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Court Narrows Scope of Investor Lawsuit Over Countrywide MBS Disclosures

July 15, 2011
Investors who lost money in Countrywide Financial Corp. MBS after the 2007 market collapse suffered a possible blow of hundreds of billions of dollars in a Los Angeles court case last week. After initially seeking $351 billion in a lawsuit, the case was narrowed to $2.6 billion in bonds. U.S. District Judge Marianna Pfaelzer in the Central District of California had already narrowed the case once, saying investors can only sue for their own losses, not those related to all offerings that fell under the same guidelines. This ruling reduced ...
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Bernanke Backs Loan Limit Decline; Banks Ready to Originate Jumbos

July 15, 2011
Federal Reserve Chairman Ben Bernanke this week endorsed the reduction in high-cost conforming loan limits set to be implemented in October. The Mortgage Bankers Association, meanwhile, called for an extension of the existing loan limits through the end of 2012. Major banks and other non-agency players are eagerly anticipating the decline in the top loan limit from $729,750 to $625,500. A number of banks have indicated that they are ready and willing to make non-agency jumbos. In separate testimony this week before two committees of Congress, Bernanke said lowering ...
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New Penn Details Non-Agency Offerings

July 15, 2011
New Penn Financial is offering mortgages with balances of up to $2.0 million along with a number of other non-agency lending options, the firm revealed this week. Shellpoint Partners, a specialty finance company, recently acquired New Penn, which previously focused predominantly on agency offerings. “There is a large segment of credit-worthy borrowers who cannot qualify for financing due to overly restrictive agency and government guidelines,” said Bob Wexler, vice president of New Penn’s financial services division. “We’re a portfolio lender focused on ...
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Portfolio Mods Performing Similar to Agency Mods

July 15, 2011
The loss mitigation flexibilities enjoyed by banks and thrifts servicing mortgages held in portfolio have not led to markedly stronger performance compared with mods allowed by the more stringent government-sponsored enterprises. New data released this month by the Office of the Comptroller of the Currency and the Office of Thrift Supervision suggest that portfolio servicers’ emphasis on principal reduction has had limited benefits on overall mod performance. Banks and thrifts serviced $1.69 trillion in portfolio mortgages at the end of the first quarter of 2011, according to the Inside Mortgage Finance Bank Mortgage Database. The portfolio holdings were down by ... [contains one data chart]
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CFPB Makes Non-Bank Servicers a Top Priority

July 15, 2011
Mortgage servicing, particularly by non-banks, will be a top priority for the Consumer Financial Protection Bureau, according to officials at the new regulator. The CFPB will take over authority to administer federal consumer financial protection laws on July 21. About half of the top 20 subprime servicers, and two of the top five – Ocwen Financial and American Home Mortgage Servicing – are non-banks. At a joint hearing last week by two subcommittees of the House Financial Services Committee, Raj Date, associate director of research, markets and regulations at the CFPB, said the agency “will use ...
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Non-Agency Players Seek QRM Seasoning Changes

July 15, 2011
While industry participants continue to debate the merits of high downpayment standards for qualified residential mortgages, the risk-retention treatment of seasoned securities and loans is also a major concern. In comment letters submitted to federal regulators, the American Securitization Forum and the Securities Industry and Financial Markets Association each called for time limits on the proposed risk retention required for non-QRMs. Under the current risk-retention proposal, SIFMA said financial institutions would be compelled to ...
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Progress Slow for HAMP Add-On Programs

July 15, 2011
Servicers have made little progress with three auxiliary programs to the Home Affordable Modification Program, according to newly available data. Activity remains limited in the Principal Reduction Alternative, Second Lien Modification and Home Affordable Foreclosure Alternatives programs. Last week, for the first time, the Treasury Department detailed activity in the non-agency exclusive PRA program. Between the program’s announcement in March 2010 and May 2011, some 21,299 PRA trial mods were started. The activity is relatively low compared with ... [includes one data chart]
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Walter Investment Management Drops REIT Status

July 15, 2011
Bucking a trend among non-agency players, Walter Investment Management last week ceased operating as a real estate investment trust. While a number of non-agency REITs have formed recently, with more likely going forward, most are focused on investments in non-agency mortgage-backed securities. Walter, meanwhile, emphasizes non-prime third-party servicing. The company dropped its REIT status after its acquisition last week of Green Tree Credit Solutions. Walter officials said the company’s REIT status had put the company at ...
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Alt Product Gaining Traction with CUs

July 15, 2011
An increasing number of credit unions and other lenders have recently started offering a mortgage that allows borrowers to adjust their interest rates as frequently as every 120 days. While many lenders have avoided alternative mortgages since the collapse of the non-agency market, credit unions have not shied away from offering innovative products. This week, for the first time, a HarmonyLoan borrower executed an interest rate reset without the expense and requirements of the traditional refinancing process. The borrower took out ...
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Moody’s Critical of Major Non-Agency Servicers

July 15, 2011
Performance concerns prompted Moody’s Investors Service to downgrade the servicer quality ratings of two non-agency servicers recently and place a third servicer’s ratings on watch for possible downgrade. Last week, Moody’s downgraded the servicer quality ratings of JPMorgan Chase Bank and Chase Home Finance to SQ2 from SQ1 for subprime and prime loans. The rating scale ranges from SQ1 (strong) to SQ5 (weak). The downgrades were mainly due to the deterioration of the company’s collection metrics relative to some of its peers, a deterioration in ...
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