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Appeals Court Bars GSE Shareholders from Making Illegal Treasury Sweep Claims, but ‘Breach of Contract’ Possible

February 24, 2017
In a long-awaited decision, the United States Court of Appeals for the District of Columbia Circuit ruled this week against Fannie Mae and Freddie Mac shareholders who have been contesting the Treasury Department’s net worth sweep of the government-sponsored enterprises’ earnings. On Feb. 21, Judge Royce Lamberth ruled shareholders in Perry Capital LLC vs. Treasury, et al, are barred by the 2008 Housing and Economic Recovery Act from making their claims. Perry sued...
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TGI Friday’s Brings First Whole-Business Securitization of 2017 With $450 Million Deal

February 24, 2017
Securities investors will soon be able to have a taste of the revenues generated by Long Island iced teas and Jack Daniel’s glazed chicken strips as TGI Friday’s is set to issue a $450.0 million whole-business securitization. The planned TGIF Funding LLC Series 2017-1 received ratings from Kroll Bond Rating Agency and S&P Global Ratings this month. KBRA assigned BBB ratings to both tranches of the security while S&P assigned BBB- ratings. The deal follows...
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Lenders Record Partial Win over RFC; NY Court Rules on Statute of Limitations; SIFMA Files Brief

February 24, 2017
A Minnesota state court has rendered a judgment that could substantially limit the amount of damages Residential Funding Co. and its successor-in-interest, the ResCap Liquidating Trust, could recover if it were ever to prevail on its claims in any given lawsuit against correspondent lenders, according to industry attorneys. On Feb. 1, the District Court of Hennepin County held that RFC and ResCap would not be able to pursue loan-by-loan damages associated with a repurchase claim and, thus, could not use a repurchase price “formula” to establish damages, said Philip Stein, a partner with Bilzin Sumberg Baena Price & Axelrod, in an analysis. The decision favored...
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Compliance Pros Weigh Likely Effect Risk Retention Will Have on Structured Aircraft, SFR Securitization

February 24, 2017
It is two months into 2017, and compliance attorneys are still trying to discern some of the finer nuances of applying the Dodd-Frank Act’s risk-retention requirements to various sectors of the secondary market beyond residential MBS. One such area is structured aircraft portfolio transactions. In a recently issued white paper, attorneys from the Clifford Chance law firm and four other U.S. law firms looked at applying the rules to a typical issuance of securities by a newly formed special-purpose vehicle that owns (or will own) a portfolio of aircraft and related leases. They note...
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Wholesale-Broker Production Suffers the Most in 4Q16, Down 6.7 Percent

February 23, 2017
John Bancroft
Caliber Home Loans climbed into second place in the wholesale-broker market thanks to a huge 63.7 percent gain in annual funding volume.
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Angel Oak Set to Issue its First Nonprime MBS Deal of the Year

February 23, 2017
Brandon Ivey
The Angel Oak family of mortgage lenders finished 2016 with roughly $700 million of nonprime/non-QM originations, according to officials at the company.
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Wholesale-Broker Channel Saw Drop in Volume During 4Q16, Retail and Correspondent Steady

February 23, 2017
The relatively strong mortgage origination volume late in 2016 propped up production levels in all three major channels, according to a new Inside Mortgage Finance ranking and analysis. Mortgage brokers saw the biggest decline in volume during the fourth quarter, as production slipped 6.7 percent from the previous three-month cycle to an estimated $56.0 billion. But even with the late-year decline, the wholesale-broker market had...[Includes four data tables]
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GSEs’ Combined Earnings Total Almost $10 Billion In 4Q16, Gains Driven by Rising Rates, G-fee Income

February 23, 2017
The U.S. Treasury doesn’t get to invest in the booming stock market, but its stake in two guarantors of mortgage-backed securities is making a killing. Fannie Mae and Freddie Mac posted $9.9 billion in combined profits for the fourth quarter of 2016, and $20.2 billion for the full year. It was up 16.1 percent from 2015 and the fourth best year ever for the two government-sponsored enterprises. Their all-time high was...
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Short Takes: More on Ocwen’s CFPB Problem / An Invitation to Write a NORA Letter / MSR Buying Dreams Up in Smoke? / Ocwen for Sale Eventually? / A New Hire for ClosingCorp

February 23, 2017
Paul Muolo
The disclosure comes on the heels of a recent legal settlement in California that paves the way for Ocwen to buy servicing rights once again...
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Short Takes: A Huge Rally for Fannie, Freddie Common (for Today At Least) / Will Investors Lose Patience with Pershing Square and Bill Ackman? / FIG Purchase by Japanese Bank Won’t Affect New Residential / Parkside Expands Jumbo Offerings

February 22, 2017
Brandon Ivey and Paul Muolo
Market watchers must be wondering just how long investors will continue to believe in the GSE “bet” made by hedge fund manager Pershing Square Capital Management.
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