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WaMu Settles Class Action Based on Investor Claims About Poor Mortgage Underwriting at Defunct Thrift

July 8, 2011
Washington Mutual and its former officers, directors, underwriters and auditor late last week agreed to a $208.5 million settlement on one of the largest class-action lawsuits stemming from the financial crisis, according to court documents. In exchange, the plaintiffs would dismiss all claims against the defendants. The lead plaintiff and lead counsel said that this proposed settlement represents “an excellent result and are in the best interests of the class,” according to court documents. The case was consolidated from about 20 plaintiffs who claimed the bank quietly reduced lending standards to inflate home-price appraisals and was not open with customers when loans began to fail
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Ally’s SEC Filing Reveals $100 Million 2Q11 Charge for Losses Incurred by MBS Trusts

July 8, 2011
Ally Financial, Inc., a major mortgage and automotive lender, said it expects to take a second-quarter charge of approximately $100 million for mortgage losses incurred by certain securitization trusts even as it disclosed new investigations by the Securities and Exchange Commission and the Department of Justice. Ally made the disclosures in an amended prospectus filed with the SEC recently proposing the sale of $100 million shares of the company’s common stock. According to the disclosure, $152 million was paid to the trusts during the second quarter to cover ...
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Fitch: Reps and Warranties, Due Diligence and Originator Reviews Will be More Meticulous

July 8, 2011
Fitch Ratings has updated its criteria for non-agency MBS, making changes to its standards for representations and warranties, due diligence and originator reviews to better determine credit risk for new issues. Three separate reports released last week revise existing criteria the rating agency created in 2008. “Originator reviews, loan-level due diligence results, and the quality of representations and war-ranties to a transaction are key elements of ...
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Servicing Standards Top CFPB To-Do List, But Attorneys General Should Focus on Enforcement, Alabama AG Says

July 8, 2011
The Consumer Financial Protection Bureau is ready to take mortgage servicing by the lapels when it formally opens on July 21, according to an official testifying at a House Financial Services Committee hearing this week – calling the initiative a “priority” for the new agency that faces a heavy load of new duties and authorities. One of the flaws in the regulatory structure is the lack of federal servicing standards, said Raj Date, associate director of depositor and consumer protection at the new agency. Servicing has been a key issue in some MBS investor lawsuits, and many have ...
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Views Mixed on Bank of America’s Countrywide MBS Settlement; Some Investors Raise Doubts

July 8, 2011
Although 22 large investors and Bank of America think they reached a reasonable deal to resolve massive buyback claims on some $221 billion of outstanding Countrywide non-agency MBS, some outside analysts and other investors aren’t so sure. The pending agreement, which has to be approved by the court, requires Bank of America to pay $8.5 billion that would be distributed according to the deals that suffered the biggest losses. In return, the bank would get significant ...
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MBS Issuance Tumbled in 2nd Quarter as Non- Mortgage Securitization Keeps Gaining Steam

July 8, 2011
Residential mortgage securitization activity fell sharply during the second quarter of 2011, reaching its lowest level since the low point in the financial market meltdown of 2008. A new analysis by Inside MBS & ABS reveals that only $245.9 billion of single-family MBS were issued during the second quarter of this year, a sharp 31.0 percent downturn from the first three months of 2011. Second quarter MBS issuance wasn’t much stronger than the $222.3 billion of MBS issued back in the fourth quarter of 2008, and to find a lower quarterly issuance volume you have to go ... [includes one data chart]
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GSE Securitization Business Drops Sharply In Second Quarter as Refi Market Shrinks

July 7, 2011
Fannie Mae and Freddie Mac recorded significant declines in the volume of single-family mortgages they securitized during the second quarter of 2011, according to a new analysis and ranking based on the Inside Mortgage Finance GSE MarketScope. The two government-sponsored enterprises generated a combined $155.0 billion in single-family mortgage-backed securities during the second quarter, down a hefty 40.6 percent from the first three months of the year. It was the slowest quarter in Fannie/Freddie MBS output since the final three months of 2008, the low ... [includes 3 data charts]
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Ginnie Mae Announces Changes to Pool Data Reporting

July 1, 2011
Ginnie Mae has agreed to issuer requests for changes regarding the collection and reporting of new pool data to provide clearer and more transparent information to investors. The changes were announced during a webinar with program participants in connection with eight new data elements on all single-family forward mortgages, which issuers are required to provide on all submissions beginning Sept. 1. Ginnie Mae announced the new requirements in APM 11-05, along with a new file layout that would accommodate the new data elements. The new data fields will show the following: combined loan-to-value ratio percent; total debt expense ratio...
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FHA Modifies Guidelines on Condo Approval

July 1, 2011
The FHA has clarified its approval and recertification process and policies for condominium projects in newly revised guidelines. Guidance in Mortgagee Letter 2011-22 formalizes and expands policies Ginnie Mae put in place in 2009 and lays the groundwork for a formal rulemaking later this year. The mortgagee letter includes a condominium policy guide and implementation schedule laying out timelines for compliance. The revised guidelines “preserve FHA’s role in the condo market during these difficult times while making certain we manage risks in a responsible way,’ said FHA Acting Commissioner Robert Ryan. Overall, the mortgagee letter and guide spell out...
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Senators, HUD Discuss FHA Per-Diem Interest Policy

July 1, 2011
Two U.S. senators and their staffs are working with the Department of Housing and Urban Development to ensure that FHA policies regarding interest charges protect borrowers. Sens. Ben Cardin, D-MD, and Johnny Isakson, R-GA, and HUD are trying to resolve an existing FHA policy that allows lenders to charge interest on a mortgage loan through the end of the month, even if the borrower pays the loan off earlier in the month. The policy apparently aligns with Ginnie Mae’s guarantee to securities holders of a full month’s interest on a securitized FHA loan even if that loan is paid in full at the beginning of the month. Only the FHA has this sort of...
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