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Eminent Domain is Back, Advancing in a Handful of Local Communities, And Challenged on Capitol Hill

April 26, 2013
Many people in the mortgage lending and securitization sectors thought the controversial eminent domain plan pushed by Mortgage Resolution Partners was graveyard dead after suffering a few high-profile defeats in various locales throughout the country. They were wrong. Now, a number of interested industry parties are back on the defensive, trying to convince city officials in Richmond, CA, to abandon a new advisory arrangement with MRP and to discourage local government representatives in North Las Vegas, NV, to not reach a similar agreement with the firm. In both instances, the plan being advanced by MRP would involve...
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Proposed Changes to NAIC Modeling Could Lead to Increased Expected Losses, Sales of Non-Agency MBS

April 26, 2013
The National Association of Insurance Commissioners recently proposed changes to modeling values of insurance company holdings of non-agency MBS and commercial MBS. The proposal could increase loss forecasts and prompt some sales of the securities, according to analysts. The NAIC proposed using the Treasury strip curve as the discount rate in determining the net-present value of expected loss for modeled securities, as opposed to using each security’s coupon rate to determine expected losses. The standard-setting group governed by state insurance regulators noted that the Treasury strip curve is a risk-free curve. “Using a consistent risk-free rate for all modeled securities in calculating the expected loss reflects...
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Commercial Mortgage Securitization Streaks to Post-Crash Record in Early 2013 as the Non-Agency Sector Heats Up

April 26, 2013
Securitization of income-property mortgages jumped 23.0 percent from already strong levels during the first three months of 2013, according to a new Inside MBS & ABS market analysis. A total of $47.61 billion of commercial MBS were issued during the first quarter, including a variety of non-agency deals as well as multifamily MBS issued by Fannie Mae, Freddie Mac and Ginnie Mae. That was the strongest level since structured finance markets tanked in 2008. The previous post-crash high was...[Includes one data chart]
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A Publicly Traded Mutual Fund is Buying Whole Loans, But Will it Securitize Them?

April 26, 2013
The Vertical Capital Income Fund is a publicly traded mutual fund whose stated goal is to buy whole loans from banks and nonbanks, providing an attractive yield to its investors. But will it ever get around to securitizing its holdings? For now, the answer to that question appears to be no, but it’s something the fund is looking into. “Let’s put it this way; we’ve discussed the possibility,” said Richard Mason, vice president of secondary marketing for the company. Part of Vertical’s problem is...
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S&P Accuses U.S. of ‘Overreach’ in Government’s Ratings Fraud Lawsuit; Appeals Court Sides With AIG Over BofA

April 26, 2013
Standard & Poor’s this week deployed legal countermeasures against the federal government by asking a judge to dismiss a civil fraud lawsuit brought against the rating agency, slamming the litigation as an “overreach.” In February, the Justice Department filed a $5.0 billion lawsuit against S&P accusing it of knowingly inflating its ratings on residential MBS and collateralized debt obligations to boost its revenue and market share in the years leading up to the 2008 financial crisis. The filing in California federal court by S&P’s parent company, McGraw-Hill Co., says...
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Mortgage Resolution Partners Continues to Push ‘Eminent Domain’ Issue

April 26, 2013
Thomas Ressler
Industry groups argue that the Mortgage Resolution Partners proposal on eminent domain and MBS raises serious legal and constitutional issues.
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Moody’s Developing a New Approach to Addressing Tail Risk in RMBS as Market Recovery Continues

April 26, 2013
Moody’s Investors Service has come up with a monitoring approach to evaluating “tail risk” in non-agency MBS that pay scheduled principal and prepayments to the securities on a pro-rata basis and assessing the adequacy of the credit enhancement available to the rated securities. Tail risk is what might be described as the “end of life” risk of a disproportionately large loss (based on current balance of the pool) on the underlying pool at the end of a transaction’s term when few loans remain in the pool and credit enhancements, although high in percentage terms, may be very low in dollar terms. The proposed change in approach at Moody’s will mostly affect...
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Commercial Mortgage Securitization Streaks to Post-Crash Record

April 26, 2013
John Bancroft
The commercial MBS market is starting to catch fire. Moreover, a new report from Fitch notes that commercial delinquencies continued to fall last year, a trend that will continue.
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Fannie Mae NPL Auction Could Be a Dead Idea

April 26, 2013
Fannie Mae’s plan to unload, potentially, billions of dollars of non-performing residential loans has been delayed and may be killed, according to industry officials who’ve been tracking the project. “It’s going nowhere, but it’s not like there’s a requirement for them to say so publicly,” said one advisor who is a vendor to Fannie. The GSE, to date, has declined to discuss the issue – along with its regulator, the Federal Housing Finance Agency. Fannie has been working on an NPL sale for close to a year, and even hired an investment banker, Milestone Advisors LLC, to guide it through the auction process. Initially, it had hoped to offer a package of $250 million of delinquent home mortgages for sale to the highest bidder.
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Lehman Sues FHLB Cincinnati for Unpaid Swaps

April 26, 2013
The Federal Home Loan Bank of Cincinnati says a unit of Lehman Brothers Holdings is not entitled to a multimillion dollar payday because the FHLBank did not short change the firm when it closed out swaps and options transactions ahead of Lehman’s 2008 bankruptcy. Last week, Lehman filed a breach of contract lawsuit in Manhattan federal court connected to 87 derivative transactions or interest-rate swaps with the FHLBank that fell apart when Lehman entered bankruptcy on Sept. 15, 2008, at the height of the financial crisis.According to its lawsuit, Lehman says the Cincinnati Bank violated its agreement by paying only $13.7 million when the transactions were terminated due to the firm’s Chapter 11 filing.
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