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Commercial Mortgage REITs Show Promise As Long as Originations Continue to Improve

August 1, 2014
The immediate future is looking mostly bright for publicly-traded real estate investment trusts that toil in the commercial real estate sector – that is, as long as origination volumes remain healthy. Several high-profile commercial REITs – including Starwood Property Trust, Colony Financial and Ladder Capital – do not report second quarter results until next week, but hopes are high that earnings will be mostly positive. One commercial REIT that did report this week was...
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Des Moines and Seattle FHLBanks Announce Merger Talks

August 1, 2014
Charles Wisniowski
If consummated, a combined Des Moines-Seattle FHLB would serve more than 1,500 member financial institutions in 13 states.
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Non-Agency MBS Investors Continue to Complain About Loan Mods Provisions in Legal Settlements

August 1, 2014
A trade group representing non-agency MBS investors continues to raise concerns about settlements that give servicers credit for completing loan modifications on mortgages in non-agency MBS. Regulators and others counter that the settlements include protections for the investors, who ultimately benefit from loan mods completed under the settlements. The latest flare-up involves $4.0 billion in loss mitigation actions required of JPMorgan Chase under a recent settlement with federal and state regulators. Last week, the settlement’s monitor credited Chase with $6.31 million in consumer relief under the settlement, with 56 percent of the relief completed on Chase’s own holdings and the remainder completed on loans serviced for others, likely mortgages in non-agency MBS. The settlement prompted...
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Judge Cuts BofA ‘Hustle’ Penalty by Half to $1.27B as Bank Tries to Settle Other Charges; Issa Presses DOJ

August 1, 2014
A Manhattan federal judge on Wednesday ordered Bank of America to pay a $1.27 billion penalty over mortgage fraud related to Countrywide Financial’s “Hustle” program, a little more than half of what the government had said the bank should pay, while the bank and Department of Justice discuss a potential MBS fraud settlement. Last October, the DOJ and the Securities and Exchange Commission successfully proved in court that Fannie Mae and Freddie Mac lost some $850 million from thousands of loans acquired through Countrywide’s “high-speed swim lane” program – known as HSSL or “Hustle.” The loan program ran...
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Servicers to Face Increased Regulatory Scrutiny, Nationstar, Ocwen, et al. Maintaining Cash Levels

August 1, 2014
Close compliance with the mortgage servicing rules promulgated by the Consumer Financial Protection Bureau will continue to be a critical concern for servicers this year. Analysts at DBRS anticipate intensified scrutiny from the CFPB and a higher likelihood of fines and lawsuits from noncompliance and even technical errors. “DBRS believes that the issuance of the mortgage servicing rules has brought much-needed reform to the servicing industry,” the analysts said in a new report. It was...
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FHFA May Allow Principal Reduction Only Under ‘Unique’ Circumstances

August 1, 2014
Charles Wisniowski
Has the Federal Housing Finance Agency finally caved on the issue of principal reductions for GSE loans? Not really, but...
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SEC Notifies S&P of Potential Enforcement Action Concerning Flawed Ratings on Six CMBS Deals

August 1, 2014
Standard & Poor’s said it is working with the Securities and Exchange Commission to address issues raised by the enforcement staff in connection with botched ratings of several commercial MBS transactions in 2011. A spokesperson for S&P said the rating agency and its parent company, McGraw Hill Financial Inc., are cooperating with the SEC after receipt of a “Wells Notice” last week indicating both companies may soon be the target of a regulatory enforcement action. The SEC notice is...
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Buybacks, Indemnifications Will Continue, But There Are Many Coping Strategies Available, Experts Say

August 1, 2014
Mortgage buybacks and indemnifications may be off their peak in terms of volume, but they are widely expected to continue for the foreseeable future, industry experts said this week. But the good news for the industry is that there are a variety of defenses and coping strategies available, depending on the particulars of a given situation. Amanda Raines, a partner in the Washington, DC, office of the BuckleySandler law firm, told participants of an Inside Mortgage Finance webinar this week that more buybacks are definitely on the way. “The Department of Justice is still making financial fraud a priority,” she said. Raines noted...
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What We’re Hearing: Look Out Below Ocwen? / Look Out Below Nationstar? / Regarding Fannie and Freddie: Did Treasury Know Three Years Ago They Were Turning the Corner? / What Constitutes Being ‘Under Investigation’? / A HUD Official Comes Clean

August 1, 2014
Paul Muolo
Next week, Nationstar Mortgage reports its second quarter results. If the company misses the targets set by investment bankers, it could be a blood bath…
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Plenty of Suggestions for Reform of Non- Agency Market; Revival a Long Way Off

August 1, 2014
Efforts to reform the non-agency market may be gathering momentum as the Structured Finance Industry Group is set to reveal its preliminary recommendations for changes to non-agency mortgage-backed securities and comments on the sector’s reform are due to the Treasury Department shortly. Industry participants have plenty of suggestions for how to fix the market, but any revival looks to be years away. On Aug. 4, the SFIG will release “green papers” as part of its Project RMBS 3.0 initiative ...
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