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Inside MBS & ABS
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SEC Approves FINRA Margin Rule With the Addition of a Mortgage Banker Exemption

July 1, 2016
Mortgage bankers that trade in the to-be-announced MBS market will be exempt from the initial margin requirements associated with the Financial Industry Regulatory Authority’s revised Rule 4210, which was approved by an order of the Securities and Exchange Commission last week. Under the rule, as amended now three times by FINRA, market participants who trade TBAs will have to post an initial “maintenance” margin of 2 percent of net position size, along with an on-going variation margin, which will be subject to a $250,000 minimum transfer amount. However, the SEC order provided...
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Ginnie Mae Issuers Vulnerable to SEC Enforcement Actions, Executives Exposed as Well, Attorneys Warn

July 1, 2016
The Securities and Exchange Commission’s recent $12.7 million settlement with First Mortgage Corp. and several of its top executives over an allegedly fraudulent sale of toxic MBS to investors reveals the agency’s hidden role as a regulator of Ginnie Mae issuers, attorneys at Mayer Brown warned. Though seldom in the news, the SEC continues to bring enforcement actions against public companies that commit fraud involving Ginnie MBS, as seen in the FMC case, and previous enforcement actions against Taylor Bean & Whitaker and Radius Capital, the attorneys noted in a recent analysis. When bringing these cases, the SEC seeks...
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Court Releases More Documents, Including Former Treasury Official Deposition, in GSE Shareholder Case

July 1, 2016
Several more court documents were released over the past week that offer additional details into the circumstances surrounding the Treasury Department’s decision to replace the quarterly dividend Fannie Mae and Freddie Mac had been paying in conservatorship with a net worth sweep. Industry observers say the new memos and deposition transcripts reinforce the notion that the government had been planning the sweep for a while before it was implemented in late 2012. The government-sponsored enterprises’ shareholders have been challenging...
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Falling Rates in a Post ‘Brexit’ World Lead to Rally in Agency MBS Prices; But Will Cooler Heads Send Rates Rising Again?

July 1, 2016
Since the United Kingdom voted to leave the European Union a week ago, interest rates in the U.S. have been steadily falling, causing a rally in MBS prices. According to market watchers, Fannie Mae/Freddie Mac MBS values for new securities haven’t been this good since January 2015. Meanwhile, mortgage rates touched a three-year low the past few days with some primary market lenders making new loans at 3.25 percent and no points. As Inside MBS & ABS went to press, the benchmark 10-year Treasury was yielding...
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HUD to NPL Investors: The First Thing You Need to Do is Consider a Principal Reduction

July 1, 2016
Paul Muolo and George Brooks
As Tim Rood of The Collingwood Group noted: An investor can buy a mortgage at 65 cents on the dollar, “notify the borrower they are eligible for a note mod down to 80 cents on the dollar and voila!”
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Downgrades for MBS and ABS Still Relatively Limited With Few Defaults and Strong Loan Performance

July 1, 2016
Upgrades of ratings on structured finance products hit an all-time high in 2015, according to a study released this week by S&P Global Ratings. The study tracked ratings across sectors and the world, while the U.S. residential MBS sector showed mixed performance. S&P said it had 30,359 ratings outstanding on global structured finance securities at the beginning of 2015. During the year, 9.8 percent of the ratings were upgraded. The rating service said upgrades in 2015 were most prevalent on structured credit deals in Europe and the U.S. Some 11.2 percent of S&P’s ratings were downgraded...
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The FHFA Tally on GSE NPL Sales: 12 Percent of the Loans Wind Up in Foreclosure

July 1, 2016
Carisa Chappell
The FHFA promises it will provide regular updates on NPL sales going forward…
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MIAC Offers Flow Deal That Could Net $900 Million Per Year

July 1, 2016
Paul Muolo
The product for sale is concentrated in Arizona, California, Florida and Texas.
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Prime Non-Agency MBS Issuance Down Sharply in 2016, Only Two Deals in 2Q16

July 1, 2016
The issuance of prime non-agency mortgage-backed securities in 2016 is well below the relatively meager levels seen in recent years, according to a new ranking and analysis by Inside Nonconforming Markets. Some industry participants have blamed the lack of activity on the Truth in Lending Act/Real Estate Settlement Procedures Act disclosure rule that took effect in October. Although there are signs the market has adjusted to TRID, only two ... [Includes one data chart]
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Fitch Updates Non-Agency MBS Criteria

July 1, 2016
New criteria from Fitch Ratings for rating non-agency mortgage-backed securities include provisions regarding due diligence grades and the deal agent position planned by some issuers. The criteria published this week include a “realignment” of items that result in C grades and D grades on mortgages reviewed by third-party due diligence firms. The changes include reviews for compliance with the Truth in Lending Act/Real Estate Settlement Procedures Act ...
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