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SCOTUS Eyes Madden, Applicability of State Usury Laws for Loans in a Securitization at Stake

March 25, 2016
This week, the Supreme Court of the United States invited the U.S. Solicitor General to file a brief “expressing the views of the United States” in the Madden v. Midland Funding case, indicating the court is seriously considering taking the case. Assuming the Solicitor General obliges the high court, attorneys at the Pepper Hamilton law firm believe the brief likely will articulate the views of the primary banking agencies on whether SCOTUS should grant certiorari, along with their relative positions on the issues in the case. Madden involves...
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When in Doubt, Buy Agency MBS. Bond Prices Continue to Rise in Wake of Bombings in Europe; Liquidity Improves

March 25, 2016
The average daily trading volume in agency MBS climbed to $201.4 billion in February, the best reading in nine months and a sign that investors will still flock to government-backed products in times of uncertainty, especially extreme uncertainty. Late this week, market watchers expressed their concerns about the terrorist bombings in Belgium as well as continued worries about China’s slowing economy and sagging oil prices. In short order, they piled into MBS issued by Fannie Mae, Freddie Mac and Ginnie Mae. Barry Habib, who runs MBS Highway, a rate-lock service, told...
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Securitization Rate Nudged Higher in 2015, Still Well Below Post-Crisis Norm

March 25, 2016
Mortgage securitization made a small comeback in 2015, but softness in the non-agency MBS sector and higher guaranty fees required by Fannie Mae and Freddie Mac still played a huge influence in the market, according to a new Inside MBS & ABS analysis. An estimated $1.210 trillion of newly-originated home loans were pooled in mortgage securities last year, representing 69.7 percent of the $1.735 trillion in new first-lien originations. That was up slightly from the 67.8 percent back in 2014, which ranked as the lowest securitization rate since 2004, when just 62.6 percent of new originations were securitized. One issue is...[Includes one data table]
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Watt Says New GSE High-LTV Refinance Program Will Not Be an Option for Existing HARP Borrowers

March 25, 2016
The new refinance program being developed for Fannie Mae and Freddie Mac borrowers with high loan-to-value ratios will not be available for homeowners who have already used the Home Affordable Refinance Program, according to the regulator of the two government-sponsored enterprises. The Federal Housing Finance Agency this year directed Fannie and Freddie to develop a replacement program for HARP, which will sunset at the end of 2016. MBS investors have been concerned...[Includes one data table]
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Was W.J. Bradley’s Closure All Related to TRID Errors or Something Else? Are More WJBs Ahead?

March 24, 2016
Errors in TRID disclosures on jumbo mortgages played a key role in the recent closure of W.J. Bradley Mortgage, but the privately held nonbank may have had other problems as well, according to industry officials who claim to have intimate knowledge of the company’s operations. A thin capital base is one of those problems. An investor in the company and an investment banking official each told...
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TRID’s Impact on Fannie and Freddie is Little or None; Customer Responsible for Any Violations

March 24, 2016
The impact of the TRID integrated-disclosure rule that took effect on Oct. 3 seems to have had little impact on Fannie Mae and Freddie Mac. For now, the government-sponsored enterprises are focused on whether sellers are using the correct forms, not whether there are mistakes. The GSEs have amended their contractual obligations with their customers to let them know that the customer is responsible for any potential or actual loss as a result of TRID violations. “So they’re basically turning what was a repurchase obligation into an indemnification obligation,” said...
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NAR Seeks Support for Bill That Would Protect G-Fees

March 24, 2016
Carisa Chappell
“Mortgage g-fees should only be used as a buffer against mortgage defaults, not as a piggy-bank for increased government spending,” said NAR chief Salomone.
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MBS Liquidity Improves, but for How Long?

March 24, 2016
Paul Muolo
If stocks tank, look for yet another bond market rally.
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Short Takes: Freddie Continues to Unload NPLs / Lone Star Wins Again, Rushmore Too / SWBC in a Hiring Mode / The Search for a Home Starts Online

March 24, 2016
Paul Muolo and Carisa Chappell
SWBC is looking to hire 40-plus technology workers.
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In New Era of LO Comp, Nonbanks Have the Edge. Can Banks Even Compete?

March 24, 2016
Thomas Ressler
Employment and pay prospects are looking up for loan brokers as well.
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