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CFPB Appeals Ruling in PHH Case, with Implications for both the CFPB Director and Lenders/Mortgage Insurers

November 21, 2016
Thomas Ressler
The CFPB’s appeal asserts that the court’s ruling on the constitutionality of the agency’s structure ought to be reconsidered because it “sets up what may be the most important separation-of-powers case in a generation.”
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Ellie Mae Dominant Among Providers of Loan Origination Systems

November 21, 2016
Brandon Ivey
There were 159,523 active users of Ellie Mae's Encompass loan origination system in the third quarter, up 18.0 percent from a year ago.
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Community Groups Help Convince Fifth Third to Increase Commitment for CRA-Related Mortgage Originations

November 21, 2016
Brandon Ivey
Mortgage originations account for a large portion of the $2.50 billion increase to the $30.00 billion “community development plan.”
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Short Takes: AIG to Acquire Mortgages / Interest Rates Under Trump / Ginnie Servicing Fee 'Inadequate' / $100,000 in MBA Scholarships

November 21, 2016
Brandon Ivey
American International Group's plan to acquire residential mortgages is part of AIG’s effort to “rebalance” its exposure to mortgages after the sale of mortgage insurer United Guaranty to Arch Capital Group.
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Banks Upped Their Holdings of Residential MBS In 3Q16, Focusing on GSE Pass-Through Market

November 18, 2016
Commercial banks and savings institutions boosted their holdings of residential MBS substantially during the third quarter, a new analysis of call-report data by Inside MBS & ABS reveals. Banks and thrifts held a record $1.732 trillion of residential MBS in their available-for-sale and held-to-maturity accounts at the end of September, a 2.9 percent increase from June, not including $46.3 billion in trading accounts. The emphasis was heavily on agency pass-through securities, with holdings of Fannie Mae and Freddie Mac MBS surging 6.6 percent higher. Ginnie Mae saw...[Includes two data tables]
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Freddie’s New $459.9 Million Whole Loan Deal Faulted for Limited Third-Party Due Diligence

November 18, 2016
Freddie Mac is set to issue a $459.92 million Whole Loan Securities transaction, according to a presale report from Moody’s Investors Service. The firm didn’t rate the senior tranche of the deal but did place a Baa1 rating on a mezzanine tranche of Freddie Mac Whole Loan Securities 2016-SC02. The government-sponsored enterprise priced the latest WLS transaction this week, with the deal expected to close next week. “We are pleased with the pricing levels and depth of investor participation in the WLS program,” said Kevin Palmer, senior vice president of credit risk transfer at Freddie. “We look forward to continued issuance in 2017.” Freddie has issued...
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President Trump Likely to Push Fed to Normalize; MBS, ABS, Credit Risk Transfers Also Affected

November 18, 2016
Investors are trying to make sense of the new political/economic landscape following the election of Donald Trump to be the next president, and how best to navigate his uncertain, and at times contradictory, signals during his campaign. Much of the conversation over the last week has focused on the likely effect the new regime will have on the Federal Reserve and its chair, Janet Yellen. Trump, who has been a fierce critic of the U.S. central bank, has indicated he won’t outright replace Yellen, but neither will he nominate her for a second term. And of course, what happens with the Fed will spill over, one way or the other, into the financial markets. “The Fed will normalize...
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Panelists Highlight Concern with Growing Fannie Mae, Freddie Mac Credit-Risk Sharing Program

November 18, 2016
The government-sponsored enterprises’ credit-risk transfer programs have been wildly popular with investors and many policymakers, but other industry observers see problems. One of the most outspoken critics is Tim Howard, a former Fannie Mae CFO, who sees a big difference between today’s CRT programs and the GSEs’ traditional method of laying off credit risk before they were taken into government conservatorship. “When I was at Fannie, the companies purchased...
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Groups Seek Broader SCOTUS Interpretation of CTS v. Waldburger, NY Allows MBS Case v. JPM

November 18, 2016
Three financial-industry trade associations submitted a joint amici brief to the Supreme Court of the U.S. seeking an end to the confusion over whether extender statutes that refer only to the “statute of limitations” should apply to the “statute of repose” as well. The circuit courts are split on the issue, with four courts deviating from a 2014 SCOTUS ruling in CTS v. Waldburger, in which property owners tried to hold CTS Corp., operator of an electronic plant in North Carolina, liable for damages from toxic contaminants on the land. The property owners filed...
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Latest ‘Green Paper’ from SFIG Focuses on Transparency for Non-Agency MBS Reps and Warrants

November 18, 2016
Brandon Ivey
The Structured Finance Industry Group released the fourth edition “Green Paper” this week as part of an effort to revive issuance of non-agency mortgage-backed securities.
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