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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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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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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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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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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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Bayview to Package Nearly 5,000 Vintage ‘Daily Simple Interest’ Mortgages into New Non-Agency MBS

November 17, 2016
Brandon Ivey
An affiliate of Bayview Asset Management is preparing to issue a unique non-agency mortgage-backed security, according to a presale report by DBRS. The firm plans to package close to 5,000 “daily simple interest” mortgages originated about 10 years ago into a $241.2 million issuance.
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Government-Insured Lending Soared in 3Q16 While Jumbo Market Eased Up

November 17, 2016
John Bancroft
Most of the life in third-quarter mortgage originations came from the tail end of the refinance boom.
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Rep. Jeb Hensarling Emphasizes Plan to Reform Housing

November 17, 2016
Carisa Chappell
Rep. Jeb Hensarling, R-TX, and chairman of the House Financial Services Committee, touted the benefits of the republican’s PATH Act to create a sustainable housing finance system.
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Current Appraisal Regulations Outdated, Industry Needs Standardization, Modernization

November 17, 2016
Returning appraisal regulations back to the individual states would be counterproductive, according to James Park, executive director of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. Park and other experts spoke about the need for standardization and modernization at a hearing in the House Financial Services Committee this week. “Replacing the federal system with a state-based system would confuse, not streamline,” he said, noting that the “cornucopia” of statutes and guidelines are confusing and burdensome for everyone. Bill Garber, director of government and external relations at the Appraisal Institute, agreed...
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Experts Predict What Financial Regulations Under a Trump Regime Will Look Like

November 17, 2016
Inside-the-Beltway analysts are predicting that financial regulation and new agency leadership posts will be a primary battleground in the incoming Trump administration. The Bipartisan Policy Center said nominating and confirming people to fill seats on financial regulatory agencies, and at the Treasury, will likely be the most important moves made by the new president and Congress. President-elect Trump wants...
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