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CA Supreme Court’s ‘Narrow’ Ruling on RMBS Foreclosure Could Have Broad Ramifications

February 26, 2016
The California Supreme Court late last week issued a ruling in a case where a borrower challenged the foreclosure of a loan that was included in a non-agency MBS issued in 2007. The court allowed the borrower’s claims to proceed, which could prompt a significant increase in foreclosure-related litigation for California mortgages in non-agency MBS. An opinion authored by Kathryn Werdegar, an associate justice of the California Supreme Court, stresses that the court’s ruling in Yvanova v. New Century Mortgage is narrow. “We hold only that a borrower who has suffered a non-judicial foreclosure does not lack standing to sue for wrongful foreclosure based on an allegedly void assignment merely because he or she was in default on the loan and was not a party to the challenged assignment,” Werdegar said. The ruling left...
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Significant Volume of Home Loans Backing Agency MBS Have Coupons Near the Refinance Zone

February 26, 2016
The unexpected decline in mortgage rates this year has moved a significant portion of the agency MBS market into the zone where it’s worthwhile for borrowers to refinance, according to a new analysis of agency MBS data by Inside MBS & ABS. As of the end of December, some 24.4 percent of loans backing Fannie Mae, Freddie Mac and Ginnie Mae MBS had mortgage rates ranging from 4.01 percent to 4.50 percent. Altogether, $1.500 trillion of existing single-family mortgages were in that bucket. According to Inside Mortgage Finance, the average offering rate for 30-year fixed-rate conventional mortgages this week was...[Includes one data table]
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SEC Staff Issues Guidance on EDGAR Filings for ABS Issuers

February 26, 2016
Last week, the Securities and Exchange Commission provided new guidance, in a question and answer format, about certain programming changes to its online disclosure system that have been made to support recently adopted revisions to Regulation AB and new Exchange Act Rule 15Ga-2. More specifically, the guidance covers the procedures that a filer must use in the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system that enable it to file a preliminary prospectus and to furnish Form ABS-15G, along with accompanying tables and third party due-diligence reports. It also addresses...
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Jumbo MBS Less Attractive for Issuers

February 26, 2016
Many issuers of jumbo mortgage-backed securities appear to have pulled back from the market due to weak demand from investors. Thus far in 2016, only two jumbo MBS have been issued. At the same point in 2015, eight jumbo deals had been issued. Hatteras Financial issued its first jumbo MBS in December. Last week, officials said the real estate investment trust will reduce its capital allocation to jumbo securitization business this year. “Until the yield curve steepens and ...
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What We’re Hearing: The Mother of All GSE Bets / If Fairholme’s Berkowitz is Wrong… / Why Would the U.S. Even Entertain Settlement Talks? / PHH Management Believes / PIMCO on the Hunt

February 26, 2016
Paul Muolo
One of those GSE watchers is Bose George of Keefe, Bruyette & Woods, who told us: “I see no reason for the administration to negotiate in any meaningful way with the plaintiffs..."
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FHA Securitization Volume Down in 4Q, Correspondents Report Gains

February 26, 2016
Delivery of FHA loans into Ginnie Mae pools declined 21.6 percent in the fourth quarter from the previous quarter, with correspondents accounting for the bulk of FHA loans securitized during the period, according to an Inside FHA/VA Lending analysis of Ginnie Mae data. FHA loans securitized in Ginnie mortgage-backed securities totaled $57.8 billion in the fourth quarter. Approximately $40.6 billion were purchase loans, down 20.6 percent from the previous quarter. MBS backed by FHA refinance loans totaled $17.2 billion, down 23.9 percent from the prior quarter. Correspondents and retail lenders accounted...[Includes two data tables]
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In Terms of Production Declines, Retail Suffered the Least in 4Q15

February 25, 2016
John Bancroft
In the wholesale/broker channel, United Wholesale was the volume leader for the year…
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The Brutal Downdraft in Rates May Have Caused Problems for Lenders Selling Into MBS

February 25, 2016
Paul Muolo
Originators that fund billions of dollars each quarter use futures and options to hedge their pipelines. It’s the smaller players that may have encountered secondary-market charges.
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Loan Delinquencies Highest in the Fourth Quarter 2015, Foreclosure Starts Down

February 25, 2016
Mortgage delinquency rates continued their upward trend in the fourth quarter of 2015 with the highest percentage of delinquencies recorded for the year, according to the Inside Mortgage Finance Large Servicer Delinquency Index. About 5.98 percent of the $5.194 trillion in home loans covered in the survey were in some stage of default as of Dec. 31, 2015. That was up from 5.85 percent in the third quarter of last year, but down from the 6.53 percent in the fourth quarter of 2014. The number of loans that were more than 90 days late witnessed the largest uptick, growing from 1.62 percent to 1.71 percent. The only category that showed any kind of a decrease was...[Includes one data table]
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Fairholme Chief Claims There Were ‘Settlement Communications’ Between the Fund and Government Over the GSE Net Worth Sweep

February 24, 2016
Paul Muolo
Fairholme is feeling the heat from investors over poor performance, with Berkowitz noting the fund’s returns have “put us in the dog house.”
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