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Community Lenders Worry That Corker-Warner Bill May Extend Megabank Domination in MBS Market

October 11, 2013
If the mortgage reform legislation drafted by Sens. Bob Corker, R-TN, and Mark Warner, D-VA, becomes law, the mortgage market would be reconstituted in such a way that the nation’s largest banks could dominate the MBS market, according to the Community Mortgage Lenders of America. The CMLA, which represents small- to mid-sized residential lenders, isn’t entirely enthralled with Fannie Mae and Freddie Mac either, but according to a recent letter sent to the Senate Banking, Housing and Urban Affairs Committee, it fears that “too big to fail” banks could prove an even greater danger. The correspondence notes...
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Legal Expert: Supreme Court Appeal Rejection Subtle Hint to Big Banks to Settle FHFA MBS Suit

October 11, 2013
The nation’s top court this week may have sent a subtle hint to the more than dozen big bank defendants being sued by the Federal Housing Finance Agency when it flatly declined to receive their petition to dismiss their cases, notes a legal expert. The 13 financial institutions – including Bank of America, Deutsche Bank, Goldman Sachs and JPMorgan Chase – sought to argue before the Supreme Court of the United States that the FHFA waited too long when it filed suit against the banks in 2011 over non-agency MBS the government-sponsored enterprises purchased prior to the 2008 financial crisis. SCOTUS said...
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Ginnie Mae Denies Rumor of Shutting Down Single-Issuer MBS Program by End of the Year

October 11, 2013
Ginnie Mae this week acted quickly to dispel rumors of a plan to sunset the agency’s single-issuer MBS program, saying the report was nothing but unwarranted speculation. Agency officials assured participants during a Ginnie issuer and investor symposium in Austin, TX, earlier this month that the reports were untrue. The false buzz spooked the markets early this week, causing price spreads between Ginnie Mae I and II programs to narrow, officials acknowledged. In an Oct. 7 memo to program participants, Ginnie Mae clarified...
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Fannie Learns from Freddie on Risk Sharing, Investors Largely Happy with the Offerings

October 11, 2013
Officials at Fannie Mae said they learned from Freddie Mac when structuring their pending risk-sharing transaction, including getting the deal rated. Investors are generally impressed with the transactions and look forward to more. Fannie’s Connecticut Avenue Securities Series 2013-C01 is scheduled to close on Oct. 24, according to a presale report released late last week by Fitch Ratings. The higher of the two tranches offered for sale is set to receive a BBB- rating, the lowest investment grade rating available. Speaking at the ABS East conference produced by Information Management Network this week in Miami, Laurel Davis, a vice president at Fannie Mae, said...
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Non-Agency MBS Production Down Sharply In Third Quarter, Jumbo Outlook Uncertain

October 11, 2013
Seven different issuers generated a relatively strong $3.94 billion in jumbo non-agency MBS during the third quarter, but the sector’s resurgence in 2013 seemed to be losing steam and faces an uncertain future. Jumbo MBS issuance declined 9.1 percent from the second quarter and one transaction – Shellpoint’s second of the year – was pulled back as September came to a close. Redwood Trust managed $1.18 billion in new issuance, a 34.1 percent drop from the second quarter, while the two other jumbo veterans, Credit Suisse and JPMorgan Chase, saw reduced production as well. Industry participants are divided...[Includes three data charts]
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Fair Lending, Disparate Impact Cases Move To Front Burner at Justice, Supreme Court

October 10, 2013
The Department of Justice recently announced settlements from three fair lending actions, all of which included allegations related to wholesale mortgage lending operations. In the first case, Southport Bank of Kenosha, WI, agreed to pay $687,000 to African-American and Hispanic wholesale mortgage borrowers as part of a settlement to resolve allegations that it engaged in a pattern or practice of discrimination on the basis of race and national origin. The proceeds of the settlement will be used...
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MBA Scores Another Court Victory in Mortgage Loan Officer Overtime Case, New DOL Rulemaking Likely

October 10, 2013
The Mortgage Bankers Association last week won affirmation of its July victory over the Department of Labor in the trade group’s appeal of a government policy that declared mortgage loan officers did not qualify under the administrative exemption to overtime pay. On Oct. 2, the U.S. Court of Appeals for the District of Columbia refused to grant a full-court review of its decision exactly three months earlier that sided with the MBA on how the DOL imposed overtime compensation requirements under the Fair Labor Standards Act. The MBA filed...
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Fannie and Freddie Form Joint Venture, Make Slow Progress on Common Securitization Platform

October 10, 2013
Fannie Mae and Freddie Mac plan to test parts of a common securitization platform under development by year-end, according to an official at the Federal Housing Finance Agency. The FHFA separately announced this week what it deemed to be “significant steps” for the government-sponsored enterprises’ planned CSP. A year-and-a-half after the federal regulator announced the project, the platform remains a nebulous goal that GSE officials hope to make exceedingly encompassing and flexible. Speaking this week at the ABS East conference in Miami sponsored by Information Management Network, Wanda de Leo, deputy director of the FHFA’s office of strategic initiatives, said...
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Obama Administration Working Behind the Scenes on GSE Reform, Timeline Uncertain

October 10, 2013
The Obama administration is working to reform the government-sponsored enterprises but has said little publicly about its efforts for political reasons, according to a former advisor for the administration. As for when Congress might pass GSE reform, predictions range from as soon as next year to sometime after Obama’s presidency, if at all. Speaking at the ABS East conference sponsored by Information Management Network this week in Miami, Jim Parrott, owner of Falling Creek Advisors and a senior advisor at the National Economic Council until earlier this year, said the Obama administration has largely avoided publicly pushing GSE reform since releasing a white paper on the issue in 2011 due to concerns about reactions from Republicans in Congress. “The administration has been quite involved...
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Short Takes: Mortgage Profitability Will Take it on the Chin? / Auction.com Stays Busy / Multifamily Volumes Rock / Low Interest Rates Forever? / CFPB Will Take Your Questions Now

October 10, 2013
Paul Muolo and Thomas Ressler
It's not looking pretty for gain-on-sale margins this quarter. However, interest rates will remain low.
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