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March 13, 2017
Nationstar in the CFPB’s Crosshairs Over HMDA Reporting. Nationstar, the residential mortgage servicer, revealed recently it is being investigated by the CFPB over issues related to complying with the Home Mortgage Disclosure Act.... Non-Agency MBS Issuers Like the Legal Protection of the ATR. Congressional Republicans may be working on legislation to repeal and replace many regulations required by the Dodd-Frank Act, but some issuers of mortgage-backed securities are actually pushing to maintain some of the regulations.... Trump Executive Order on Regulatory Red Tape Unlikely to Apply to CFPB. Will the Bureau Comply Anyway? The executive order that President Trump signed in the middle of February that requires every federal agency to establish a regulatory reform task force to eliminate red tape probably does not apply to the CFPB, according to industry experts....
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Government Ordered to to Review Documents for Bogus Privilege Claims

March 10, 2017
The government has until April 17 to prove that the 11,000 documents it is withholding are correctly labeled as “privileged.” This week, a ruling by Federal Claims Court Judge Margaret Sweeney ordered the government to review the documents and release those that are non-privileged to the plaintiff’s attorneys in Fairholme Funds Inc. et al., v. The United States. The order came on the heels of a January appeals court ruling that found the bulk of a batch of 56 documents the government refused to turn over to the plaintiff’s attorneys, after being ordered to do so last year, did not merit privilege treatment. They included various memos, emails and presentations from the Treasury, Federal Housing...
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Bank ABS Portfolios Continued to Shrink in 2016 as ABS Outstanding Barely Treads Water

March 10, 2017
The U.S. banking industry is a steady, but not a huge, supporter of the non-mortgage-ABS market, accounting for 17.4 percent of the supply of ABS outstanding at the end of 2016, according to a new call-report analysis by Inside MBS & ABS. By comparison, banks and thrifts held about 26.5 percent of MBS outstanding at yearend. Although ABS issuance since the financial crisis has dwarfed production of non-agency MBS, the market still hasn’t fully recovered. The Securities Industry and Financial Markets Association reports that total ABS outstanding – not including collateralized debt obligations – declined by 0.3 percent during the fourth quarter to $712.1 billion. That’s still well below the total outstanding at the end of 2007, $899.8 billion. Commercial banks and thrifts reported...[Includes two data tables]
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Little Utility Seen in Dodd-Frank Mandates on Reps-and-Warrants Reports by Rating Services

March 10, 2017
A transparency feature included in the Dodd-Frank Act aimed at helping MBS and ABS investors understand the representations and warranties on a transaction has created a significant amount of work for rating services with little benefit for investors, according to officials at ratings firms. Since June 2015, rating services have been required by the DFA to compare the reps and warrants on a transaction they’re rating with a benchmark set of reps and warrants for that asset class. These 17g-7 reports often span hundreds of pages, detailing similarities and differences between the reps and warrants on a specific transaction compared with a set of benchmarks established by the rating services. Claire Mezzanotte, a group managing director and head of global structured finance at DBRS, said...
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Curtailment of Fed Reinvestments Could Hurt MBS As Agency Moves to Thin Balance Sheet, Analyst Says

March 10, 2017
MBS are likely to be hurt when the Federal Reserve stops its reinvestments to shrink its balance sheet over the next few years, according to an analysis by Desjardins, Canada’s largest cooperative financial group. Even though the agency plans to withdraw gradually, its $1.75 trillion in MBS holdings account for approximately 20 percent of all U.S. MBS outstanding, noted Mathieu D’Anjou, senior economist with the Desjardins Group. “An increase in rate spreads between MBS and U.S. bonds, [which is] currently low, could be required...
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Credit Card Loan Balances Reach Post-Crisis High; Analysts Expect ‘Healthy’ Consumer Balance Sheets

March 10, 2017
Contrarians may suspect a bubble, but analysts at DBRS said in a new report this week that credit card loan balances in the U.S. reached a new post-financial-crisis high in December 2016, which they characterized as a reflection of consumers’ “gradual inclination to judiciously undertake incremental credit card debt.” According to their analysis, credit card debt accelerated last year. “After steadily increasing over the past five years, growth in credit card debt accelerated in 2016 at an average monthly, year-over-year growth rate of 6.1 percent, compared to 4.2 percent in 2015, and 2.9 percent in 2014,” DBRS said. Citing the Federal Reserve data for December 2016, the analysts found...
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Industry Bands Together to Fight G-Fee Usage for Unrelated Funding

March 9, 2017
Carisa Chappell
According to an Inside Mortgage Finance analysis, Fannie and Freddie have passed along some $9.6 billion of MBS fees under the provisions of the 2011 Temporary Payroll Tax Cut Continuation Act.
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RESPA Legal Experts Cite Troubling Behavior in CFPB-Prospect Mortgage Case

March 9, 2017
Thomas Ressler
Earlier this year, the CFPB brought a $3.5 million enforcement action against Prospect Mortgage, accusing the firm of illegal kickbacks for referrals from two real estate brokers…
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Non-Agency MBS Participants See a Deal Agent as Adding a ‘Brain’ to Transactions

March 9, 2017
Brandon Ivey
Clayton Holdings was the first firm to receive an assessment from rating services as a deal agent…
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Nation’s Largest FHA Lender Quicken Scores Partial Victory in FHA-DOJ Case

March 9, 2017
Paul Muolo
Early on, after the lender was sued, Quicken even threatened to leave the FHA program but never did and instead has dominated the FHA “direct” lending market…
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