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Inside The GSEs
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Senate GSE Reform Faces House Competition, Growing Opposition

April 4, 2014
Mounting opposition from both the left and the right, a month-long wait to mark-up and newly filed competing legislation in the House could doom the already tenuous effort by two senior senators to move a GSE reform bill this year, say industry observers.Given the need for speed and a closing legislative window, last week’s announcement by Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, that the Senate Banking, Housing and Urban Affairs Committee would mark up their housing finance reform package on April 29 – well over a month after the bill’s initial March 16 rollout – is not seen as a good sign.
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What We’re Hearing: The Sound of Mortgage Bankers Dying / Why the CFPB is Hated / Prospect Stealing Loan Officers From a Top Five Lender / Should Ellie Mae Call the FBI? Has it Already? / Ocwen Goes For Some Force-Placed Insurance Profits

April 4, 2014
Paul Muolo
One ad on the radio sounds like The 60 Plus Association is doing the Lord’s work for the pension funds of fire fighters and policemen. After all, public pensions owned GSE stock prior to the crash and lost a bundle.
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Mortgage Securitization Continues Freefall, Weakest Start Since 2000

April 4, 2014
John Bancroft
The only spurt of growth in the MBS market was in the non-agency sector, where new issuance was up 36.5 percent from the fourth quarter.
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MBS/ABS Issuers, Sponsors Fear SEC’s Disclosure Proposal Would Result in Greater Liabilities, Risks

April 3, 2014
The Securities and Exchange Commission late last week gave the securities industry another month to file comments on a proposed rule that most participants already know they don’t like. Comments were originally due March 28 on the SEC’s latest proposal to require asset-backed securities issuers to make loan-level details about pending issues available to investors on their own websites, rather than the agency’s Electronic Data-Gathering, Analysis and Retrieval system. On the day the comment period ended, the SEC extended it to April 28. Many issuers and large banks think...
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Judge Recommends Dismissal of DOJ’s Fraud Case Against BofA, But It May Not End FIRREA Claims

April 3, 2014
A North Carolina federal magistrate has recommended that a Justice Department fraud case against Bank of America be dismissed, but he also said a separate Securities and Exchange Commission lawsuit against the bank based on a different federal law should proceed. The DOJ last August filed suit against BofA under the Financial Institutions Reform, Recovery and Enforcement Act, accusing the bank of defrauding investors in the sale of $855 million of non-agency MBS. Last week, U.S. Magistrate David Cayer of the U.S. District Court for the Western District of North Carolina found that the government failed to prove the bank made “material” false statements to the former Federal Housing Finance Board. The DOJ claimed...
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FHFA Keeps 2014 ‘Scorecard’ Under Wraps; Watt May Change What Agency Measures

April 3, 2014
The Federal Housing Finance Agency’s annual “performance goal” scorecard for Fannie Mae and Freddie Mac has been issued to the two government-sponsored enterprises for comment and likely will be released by month’s end, according to industry officials briefed on the matter. But as for its contents going forward, that’s a different matter entirely. The 2013 version set forth...
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Waters’ GSE Reform Bill Could Influence Senate Banking Markup of Johnson-Crapo

April 3, 2014
Rep. Maxine Waters’ housing finance reform legislation may go nowhere in the House, but parts of it could be taken up by members of the Senate Banking, Housing and Urban Affairs Committee who so far have not signed on with the bipartisan reform bill that’s to be marked up at the end of April. The California Democrat’s bill differs from the Senate bill in two key ways: it requires that the private market take a smaller first-loss position in a future government-insured program for mortgage-backed securities, and it sets up a lender-owned cooperative as the sole issuer of the new MBS. The bill pushed by Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, would require...
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Bank Servicers’ Loan Modification Activity Declines, Focus Shifts to GSE Mortgages

April 3, 2014
Loss-mitigation activity by major bank servicers has decreased significantly in the past year, coinciding with servicers’ completion of loss-mitigation requirements under the $25 billion national servicing settlement. Eight major banks and thrifts completed 72,466 loan modifications in the fourth quarter of 2013, a 49.5 percent decline from the fourth quarter of 2012, according to a new report from the Office of the Comptroller of the Currency. The servicers completed 60,765 foreclosures in the fourth quarter, down 42.6 percent from the fourth quarter of 2012. The declines in loan mods and foreclosures by banks have outpaced...
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Ginnie MBS Issuance Gets Clobbered Too

April 3, 2014
John Bancroft
Also, new single-family MBS production by Fannie Mae and Freddie Mac plummeted 15.6 percent from February to March as the GSEs posted their lowest quarterly production total in 14 years.
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Nonbank Servicers Rank Just as Well as Banks, Put Greater Emphasis on Loan Modifications

April 3, 2014
The nonbank servicers under scrutiny from regulators have rankings at similar levels to banks, according to an analysis by Inside Mortgage Finance. And while there have been concerns about loss mitigation activity by nonbank servicers, they use loan modifications more than banks. Nationstar Mortgage, Ocwen Financial and Walter Investment Management’s Green Tree Servicing were among the 17 servicers that received a rating of at least three stars from Fannie Mae for their performance in 2013, the government-sponsored enterprise disclosed last week. Twelve unnamed servicers received ratings below three stars. Green Tree (four stars) and Nationstar (three) maintained...
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