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Fed Auctioning Off $7 Billion from ML3 Portfolio; A Good Sign for the Non-Agency Sector, Taxpayers

June 15, 2012
The Federal Reserve is getting closer to recouping the last bit of its substantial investment in American International Group made during the financial market meltdown of 2008. This week, the Federal Reserve Bank of New York moved ahead with auctioning off seven related offerings of once-“toxic” securities in collateralized debt obligations with a combined $7.09 billion in face value held in its Maiden Lane III portfolio. There were two sales conducted on Wednesday, Altius 1, with a face amount of $1.073 billion, and Altius 2 ($853 million), an FRBNY official said, both of which ended up being sold to Merrill...
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State Court Opens Door for NY, DE AGs to Intervene in BofA’s $8.5 Billion MBS Settlement

June 15, 2012
The attorneys general of New York and Delaware are now free to argue on behalf of absent investors against a proposed $8.5 billion settlement involving Bank of America, securities trustee Bank of New York Mellon and a group of investors to resolve the claims of other non-participating investors in non-agency MBS issued by Countrywide. A New York state judge last week granted a motion by NY Attorney General Eric Schneiderman and DE Attorney General Beau Biden to intervene in the litigation. At issue in this complicated case is whether the trustee acted legally and appropriately in entering into the...
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Supply of Agency MBS Outstanding Continued Growing in Early 2012, Despite Freddie Slump

June 15, 2012
The outstanding volume of single-family agency MBS continued to grow during the first quarter of 2012, accounting for a slightly larger share of the overall mortgage market. Total agency MBS edged up 0.6 percent from the end of 2012 to reach $5.381 trillion – still slightly below the record of $5.430 trillion set at the end of 2009. The agency MBS market declined in early 2010 as Fannie Mae and Freddie Mac began buying distressed home loans out of MBS pools. While the agency MBS market was up in the first quarter, the amount of home mortgage debt outstanding continued to decline, dropping...(Includes one data chart)
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ResCap Mortgage Servicing Portfolio Attracts Offers From Berkshire Hathaway and Other Investors

June 15, 2012
Berkshire Hathaway and other new bidders are circling around the assets of Residential Capital, setting the stage for a showdown at the Southern District of New York Bankruptcy Court after the court approved the current way the mortgage unit is operating in bankruptcy. In a turn of events that has shaken the stability of ResCap’s initial bankruptcy plan that includes $8.7 billion to settle MBS investor lawsuits, Berkshire Hathaway objected to the current sale procedures in place, which have yet to be approved in court, in lieu of its own offer. The Nebraska-based conglomerate set the wheels in motion...
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Credit Rating Agencies Note Growing Investor Interest in REO-to-Rental Securitization Market

June 15, 2012
The booming market for rental housing and efforts to resolve the massive foreclosure inventories of Fannie Mae, Freddie Mac and the FHA has sparked investor interest in single-family rental securitization, according to credit rating agencies. Credit rating agencies have begun looking at real estate owned conversions to rental properties and the potential for securitizing cash flows from REO-to-rent securitizations. Based on initial assessments, the rating services see a promising, emerging asset class. REO-to-rent securitizations could take a number of forms, any of which can offer advantages to...
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Avalanche of MBS Litigation May Be Slowing Toward a Conclusion in 2012

June 15, 2012
A handful of critical lawsuits stemming from the mortgage market collapse may yield meaningful legal precedents for the securitization markets as 2012 unfolds, according to a legal observer. “We’re finally getting to the point where there can be meaningful precedent established,” said Isaac Gradman, a managing partner at IMG Enterprises. “For the last three or four years, there has been a wide gap in the claims banks have made and the claims monolines and investors have made as to the merits of these suits.” What comes from the courts will become the standards by which the new MBS market...
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NYC Bank Indicted For Fannie Loan Fraud

June 15, 2012
Manhattan District Attorney Cyrus Vance has charged Abacus Federal Savings Bank and a group of its former employees in a massive mortgage fraud scheme for allegedly originating and selling fraudulent mortgage loans to Fannie Mae over a five-year period. The Manhattan-based bank, which provides loans and other banking services in New York City’s Chinatown, as well as 19 former employees, were charged with residential mortgage fraud, securities fraud, grand larceny, conspiracy and falsifying business records. Eleven of the bank’s employees were indicted in state court two weeks ago, while eight waived indictment and admitted guilt, according to the DA’s 184-page indictment.
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Fannie Boosts Agency MBS Production In May; HARP Keeps Gaining Ground

June 8, 2012
Agency MBS issuance rebounded from a sluggish April to yield $125.4 billion in new production last month, according to a new Inside MBS & ABS ranking and analysis. May issuance was up 14.8 percent from the previous month as 2012 continued to run well ahead of the pace set last year. A total of $619.4 billion of agency single-family MBS were issued during the first five months of the year, an increase of 26.9 percent over the same period in 2011. Production last month was a solid rebound from April’s sluggish $109.2 billion in total agency MBS issuance, but it was well short of...(Includes two data charts)
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Non-Agency MBS Investors Call for Changes to $25B Foreclosure Settlement, Warn of Consequences

June 8, 2012
Non-agency mortgage-backed security investors are hoping to influence the implementation of the recent $25 billion foreclosure settlement and ward off similar agreements in the future. They raised concerns this week at a hearing before the House Financial Services Committee’s Subcommittee on Capital Markets and Government Sponsored Enterprises. “As it stands, it will damage residential MBS markets further,” said Vincent Fiorillo, a trading/portfolio manager at Doubleline Capital, on behalf of the Association of Mortgage Investors. “By adding yet another risk premium to government intervention, it will further...
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Treasury: FHFA and White House ‘Actively Engaged’ In Crafting GSE Risk Sharing, But Questions Remain

June 8, 2012
The Obama administration is on the same page as Fannie Mae and Freddie Mac’s regulator in its desire to shift some of the mortgage credit exposure the government-sponsored enterprises hold to private investors. But exactly how to develop some sort of GSE risk-sharing program continues to bedevil policymakers, a Treasury Department official noted last week. Michael Stegman, a special advisor to Treasury Secretary Timothy Geithner, explained in a speech to real estate professionals that the Treasury is “actively engaged in helping to make this [GSE risk sharing] initiative work” but the...
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