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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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GSE Risk-Sharing Deals Expected Soon

February 8, 2013
The government-sponsored enterprises will soon issue pilot non-agency risk-transfer transactions, according to officials at the Federal Housing Finance Agency, Fannie Mae and Freddie Mac. The GSEs missed a third quarter 2012 deadline set by the FHFA to issue risk-sharing transactions due to complications with the Commodity Futures Trading Commission. Patrick Lawler, chief economist at the FHFA, said a risk-sharing transaction will hopefully be issued in the “not too distant future.” Speaking at the ...
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PPIP Investing Complete, Strong Profits for Most

February 8, 2013
The investment period for the remaining funds participating in the Public-Private Investment Program ended during the fourth quarter of 2012, with four funds exiting the program during that time. The Treasury Department said it earned a profit from the PPIP, which focused on investment in non-agency mortgage-backed securities, and most of the individual funds also turned significant profits. “Our ability to aid in the stability of the MBS market and deliver solid investment ... [Includes one data chart]
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Obama Looks to Help Non-Agency Borrowers

February 8, 2013
Obama administration officials continue to claim that the administration is working toward a program to refinance or modify non-agency loans for borrowers with negative equity. Support in Congress for such a program is largely limited to Democrats, with the Obama administration suggesting that a non-legislative solution could be implemented. “We must expand streamline refinancing to families whose loans are not guaranteed by the government,” Michael Stegman, counselor to the Treasury ...
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News Briefs

February 8, 2013
Assured Guaranty won a lawsuit this week against Flagstar Bank regarding a breach of representations and warranties on more than $900 million in non-agency mortgage-backed securities issued by Flagstar. Industry analysts suggest the ruling is significant as it is one of the first in favor of bond insurance companies trying to enforce breaches of reps and warrants, and U.S. District Judge Jed Rakoff endorsed many of the tactics they have used to seek buybacks, including ... [Includes two briefs]
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No Common Ground for Resolving Insolvency

February 8, 2013
A deeply divided House Financial Services Committee took on FHA solvency this week as critics and defenders clashed over the agency’s practices, financial health and future role in the nation’s housing market. The distinctly partisan tone of the hearing quickly raised doubt as to whether the Republican majority and their Democratic opponents can come to some compromise to strengthen the FHA and reduce its risk to taxpayers. Committee Chairman Jeb Hensarling, R-TX, echoed complaints by Republican colleagues that the FHA is ...
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