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Issuance of ABS Backed by Equipment Leases Is Still Growing, But Regulatory Issues Could Stall Market

October 2, 2015
Issuance of ABS backed by leases on small/mid-ticket equipment has rebounded since the financial crisis to levels last seen 15 years ago. However, industry participants suggest that loan-level disclosure requirements and mandatory risk-retention could limit activity in the sector going forward. At the recent ABS East conference produced by Information Management Network in Miami, Du Trieu, a senior director at Fitch Ratings, said issuance is increasing due to the improving economy and investor demand. “The collateral is business critical and income producing,” he added. Nearly $12.0 billion in small/mid-ticket ABS was issued...
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Although the FHFA Says Its FHLB Captive Rule Is ‘Under Review,’ Some Analysts Think It’s a Dead Issue

October 2, 2015
Real estate investment trusts that have gained access to Federal Home Loan Bank advances don’t seem particularly worried that they will be kicked out of the system, at least not anytime soon. As for when the Federal Housing Finance Agency will issue a final membership rule that addresses the thorny topic, that’s a different matter. The FHFA formally proposed changes a year ago that would ban captive insurance companies, the vehicle through which all REITs have gained membership. Even though public comments were taken, no final rule has appeared. In some circles, the “no action” stance is being read...
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Delays Result in Negative Issuer Review Findings, Testing Areas May Be Expanded, Reviewers Say

October 2, 2015
Failure to deposit borrowers’ escrow amounts into custodial accounts at the time of securitization or pool transfer is the most common fault committed by Ginnie Mae issuers, according to compliance experts. In particular, such oversights accounted for 24.7 percent of findings of compliance reviews conducted between Sept. 3, 2013, and Aug. 17, 2015. Ginnie requires that borrower escrow amounts be deposited in a “timely” manner, which is defined as within 48 hours of pool securitization, explained experts at the recent Ginnie Mae Summit conference in Arlington, VA. Approved Ginnie Mae issuers undergo...
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What We’re Hearing: Is It ‘Open Season’ on Mortgage Bankers? / The Coming Storm Over Marketing Service Agreements / Realtors and MSAs? / loanDepot Fights Back / Mortgage Carpetbaggers?

October 2, 2015
Paul Muolo
Some have suggested that it’s no wonder that several mortgage company owners – including those who control specialty servicers – are contemplating selling their companies.
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Variety of Factors Limiting Non-Agency MBS

October 2, 2015
The recent ABS East conference prompted another round of introspection among participants in the non-agency mortgage-backed security market. While efforts to address concerns raised by potential investors are progressing, a multitude of issues continues to hamper non-agency MBS issuance. Issuers continue to focus on finding investors willing to buy AAA tranches of non-agency MBS. “Some of the AAA investors will come back when the pricing gets a little more ...
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MBS Likely to Get Boost from Deal Agent

October 2, 2015
The inclusion of a deal agent or transaction manager in new non-agency mortgage-backed securities would significantly increase investors’ confidence in the sector, according to industry participants. Alessandro Pagani, a portfolio manager and head of securitized assets at Loomis Sayles, said a large number of institutional investors have pushed for a deal agent and the hope is that if non-agency MBS includes the feature, investors will buy into the deals ...
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News Briefs

October 2, 2015
The planned $150 million non-agency mortgage-backed security from Angel Oak Mortgage Solutions and Nomura Securities might have been delayed due to issues involving representations and warranties, according to people familiar with the deal. The MBS was to be backed by nonprime non-qualified-mortgages and might be scrapped. Hudson City Savings Bank was hit with a consent order last week from the Consumer Financial Protection ... [Includes eight briefs]
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GNMA Posts Record Quarter as VA Jumbos Drive MBS Issuance

October 2, 2015
Riding a wave of heavy purchase-mortgage activity, Ginnie Mae issuers produced a record $128.23 billion of single-family mortgage-backed securities during the third quarter of 2015, according to a new Inside FHA/VA Lending ranking and analysis. The third-quarter figure, which includes FHA home-equity conversion mortgage MBS, was up 6.5 percent from the second quarter of this year. The previous record was $125.68 billion, set back in the third quarter of 2009. Loan-level MBS data, which do not include HECMs and have truncated loan amounts, show hefty gains in purchase-mortgage activity that more than offset sharp declines in refinance business. The flow of FHA purchase mortgages jumped 37.7 percent from the second to the third quarter, and VA purchase mortgages were up 37.9 percent over the same period. Meanwhile, refinance volume fell ... [ 2 charts ]
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GNMA Revises Requirements for Change-of-Business Status Pleas

October 2, 2015
Ginnie Mae has announced revised rules for issuers seeking approval of changes in their business status due to an adversarial relationship with agencies, mergers, asset transfers or a change in ownership or control. The agency has been receiving many issuer requests and they are getting complicated, according to Ted Tozer, Ginnie Mae president. Issuers must comply with the updated guidance in order to remain an eligible participant in the Ginnie Mae mortgage-backed securities program. The guidance took effect immediately. Previously, issuers were required to notify Ginnie Mae in writing within five days of any material adverse change in their business relationships with Fannie Mae, Freddie Mac, FHA, VA, Rural Development, the Department of Housing and Urban Development’s Office of Public and Indian Housing or any other regulatory agency. Under the revised guidance, the ...
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Bayview Issues Non-Agency MBS Backed by Nonperforming and Re-Performing Mortgages

October 1, 2015
Brandon Ivey
The deal includes a provision allowing Bayview to sell loans out of the MBS one year from now.
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