The House Financial Services Committee this week passed legislation repealing a provision in the Dodd-Frank Wall Street Reform and Consumer Protection Act that increased the liability of credit rating agencies for ratings they provide on asset-backed securities offerings. H.R. 1539, the “Asset-Backed Market Stabilization Act of 2011,” would restore Rule 436(g) is-sued by the Securities and Exchange Commission, which exempted nationally recognized statistical rating organizations, or NRSROs, from expert liability when they provide ratings for ...

A year old this week, the Dodd-Frank Act remains as controversial as the day it was signed into law as critics continue trying to water down its impact by cutting funding for its implementation. Before the financial crisis, regulators weren’t properly funded to do their jobs, said Ben Bernanke, chairman of the Federal Reserve, during a hearing this week in the Senate Banking, Housing and Urban Affairs Committee. While the Dodd-Frank Act “does cover a lot” of the gaps, “quality is more important than quantity,” he said. But if money continues to be cut, it will be severely ...

Federal regulators are aiming for a delicate balance in new securitization rules that will nudge the mortgage industry toward new non-agency MBS issuance, including making sure there is enough collateral to provide a sustainable volume of new deals. The Government Accountability Office this week released a new report on the impact of the Dodd-Frank Act on the residential mortgage market, confirming the analysis by federal regulators that the proposed risk-retention rule would leave a significant share of the mortgage market outside the qualified residential mortgage definition. The GAO said that about 80 percent of ... [includes two data charts]

Equipment and automotive ABS issuance may flirt with new record highs this year or next as the 2008 market collapse fallout dissipates and the benefits of solid underwriting continue to accrue, some leading industry executives said this week. Equipment ABS has rebounded substantially, according to Julie Schlueter, who is responsible for issuance of structured products and unsecured bonds at Case New Holland Global, a major manufac-turer of agricultural and construction equipment, and its captive finance subsidiary, CNH Capital. In 2007, new issuance in the sector exceeded ...

Overlooking investor overlays in mortgage loan underwriting can be quite costly and could expose lenders to regulatory risk and liability. iServe Residential Lending, a retail mortgage banker in San Diego, believes it has found the ultimate solution to its underwriting problems, especially with regards to investor overlays, including FHA, VA, Fannie Mae, Freddie Mac and Ginnie Mae. iServe, which originates conventional, government and jumbo loans, recently implemented PriceMyLoan, an automated underwriting and loan pricing tool from Insight Lending Solutions, the same folks who created TOTAL Scorecard for FHA. “PriceMyLoan is the only system that...

Ginnie Mae issuance fell both on a quarterly and year-to-year basis as new data reflect the continuing slowdown in FHA loan production, according to the Inside Mortgage Finance MBS Database. Ginnie Mae issuers combined for $149.8 billion in MBS issuance at midpoint of 2011, down 16.4 percent from the same period last year, and down 10.5 percent on a quarterly basis as MBS production dropped to $70.7 billion in the second quarter from $79.1 billion in the previous quarter. The top issuers accounted for 94.3 percent of Ginnie Mae’s total MBS output for the first six months. Of that share, 77.4 percent belonged to...

Ginnie Mae has revised guidance for determining whether a loan is eligible for its mortgage-backed securities program. According to APM 11-12, effective for all securities with an issue date of June 1, and forward, all loans pooled in Ginnie Mae single-family securities must meet certain criteria. Only loans backing bond consolidation pools are exempt from the revised guidance. Beginning June 1, all loans underlying Ginnie Mae issuances must not be more than one month overdue and unpaid on the pooled mortgages. For example, if a Ginnie Mae MBS issued on Jan. 1 had a pooling date of Dec. 28, the loan must be paid through November in order to be...

President Obama has named Carol Galante as acting FHA commissioner and assistant secretary for housing at the Department of Housing and Urban Development. Galante was most recently HUD deputy assistant secretary for multifamily housing. She will replace Robert Ryan, who most recently also served as Acting FHA Commissioner and Assistant Housing Secretary. Ryan will become senior advisor to HUD Secretary Shaun Donovan on housing finance matters. In his new expanded role, Ryan will serve as HUD’s leaderon the interagency housing deputies’ team. He will develop, among other things, the department’s view regarding a long-term plan for...

Bucking a trend among non-agency players, Walter Investment Management last week ceased operating as a real estate investment trust. While a number of non-agency REITs have formed recently, with more likely going forward, most are focused on investments in non-agency mortgage-backed securities. Walter, meanwhile, emphasizes non-prime third-party servicing. The company dropped its REIT status after its acquisition last week of Green Tree Credit Solutions. Walter officials said the company’s REIT status had put the company at ...

While industry participants continue to debate the merits of high downpayment standards for qualified residential mortgages, the risk-retention treatment of seasoned securities and loans is also a major concern. In comment letters submitted to federal regulators, the American Securitization Forum and the Securities Industry and Financial Markets Association each called for time limits on the proposed risk retention required for non-QRMs. Under the current risk-retention proposal, SIFMA said financial institutions would be compelled to ...