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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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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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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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‘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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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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Equipment, Automotive ABS Sectors Rebounding, But Risk Retention, Loan-Level Data Are Concerns

July 22, 2011
Equipment and automotive ABS issuance may flirt with new record highs this year or next as the 2008 market collapse fallout dissipates and the benefits of solid underwriting continue to accrue, some leading industry executives said this week. Equipment ABS has rebounded substantially, according to Julie Schlueter, who is responsible for issuance of structured products and unsecured bonds at Case New Holland Global, a major manufac-turer of agricultural and construction equipment, and its captive finance subsidiary, CNH Capital. In 2007, new issuance in the sector exceeded ...
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JPMorgan Chase Seeks Gradual But ‘Close to Zero’ Reduction of Mortgage Portfolio Holdings

July 21, 2011
JPMorgan Chase officials say they plan to liquidate the company’s giant $154 billion mortgage portfolio to “close to zero” as it works through the bank’s mortgage losses and litigation of loan-servicing and foreclosure practices. During the company’s earnings conference call with analysts, JPMorgan CEO Jamie Dimon noted that the company will continue to reduce its mortgage holdings by 10 percent to 15 percent a year “forever.” Last year, the company reduced its mortgage holdings by $19.3 billion. JPMorgan reported earnings of ...
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More Consistent Regulatory Oversight of Appraisals Needed to Be Effective, GAO Says

July 21, 2011
To bolster some much-needed credibility and quality assurance for consumers seeking appraisals, the Federal Housing Finance Agency and the Consumer Financial Protection Bureau should set minimum standards for states to apply in registering appraisal management companies, a recent Government Accountability Office report said. “Partly in reaction to appraiser independence requirements, lenders have increasingly relied upon AMCs to perform certain functions,” the GAO observed. “Despite the increased use of AMCs, direct federal oversight of AMCs is limited because ...
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Lenders Could Begin Lowering Loan Limits Before Oct. 1 Without HUD Implementation Guidance, Industry Warns

July 21, 2011
Without clear, early implementation guidance from the Department of Housing and Urban Development, FHA mortgage lenders could start underwriting to the lower loan limits before the Oct. 1 effective date, limiting the origination of FHA loans, warned two real estate industry groups. Providing guidance to mortgage lenders on how to manage the transition from the current top-end amount of $729,750 to $625,500 for high-cost areas without disrupting FHA lending is critical, the Mortgage Bankers Association and the National Association of Home Builders wrote to HUD. Lenders manage their pipelines based on ...
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OCC Bows to Pressure on Final Rule on Preemption Under Dodd-Frank, Assumes Oversight of Thrifts

July 21, 2011
The Office of the Comptroller of the Currency made significant changes to a controversial proposed regulation it issued back in May to implement revised federal preemption standards regarding state mortgage and other consumer protection laws. The OCC’s proposed rule to conform to Dodd-Frank Act preemption provisions was met with significant opposition from state regulators, consumer advocates, members of Congress and even the Department of Treasury, within which the agency functions as an independent bureau. One of the key disputes focused on the OCC’s proposal to use a ...
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