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Higher Court Agrees to Hear Credit Suisse Appeal of Judge’s Approval of Class Action in MBS Litigation

December 7, 2012
A federal appeals court has agreed to hear Credit Suisse’s appeal of a lower court ruling which gave the go-ahead for a group of investors in an IndyMac Bank MBS to proceed as a class in its suit against the lender. The U.S. Court of Appeals for the Second Circuit said last week it would hear Credit Suisse’s appeal of a Manhattan federal judge’s ruling in June which granted a December 2010 request for class certification to investors as they allege Credit Suisse misled them about the quality of toxic loans underlying a $642 million MBS offering in 2006. The plaintiffs claim...
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Wells Fargo Dodges SEC Bullet as Agency Decides to End Probe of Bank’s MBS Deals

December 7, 2012
The Securities and Exchange Commission has quietly dropped an investigation of Wells Fargo in relation to certain MBS transactions that occurred during the recent financial crisis. In a recent SEC filing, Wells Fargo disclosed notification by the SEC staff on Nov. 20 that an investigation into possible investor fraud has been completed and that there would be no recommendation for any enforcement action. In February this year, the SEC served...
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Federal Reserve Purchases of MBS Might Stimulate Economy More Than Buying Treasuries, Official Says

December 7, 2012
A close comparative look at the stimulus activity of the Federal Reserve suggests its support of the MBS market delivers more bang for the buck to the overall U.S. economy than its purchase of Treasury securities, according to a top Fed official. “[B]uying MBS has a different effect on the constellation of credit-market rates than buying Treasury securities,” Fed Governor Jeremy Stein said in a speech. Taking a look at what happened in the credit markets in the wake of the Fed Open Market Committee’s Sept. 13 announcement of a new program to purchase an additional $40 billion a month of agency MBS, Stein found...
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Unique Features in Credit Suisse’s Third Non-Agency Jumbo MBS Issuance of 2012

December 7, 2012
A new non-agency jumbo MBS from a subsidiary of Credit Suisse Group includes some key differences compared with Redwood Trust deals, while pumping life into the non-agency market. DLJ Mortgage Capital issued a $329.89 million non-agency jumbo MBS late last week via a private placement; it was the company’s third of 2012. CSMC Trust 2012-CIM3 received a AAA rating from Standard & Poor’s with credit enhancement of 5.85 percent on the top-rated tranche. The new Credit Suisse deal included...
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Agency MBS Issuance Soared in November, Possibly Driven by Rush to Beat GSE Fee Hike

December 7, 2012
New issuance of agency MBS jumped dramatically in November, hitting its highest monthly production volume in over three years, according to a new Inside MBS & ABS ranking and analysis. Fannie Mae, Freddie Mac and Ginnie Mae combined for a whopping $199.34 billion in new single-family MBS during November, a 46.4 percent jump from the previous month. It was the highest monthly agency MBS output since June 2009, when $232.13 billion of MBS were issued. The November surge may reflect...[Includes one data chart]
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FHFA’s Proposed MBS Platform Seen as Positive for Agency Activity, Less So for Non-Agency Issuance

December 7, 2012
MBS industry groups generally support the Federal Housing Finance Agency’s plan to develop a single securitization platform and model pooling and servicing agreements for Fannie Mae and Freddie Mac. But they question whether a standardized system will for the non-agency MBS market or risk-sharing arrangements envisioned for the government-sponsored enterprises. The FHFA has been pushing the two GSEs to standardize their securitization operations in recent years, including uniform data delivery requirements, consistent servicing rules and, most recently, a new framework for seller representations and warranties that will go into effect in January. The agency wants...
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Donovan Defends Steps Taken to Improve FHA Fund, Says HUD Would Consider Raising FICO Score, Other Measures

December 6, 2012
Department of Housing and Urban Development Secretary Shaun Donovan said this week HUD is considering additional steps to improve the financial health of the FHA single-family program, including raising FICO score requirements and supporting legislation that would take the FHA loan limits back to pre-crisis levels. The HUD secretary found himself in the hot seat before the Senate Committee on Banking, Housing and Urban Development, explaining the results of a recent actuarial audit that placed the FHA’s Mutual Mortgage Insurance Fund capital reserve ratio below zero at negative 1.44 percent, representing a negative economic value of $16.3 billion. Sen. Richard Shelby, R-AL, ranking minority member of the committee, raised...
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Industry Groups Stress Need for Caution in FHFA’s Proposed Post-Fannie, Freddie Securitization Platform

December 6, 2012
The Federal Housing Finance Agency has perhaps overreached in its efforts to develop a post-Fannie Mae and Freddie Mac secondary mortgage market infrastructure as industry groups say the agency’s proposal is “laudable” but rife with unintended consequences. In September, the FHFA in a white paper proposed a framework for both a common securitization platform and a model pooling and servicing agreement with a request for public comment. The proposed infrastructure has...
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Refinance Activity Still Dominates Mortgage Production, But Purchase-Mortgage Lending Rebounded in 3Q12

December 6, 2012
Thanks to the Federal Reserve’s aggressive support for the agency mortgage market and continuing strength in the refinance program for underwater Fannie Mae and Freddie Mac borrowers, mortgage refi activity has accounted for 73.1 percent of 2012’s surging production volume. But home-purchase lending started to regain some market share during the third quarter of 2012, according to a new Inside Mortgage Finance ranking and analysis. An estimated $143 billion of home-purchase mortgages were originated during the third quarter, up 10.9 percent from the previous three-month period. By comparison, refinance production was up just 2.8 percent from the second quarter. The purchase-mortgage sector still has...[Includes three data charts]
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Servicers Need Solid MSR Valuation Process

November 30, 2012
Valuation of mortgage servicing rights has been challenging for many market participants, particularly with the incredible pace of change occurring in the mortgage servicing industry. Hence, it is important for servicers to have the basic building blocks to a solid MSR valuation process and a full understanding of the company for pricing and valuation purposes, suggests a recent study from PricewaterhouseCoopers. PwC noted that MSR valuations for seasoned portfolios have dropped ...
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