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Secondary Mortgage Market Reps Urge CFPB To Make QM ‘Right to Cure’ Easier for Assignees

June 27, 2014
Secondary mortgage market participants generally support the Consumer Financial Protection Bureau’s proposed “right to cure” a mortgage that inadvertently breaches the qualified mortgage 3 percent points-and-fees cap – but they want to see it made more assignee-friendly. Earlier this year, the CFPB proposed allowing a limited cure for a points-and-fee violation if the creditor in good faith intended to originate the loan as a QM under the bureau’s ability-to-repay rule and the loan otherwise meets the requirements of a QM. A refund of the overage would have to be paid to the consumer and the party seeking to cure the violation (either creditor or assignee) would have to follow certain policies and procedures for post-consummation review of loans. In its comment letter to the CFPB, Fannie Mae suggested...
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SEC Moves Its Structured Finance Emphasis Beyond Financial Crisis, Focusing on Commercial MBS, CLOs

June 27, 2014
The Securities and Exchange Commission has largely wrapped up its enforcement on structured finance issues related to the financial crisis, according to current and former officials at the federal regulator. The SEC’s Complex Financial Instruments Unit is now focusing on more recent issues in the structured finance sector. “The unit has now shifted its attention to the next frontier, and I expect it to zero in on the structuring, rating, valuation, sale, and use of other types of complex financial products, such as commercial MBS, structured notes and credit default swaps,” Andrew Ceresney, the director of the SEC’s division of enforcement, said in May. Stephen Crimmins, a partner at the law firm of K&L Gates who previously worked at the SEC for 14 years, said...
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Activity Heats Up in the Jumbo MBS Market, But Key Factors Likely to Suppress Issuance

June 27, 2014
The jumbo MBS market sprung to life this month, just before the close of the second quarter. Three firms are scheduled to issue jumbo MBS at the end of this week, and the market’s biggest player, Redwood Trust, is close to its first new issuance since pricing a deal at the end of March. While jumbo mortgage securitization is currently attractive to issuers, industry analysts suggest that volume will remain limited this year due to a number of factors, including a lack of strong demand from a wide range of investors, incentives for banks to hold jumbos in portfolio and continued dominance by the government-sponsored enterprises. “I think issuance will remain...
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Signs of Life in the Market for Re-performing Loans, But How Many Will Wind up in Securitizations?

June 27, 2014
Over the past few months, at least $407 million of re-performing residential mortgages have been auctioned off in the secondary market, according to a recent tally from Mountain View Capital Group, Denver. As for how many of these loans will wind up in an MBS, that’s a different matter. DBRS has rated what it calls 15 “seasoned” loan programs since 2009, only four of which it considers to be re-performing. But according to DBRS Managing Director of Structured Finance Quincy Tang, “There’s certainly no shortage of re-performing collateral in the market.” In other words, despite the improvement in the housing market, there are...
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Obama Administration Asks What Can Be Done to Help the Non-Agency Market

June 27, 2014
Brandon Ivey
The Treasury Department will hold meetings with issuers of non-agency MBS in the coming months to pick their brains on how the government can assist in uncovering "new paths" to increase private investment.
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A Mini-Revival for the Jumbo MBS Market?

June 27, 2014
Brandon Ivey
While jumbo mortgage securitization is currently attractive to issuers, industry analysts suggest that volume will remain limited this year due to a number of factors.
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Mortgage Securitization Rates Face a Bit of Stress

June 27, 2014
John Bancroft
The home-equity origination market rebounded somewhat during 2013, but none of these loans are winding up in new securities.
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Lenders Respond to QM 3-Point Fee Cap by Taking Profits From Gain-on-Sale

June 26, 2014
Paul Muolo
“Rather than earning on the front end, they’re increasing margins on the secondary sale," said mortgage analyst Ken Richey.
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Mortgage Servicing Market Shrank Again in Early 2014; Nonbanks Continue Building Market Share

June 26, 2014
The supply of mortgage debt outstanding declined again during the first quarter of 2014, slipping to its lowest level in eight years, according to new Federal Reserve data. There was a total of $9.851 trillion of home mortgages outstanding as of the end of March, down 0.4 percent from the previous quarter. The mortgage servicing market has been in almost constant decline since midway through 2008, with a modest bump higher in the third quarter of last year after a relatively strong rally in housing activity. Even the agency mortgage servicing market lost...[Includes two data charts]
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Another Credit Union Offering No-Downpayment Mortgages, No MI Needed

June 25, 2014
Brandon Ivey
Credit unions that originate no downpayment mortgages almost always keep the loans in portfolio.
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