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FINRA Requests Comment on Reducing Settlement Cycle To Determine Economic Impact to Industry, Investors

March 11, 2016
After much discussion over the past two years, the Financial Industry Regulatory Authority put out a request for comment last week regarding its proposed amendments to shorten the settlement cycle for U.S. secondary market transactions from three business days to two business days by late 2017. Industry representatives said a shorter, two-day settlement timeframe will promote financial stability and significantly mitigate risks to the financial system. FINRA seeks specific input regarding the direct or indirect impacts that the change may have on investors. The last time the settlement cycle was shortened was in 1995, when it went from five business days after the trade date to the current three days. Since then, the Securities and Exchange Commission and financial services ...
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Banks Pushed Redwood Out of GSE Lending

March 11, 2016
Competition from banks for conforming mortgages prompted Redwood Trust to discontinue its aggregation of mortgages for sale to the government-sponsored enterprises, according to officials at the real estate investment trust. “The business assumption that has changed is that we no longer believe that our conduit can generate sufficient conforming loan sale margins, primarily due to the unrelenting competitive pricing pressure from some major banks,” Redwood said in a document ...
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FHA, VA Outpace Private MIs in ’15, VA Lending Surges in Old Dominion

March 11, 2016
With only a few isolated exceptions, VA and FHA lending was up sharply across the country last year, outstripping the private mortgage insurance business in nearly every state of the U.S., according to a new analysis by Inside FHA/VA Lending. Overall, FHA single-family mortgages securitized by Ginnie Mae increased 60.5 percent from 2014 and VA production was up 39.4 percent. Meanwhile, Fannie Mae and Freddie Mac posted a more subdued 26.2 percent increase in privately-insured loan volume. California remained the biggest mortgage market for the FHA, VA and private MIs, as well as uninsured mortgages. The FHA clearly won the mortgage insurance battle, boosting its share of insured loans in the Golden State from 41.1 percent in 2014 to 49.2 percent last year thanks to a whopping 89.8 percent jump in business. California had one of the highest concentrations of ... [ 3 charts ]
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USDA MBS Issuance Down in 2015, Leading Five Issuers Lose Share

March 11, 2016
Ginnie Mae securitization of rural home loans declined in 2015 as securitization volume in the segment fell in the fourth quarter, according to an Inside FHA/VA Lending analysis of Ginnie Mae data. A total of $18.1 billion in USDA loans were securitized in 2015, with the top five issuers accounting for $10.2 billion delivered into Ginnie (based on numbers below) MBS pools. Some $4.5 billion of MBS backed by rural home loans with the U.S. Department of Agriculture guarantee were issued in the fourth quarter, down 12.5 percent from the previous quarter. USDA MBS issuance also dropped 9.0 percent in 2015 from 2014 volume levels, with all of the top five issuers losing ground year-over-year as well as in the fourth quarter. Chase Home Finance remained the top issuer of securitized rural home loans, accounting for $5.6 billion in Ginnie MBS issuances last year. Second-place Wells Fargo, ... [ 1 chart ]
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All Eyes on FHFA as GSE Capital Wanes; Tweaking the Timing of the 'Earnings Sweep' Could Buy Some Time

March 10, 2016
If Freddie Mac needs a cash draw from the U.S. Treasury this year because of hedging losses, the Treasury Department could avoid tapping taxpayer funds by changing the quarterly sweep of the government-sponsored enterprise’s profits to an annual payment. That way, cash could stay on the books of a GSE longer and could be tapped in the event of a loss. At least that’s the legal theory being kicked around by several industry officials – including trade group representatives – who fear the political ramifications of a GSE needing Treasury assistance. To change the quarterly earnings sweep, the Federal Housing Finance Agency in conjunction with Treasury would have to change the terms of the conservatorships by altering the preferred stock...
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Federal Court Rulings Say Fannie and Freddie Are Private Companies Under Certain Laws

March 10, 2016
A recent federal appeals court ruling that held Fannie Mae and Freddie Mac are private companies under the False Claims Act, and not government agencies, has stoked speculation about what it means for shareholder lawsuits challenging the Treasury Department’s net-worth sweep of capital from the two government-sponsored enterprises. On Feb. 22, the Ninth Circuit Court of Appeals ruled that claims cannot be brought against the GSEs under the False Claims Act because they are private companies. In United States ex rel. Adams v. Aurora Loan Services, Inc., et al., the government alleged FCA claims against a handful of lenders because of erroneous representations and warranties, similar to a number of FCA lawsuits successfully...
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More Buyback Relief Ahead?

March 10, 2016
The independent dispute-resolution option recently announced by Fannie Mae and Freddie Mac was billed as the last step in the three-year effort to re-duce seller buybacks, but the govern-ment-sponsored enterprises have a new project in the works. The GSEs are working on a “com-plementary effort to assess the possibility of granting appraisal-related representation-and-warranty relief shortly after acquiring a loan,” the Federal Housing Finance Agency revealed in its recent progress report on the GSEs. Fannie and Freddie last year rolled out new tools to help lenders assess appraisal quality...
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PennyMac Arranges Third Front-End Risk-Sharing Transaction with Fannie, Earning Strong Returns

March 10, 2016
PennyMac Mortgage Investment Trust recently entered into its third front-end risk-sharing trans-action with Fannie Mae. The real estate investment trust said it has seen strong returns from such deals, potentially paving the way for other lenders to directly share credit risk with the government-sponsored enterprises. The third credit-risk transfer agreement between PennyMac and Fannie involves $5.0 billion in unpaid principal balance of mortgages acquired by the nonbank from correspondents. In a slide presen-tation, the REIT said it expects to invest $175.0 million as part of the CRT deal. PennyMac also recently completed deliveries into its second CRT transaction with Fannie. The agreement involved mortgages with an unpaid principal balance of $4.25 billion and a $149 million in-vestment by the REIT.
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Federal Banking Agencies Detail When Lenders Can Use Property Evaluations Over Appraisals

March 10, 2016
In hopes of clearing up some disputes among banks about the effectiveness of property evalua-tions, federal banking regulatory agencies clarified when it is appropriate to use evaluations in place of the more detailed appraisals in real estate transactions. The Office of the Comptroller of Currency, along with the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corp., said in a joint advisory last week that there are three types of transactions where an appraisal is not required and an evaluation is permitted. The agencies did point out that an appraisal may be necessary for secondary-market transactions. Home price is the first consideration. Evaluations can be used in transactions in which the loan...
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Despite Slump in ‘Conforming-Jumbo’ Market, Big-Ticket Mortgages Fared Well in Late 2015

March 9, 2016
John Bancroft
Refinance activity was heavy in the first half of 2015, and jumbo borrowers typically have more to gain by pulling the refi trigger.
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