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How to Beat TRID in the MBS Sector: Issue Securities Backed by Investment Properties

April 20, 2016
Brandon Ivey
Investors take note: The collateral has a current interest rate of 8.15 percent.
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It was Thought the TRID ‘Scratch & Dent Market’ Would Peter Out. It Hasn’t

April 20, 2016
Paul Muolo
To date, Mid America has bought roughly $115 million worth of product with TRID errors...
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Short Takes: All in the Mortgage Family / Can Ditech’s TPO Strategy Work? / The Megabanks Feeling Less Love for GSE Loans? / 38,865 Fannie Mae Shareholders / FRB Sets 1Q Production Record

April 20, 2016
Brandon Ivey and Paul Muolo
Would you lend money to your relatives? One mortgage firm has made it a business model...
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Senate Banking Chair Wants GAO and CBO to Investigate Change in Course at the FHFA

April 19, 2016
Brandon Ivey
Shelby noted that Congress “has a responsibility to conduct proper oversight” over the FHFA and the GSEs.
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The TRID Mess: Lenders Still Waiting on Formal Guidance, and Waiting and Waiting…

April 18, 2016
Thomas Ressler
In their recent exchange of letters, Sen. Corker articulated a handful of serious concerns with the TRID rule, while Cordray reiterated the ways the bureau has tried to help the industry…
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Kroll May Not Rate Non-Agency MBS Subject to TRID Rule, For Now

April 18, 2016
Kroll Bond Rating Agency warned recently that it might refuse to rate certain non-agency mortgage- backed securities subject to the TRID mortgage disclosure rule until the CFPB issues formal guidance.The rating service said it’s currently unclear whether certain corrections of errors under the bureau’s integrated disclosure rule will subject non-agency MBS investors to assignee liability. This is an issue that the Structured Finance Industry Group continues to work on, with SFIG also stressing that formal guidance from the CFPB is necessary. “In instances where these violations go un-corrected by an originator, KBRA believes the risks associated with TRID-eligible loans, in material concentration, become more significant and that KBRA may consider additional credit enhancement, applying a rating cap, or declining ...
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GSE Credit-Risk Transfers Face Incremental Losses from TRID

April 18, 2016
Fannie Mae and Freddie Mac are not conducting loan-level reviews for compliance with the CFPB’s integrated disclosure, and that threatens investors in the pair’s future credit-risk transfer transactions with the possibility of some modest losses because of lender compliance violations, according to a recent report from Moody’s Investor Service. “We expect overall losses on these transactions owing to TRID violations to be fairly small, despite our expectations that the frequency of violations will be high, at least initially,” analysts at the rating service said. “Furthermore, lender representations and warranties and the government-sponsored enterprises’ ability to remove defective loans from the transactions will likely mitigate some of these losses.” Damages for TRID violations are less significant for a securitization transaction compared ...
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Non-Agency MBS Market Off at a Dreary Pace In Early 2016, Unique Chase Deal in the Spotlight

April 15, 2016
New production of non-agency MBS fell sharply in the first quarter of 2016 despite an anomalous rebound in the prime mortgage sector. A mere $8.38 billion of non-agency MBS was issued in the first three months of this year, down 40.8 percent from the fourth quarter and off 64.5 percent from a year ago, according to a new Inside MBS & ABS analysis and ranking. It was the slowest quarter for new issuance since the end of 2013, when just $6.11 billion of new non-agency MBS came to market. The non-agency MBS market remains...[Includes three data tables]
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Rating Services Ready to Rate MBS With TRID Loans Even Without Formal Guidance from CFPB

April 15, 2016
Two rating services published reports in recent days stressing that non-agency MBS with loans subject to TRID mortgage disclosures can be rated, even when the loans have TRID violations. The reports are part of an industry effort to deal with the rule that combines disclosure requirements of the Truth in Lending Act and the Real Estate Settlement Procedures Act that was promulgated by the Consumer Financial Protection Bureau and took effect in October. Kroll Bond Rating Agency and Morningstar Credit Ratings published separate reports in the past week stating expectations that TRID will have a “limited” impact on non-agency MBS investors. A number of other rating services have made similar statements since TRID took effect, though that has done little to spur issuance. Only one non-agency MBS with TRID loans has been issued...
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Goldman Sachs Settles Pre-Crisis Non-Agency MBS Issues with DOJ, States for $5.06 Billion

April 15, 2016
The Department of Justice helped lead other federal and state entities in a $5.06 billion settlement with Goldman Sachs. The settlement announced this week involves non-agency MBS underwritten by Goldman between 2005 and 2007. The charges were centered on representations made by Goldman to investors in about 530 non-agency MBS. The offering documents for the MBS stated that mortgages in the deals were originated “generally in accordance with the loan originator’s underwriting guidelines,” other than possible situations where “when the originator identified ‘compensating factors’ at the time of origination.” Findings by third-party due diligence firms helped...
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