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ResCap Trust Sues More Lenders in Recovery Bid; Former S&P Executive Sued for Ratings Manipulation

December 9, 2016
ResCap Liquidating Trust last week filed two new lawsuits against lenders as it continued its efforts to recover losses due to bad loans purchased from correspondents that later forced the company into Chapter 11 bankruptcy. No other details were provided by defendant attorneys with American Mortgage Law Group, which warned that the Dec. 2 filings in Minnesota federal district court may trigger a second wave of litigation by the trust. AMLG said it has been helping a number of lenders with pre-litigation demands from the trust and has seen increased activity on that front. On Nov. 16, a federal judge dismissed...
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Commercial Mortgage Lending Could Top $515 Billion This Year, but CMBS Issuance Lags as Lenders Keep Whole Loans

December 9, 2016
Origination of commercial mortgages could reach $515 billion this year, a slight improvement over 2015, but more lenders – life insurance companies and banks, in particular – are keeping the loans on their books, which doesn’t bode well for CMBS issuance. It’s the same conundrum facing the jumbo residential market: plenty of lending, but not so much in the way of securitization. As Inside MBS & ABS reported recently, issuance of CMBS increased...
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SFIG Unveils Sample Deal-Agent Agreement and Bondholder Communications Plan in 5th Edition of RMBS 3.0 Green Paper

December 9, 2016
The Structured Finance Industry Group this week put more flesh on the bones of its proposed deal-agent role in future non-agency MBS and introduced a plan for improved communications among MBS investors. The fifth edition of SFIG’s RMBS 3.0 Green Paper adds recommendations on data standardization, enforcement mechanisms for breaches of deal terms and materiality standards. The new proposal on bondholder communications was drafted...
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Cato Institute’s Mark Calabria Up for the FHA Job?

December 9, 2016
Brandon Ivey
If Cato's Mark Calabria becomes FHA chief, private MI firms could benefit…
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GSE Risk-Sharing Deals Seen as Less Attractive To Investors Under Trump Administration

December 9, 2016
Risk-sharing transactions from Fannie Mae and Freddie Mac have delivered strong returns for investors in the past year, but that could change under the monetary policies of the Trump administration, according to analysts at Bank of America Merrill Lynch. The analysts recently dialed down their recommendation on the risk-sharing transactions issued by the two government-sponsored enterprises to “underweight.” “Trump’s victory paves...
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Solid Growth in Outstanding 1-Family MBS During 3Q16; Strong Demand from Investors

December 9, 2016
John Bancroft
The Federal Reserve continues to be the largest investor in the MBS market, though it has long since stopped growing its portfolio…
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Solid Growth in Outstanding 1-Family MBS During 3Q16 Aided by Strong Overseas, Fund Investors

December 9, 2016
The supply of outstanding single-family MBS grew by 1.0 percent during the third quarter of 2016, with strong demand from several key investor groups soaking up new issuance, according to a new analysis by Inside MBS & ABS. The agency MBS market grew by 1.4 percent from the end of June, reaching $5.948 trillion. Ginnie Mae continued to be the fastest-growing program, with total MBS outstanding climbing 2.2 percent during the third quarter to $1.631 trillion. Fannie Mae saw...[Includes two data tables]
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Detractors Question Carson’s Qualification as HUD Secretary, But Industry Thinks Effectiveness Depends on Key Appointees

December 8, 2016
President-elect Donald Trump this week officially nominated former Republican primary rival Dr. Ben Carson to head the Department of Housing and Urban Development – a move that elicited mixed responses from industry and government quarters. Carson, a pediatric neurosurgeon, eclipsed possible contenders for the HUD job, including Scott Brown, former U.S. senator from Massachusetts; Ed DeMarco, former acting director of the Federal Housing Finance Agency; Rick Lazio, former Republican congressman from New York; Blaine Leutkemeyer, another Republican lawmaker from Missouri; Brian Montgomery, former FHA commissioner and HUD assistant secretary; and Pamela Patenaude, president of the Terwilliger Foundation for Housing America’s Families. Carson’s nomination is...
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When the Going Gets Tough, Some Lenders Start Cutting Fees – like the ‘Escrow Waiver’ Charge

December 8, 2016
Two weeks back, United Wholesale Mortgage removed a 25 basis point charge it levied on conventional conforming loans when the borrower opts to manage his or her own real estate taxes and homeowners insurance. (Those payment chores are usually handled by the servicer.) Since making the change, escrow waivers have jumped 12 percent at the nation’s largest wholesaler/broker lender. Company CEO Mat Ishbia declared that other lenders should follow suit if they haven’t already. “I think that overall this is good for the industry as a whole,” he said in an interview. For now, the reaction to UWM’s fee waiver has been...
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Jury Finds Allied Home Mortgage and CEO Liable for FCA, FIRREA Violations, Awards $93 Million in Damages

December 8, 2016
A Texas jury awarded the federal government $93 million in damages after finding entities under the Allied Home Mortgage brand liable for running an illegal net branching scheme and falsely certifying thousands of FHA loans, eventually causing huge losses for the FHA. The case was the first False Claims Act award related to FHA activity made by a jury. Although nearly all lenders have ended up settling FCA cases, Quicken Loans is still actively fighting FCA charges in a jury proceeding. The Department of Housing and Urban Development claims...
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