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SCOTUS Opinion on Statute of Limitations in Fraud Cases Narrows SEC’s Ability to Seek Civil Penalties

March 14, 2013
The U.S. Supreme Court last week unanimously decided a securities fraud case that could cause the Securities and Exchange Commission to act sooner rather than later in bringing enforcement actions against MBS fraud. In Gabelli et al. v. Securities and Exchange Commission, SCOTUS ruled that in an SEC action to recover civil penalties, the five-year statute of limitations begins ticking when the fraud occurs, not when it is discovered. Reversing an opinion by the U.S. Court of Appeals for the Second Circuit, SCOTUS rejected...
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Single-Family MBS Market Expanded Slightly in 4Q12, No Thanks to Freddie

March 14, 2013
The available supply of residential MBS grew marginally during the fourth quarter of last year as the agency market grew enough to offset the ongoing decline in outstanding non-agency MBS, according to a new analysis by Inside MBS & ABS. The supply of single-family agency MBS increased by $48.1 billion during the fourth quarter, a 0.9 percent increase over the three-month period. The Federal Reserve gobbled up all the increase and then some; its total agency MBS holdings rose by $91.6 billion during the fourth quarter, an 11.0 percent increase from the previous period. Mutual funds appeared to hold...[Includes two data charts]
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SEC Chair Nominee Seeks to Be Tough on Wall Street, Implement Credit Rating Rules

March 14, 2013
Mary Jo White, the nominee to chair the Securities and Exchange Commission, said this week that enforcement actions against Wall Street firms and implementation of rules relating to credit ratings will be two of her many priorities if she is confirmed as head of the SEC. Industry analysts suggest that the Senate will easily confirm her nomination. “At the SEC, there’s no institution too big to charge,” White said at a hearing this week by the Senate Committee on Banking, Housing and Urban Affairs. The comment was...
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Flush with Earnings, Nonbank Lenders Face a Dilemma: Take Cash Out or Invest in Servicing

March 14, 2013
Most mortgage banking firms – both bank and nonbanks alike – have been posting record profits over the past year, creating the pleasant problem of what to do with all that cash. According to interviews conducted by Inside Mortgage Finance over the past few weeks, certain nonbank owners have been taking cash out of their companies, using the money to pay hefty tax bills. Others have been leaving money in the company and searching for ways to shelter income. One way to do that, according to some tax experts, is to retain originated servicing rights. This is...
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New Bill Bans G-Fee Hikes From Offsetting Government Spending

March 14, 2013
Charles Wisniowski
Proposed legislation would ban the use of guaranty-fees to pay for non-housing federal expenditures.
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Short Takes: Freddie Still Owed $1.2 Billion From Lehman / Citi Buys NPLs from Wells / HLSS Buys Servicing Rights From Ocwen / Ross Joins Ocwen / MI Firms Fear the QRM

March 14, 2013
Paul Muolo and George Brooks
Freddie Mac is still owed $1.2 billion from Lehman Brothers, which went bust five years ago. Also, Wells Fargo sells NPLs to Citigroup.
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Agency Jumbo Volume Tops Record: Inside Mortgage Finance Tally

March 14, 2013
John Bancroft
Not only was the jumbo market on a roll last year but the GSEs were major players, according to new figures compiled by Inside Mortgage Finance.
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Short Takes: A New FHFA Director to Be Unveiled Soon? / Nonbanks and Jumbos? / Rep. Ryan Plan to Kill the GSEs DOA / Apps Take A Tumble / Sen. Elizabeth Warren, Silent but Not for Long

March 13, 2013
Paul Muolo, Thomas Ressler, and Charles Wisniowski
Will the White House soon unveil its FHFA director candidate?
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Meanwhile, Shellpoint May Issue a Jumbo Deal by Mid-Year

March 13, 2013
Paul Muolo
Activity in the jumbo MBS market is hopping.Shellpoint Partners is targeting mid-year for its first deal.
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HUD Union Challenges Sequestration, 9,000 Workers Would Lose Pay

March 13, 2013
George Brooks
Roughly 9,000 HUD/FHA workers could lose pay under federal sequestration.
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