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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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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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GNMA Market Slumped in 1Q16, But Monthly Data Show Rebound

April 8, 2016
Ginnie Mae issued $93.41 billion of single-family mortgage-backed securities during the first three months of 2016, an 8.6 percent drop from the previous quarter, according to a new Inside FHA/VA Lending analysis of loan-level MBS data, excluding FHA reverse-mortgage activity. Early 2016 was the slowest market in a year for Ginnie MBS production, though it still was stronger than most of the agency’s pre-2015 business. And issuance in the first quarter of 2016 was 17.0 percent ahead of the volume produced during the same period last year. The soft spot in the first quarter was FHA lending, especially purchase-mortgage activity. Issuers delivered $54.44 billion of FHA loans into Ginnie MBS during the period, a 12.1 percent drop from the fourth quarter, including a 15.0 percent decline in FHA purchase mortgages. Securitization of VA loans fell by a ... [4 charts].
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Investors Warn the CFPB About Chilling Effect of the TRID Rule

April 4, 2016
The Association of Mortgage Investors wrote to the CFPB last week for guidance on the integrated disclosure rule known as TRID, warning that the marketplace woes stemming from the new rule may extend to the conforming mortgage loan market. “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,” said Chris Katopis, executive director of the AMI. Further, “We urge the bureau to open a new public comment period to address the concerns of mortgage investors,” he added. “We seek formal written guidance clarifying the liability for a violation of each individual TRID requirement, as well as the scope and applicability of ...
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Want TRID Compliance? First Meet These 150 Requirements

April 4, 2016
A single mortgage would have to meet nearly 150 requirements to achieve compliance with the TRID integrated disclosure rule, according to a framework proposed last week by members of the Structured Finance Industry Group. Third-party due diligence firms will test loans for most of the rule’s requirements, according to a draft of the TRID compliance “review scope” obtained by Inside Nonconforming Markets, an affiliated publication. Since the integrated disclosure rule took effect in October, due diligence firms have found widespread violations on non-agency mortgages, limiting sales of loans with violations due to liability concerns. The SFIG proposal suggests that many of the TRID compliance violations could be cured after being uncovered by a due diligence firm, but violations of about ...
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Due Diligence Firms Working to Standardize Reviews for TRID Compliance, Helping Non-Agency MBS Issuance

March 25, 2016
Due diligence firms led an effort to issue a draft proposal late last week that would establish a standardized approach for reviewing compliance with the TRID mortgage-disclosure rule. The effort organized by the Structured Finance Industry Group was met with praise by industry participants. “The draft proposal represents a significant step forward for developing an industry standard treatment of errors related to the new residential mortgage disclosure requirements,” Fitch Ratings said. TRID is industry shorthand for a new integrated disclosure rule that covers requirements under the Truth in Lending Act and the Real Estate Settlement Procedures Act. Third-party due diligence providers have identified...
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Watt Says New GSE High-LTV Refinance Program Will Not Be an Option for Existing HARP Borrowers

March 25, 2016
The new refinance program being developed for Fannie Mae and Freddie Mac borrowers with high loan-to-value ratios will not be available for homeowners who have already used the Home Affordable Refinance Program, according to the regulator of the two government-sponsored enterprises. The Federal Housing Finance Agency this year directed Fannie and Freddie to develop a replacement program for HARP, which will sunset at the end of 2016. MBS investors have been concerned...[Includes one data table]
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Payments on a Re-Performing Non-Agency MBS from Credit Suisse Misdirected Due to Reporting, Communication Issues

March 25, 2016
Payments were improperly allocated among tranches of a $644.12 million non-agency MBS issued in November 2014 for about a year before being addressed, according to the firms that placed ratings on the deal. RPMLT 2014-1 Trust was issued by Credit Suisse’s DLJ Mortgage Capital and backed by re-performing mortgages. The payment problems appear to be tied to improper reporting by Rushmore Loan Management Services, the servicer of the MBS, and Wells Fargo Bank, the securities administrator for the deal. Fitch Ratings said...
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