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Law Restores Previous VA Loan Limit Formula

August 17, 2012
The recent enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 includes a number of changes to the Department of Veterans Affairs’ Loan Guaranty program, including reverting to the VA’s previous method of calculating maximum guaranty. The restoration of the previous method used to derive VA loan limits has resulted in the increase of some loan limits, according to guidance issued by the agency last week. While VA does not have a maximum loan amount, “county limits” must be used to calculate the maximum VA guaranty for a particular county. The maximum VA loan limit for 2012 in high-cost areas is ...
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Analysts Spar Over Threat Defaults Pose for FHA

August 17, 2012
The rising delinquency rates for FHA-insured mortgage loans could spell trouble down the road for the FHA as it struggles to shore up its dwindling loss reserves, according to a new Fitch Ratings analysis. But the chief economist for the Mortgage Bankers Association has a slightly different take on that issue. Fitch analyst Brian Bertsch said a growing gap between seriously delinquent (90-day past due) guaranteed and non-guaranteed loans could presage future losses that could prompt the FHA to restrict loss claims and force banks to buy back defaulted loans. This could be the scenario ...
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Ocwen in Joint Venture to Securitize FHA Loans

August 17, 2012
Ocwen Financial Corp. and joint venture partner Altisource will soon be buying FHA-insured loans from lenders through a special vehicle, Correspondent One, for future securitization. In its second quarter filing with the Securities and Exchange Commission, Ocwen said it expects Correspondent One will be able to use its relationship with Lenders One to grow its volume substantially. “Correspondent One has seen significant, positive environmental changes in the correspondent lending market, [and] there has been a contraction in correspondent lending,” Ocwen said, alluding to ...
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FHFA Moves to Protect GSEs From Eminent Domain as MBS Portfolios Back GSE Earnings

August 10, 2012
The Federal Housing Finance Agency this week joined a growing chorus raising warnings about proposals to use the eminent domain powers of local government to seize performing underwater mortgages out of non-agency MBS pools. In an unusual move, the agency said it has “significant concerns about the use of eminent domain to revise existing financial contracts and the alteration” of Fannie Mae, Freddie Mac and Federal Home Loan Bank securities holdings. The FHFA formally invited public comment on the concept and warned that “action may be necessary on its part [as conservator and regulator of the government-sponsored enterprises] to avoid a risk to safe and sound operations and to avoid taxpayer expense.” The issue drew attention this week because both Fannie and Freddie managed...[Includes one data chart]
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Agency MBS Issuance Down in July Despite Huge Increase in Fannie Mae Production

August 10, 2012
Single-family MBS issuance in the agency market dropped 4.8 percent from June to July, according to a new Inside MBS & ABS market analysis and ranking. A total of $133.23 billion of agency single-family MBS were issued last month, a huge 82.9 percent increase of the amount produced in July of last year. That brought year-to-date issuance in 2012 to $893.92 billion, an increase of 40.5 percent from the same period last year. Fannie Mae was the only agency to see...[Includes one data chart]
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Royal Bank of Canada Set to Issue First SEC-Registered Covered Bond Deal

August 10, 2012
Royal Bank of Canada is preparing to issue the first covered bond registered with the Securities and Exchange Commission. The bond will be backed by a pool of Canadian mortgages and issued in U.S. dollars. RBC received a no-action letter from the SEC in May setting the stage for the covered bond issuance, which could come as soon as later this month. The bank has previously issued the equivalent of $9.49 billion (Canadian dollars) of covered bonds in a variety of currencies both outside and in the U.S. via private offerings under Regulation S and Rule 144A. The law firm of Morrison & Foerster advised...
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Revised Rating Criteria Would Lower Credit Enhancement for Some CMBS Deals, Says S&P

August 10, 2012
Standard & Poor’s proposed rating criteria for commercial MBS would not impact three-quarters of conduit deals but could result in upgrades for some securities and downgrades for others, according to the rating agency. Whether the proposed criteria enhancements would restore CMBS issuers’ confidence in S&P ratings is unclear, but observers say that the potential for higher ratings for some securities could pave the way for S&P to regain its exalted spot in the CMBS market. Last year, S&P shocked the market when it refused...
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BayernLB Sues Barclays Over $274M RMBS, Goldman Sachs Agrees to $26.2M Settlement

August 10, 2012
A German-based, state-owned lender has filed suit in a Manhattan court against Great Britain’s second-largest bank, alleging it sold over $274 million of non-agency MBS under false pretenses.Bayerische Landesbank contends in its lawsuit filed Aug. 3 in New York State Supreme Court that Barclays PLC issued offering materials that contained “material misrepresentations and omissions” regarding the underwriting standards used while issuing the residential MBS.Barclays’ offering materials also allegedly misrepresented...
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Banks Are Holding Their Own Against Insurers In Providing Credit Enhancement, Fed Finds

August 10, 2012
As the “shadow” banking sector has grown and evolved since the 1970s, questions have arisen as to the extent to which traditional banks may have been displaced by other financial institutions, insurance companies and entities as alternate sources of financing and the credit enhancement to securitization transactions. However, three economists at the New York Federal Reserve Bank recently found that, contrary to the notion that banks are being eclipsed by other institutions, banks have held their own against insurance companies involved in the enhancement business, despite their underdog status. “The first thing to note is that enhancements by insurance companies outnumber...
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For-Profit College Drop-Out Rates are Increasing, And That’s Bad for Student Loan Securitizations

August 10, 2012
A recent Congressional report confirms there’s been a jump in the drop-out rates for students at for-profit colleges, and that’s bad news for investors in the securitizations backed by loans to these students, according to market analysts. “A two-year investigation by the Senate Committee on Health, Education, Labor and Pensions demonstrated that federal taxpayers are investing billions of dollars a year – $32 billion in the most recent year – in companies that operate for-profit colleges,” said a report by the committee. “Yet, more than half of the students who enrolled in those colleges in 2008-09 left without a degree or diploma within a median of four months. That compares with 46 percent in a study by the Department of Education of a 2003-04 cohort, which itself reflected...
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