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Morgan Stanley Settles RMBS Claims With FDIC, Claims Against Deutsche Bank Given Green Light

February 5, 2016
Legacy RMBS-related legal action continued this week in both Washington, DC, and in New York City as the fallout from the financial crisis continues. In the nation’s capital, Morgan Stanley agreed to a second settlement with the Federal Deposit Insurance Corp., this time for $62.95 million, to resolve RMBS-related claims stemming from the failure of three financial institutions in the wake of the collapse of the mortgage market. The institutions are...
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Issuance of Agency MBS Down Slightly in January; But Ginnie Production Rises

February 5, 2016
John Bancroft
Ginnie Mae even posted a 5.6 percent increase in refinance loan securitizations...
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How Many Seller-Servicers Will Actually Use the GSEs’ New ‘Loser-Pay’ Dispute Resolution Process?

February 5, 2016
John Bancroft and Carisa Chappell
Colonial National Mortgage was a beta site for the IDR and Allen Maulsby, executive vice president of the bank, said the IDR process is very “legalistic…”
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Agency MBS Issuance Down Slightly in January Despite Increase in Purchase-Mortgage Activity

February 5, 2016
Fannie Mae, Freddie Mac and Ginnie Mae produced a combined $88.96 billion of single-family MBS in January, a modest 1.4 percent decline from December, according to a new ranking and analysis by Inside MBS & ABS. Ginnie production was actually up 7.2 percent from the previous month, while both the government-sponsored enterprises posted declines in new issuance. January’s agency MBS production included...[Includes two data tables]
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Jefferies and Two Nonbank Lenders Team Up on Planned MBS Backed by Warehouse Facility for Agency Loans

February 5, 2016
Jefferies Funding is underwriting a securitization of a revolving warehouse facility for agency mortgages originated by two nonbanks. The $225.0 million Station Place Securitization Trust 2016-1 received provisional Aaa ratings this week from Moody’s Investors Service. The rating service said the transaction is based on a “back-to-back” repo structure, with the three classes of notes scheduled to be paid off one year after issuance. The proceeds from the sale of the notes will be used by the issuer to purchase eligible mortgages and participation certificates from the repo seller. The revolving warehouse facility will be sponsored...
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Mortgage REITs Have Been Down So Long, They’re Starting To Look Up, But MBS Investments Continue to Shrink

February 5, 2016
The outlook for publicly traded real estate investment trusts that invest in agency MBS and related products is starting to improve, in part, because competing investments are looking ugly. That might seem like a small consolation prize for REITs, but several are posting decent earnings, even though the book value of their common stock is relatively weak. Meanwhile, while certain investors shun their stocks, many companies have engaged...
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Franchise/Royalty Securitizations Expected to Build as Investor Base Grows, New Structures Are Introduced

February 5, 2016
Securitizations backed by proceeds from franchises such as Domino’s Pizza and Dunkin Brands hit a record in terms of issuance volume in 2015. Industry participants suggest the market for such deals, known as whole-business securitizations, is set to expand due to growing interest from investors. There was more than $7.0 billion in WBS issuance in 2015, exceeding the issuance of the three prior years combined, according to Cory Wishengrad, a senior managing director and head of structured products origination at Guggenheim Securities. Wishengrad and others involved with structuring franchise/royalty securitizations spoke at a recent roundtable hosted by Standard & Poor’s. “The WBS sector has made...
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Non-Agency Nonperforming Loan Deals Expected to Remain Strong, with Attractive Profits for Investors and Issuers

February 5, 2016
Securities backed by nonperforming mortgages, one of the biggest sources of volume currently in the non-agency MBS market, are expected to continue to look good for investors and issuers, even as the housing market recovers. This week, analysts at Bank of America Merrill Lynch recommended investing in senior tranches of non-agency MBS backed by nonperforming loans. “As things get bad for risk assets and we recommend positioning for further widening in risk premium, NPL senior tranches stand out...
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Cash-Out Refinances on the Rise, More GSE Borrowers Are ‘Un-HARPing’ Loans

February 5, 2016
Cash-out refinances are staging a quiet comeback as rising home-price appreciation makes such deals feasible for more homeowners. The number of cash-out refinances continued to reach new recent highs in the third quarter of 2015, rivaling numbers not seen since 2008. Black Knight Financial said close to 300,000 cash-out refinances were originated in the third quarter of last year, and about one-million over the past 12 months. During that same time period, 42 percent of all first-lien refinances had a cash-out component, the highest share since 2008. In addition, the average cash-out amount was the most it’s been since 2007 at more than $60,000. In all, these homeowners tapped...
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Originators/Sellers Win Big in U.S. Appeals Court, Judges Agree Claims Accrue When a Loan Is Sold

February 5, 2016
A federal appeals court in Denver unanimously affirmed a lower court ruling that a claim of damage related to an originator/seller’s misrepresentation accrues when the loan is sold. Ruling in six cases involving plaintiffs Lehman Brothers Holdings and Aurora Commercial Corp. versus Universal American Mortgage Co. and Standard Pacific Mortgage, the Tenth Circuit Court of Appeals rejected plaintiffs’ contentions that their claims were really “indemnification” claims that did not accrue until they bought the loans from Fannie Mae and Freddie Mac. The overarching issue in this complicated case is...
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