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Weaker Investor Protections Detected in Newer Nonprime RMBS Transactions vs. Prime Deals

June 23, 2017
Investors in nonprime MBS may be more vulnerable to fraudulent or defective mortgages compared to prime transactions because of deficiencies or inadequacies in the related representation-and-warranties frameworks, according to a new report from analysts at Moody’s Investors Service. “The collateral backing these transactions is riskier than the loans in post-crisis prime jumbo RMBS, which also generally use stronger frameworks,” the report said. For starters, “Transactions in the re-emerging non-prime RMBS sector are...
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Warner Expects GSE Reform Before Overhaul Of Dodd-Frank Act, Discusses Lessons Learned

June 23, 2017
Sen. Mark Warner, D-VA, suggested the widespread view that Congress won’t get around to resolving the conservatorships of Fannie Mae and Freddie Mac may be too pessimistic. Speaking at a Mortgage Bankers Association conference in Washington, DC, this week, Warner said, “This may surprise some folks, but I think the stars may align where you could actually see housing-finance reform happen in front of some of the Dodd-Frank reform.” Warner, who co-authored a reform bill four years ago, said...
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Fintech Darling SoFi Files for a Bank Charter, Deposit Insurance and Has an IPO on the Drawing Board

June 23, 2017
Marketplace lender Social Finance – a mortgage originator with a track record in securitizing consumer and student loans – has filed for a state bank charter in Utah and is also pondering selling stock to the public. For now, the privately held technology-centric firm isn’t saying much about its plans, including the initial public offering. One source familiar with the company’s mortgage operation said SoFi recently hired one executive away from a larger player by dangling the IPO and stock options. To date, there has been...
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Jury Finds One of Three Ex-Nomura Traders Guilty of Conspiracy, Acquits Another Trader in MBS Fraud

June 23, 2017
A Connecticut jury has found a former securities trader guilty and acquitted a second trader in an MBS fraud case brought by the Securities and Exchange Commission two years ago. A conspiracy charge against a third Nomura trader was unresolved. Although multiple charges were brought against the former traders – Michael Gramins, Ross Shapiro and Tyler Peters – only Gramins was found guilty of conspiracy, according to an analysis by Shepherd Smith Edwards & Kantas of Houston. All three defendants were...
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Trump Admin Seeks to Boost Non-Agency Lending

June 23, 2017
The Treasury Department last week released a report that called for regulatory reforms aimed to help boost non-agency originations and market share. Many of the reforms relating to the non-agency market could be completed without action from Congress. However, most of them are overseen by the Consumer Financial Protection Bureau, and Treasury’s recommendations appear unlikely to be enacted as long as Richard Cordray is director of the CFPB. Treasury sought input ...
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Fee Structure Key to Adoption of Deal Agent

June 23, 2017
One of the most significant variables industry participants are working to address in terms of introducing a deal agent into non-agency mortgage-backed securities is the fee structure. Issuers are trying to balance paying for the services provided by a deal agent without diverting too much cash flow from investors in non-agency MBS. The fee structure will also play a key role in how rating services treat MBS that have a deal agent, with issuers looking for favorable treatment ...
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News Briefs

June 23, 2017
Representations and warranties on new nonprime mortgage-backed securities often include weaknesses that limit their ability to protect investors against fraudulent or defective loans, according to an analysis by Moody’s Investors Service. However, the rating service said current practices and dynamics in the nonprime MBS market help to mitigate the risks from weak reps and warranties. Moody’s hasn’t placed ratings on nonprime MBS backed by ... [Includes four briefs]
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What We’re Hearing: New Rez CEO Not Worried About Ocwen / $425 Million / The CFPB has Been Defanged? / Falling in Love with Nonprime / The GSE Hearings Commence / Sen. Mark Warner’s Constituents (Freddie Employees)

June 23, 2017
Paul Muolo
We can only assume Sen. Warner knows Freddie Mac is headquartered in his state, which means the company’s employees are his constituents.
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Angel Oak Affiliate Prepares its Second Nonprime MBS of the Year

June 22, 2017
Brandon Ivey
The Atlanta-based Angel Oak hopes to double its sales force this year.
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New House Legislation Would Allow REITs With Captive Insurers to Stay in the FHLBank System

June 22, 2017
Reps. Randy Hultgren, R-IL, and Gwen Moore, D-WI, want to restore Federal Home Loan Bank membership for captive insurance lenders that joined the system prior to the Federal Housing Finance Agency’s rulemaking that restricted membership of firms that would otherwise be ineligible. H.R. 289, the Housing Opportunity Mortgage Expansion (HOME) Act, would allow FHLBank members that were booted from the system to rejoin it, as well as the retention of those whose departure is pending, if they can demonstrate a commitment to residential mortgage activities. Most of the affected companies are real estate investment trusts. The sponsors explained...
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