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Regulators Weigh Changes to Risk-Retention Proposal Related to QRM, Premium Capture

February 8, 2013
Federal regulators suggest that a number of changes are under consideration for risk-retention requirements initially proposed in 2011. Two changes under consideration include a revision of the qualified residential mortgage definition and a possible alternative to the controversial proposed premium capture cash reserve account. Katherine Hsu, chief of the office of structured finance in the division of corporation finance at the Securities and Exchange Commission, said federal regulators are considering changing the proposed definition for QRMs due to the recent ability-to-repay rule from the Consumer Financial Protection Bureau that set requirements for “qualified mortgages.” The QRM standards cannot be any more broad than the QM standards. Speaking at the American Securitization Forum’s ASF 2013 conference last week in Las Vegas, Hsu also stressed...
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New GSE Reps and Warranties Policy May Have Caused January Surge in Agency MBS Issuance

February 8, 2013
New issuance of agency single-family MBS jumped 25 percent from December to January, according to a new Inside MBS & ABS ranking and analysis. The most likely explanation for the sudden jump in agency MBS issuance may be that new, more seller-friendly repurchase policies at Fannie Mae and Freddie Mac went into effect for loans sold after Jan. 1, 2013. The revamped policies generally provide that the government-sponsored enterprises will not seek repurchase or indemnification for loans that perform for the first three years after origination. In the case of Home Affordable Refinance Program loans, repurchases will be waived...[Includes one data chart]
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Justice Dept. Files Suit Against S&P For Ratings Fraud; Judge Orders Flagstar to Pay $90M to Assured Guaranty

February 8, 2013
The Department of Justice filed a civil action in Los Angeles this week against Standard & Poor’s Rating Services and its parent the McGraw-Hill companies for $5 billion, accusing S&P of defrauding investors by falsely representing that its ratings on certain collateralized debt obligations were “objective, independent and unencumbered by any conflicts of interest.” The Justice Department’s complaint alleges that S&P “knowingly and with the intent to defraud, devised, participated in, and executed a scheme to defraud investors” in its ratings of “trillions of dollars” of residential MBS and CDOs between 2004 and 2007. DOJ contends...
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Stonegate Launches Jumbo Conduit, No Word Yet on Shellpoint Partners’ MBS Activity

February 8, 2013
Stonegate Mortgage Corp. this month launched a new jumbo conduit, hiring Eric Schlotz, a 15-year veteran from GMAC-RFC in Minneapolis, to manage the operation. As for when the conduit might actually securitize loans, that’s a different matter. Schlotz told Inside MBS & ABS that securitization is not on the immediate drawing board, but will be an option for the future. “We anticipate whole loan sales and private deals,” Schlotz said. Asked whether he feels...
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Fed Study Finds TBA Market Provides Greater Liquidity Benefits to Agency MBS Market

February 8, 2013
The presence of the “to-be-announced” market provides greater liquidity to the agency MBS sector, according to a recent study by the Federal Reserve Bank of New York. The study, “TBA Trading and Liquidity in the Agency MBS Market,” presents evidence on the liquidity of the TBA market during the financial crisis period. Its analysis also yields preliminary evidence that the liquidity of the TBA market raises MBS prices and lowers mortgage interest rates. Authors James Vickery and Joshua Wright said...
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Controversial Eminent Domain Proposal Down But Not Out as Other Jurisdictions Keep Options Open

February 8, 2013
The securitization industry has successfully shot down high-profile attempts in San Bernardino County, CA, and in Chicago to use eminent domain to seize underwater, performing mortgages, write them down to fair market value and repackage them for sale to other investors. However, they’re not letting their guard down, as similar efforts continue in a number of other local jurisdictions throughout the country – most notably Brockton, MA, and Salinas, CA. In Brockton, the City Council recently voted 9-2 in favor of setting up a working group to further explore the concept. It also voted to invite a handful of local community activists and city officials, as well as a representative from Mortgage Resolution Partners – the architect of the proposal – to appear before the finance committee. The issue on their agenda is...
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Non-Agency MBS Issuance Constrained By Bank Portfolio Economics, GSEs

February 8, 2013
The ranks of non-agency mortgage-backed security issuers are set to expand beyond Redwood Trust and Credit Suisse, but industry analysts note that issuance remains constrained due to bank portfolio execution and the government-sponsored enterprises. At the American Securitization Forum’s ASF 2013 conference last week in Las Vegas, Laurie Goodman, a senior managing director at Amherst Securities Group, predicted $25 billion to $30 billion in new non-agency MBS will be issued this year, the most ...
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REITs Working to Issue New Non-Agency MBS

February 8, 2013
Two real estate investment trusts are working toward joining Redwood Trust in issuing new non-agency jumbo mortgage-backed securities. Two Harbors Investment and PennyMac Mortgage Investment Trust are acquiring jumbos with plans to securitize the loans and potentially hold the subordinate tranche, a model similar to Redwood’s efforts. Two Harbors first announced its intentions to issue new non-agency MBS in 2011, with a goal for issuance at the end of that year. Thomas Siering, president and CEO ...
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Non-Agency MBS Standards Expected to Loosen

February 8, 2013
Issuers, investors and even regulators agree that underwriting standards for non-agency mortgage-backed securities will have to loosen for the sector to grow. “We have to start moving down the credit spectrum,” said Sharif Mahdavian, a director and analytical manager of residential MBS at Standard & Poor’s. Speaking at the American Securitization Forum’s ASF 2013 conference last week in Las Vegas, he said non-agency originations could easily move from “shocking prime” to ...
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GSE Reform Linked with Non-Agency Activity

February 8, 2013
Reform of the government-sponsored enterprises still appears to be years away and might not be a priority until non-agency mortgage originations increase significantly, according to industry analysts. Non-agency market participants counter that Fannie Mae and Freddie Mac are hindering non-agency originations. “The better the GSEs do, the less impetus there is for Congress to do anything,” Amy Overton, a vice president of federal government affairs at Citi, said last week at the American Securitization Forum’s ...
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