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BofA Settlement Centers on MBS Disclosures

August 29, 2014
Bank of America last week agreed to a record settlement with the Department of Justice and others, largely involving non-agency mortgage-backed securities issued from 2003 through 2008. Officials at the DOJ said the settlement focused on disclosures provided by BofA and its affiliates, including Countrywide Financial, First Franklin and Merrill Lynch, to investors in the bonds. “It’s kind of like going to your neighborhood grocery store to buy milk advertised as fresh, only to discover that ...
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SEC Sets New Rule for Ratings, Due Diligence

August 29, 2014
The Securities and Exchange Commission this week approved a final rule with new requirements for rating services and due diligence providers. The rule was approved on a 3-2 vote, with the SEC’s two Republican-appointed commissioners chafing at standards required by the Dodd-Frank Act. Among other provisions, the SEC is requiring nationally recognized statistical rating organizations to strengthen their internal controls, establish new procedures designed to protect the integrity of rating methods ...
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News Briefs

August 29, 2014
Goldman Sachs agreed to a settlement with the Federal Housing Finance Agency last week to resolve claims about non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac before the financial crisis. The FHFA said the settlement will cost Goldman $1.20 billion and the firm will buyback non-agency MBS from the government-sponsored enterprises. The original balance of the securities owned by Fannie and Freddie that Goldman will buyback is ... [Includes five briefs]
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GNMA Unable to Use $200 Million Windfall

August 29, 2014
Roughly $1 billion in damages will flow through to the FHA and Ginnie Mae from Bank of America’s record $16.65 billion global mortgage-backed securities settlement with the Department of Justice. Although most of the DOJ’s case centered around faulty private-label MBS that BofA and its forbears (namely Countrywide and Merrill Lynch) underwrote during the housing boom, a small piece of the settlement is tied to servicing chores that the bank did for Ginnie Mae. And apparently, BofA didn’t do a very good job of servicing the underlying product. The bank took over as the subservicer on roughly $26.2 billion in mortgage servicing rights that once belonged to Taylor, Bean & Whitaker, a large nonbank based in Ocala, FL. When TBW went bust in the second half of 2009, BofA was given the subservicing contract. “BofA serviced the loans for us,” said Ginnie Mae president Ted Tozer. “And they did a ...
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SEC Revamps Requirements for Rating Services, Due Diligence Firms

August 28, 2014
Brandon Ivey
Due diligence providers that work on MBS and ABS also will have to provide certifications to the rating services which will be disclosed on each rating issued.
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Fannie Mae and Freddie Mac Continue to Lose MBS Market Share

August 28, 2014
John Bancroft
Since the collapse of the non-agency market back in 2008, Fannie and Freddie have generally accounted for over 70 percent of new MBS production.
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SEC Rule Mandates 3-Day Waiting Period for Non-Agency MBS Issuance

August 27, 2014
Brandon Ivey
However, non-agency MBS issuers won a slight concession on the matter: the SEC had initially proposed a five-day waiting period.
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Earthquakes, Hurricanes Not Much of a Risk for Investors in Non-Agency MBS

August 26, 2014
Brandon Ivey
Barclays said few loans in vintage non-agency MBS were exposed to the recent earthquake.
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Short Takes: Will the FHFA Extend the Comment Period for MI Firms? / Some Consumers Believe HARP is a Scam / Freddie (and Fannie) Got Taken by a Wolf / Bill Erbey (Indirectly) Owns a Much Larger Stake in Altisource

August 26, 2014
Paul Muolo
Indirectly, Bill Erbey controls about 5.9 million shares of Altisource through a limited liability company called Salt Pond Holdings.
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SEC Set to Vote on Non-Agency MBS Rules Requiring Increased Disclosure and Credit Ratings

August 25, 2014
Brandon Ivey
The Securities and Exchange Commission proposed controversial changes that would place greater burdens on MBS issuers and potentially increase privacy concerns for borrowers.
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