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IRS Says Mortgage Excess Servicing Spreads Are ‘Real Estate Assets’ Under REIT Tax Law

August 1, 2013
Mortgage real estate investment trusts can draw some guidance from a recent private-letter ruling from the Internal Revenue Service on whether excess spread on mortgage servicing rights can be deemed as real-estate assets for REIT purposes. According to a recently released IRS private-letter ruling dated April 12, certain excess servicing rights would constitute a real-estate asset, and income from the spread would be treated as interest on obligations secured by mortgages on real property, for purposes of tax rules governing REITs. MSRs generally represent...
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Freddie Issues CDO-Like Risk-Sharing Transaction, Investor Base Seen as Limited

July 26, 2013
Freddie Mac this week issued the first in a series of planned transactions from the government-sponsored enterprises to share risk with the non-agency market. Industry analysts suggest that while the transaction represents a good value for investors, the audience for the transactions structured like a synthetic collateralized debt obligation is limited. The Structured Agency Credit Risk Debt Notes 2013-DN1 included a total of $500 million in two non-guaranteed tranches sold to investors with 10-year terms, according to non-agency market participants. The STACR reference pool consists...
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Freddie Issues Non-Agency Risk-Sharing Deal

July 26, 2013
Freddie Mac sold $500 million in non-guaranteed credit risk this week as part of an effort to eventually reduce the government-sponsored enterprises’ market share and help price their guaranty fees. While non-agency investor appetite for the transaction was strong, industry analysts suggest that the deal has limited usefulness for the long-term goals set by the Federal Housing Finance Agency. The Structured Agency Credit Risk Debt Notes Series 2013-DN1 included four tranches, all unrated. The two mezzanine ...
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Securitization of Re-Performing Residential Mortgages Begins to Gain Traction in 2013

July 19, 2013
It’s no secret that the market for nonperforming mortgages has improved nicely this year, but now there are signs of life in the “re-performing” sector as well, especially among investors that hope to package and securitize the notes. According to Jeana Curro, director of agency MBS strategy for Royal Bank of Scotland, the re-performing MBS market is small, “although not insignificant.” But getting a true handle on MBS backed by re-performing loans can be...
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Higher Capital Requirements for Non-Agency MBS

July 12, 2013
Beginning Jan. 1, capital requirements for bank holdings of certain non-agency mortgage-backed securities will begin to increase. The changes were included in the Basel III reforms approved by federal banking regulators last week. The Basel III final rule includes the simplified supervisory formula approach in lieu of the use of credit ratings to determine capital requirements for holdings of non-agency MBS. The SSFA relies on the 90+ delinquency rate, risk weights of the underlying exposures ...
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Freddie Mac to Sell Risk-Sharing MBS

July 12, 2013
After long delays, Freddie Mac is close to selling a mortgage-backed security that will include non-agency risk-sharing features. The sale will be part of efforts by the two government-sponsored enterprises to test risk-sharing arrangements on at least $30 billion of business this year, as required by the Federal Housing Finance Agency. A Freddie spokesman said it is “premature” to comment on any deals, but those with knowledge of the pending issuance said the GSE hired Credit Suisse to help market the security ...
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Concern About Underwriting Reps and Warrants

July 12, 2013
Investors in new non-agency jumbo mortgage-backed securities are particularly concerned about representations and warranties regarding mortgage underwriting. Investors at a recent roundtable hosted by Standard & Poor’s stressed that particular risks should be borne by the party with the best information. “Since originators and arrangers are in a better position to ascertain the true quality of the loans, [investors said] reps and warrants should serve to protect investors from risks arising from ...
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FHA Adopts MISMO Standards for TOTAL

July 12, 2013
The Department of Housing and Urban Development is adopting the mortgage banking industry’s data standards format for the FHA’s TOTAL Mortgage Scorecard, which HUD uses to evaluate the credit risk of FHA loans that are submitted through an automated underwriting system. The standards were developed by the Mortgage Industry Standard Maintenance Organization (MISMO), a nonprofit subsidiary of the Mortgage Bankers Association. MISMO is an open data standards group that promotes consistency among mortgage transaction participants to reduce loan processing costs, increase transparency, and ultimately ...
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Ginnie Mae MBS Issuances Up in First Half of 2013

July 12, 2013
Ginnie Mae guaranteed more than $216.9 billion in mortgage-backed securities during the first half of 2013, up 18.8 percent from the same period last year. Issuance was also up 8.0 percent in the second quarter from the first quarter, according to an Inside FHA Lending analysis of Ginnie Mae data. Not surprisingly, a significant share – $132.8 billion – of Ginnie Mae MBS issuances over the six-month period were backed by FHA loans. VA accounted for $72.1 billion while Rural Housing Service loans totaled $10.5 billion. Ginnie Mae issuances dropped during the first quarter but surged in the second quarter as ... [1 chart]
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Non-Agency MBS Issuers Resist Calls To Standardize Reps and Warrants

July 3, 2013
Issuers of new non-agency MBS continue to resist requests from investors to standardize reps and warrants for new issuance. Issuers suggest that investors will eventually differentiate pricing between deals based on reps and warrants, but it hasn’t happened yet. “Securitization platforms do – and will likely continue to – differ in terms of the scope of the reps and warrants provided,” according to analysts at Standard & Poor’s. “While standardizing reps and warrants would be a step towards improving transparency in the residential MBS market, the new issue jumbo market has shown substantial diversity even with relatively few recent transactions.” S&P recently hosted...
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