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Ally’s SEC Filing Reveals $100 Million 2Q11 Charge for Losses Incurred by MBS Trusts

July 8, 2011
Ally Financial, Inc., a major mortgage and automotive lender, said it expects to take a second-quarter charge of approximately $100 million for mortgage losses incurred by certain securitization trusts even as it disclosed new investigations by the Securities and Exchange Commission and the Department of Justice. Ally made the disclosures in an amended prospectus filed with the SEC recently proposing the sale of $100 million shares of the company’s common stock. According to the disclosure, $152 million was paid to the trusts during the second quarter to cover ...
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Fitch: Reps and Warranties, Due Diligence and Originator Reviews Will be More Meticulous

July 8, 2011
Fitch Ratings has updated its criteria for non-agency MBS, making changes to its standards for representations and warranties, due diligence and originator reviews to better determine credit risk for new issues. Three separate reports released last week revise existing criteria the rating agency created in 2008. “Originator reviews, loan-level due diligence results, and the quality of representations and war-ranties to a transaction are key elements of ...
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Servicing Standards Top CFPB To-Do List, But Attorneys General Should Focus on Enforcement, Alabama AG Says

July 8, 2011
The Consumer Financial Protection Bureau is ready to take mortgage servicing by the lapels when it formally opens on July 21, according to an official testifying at a House Financial Services Committee hearing this week – calling the initiative a “priority” for the new agency that faces a heavy load of new duties and authorities. One of the flaws in the regulatory structure is the lack of federal servicing standards, said Raj Date, associate director of depositor and consumer protection at the new agency. Servicing has been a key issue in some MBS investor lawsuits, and many have ...
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Views Mixed on Bank of America’s Countrywide MBS Settlement; Some Investors Raise Doubts

July 8, 2011
Although 22 large investors and Bank of America think they reached a reasonable deal to resolve massive buyback claims on some $221 billion of outstanding Countrywide non-agency MBS, some outside analysts and other investors aren’t so sure. The pending agreement, which has to be approved by the court, requires Bank of America to pay $8.5 billion that would be distributed according to the deals that suffered the biggest losses. In return, the bank would get significant ...
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MBS Issuance Tumbled in 2nd Quarter as Non- Mortgage Securitization Keeps Gaining Steam

July 8, 2011
Residential mortgage securitization activity fell sharply during the second quarter of 2011, reaching its lowest level since the low point in the financial market meltdown of 2008. A new analysis by Inside MBS & ABS reveals that only $245.9 billion of single-family MBS were issued during the second quarter of this year, a sharp 31.0 percent downturn from the first three months of 2011. Second quarter MBS issuance wasn’t much stronger than the $222.3 billion of MBS issued back in the fourth quarter of 2008, and to find a lower quarterly issuance volume you have to go ... [includes one data chart]
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Lenders Try to Adjust to Data, Compliance Demands Stemming from Dodd-Frank Act

July 7, 2011
Financial institutions are taking steps to prepare for an increased amount of data they will have to collect and report as a result of the regulatory deluge from the Dodd-Frank Act, according to experts participating in a webinar sponsored by Deloitte & Touche late last week. Organizations are “focused on disclosure, taking inventory of their own rules and regulations and they’re doing a series of different types ...
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Justice May Bring Criminal Charges in Servicing Investigations, More Mortgage Fraud Cases Filed

July 7, 2011
There is a good chance that criminal charges will be brought by the U.S. Department of Justice against the major mortgage servicers following a nationwide probe into robo-signing and other foreclosure processing issues. Officials representing the Financial Fraud Enforcement Task Force, a broad coalition of federal agencies working with state and local officials, said during a recent hearing in the Senate Judiciary Subcommittee on Administrative Oversight and the Courts, that further investigations and prosecutions stemming from ...
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Fannie Reasserts Its Requirements for MI Coverage, Extends Repurchase Request Deadline for Lenders

July 7, 2011
Fannie Mae late last week reiterated to lenders its policy on mortgage insurance coverage while it also tweaked its requirements for reporting notifications of MI rescissions, mortgage insurer-initiated cancellations and claim denials. The government-sponsored enterprise’s announcement, published June 30, reminds servicers of their “contractual obligations” to ensure that any MI coverage required by Fannie is maintained. “Mortgage insurance claims must be pursued in a way that will at all times protect Fannie Mae’s ...
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Study Says Loan Limits Should Be Reduced More Aggressively to Restore FHA to Traditional Role

July 7, 2011
The Obama administration needs to move more aggressively than planned if it wants to return the FHA mortgage insurance program to its traditional client base and market size, according to a new analysis by researchers at George Washington University. At a time when many industry and consumer groups are urging policymakers to maintain the status quo so as not to hurt a still fragile housing market, report authors Robert Van Order and Anthony Yezer say FHA loan limits should be ...
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SAFE Act Final Rule From HUD Answers Some Questions, But Leaves Loose Ends to the CFPB

July 7, 2011
The new final rule from the Department of Housing and Urban Development does not require individuals engaged in mortgage loan modifications or working as third-party mod specialists to be li-censed under the Secure and Fair Enforcement of Mortgage Licensing Act of 2008. But the bad news is that the HUD rule doesn’t exempt them either – it pushes the issue off to the Consumer Financial Protection Bureau. The rule sets a minimum standard for states to adhere to in order to comply with the SAFE Act in licensing mortgage loan originators who don’t ...
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