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Mortgage and Asset Securitization Slowed in Early 2016 Despite Uptick in Mortgage Refinance Activity

April 8, 2016
Falling mortgage rates helped spur a modest increase in refinance activity during the first quarter of 2016, but not enough to offset a slowdown in other parts of the securitization market, according to a new Inside MBS & ABS analysis and ranking. A total of $318.34 billion of residential MBS and non-mortgage ABS were issued during the first three months of the year, a 3.6 percent decline from the fourth quarter of 2015. It was the lowest amount of new issuance since the second quarter of 2014 and put the market 8.1 percent behind the level reached in the first quarter of last year. Non-mortgage ABS issuance was...[Includes three data tables]
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Are Fannie Mae and Freddie Mac Buying Mortgages That Really Aren’t TRID Compliant? Does it Matter?

April 8, 2016
As the non-conforming secondary market continues to grapple with headaches surrounding TRID errors and scotched jumbo deals, another storm may be brewing: whether Fannie Mae and Freddie Mac are buying loans that – if tested properly for violations – would reveal flaws. The good news for the lending industry is that the government-sponsored enterprises are not now conducting routine post-purchase file reviews for technical compliance for TRID errors. The GSEs now are just checking to make sure the new consumer disclosures, which merge the requirements of the Truth in Lending Act and the Real Estate Settlement Procedures Act, are being used. Still, that has not prevented...
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MBS Investors Ask for Action from CFPB as TRID Is Seen as ‘Chilling’ Investment in the Mortgage Market

April 8, 2016
The Association of Mortgage Investors last week urged the Consumer Financial Protection Bureau to address ongoing issues raised by the so-called TRID mortgage disclosure rule. “The recent evidence is that the rule, while extremely well-intentioned, has resulted in a climate of legal uncertainty and is chilling private investment in the U.S. mortgage market,” Chris Katopis, executive director of the AMI, wrote to CFPB Director Richard Cordray. The rule took effect...
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CA AG Sues Morgan Stanley Alleging False Claims, Securities Violations; Countrywide Payout is Closer

April 8, 2016
Litigation over legacy residential MBS deals that went sour in the run-up to the financial crisis continued last week, as California Attorney General Kamala Harris sued investment bank Morgan Stanley for alleged misrepresentations about RMBS investments, which she said contributed to huge losses by investors such as the state’s public pension funds. In what is just the second such use of the False Claims Act by a state, Harris’ complaint, filed in San Francisco Superior Court, alleges that Morgan Stanley violated the FCA, as well as California securities law and other state laws, by allegedly hiding or downplaying the risks of complex investments involving large numbers of underlying loans or other assets. Harris used...
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Blackstone Group May Take Its SFR Platform, Invitation Homes, Public

April 8, 2016
The Blackstone Group, which has several investments in mortgage finance and real estate, is contemplating taking its single-family rental business public. It’s just a matter of when. Late this week, a Blackstone media official declined to discuss the topic of an initial public offering of its SFR business, which was first reported by The Financial Times and mentioned in an investor note from Compass Point Research & Trading. The IPO has...
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Fannie and Freddie Shareholders Fight Against FHFA’s Motion to Consolidate Cases to DC Court

April 8, 2016
Since the Federal Housing Finance Agency’s March filing to transfer lawsuits initiated by Fannie Mae and Freddie Mac shareholders to a new court, a number of plaintiffs have filed motions opposing the transfer, arguing that the cases are substantially different from one another. FHFA said it was looking to prevent future “copycat” cases and ensure a more consistent ruling across the board by having all of the cases heard in the U.S. District Court for the District of Columbia instead of scattered in different jurisdictions throughout the country. On April 6, the attorneys for plaintiffs David Jacobs and Gregory Hindes said...
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What We’re Hearing: Hot Commodities: Mortgage Call Centers? / Morningstar Says Chillax on TRID / MBA’s Chief Dave Stevens: It’s Not Just ‘Bellyaching’ / Do or Die Time For Ocwen? / Carol Galante Will Earn How Much at Ocwen? / Casey Crawford Scores, Again

April 8, 2016
Paul Muolo
The mortgage industry is still demanding “formal” guidance from the CFPB on TRID and will accept nothing less.
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Four Prime Non-Agency MBS Issued in 1Q16, Led by Two Unprecedented Deals

April 8, 2016
The volume of prime non-agency mortgage-backed securities issued in the first quarter of 2016 reveals little about how the market is functioning, according to a new analysis and ranking by Inside Nonconforming Markets. Some $2.92 billion in prime non-agency MBS was issued in the first quarter of 2016, a 61.3 percent increase from the previous quarter but a 36.4 percent decline compared with the first quarter of 2015. Only four prime ... [Includes one data chart]
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SFIG Plots TRID Compliance; Lenders Take Hits

April 8, 2016
A single mortgage must meet nearly 150 requirements to achieve compliance with the TRID disclosure rule, according to a framework proposed by members of the Structured Finance Industry Group. Third-party due diligence firms will test loans for most of the TRID requirements, according to a draft of the TRID compliance review scope obtained by Inside Nonconforming Markets. Since the TRID rule took effect in October, due diligence firms have found widespread violations ...
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Fitch Adjusts Criteria to Rate Nonprime MBS

April 8, 2016
Fitch Ratings revised its criteria for rating non-agency mortgage-backed securities backed by non-qualified mortgages last week. The new standards set the stage for Fitch to rate nonprime non-QM MBS. The new non-QM criteria from Fitch include expanded product assumptions for rating nonprime mortgages and loans to self-employed or non-wage-earning borrowers. When determining litigation liability, Fitch said it will make a distinction between non-QMs for “very high ...
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