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Senate Banking Will Take Up GSE Reform This Fall, But Don’t Expect Results

September 6, 2013
Charles Wisniowski
Last month, senior staff from the Senate Banking Committee met with various industry “stakeholders” – including trade associations, consumer groups and academics – to hear their thoughts on housing finance reform and the fate of the GSEs.
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S&P’s Newest Dismissal Bid Says DOJ Suit is ‘Retaliation’; Court Rulings Favor NCUA’s Growing MBS Legal Actions

September 6, 2013
Standard & Poor’s this week threw another counterpunch against the federal government’s civil fraud lawsuit filed earlier this year, slamming the litigation as “retaliation” for the rating agency’s August 2011 downgrade of the country’s AAA credit rating. The Justice Department in February filed a $5.0 billion lawsuit accusing S&P of knowingly inflating its ratings in residential MBS and collateralized debt obligations to boost its revenue and market share in the years leading up to the 2008 financial crisis. The filing in the U.S. District Court in Santa Ana, CA, by S&P’s parent company McGraw-Hill Co. seeks...
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Proposed Risk-Retention Standards for Commercial MBS and Non-Mortgage ABS Loosened Somewhat

September 6, 2013
Revised risk-retention requirements proposed last week by federal regulators for certain non-mortgage ABS and commercial MBS are somewhat looser than the standards initially proposed in 2011. Perhaps most significantly, “blended pools” would be allowed for commercial mortgages, commercial real estate loans and auto loans, allowing issuers to mix qualifying loans and non-qualifying loans in the same security. Securitized loans that don’t meet qualifying underwriting standards will be subject to the 5 percent risk retention as required by the Dodd-Frank Act. Blended pools would be eligible for reduced risk retention, as low as 2.5 percent. “The agencies believe...
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Premium Capture Replaced with Fair Value Calculation in Revamped Risk-Retention Plan

September 6, 2013
Securities issuers won a major victory as the revised proposed rule on risk retention issued by federal regulators last week removed the requirement for a premium capture cash reserve account. The highly controversial PCCRA was replaced with a fair value calculation requirement for retention which regulators said will increase the value of retained risk compared with the original proposal. “The ASF is extremely pleased to see the elimination of the premium capture cash reserve account provisions from the re-proposed rule,” said Tom Deutsch, executive director of the American Securitization Forum. “The provisions would have completely eliminated the economic incentives of securitizers to issue residential MBS and commercial MBS.” The original proposal generally measured...
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Mortgage Industry Asks for Enforcement Grace Period, as Multiple Rules Near Implementation

September 5, 2013
With the most significant collection of regulations to hit the mortgage industry in decades just a few months away from implementation, mortgage lenders are feeling tremendous pressure and continue to clamor for relief from regulators. Last week, the Mortgage Bankers Association asked the Consumer Financial Protection Bureau for a grace period of six to 12 months before it takes enforcement actions under any of the new mortgage rules implementing the Dodd-Frank Act. “Since the rules were issued...
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Short Takes: Cole Taylor Mortgage Sale Moves Closer / Wells Likes Rich Mortgage Borrowers Better Than Joe Sixpack / Credit Unions Gamble on Holding 30-Year FRMs / Former E-LOAN CEO Joins Raj Date’s New Firm / When Might National MI Go Public?

September 5, 2013
Paul Muolo and Brandon Ivey
Look for an update late Thursday on the sale of Cole Taylor Mortgage. Meanwhile, does anyone care that credit unions are holding 30-year jumbo mortgages in portfolio?
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Judge Shrinks NCUA MBS Cases Against JPMorgan, UBS

September 5, 2013
Charles Wisniowski
The legal action against JPMorgan and UBS is part of the NCUA’s larger pursuit of 11 lawsuits tied to CU purchases of $14 billion in non-agency MBS.
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Private Mortgage Insurance Excluded From New Proposed Definition of Qualified Residential Mortgage

September 5, 2013
Federal regulators dealt the private mortgage insurance industry a setback last week when they opted to ignore the presence of private MI coverage in defining “qualified residential mortgages” under a new proposed rule governing securitization. The new rule will require issuers of mortgage securities that are not backed by QRMs to retain a 5 percent share of the risk. As a practical matter, it won’t apply to Fannie Mae and Freddie Mac business as long as the government-sponsored enterprises are in conservatorship, although this exemption would not necessarily be extended to any post-GSE entity that Congress may create. If the agencies stick...
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CFPB Planning Compliance Guidance for New Rules; First Up, Servicing

September 5, 2013
Thomas Ressler
The mortgage industry is feeling immense pressure of implementing the avalanche of new rules from the Consumer Financial Protection Bureau.
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FHFA Announcement on Lower Loan Limits Could Come By End of Month

September 5, 2013
Paul Muolo
Some trade groups, including the California Mortgage Bankers Association and National Association of Realtors are not happy with the idea of lower loan limits.
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