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Final Risk-Retention Rule a Mixed Bag for Securities Outside of Those Backed by Residential Mortgages

October 24, 2014
Issuers of securities backed by assets other than residential mortgages were able to win some concessions from federal regulators in the final risk-retention rule that was approved this week. However, the standards for “qualified” loans that are exempt from risk-retention requirements are much more stringent than those for qualified-residential mortgages, even including downpayment requirements in some instances. The risk-retention requirements for non-mortgage ABS and commercial MBS take effect two years after the final rule is published in the Federal Register. Securities that include loans that don’t qualify for exemptions will be required to have risk-retention of at least 5.0 percent, though there are instances when the required retention can be lower. The final standards qualifying commercial loans, commercial real-estate loans and auto loans were...
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SEC Provides Some Details on Its Reg AB II Pilot Project, But Do You Really Want to Participate?

October 24, 2014
The Securities and Exchange Commission has provided more details about a pilot project to test the revised requirements for shelf registrations that are part of Regulation AB II. ABS issuers must comply with the new rules and forms, other than asset-level disclosures, no later than Nov. 23, 2015. The SEC’s Division of Corporation Finance recently invited ABS issuers to request staff review of their registration statements in draft form, prior to filing. “We will select...
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Ginnie Updates Issuer Eligibility; Fannie and Freddie Continue With Do-It-Yourself Reform

October 24, 2014
Fannie Mae, Freddie Mac and Ginnie Mae have been around for decades and they dominate the residential MBS market, but the agencies are not standing still. Pushed by their federal conservator, Fannie and Freddie are rebuilding their securitization infrastructure and trying to reinvent how they do business with mortgage sellers. At the annual convention of the Mortgage Bankers Association this week, the Federal Housing Finance Agency announced an agreement in principle on changes to the representations-and-warranties framework used by the government-sponsored enterprises. Ginnie officials disclosed new issuer eligibility standards and performance evaluations. “GSE reform does not mean...
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Final Rule Setting Risk-Retention Requirements For Non-Agency MBS Features Broad Exemptions

October 24, 2014
Six federal regulators approved a final rule this week setting risk-retention requirements for residential MBS transactions, exempting the entire agency MBS universe and non-agency securities backed by qualified mortgages. There is not that much left. The risk-retention requirements for residential mortgages will take effect one year after the final rule is published in the Federal Register, which is expected shortly. Regulators opted to align the definition for qualified-residential mortgages with the standards established by the Consumer Financial Protection Bureau for QMs. The sponsor of a non-agency MBS that includes non-QRMs will have to retain at least 5.0 percent of the balance of the security, as required by the Dodd-Frank Act. In 2011, federal regulators proposed...
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Plenty of Investors are Eyeing the Non-Agency Space – Even PIMCO

October 23, 2014
Even though the origination volume of non-agency, non-jumbo mortgages is relatively small, private equity firms increasingly are eyeing the space, believing that within two years – or maybe sooner – the business could be producing robust profits. In short, investors want to enter non-agency lending before anyone else does – and at “ground level” prices. According to non-prime executives and investment advisors, private-equity funds of varying sizes want...
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Final Rule on Risk-Retention For Non-Agency MBS Features Broad Exemptions

October 23, 2014
Brandon Ivey
Many lenders and some investors pushed for an alignment of QRM and QM, while other investors sought protections beyond the requirements for QMs.
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Expanding Access to Credit May Grease Underperforming Home-Purchase Market

October 23, 2014
The mortgage credit box contracted quickly as the housing market slid toward disaster in 2007, but it’s proving to be much more difficult to stretch it back to what used to be considered normal. The subtitle to this week’s annual convention of the Mortgage Bankers Association could well have been “access to credit,” an idea that clearly dominated the conversation. Despite the recent unexpected drop in mortgage interest rates, most observers expect origination volume in 2015 to track closely to this year’s sluggish level and part of the problem is relatively weak home-purchase lending. Industry people are...
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Short Takes: A ‘Troubling’ Corporate Culture at Ocwen? / IMA Launches Crowd-Funding Unit / Massachusetts Loses Foreclosure Battle with GSEs / Reverse Stock Split for Mortgage REIT

October 23, 2014
Paul Muolo and Charles Wisniowski
Interactive Mortgage Advisors has launched RealPartner.com, a crowd funding platform giving accredited investors access to performing residential mortgages...
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CFPB Finalizes ‘Right to Cure’ Language for QM Loans

October 23, 2014
Thomas Ressler
Any refunds paid by the originator must occur within 210 days after the loan is made.
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Citi the Latest Jumbo MBS Issuer to Be Dinged for Having Small Number of Loans

October 23, 2014
Brandon Ivey
To account for the risk posed by the small loan pool, Fitch applied a penalty of 1.07-times (a 7.0 percent penalty) to the lifetime default expectations for the MBS...
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