman of the Federal Reserve, during a hearing this week in the Senate Banking, Housing and Urban Affairs Committee. While the Dodd-Frank Act “does cover a lot” of the gaps, “quality is more important than quantity,” he said. But if money continues to be cut, it will be severely ...
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House Financial Committee Approves Bill Restoring Exemption of NRSRO Ratings from Expert Liability

July 22, 2011
The House Financial Services Committee this week passed legislation repealing a provision in the Dodd-Frank Wall Street Reform and Consumer Protection Act that increased the liability of credit rating agencies for ratings they provide on asset-backed securities offerings. H.R. 1539, the “Asset-Backed Market Stabilization Act of 2011,” would restore Rule 436(g) is-sued by the Securities and Exchange Commission, which exempted nationally recognized statistical rating organizations, or NRSROs, from expert liability when they provide ratings for ...
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Short-Term Agency MBS Picture Bleak as Moody’s, S&P Announce Possible GSE Ratings Downgrade

July 22, 2011
Regardless of whether the White House and Congress come to a debt ceiling deal before the fast approaching Aug. 2 deadline, agency MBS are in for a rough ride, experts say. Last week, Moody’s Investors Service and Standard & Poor’s lit a fire under the debt talks and sparked widespread consternation throughout the MBS arena when they announced that each may cut the U.S. credit rating two double-A within three months if there isn’t a “credible” agreement to address the U.S. debt burden. Consequently, Moody’s placed on review for possible downgrade ...
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Fannie Mae Addresses Reps and Warranties In Revised Single-Family MBS Prospectus

July 22, 2011
Fannie Mae this week released a revised prospectus for its single-family MBS program that updates language on non-standard collection options such as biweekly payment plans, certain hybrid ARM pools and loan eligibility. The government-sponsored enterprise also expanded its discussion of representations and warranties provisions affecting its single-family MBS. In addition to requiring sellers to repurchase mortgages that breach the reps and warranties, Fannie said it is important for investors to consider that there are other mandatory and optional cases where loans may be ...
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Basel Report Calls for Tougher, More Uniform Regulation of Mortgage Securities Markets

July 22, 2011
Regulators of MBS markets should use a variety of tools to address inverse incentives in securitization, encourage markets to improve transparency and increase document standardization, according to a report released by the Joint Forum of the Bank for International Settlements. In its “Report on Securitization Incentives,” BIS said incentives in securities markets were misaligned in the crisis and still are today. “The major incentives at play for originators/sponsors included funding diversification, funding cost, risk transfer ...
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Draft Margin Rules a Disadvantage for GSEs

July 22, 2011
Hedging will become much more expensive for Fannie Mae, Freddie Mac and the Federal Home Loan Banks than for anyone else as proposed new rules on the margining of uncleared derivatives will significantly increase the cost of trading, the GSEs warned federal regulators.GSEs regulated by the Federal Housing Finance Agency weighed in via comment letters on the rules proposed in April by the FHFA, as well as the Federal Reserve, the Farm Credit Administration, the Federal Deposit Insurance Corp. and the Office of the Comptroller of the Currency.
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Six FHLBanks Want in on BofA Settlement

July 22, 2011
A coalition of six Federal Home Loan Banks has gone to court seeking formal standing as investors in the proposed $8.5 billion Bank of America settlement over mortgage-backed securities even as court papers reveal investors could be owed a sum three times greater than the current BofA proposal.The Federal Home Loan Banks of Boston, Chicago, Indianapolis, Pittsburgh, San Francisco and Seattle together own certificates in 73 of the trusts that are part of the proposed settlement for which they paid more than $8.8 billion.
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Chicago FHLB Adds Nonprofit Lender IFF to Membership

July 22, 2011
The Federal Home Loan Bank of Chicago recently announced that the nonprofit lender and real estate consultant IFF has joined the Bank as a member.Formerly known as the Illinois Facilities Fund, IFF is the first community development financial institution to join the FHLBank of Chicago and only the sixth CDFI nationally to become part of the FHLBank system.
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House Bill Extends Loan Limits by 2 Years

July 22, 2011
Two House lawmakers, one Republican and one Democrat, have introduced a bill that would postpone a planned reduction of the high-cost loan limits for Fannie Mae, Freddie Mac and the FHA due to take effect this fall.Late last week, Reps. John Campbell, R-CA, and Gary Ackerman, D-NY, filed H.R. 2508, the Conforming Loan Limits Extension Act, which would mandate a two-year extension to keep conforming loan limits at 2008 levels.
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