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Judge Orders UBS to Surrender Documents to FHFA

April 26, 2013
One week after UBS Americas failed in its bid to shutter a lawsuit brought by the Federal Housing Finance Agency in connection with non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac, the federal judge overseeing the case has ordered UBS to hand over internal documents to the FHFA the company argued were privileged. U.S. District Court Judge Denise Cote ruled last week that parts of memoranda from UBS’ outside counsel to the company which contained factual summaries of meetings held with third-party mortgage originators are not protected by attorney-client privilege and must be disclosed to the FHFA. “Even if it is true, as UBS argues, that the memoranda at issue were created for the ‘predominant purpose’ of rendering legal advice, that does not relieve UBS of the obligation to show that the entirety of each document is privileged,” wrote Judge Cote in her ruling.
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Jumbo Giant Looks to Conventional Mortgages

April 26, 2013
For years, Union Bank of San Francisco has made a name for itself as a top-ranked portfolio lender of jumbo mortgages – but all that could soon change. No, Union Bank isn’t leaving the space – not by a long shot – but the $94 billion asset commercial bank is in the midst of making a major push into conventional lending where its footprint has been quite small. “It’s...
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Agency REITs Warned of Interest Rate Risk

April 26, 2013
The Financial Stability Oversight Council issued a warning this week regarding the prolonged period of low interest rates, singling out real estate investment trusts that invest in agency mortgage-backed securities. “Agency REITs, a sector that how grown considerably in recent years, are highly exposed to a rise in interest rates,” said Trent Reasons, a senior policy advisor at the Treasury Department. An analysis of 16 REITs by Inside MBS & ABS, an affiliated publication, determined...
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Owner-Occupants Driving Home Price Increases

April 26, 2013
Owner-occupants are driving increases in home prices and purchase activity, not institutional investors, according to Oliver Chang. The somewhat surprising conclusions from the founder and managing director of Sylvan Road Capital suggest that institutional investors are “along for the ride,” not propelling the current housing recovery. “The housing recovery appears to be broad-based and here to stay, although not because of the entrance of institutional investors into the space,” Chang said. He completed...
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New Mortgage Originations Slow in Early 2013 As Wells Fargo Continued to Decelerate

April 25, 2013
Nationwide, mortgage originations fell by 4.8 percent during the first quarter of 2013, but a lot of that decline took place at the industry’s biggest lender, Wells Fargo, according to a new market analysis and ranking by Inside Mortgage Finance. Mortgage originations totaled an estimated $500.0 billion during the first three months of the year, down from $525.0 billion during the fourth quarter of 2012. It still ranked as the fourth strongest quarter in new loan production since the mortgage market tanked back in 2008, and originations in early 2013 were up 19.0 percent from the same period last year. But most of the indicators are...[Includes two data charts]
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Short Takes: HUD Secretary Promises No More Premium Hikes / Meanwhile, HUD Will Close Some Offices / National MI is Open for Business / BofA Says Don’t Compare it to Wells / Mortgage REITs a Concern?

April 25, 2013
Paul Muolo
FHA lenders are resting easier today thanks to a promise from HUD secretary Shaun Donovan not to hike FHA premiums again.
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Fannie and Freddie Spreading the Word on Coming G-Fee Hike

April 25, 2013
Paul Muolo
The worst kept secret in the mortgage industry is that a guaranty fee hike is coming. But no one knows when.
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Non-Agency Participants Seek New Standards In Addition to Reform of Fannie and Freddie

April 25, 2013
“We need the light hand of government to set standards and systems for the market to move forward and private capital to return,” said Chris Katopis, executive director of the Association of Mortgage Investors, in testifying at a hearing this week in the House Financial Services Committee. While members of the committee appear to be nowhere near agreement on how to resolve the ongoing conservatorships of Fannie Mae and Freddie Mac – or how they might be replaced – lawmakers, non-agency MBS issuers and investors all agreed on the need for new standards to increase non-agency MBS activity. The AMI called...
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S&P Strikes Back on MBS Case, Calls Government’s Fraud Lawsuit ‘Overreach’

April 24, 2013
Charles Wisniowski
Standard and Poor's is fighting back against the federal government in its $5 billion MBS fraud case.
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Redwood and Other Non-Agency Players Want Congressional Help to Boost Production

April 24, 2013
Brandon Ivey
The non-agency/jumbo market cannot truly revive until Congress passes laws aiding transparency and decreasing risk to potential participants.
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