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Court Grants Cert in NovaStar; FHLB Claims versus RBS Dismissed; Ally Settles; Nomura/RBS to Pay Up

November 23, 2016
A U.S. district court judge in New York has certified a class of investors to move forward with mortgage-related fraud claims they have brought against three large banks. MBS investors led by plaintiff New Jersey Carpenters Health Fund sued units of Wells Fargo that were acquired from Wachovia Capital Markets, Royal Bank of Scotland and Deutsche Bank that helped underwrite $7.7 billion of MBS issued by failed subprime lender NovaStar Mortgage. The plaintiffs accused...
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Movement in Interest Rates Still Depends on Economic Data, Fed’s Yellen Tells Lawmakers

November 23, 2016
An increase in interest rates could take place “relatively soon,” if incoming economic data warrant it, Federal Reserve Chair Janet Yellen told members of Congress last week. Then again, maybe not. The Fed has held off...
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U.S. Swap Margin Posting Rules Could Impact New, Existing Structured Finance Transactions, Warns Fitch

November 23, 2016
New derivative rules requiring daily posting of two-way variation margin on affected derivatives could create uncertainties for structured finance transactions, warned Fitch Ratings in a recent analysis. U.S. banking regulators and the Commodity Futures Trading Commission have adopted the uncleared swap margin rules for covered swap entities. Specifically, registered swap dealers and all end users of derivative contracts must comply with margin collection, posting, segregation, and documentation requirements by March 1, 2017. New swaps executed after the 2017 effective date would...
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GSE Shareholder Case Attorney Details Plight of Fairholme in Ongoing Litigation

November 23, 2016
Fairholme Funds officials this week continued to press their case for restoring shareholder rights for private investors in Fannie Mae and Freddie Mac, expressing hope that the incoming Trump administration will be friendlier to their cause. In Fairholme Funds Inc. v. United States, et al, the plaintiffs argue that the net worth sweep imposed by the Treasury Department and Federal Housing Finance Agency was illegal and that the two government-sponsored enterprises were not in a “death spiral” at the time of the bailout as the government claims. During a conference call this week, Fairholme CEO Bruce Berkowitz said...
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Ally to Pay $52.0 Million to Settle with DOJ on Issues Involving ResCap Subprime MBS

November 22, 2016
Brandon Ivey
The settlement noted that the subprime MBS from ResCap included mortgages with looser underwriting standards than the underwriting guidelines that were disclosed to MBS investors.
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Short Takes: FCC Stiffs MBA / VA Refis Top Complaints to CFPB / New Residential Packages Servicing Advances from Ocwen / Cash-Out Refi Outlook

November 22, 2016
George Brooks and Brandon Ivey
The MBA is considering its options to appeal the FTC's decision regarding the trade group's request for a mortgage-servicing exemption under the Telephone Consumer Protection Act.
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Short Takes: AIG to Acquire Mortgages / Interest Rates Under Trump / Ginnie Servicing Fee 'Inadequate' / $100,000 in MBA Scholarships

November 21, 2016
Brandon Ivey
American International Group's plan to acquire residential mortgages is part of AIG’s effort to “rebalance” its exposure to mortgages after the sale of mortgage insurer United Guaranty to Arch Capital Group.
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Banks Upped Their Holdings of Residential MBS In 3Q16, Focusing on GSE Pass-Through Market

November 18, 2016
Commercial banks and savings institutions boosted their holdings of residential MBS substantially during the third quarter, a new analysis of call-report data by Inside MBS & ABS reveals. Banks and thrifts held a record $1.732 trillion of residential MBS in their available-for-sale and held-to-maturity accounts at the end of September, a 2.9 percent increase from June, not including $46.3 billion in trading accounts. The emphasis was heavily on agency pass-through securities, with holdings of Fannie Mae and Freddie Mac MBS surging 6.6 percent higher. Ginnie Mae saw...[Includes two data tables]
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Freddie’s New $459.9 Million Whole Loan Deal Faulted for Limited Third-Party Due Diligence

November 18, 2016
Freddie Mac is set to issue a $459.92 million Whole Loan Securities transaction, according to a presale report from Moody’s Investors Service. The firm didn’t rate the senior tranche of the deal but did place a Baa1 rating on a mezzanine tranche of Freddie Mac Whole Loan Securities 2016-SC02. The government-sponsored enterprise priced the latest WLS transaction this week, with the deal expected to close next week. “We are pleased with the pricing levels and depth of investor participation in the WLS program,” said Kevin Palmer, senior vice president of credit risk transfer at Freddie. “We look forward to continued issuance in 2017.” Freddie has issued...
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President Trump Likely to Push Fed to Normalize; MBS, ABS, Credit Risk Transfers Also Affected

November 18, 2016
Investors are trying to make sense of the new political/economic landscape following the election of Donald Trump to be the next president, and how best to navigate his uncertain, and at times contradictory, signals during his campaign. Much of the conversation over the last week has focused on the likely effect the new regime will have on the Federal Reserve and its chair, Janet Yellen. Trump, who has been a fierce critic of the U.S. central bank, has indicated he won’t outright replace Yellen, but neither will he nominate her for a second term. And of course, what happens with the Fed will spill over, one way or the other, into the financial markets. “The Fed will normalize...
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