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SEC Issues New Rule for Credit Ratings on a Split Vote, Dissenting Commissioner Questions Legality

September 5, 2014
The rating services are set for increased oversight after the Securities and Exchange Commission approved a final rule addressing internal controls, conflicts of interest and procedures in an attempt to protect the integrity of rating methods. The SEC approved the final rule on a 3-2 vote last week, with the two Republican commissioners voicing strong opposition to provisions required by the Dodd-Frank Act. Among other issues, the final rule aims at preventing sales and marketing considerations from influencing the issuance of credit ratings on structured finance products. Under the rule, rating services are prohibited from issuing or maintaining a credit rating when a person within the rating service that participates in determining or monitoring the rating also participates in sales or marketing of a product or service of the rating service or an affiliate. The rule also targets...
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Banks Increase Holdings of Residential MBS In Second Quarter, Thrift Holdings Slumped

September 5, 2014
Commercial banks held $1.386 trillion of residential MBS at the end of June, marking their second consecutive quarterly gain in MBS investment, according to a new Inside MBS & ABS analysis. The 0.7 percent increase in bank MBS holdings was enough to offset a 3.5 percent drop in thrift investment in the sector. On a combined basis, banks and thrifts saw an 0.3 percent increase in residential MBS during the second quarter, though the industry remained 0.2 percent below the level set at the midway point in 2013. All of the increase came...[Includes two data charts]
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FHFA’s Goldman Sachs Deal Allows Firm to Recoup Losses; FDIC Too Late to Sue Deutsche, Credit Suisse

September 5, 2014
The legal settlement between Goldman Sachs and the Federal Housing Finance Agency over soured non-agency MBS sold to Fannie Mae and Freddie Mac featured an unusual buyback of the securities by the investment bank. It leaves just three big defendants left to settle or go to trial, legal observers note. Under the terms of the settlement announced Aug. 22, Goldman is required to pay $3.15 billion to repurchase securities that were the subject of the claims in the FHFA’s lawsuit. The economic value of the settlement is estimated...
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Ginnie ‘Eagle’ Was Once a Red Hot Item for Lenders, but New Issuer Applications are Slowing

September 5, 2014
Ever since the housing bust, mortgage bankers have coveted the Ginnie Mae “eagle,” which allows them to issue and service the agency’s MBS, but the pipeline of new applications is slowing. According to figures provided to Inside MBS & ABS, the agency had received 78 new applications through the end of July compared to 89 in fiscal 2013 and 99 the prior year. In an interview with this newsletter, Ginnie President Ted Tozer acknowledged the decline in applications, but didn’t seem all that concerned, adding: “I think we received a bunch recently.” In other words, applications could wind up...
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S&P Considers New Rating Criteria for Servicer- Advance MBS to Spur Activity in the Sector

September 5, 2014
Standard & Poor’s is evaluating comments on a proposal to incorporate new criteria for rating residential MBS backed by mortgage servicer-advance receivables. Issuance of servicer-advance MBS has been scarce in 2014 due to the heightened regulatory scrutiny on nonbank servicers and potential ratings volatility, leading to fewer purchases of mortgage servicing rights. So far, only one deal – a $400 million unrated servicer-advance securitization in early April – has been seen this year. But with additional clarity being provided in S&P’s proposed ratings criteria and the revised methodology getting finalized over the near term, “issuers may start feeling...
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Credit Unions Say Prohibition on Purchased Loans Renders NCUA Securitization Proposal Inadequate

September 5, 2014
A proposal from the National Credit Union Administration to permit covered credit unions to securitize loans they have originated – but not purchased – is widely seen as insufficient by the credit union industry because of that limitation. That’s likely to prompt the regulator to favorably revise the proposal in the coming months, industry analysts say. Back in June, the NCUA issued a proposal to authorize loan securitizations by credit unions, but only for loans originated, not purchased. It also proposed permitting the creation of special purpose vehicles (SPV) to hold the assets collateralizing the securities. Additionally, the proposal lists a number of minimum requirements and limitations on residuals and retained interests. The Credit Union National Association, in its comment letter to the agency, indicated...
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Goldman Settles FHFA MBS Suit, Remaining Banks Fail to Dismiss

September 5, 2014
HSBC Holdings is headed for trial later this month, absent a deal, after a New York federal judge rejected a last ditch effort by HSBC and Nomura Holdings to toss their mortgage-backed securities suit brought by the Federal Housing Finance Agency. U.S. District Judge Denise Cote’s ruling reaffirmed earlier rulings that the Housing and Economic Recovery Act of 2008 extended the time that the FHFA could file claims against a host of big banks.
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Chimera Turns to Vintage Subprime Mortgages Due to Lack of Jumbo Supply

September 4, 2014
Brandon Ivey
In an environment with limited jumbo originations, the transaction gives Chimera access to a large amount of seasoned residential mortgages that can be securitized into new investments.
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Short Takes: Former FHFA Chief DeMarco Passes on One Job, But Goes to Milken / DeMarco Pens His First Paper / CHLA Against G-Fee Hike / Home Equity Lending on the Rise / Big Banks May Have to Report Certain Mortgage Info Monthly

September 4, 2014
John Bancroft, Brandon Ivey, and Paul Muolo
Can former FHFA director Ed DeMarco affect the debate on the future of Fannie Mae and Freddie Mac? Can anyone?
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FHA Eliminates Post-Payment Interest Rate Charges, Revises ARM ‘Look-Back’ Period and Disclosures

September 4, 2014
The FHA will no longer allow lenders to charge interest payments previously owed beyond the date the FHA mortgage was paid in full – a policy change that could help borrowers save some money. Currently, lenders can charge interest on FHA loans through the end of the month when they are paid off. The new rule is effective for loans paid off on or after Jan. 21, 2015. The policy change responds...
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