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SIFMA Recommends More Front-End GSE Risk-Transfer Deals, Bigger Role for REITs

December 18, 2015
The Securities Industry and Financial Markets Association advised Capitol Hill that the successful government-sponsored enterprise credit risk-sharing programs could be improved to increase liquidity and investor interest. In a letter to Sen. Richard Shelby, R-AL, chairman of the Senate Banking, Housing and Urban Affairs Committee, the Wall Street group said, “Up-front risk-sharing could make housing finance more efficient and sustainable by allowing the GSEs to achieve day-one risk transfers without having to warehouse credit risk until it can be distributed in a back-end credit transfer transaction.” It added...
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Fed Begins First in a Series of Small Rate Increases, Impact May be Worse on CMBS Than on RMBS

December 18, 2015
The seven-year-old era of zero interest rates finally came to an end this week when the Federal Reserve began what may be the first in a series of small rate hikes, opting for a modest 25 basis point rise in the federal funds rate. However, the U.S. central bank also implied it expects four more quarter-point interest rate increases next year. The median projection among Fed Open Market Committee participants for the federal funds rate rises gradually to nearly 1.50 percent in late 2016 and 2.50 percent in late 2017, Fed chair Janet Yellen said in discussing the central bank’s latest moves. Further, as the factors restraining economic growth continue to fade over time, in their view, the projected median rate rises...
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Securities Groups Cite Impact from Madden Ruling in Effort To Get Supreme Court to Reverse Lower Court’s Ruling

December 18, 2015
A precedent-setting court case decided in May has disrupted the MBS and ABS markets, according to the Securities Industry and Financial Markets Association and the Structured Finance Industry Group. The trade groups filed an amicus brief to the Supreme Court of the United States late last week, calling for the court to hear an appeal of the ruling in Madden v. Midland Funding. In May, the U.S. Court of Appeals for the Second Circuit ruled that federal preemption under the National Bank Act doesn’t apply to nonbanks that purchase loans from banks. The Madden ruling subjects nonbank purchasers of loans originated by banks to state usury laws. If a bank’s preemption from such laws isn’t transferred when a nonbank acquires a loan originated by a bank, the loan can be...
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2016 Outlook for RMBS Sector Stable; Credit Quality, Loan Performance Remain Strong Despite Challenges

December 18, 2015
The U.S. residential MBS sector will continue its slow, steady recovery in 2016 amid a host of challenges, showing further improvement in housing fundamentals, credit quality and mortgage performance, according to analysts. The challenges to MBS structured financing boil down to the following: tapering of Federal Reserve investment in MBS, MBS supply and demand, interest rates and prepayment risk. Fitch Ratings notes...
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NCUA Chalks Up Another RMBS Settlement As Morgan Stanley Agrees to Pay $225 Million

December 18, 2015
The legacy of the housing bust continues to play out in the enforcement arena. Last week, the National Credit Union Administration announced a $225 million settlement with Morgan Stanley, bringing to a close litigation stemming from the purchase of allegedly faulty residential MBS by four corporate credit unions that ultimately failed. The settlement addresses claims brought in 2013 by the NCUA on behalf of U.S. Central Federal Credit Union, Western Corporate FCU, Members United Corporate FCU and Southwest Corporate FCU. As a result of the settlement, the NCUA will dismiss pending suits against Morgan Stanley in federal district courts in New York and Kansas. The firm did not admit...
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Basel Proposes Credit Ratings to Gauge Certain Credit Risk, Likely Setting Up Divergence Among Regulators

December 18, 2015
The Basel Committee on Banking Supervision issued a revised proposed standardized approach for gauging credit risk, making adjustments suggested by industry participants. Among the revisions was the allowance for certain banks to use external credit ratings as part of determining capital requirements for credit risk. While regulators in various countries appear likely to adopt the proposed use of credit ratings, U.S. banking regulators wouldn’t be able to due to provisions in the Dodd-Frank Act. Anticipating the divergence among regulators, the BCBS noted that banks would classify exposures into three different buckets, provided that certain minimum criteria are met. U.S. banking regulators noted...
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Look for TRID Compliance Exams by Mid-Year 2016; Fear of a Credit Crunch?

December 17, 2015
Paul Muolo and Thomas Ressler
The CFPB will scrutinize a lender's TRID training and, potentially its handling of early technical problems, said one webinar panelist...
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Angel Oak Issues Largest Post-Crisis Nonprime MBS

December 17, 2015
Brandon Ivey
Both this bond and one recently marketed by Beach Point Capital – which included mortgages funded by Citadel Servicing Corp. – were oversubscribed.
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FHFA GSE Scorecard for 2016: A Lot More Credit Risk Transfers, Looser Underwriting, More…

December 17, 2015
Paul Muolo
The FHFA also is promising to evaluate GSE underwriting criteria to improve access to single-family credit...
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Short Takes: Comments Being Taken on Front-End Risk Sharing / FHFA Contemplates MIs Once Again / Will Stock Buyback Help Nationstar? / The Fed Hikes Rates and Mortgage Bankers Yawn / Apps Up

December 17, 2015
Brandon Ivey, Paul Muolo, and Sherry Muolo
The Fed hiked rates. So what! It was already built into current pricing...
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