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Lack of Relief From New Regulatory Wave Makes It Harder to Quantify MBS Risks, Says Analyst

August 12, 2011
The recent rancorous debate over raising the debt ceiling brings little hope of relief from the overwhelming amount of regulation coming down the pike. Analysts say the uncertainty has made it more difficult to quantify risks for MBS and other securitized products. Analysts at Bank of America/Merrill Lynch said the outcome of the debate was far worse than expected, forcing them to temper their optimism for securitized products. Instead, they are calling for a more neutral exposure. “The pragmatism we thought we would see never really emerged,” said Chris Flanagan, an analyst with the firm. “Instead ...
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Risk Retention Is ‘No Panacea,’ Fitch Says, But S&P Says New MBS Regime Could Improve Underwriting

August 12, 2011
Standard & Poor’s and Fitch Ratings have raised concerns about the proposed risk-retention rule that has sparked an outcry among MBS issuers, but the rating services appear to be taking a more measured view – in fact, S&P says it may be good for the market’s long-term health. In a recent report, S&P agreed with the industry consensus that the proposed rule won’t help the housing market and non-agency MBS sector right now. But the new standard for securitization, which sets a high bar for qualified residential mortgages that would be exempt from a ...
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‘Quiet’ Settlement Between HUD, BofA Yields Special Terms for Delinquent FHA Borrowers

August 11, 2011
More than 57,000 delinquent borrowers are expected to benefit – if they can be found – from a recent settlement between Bank of America and the Department of Housing and Urban Development, resolving agency concerns about the bank’s failure to offer loss mitigation options to FHA borrowers. The previously undisclosed settlement, which was confirmed by HUD officials, requires Bank of America to set aside a minimum of $10 million to pay down arrearages for FHA borrowers who are 12 months delinquent and qualify for a partial claim, a forbearance plan, a traditional modification ...
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Consumer Groups Express Apprehension About QRM Rule, Blast Downpayment Requirements

August 11, 2011
Like many industry commenters, consumer groups are urging federal regulators to lighten up on what has been largely regarded as an overly-restrictive definition of “qualified residential mortgages” that will get preferential treatment in future mortgage securitizations. The interagency risk-retention proposed rule would limit QRM status to purchase mortgages with a minimum 20 percent downpayment and conservative underwriting standards on debt-to-income ratio and credit history. The proposed QRM rule will “further slow the process of clearing ...
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Ethics Charges Against Rep. Waters Reinstated

August 5, 2011
The House Financial Services Committee’s second highest ranking Democrat is again facing ethics charges stemming from actions she allegedly took to aid a minority bank connected to her husband to recover losses it suffered when Fannie Mae and Freddie Mac preferred stock plummeted after the GSEs were put into conservatorship.The House Ethics Committee announced two weeks ago it will restart its investigation of ethics charges against Rep. Maxine Waters, D-CA, with the hiring of Washington, DC, attorney Billy Martin as an outside counsel to the committee to “review, revise and assist the committee in completing the matter.”
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Fannie, Freddie Suspend Republic MI

August 5, 2011
Fannie Mae and Freddie Mac have each suspended Republic Mortgage Insurance Co. and its affiliate RMIC of North Carolina effective immediately as approved mortgage insurers after the GSEs concluded the mortgage insurer will no longer be able to meet mandatory capital requirements.According to Fannie’s July 29 announcement, RMIC breached its regulatory risk-to-capital limits required by North Carolina, the mortgage insurer’s state of domicile, as of Sept. 30, 2010.
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FHFA Urged to Air Servicing Fee Proposals

August 5, 2011
The Mortgage Bankers Association urged the Federal Housing Finance Agency to include other fee structures and not just seek public comment on one servicing fee structure in a forthcoming proposal. The FHFA has been working behind closed doors with Fannie Mae, Freddie Mac and Ginnie Mae to devise a new servicing compensation structure for mortgages securitized by the agencies, which account for over 90 percent of new lending. Industry groups and others have been consulted during the process, which is expected to result in an exposure document subject to public comment. The MBA cautioned the FHFA against showing preference for any...
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National Archives Offers Tweaks to FHFA’s New FOIA Regulation

August 5, 2011
The Federal Housing Finance Agency may make a number of minor but important tweaks before finalizing changes to its existing Freedom of Information Act regulations.
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No New FHFA Director Nominee Expected

August 5, 2011
Mortgage market watchers and insiders on Capitol Hill report there is little chatter and seemingly even less enthusiasm from the White House to send to the Senate another nominee to serve as the permanent director of the Federal Housing Finance Agency.As the FHFA’s Acting Director Edward DeMarco is set to begin his third year as the Finance Agency’s “temporary” head next month, no one among the legislative staffers, trade association officials and industry insiders who spoke with Inside The GSEs said they expect a change in the status quo. But neither did they have anything discouraging to say about his leadership or job performance to date.
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Auto ABS Issuers Seek Lower Risk-Retention Requirement, But Investors Aren’t So Sure About Pool-Level Approach

August 5, 2011
Issuers of ABS backed by vehicle loans urged federal regulators to adopt a pool-level approach to determine new risk-retention requirements rather than the all-or-nothing standard proposed earlier this year that featured a narrowly drawn definition of “qualified auto loans. ”Like the more widely discussed provisions on non-agency MBS securitization, the interagency proposed rule carved out an exemption from the 5 percent risk-retention requirement for auto ABS that are backed exclusively by qualified auto loans. But issuer members of the American Securitization Forum said the proposed definition of qualified auto loans features...
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