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News Briefs

June 10, 2011
Strategic defaulters display a different type of credit behavior than distressed borrowers who miss payments, according to new research from FICO. “Strategic defaulters tend to be more savvy managers of their credit than the general population, with higher FICO scores, lower revolving balances, fewer instances of...
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Signs of Life in Jumbo Mortgage Market, But Agencies Still Taking Huge Portion in 2011

June 9, 2011
Jumbo mortgage originations held up better than the overall market in early 2011, but more of the strength in the sector came from agency programs, according to a new Inside Mortgage Finance ranking and analysis. Mortgage lenders originated an estimated $51.2 billion of new loans that exceeded the bench-mark $417,000 conforming loan limit during the first quarter of 2011. That was down 7.8 percent from the fourth quarter of last year, a much better showing than the 35.0 percent downturn in total mortgage originations during the same period. In fact, loans exceeding $417,000 accounted for...[includes two data charts]
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10-State Settlement with Weichert Financial Brings About Host of Changes in Lender’s Business Practices

June 9, 2011
Weichert Financial/Mortgage Access Corp., an agency/jumbo mortgage lender in 43 states, reached a settlement with the banking regulators of 10 states after a multi-state examination found numerous compliance and internal control deficiencies, including the use of an “interstate lending desk” to facilitate the origination or completion of mortgage applications by originators that were not licensed in the appropriate jurisdictions. “The multi-state mortgage examination program was initiated to enhance consumer protection, foster a culture of compliance within the industry, and hold...
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Prospects of Non-Agency Revival Up for Debate

June 3, 2011
The future size and form of the non-agency market continue to be debated even as a number of market participants take significant steps toward reviving issuance of non-agency mortgage-backed securities. One thing is certain: Redwood Trust is no longer alone in its efforts to revive the non-agency market.Goldman Sachs has reportedly acquired more than $1.0 billion in jumbo mortgages via the conduit it established last year. The investment bank is reportedly paying a premium for the loans and plans to issue a non-agency MBS this year. This week, Shellpoint Partners, a specialty finance company, acquired...
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QRM Treatment of MBS Excess Spread a Concern

June 3, 2011
Risk-retention rules proposed by federal regulators could limit a popular form of non-prime risk retention, perhaps unintentionally. The treatment of excess spread on non-agency jumbo mortgage-backed securities is also a concern. Tom Deutsch, executive director of the American Securitization Forum, warned that excess spread retained by a deal’s sponsor would not count as risk retention under the qualified residential mortgage proposed rule. In securitizations of non-prime loans, the excess spread typically would be treated as the...
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Buyback Lawsuits to Increase as Time Runs Out

June 3, 2011
Statutes of limitation will soon force undecided non-agency mortgage-backed security investors into action, according to industry attorneys. Josh Silverman, counsel at Pomerantz Haudek Grossman & Gross, noted that many investors will lose buyback claims if they do not act shortly. In May, Option One Mortgage was the latest non-agency MBS issuer to be hit with repurchase requests. A group of investor clients organized by Talcott Franklin claimed that Option One improperly...
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American Home Proposes Principal Reduction Plan

June 3, 2011
Officials with American Home Mortgage Servicing have proposed a plan that they claim will prompt principal-reduction loan modifications without strategic defaults by borrowers. The proposal involves short sales – not of homes owned by distressed borrowers – but of distressed mortgages held by non-agency mortgage-backed securities.Jordan Dorchuck, an executive vice president, chief legal officer and secretary at American Home, submitted the proposal to the Treasury Department in May. He estimated that...
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GSE Fines Likely to Impact Non-Agency Servicing

June 3, 2011
The impending overhaul of the government-sponsored enterprises’ servicing guidelines will likely have a negative impact on the servicing of non-agency mortgages, according to industry analysts. The agency servicing overhaul includes financial incentives and penalties, which prompted a warning from Moody’s Investors Service. “Because of the incentives and penalties, servicers will likely shift their focus to loans backing the GSEs’ MBS and away from loans in private-label MBS,” Moody’s said. “This shift will mean that...
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Non-Agency Servicers Agree to Various Settlements

June 3, 2011
The Financial Industry Regulatory Authority reached settlements last week with two non-agency mortgage-backed security issuers regarding delinquency data and other reporting requirements. Three other non-prime servicers also recently settled with regulators regarding servicing practices. FINRA fined Credit Suisse Securities $4.5 million and Merrill Lynch $3.0 million for alleged violations of Regulation AB. The issuers neither admitted nor denied the charges. “Credit Suisse and Merrill Lynch failed to monitor and supervise the reporting of historical delinquency rates, depriving investors of...
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Shared-Equity Product Pushed as HEL Alternative

June 3, 2011
Officials with Home Equity Securities have started to lobby the Obama administration regarding an alternative to home-equity loans known as the home-equity fractional interest security. HES said the HEFI security could create a market as big as the U.S. stock market without increasing mortgage risk. Under HES’ proposal, a shared-equity investor would match a borrower’s downpayment and share in any home price appreciation. HES received a patent for the product in 2009. HES officials envision...
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