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Securitization Industry Participants Pushing for Delay Of Pending Swap-Margin Posting Requirements

February 10, 2017
Swap-margin posting requirements established by federal regulators are set to take effect on March 1. The Structured Finance Industry Group is leading a push for delayed implementation as securities issuers are having trouble determining how to comply with the standards. The swap-margin rules were required by the Dodd-Frank Act and drafted in 2015 by federal banking regulators and the Commodity Futures Trading Commission. Unlike requirements set by European regulators, the U.S. rules lack a general exemption from compliance for securitization special-purpose vehicles. Securitization SPVs issue various types of MBS and ABS. SFIG noted...
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Higher Interest Rates May Prompt Banks to Unload Fixed-Rate Product, Result in Fewer GSE Refis

February 10, 2017
Analysts at DBRS anticipate some notable changes in the residential mortgage securitization market this year, mostly as a result of expected higher interest rates. “Despite a healthy housing market recovery, post-crisis non-agency RMBS issuance has remained stagnant for several reasons,” said Quincy Tang, managing director of RMBS structured finance, in a new research report issued early this week. In addition to the dominance of Fannie Mae and Freddie Mac and bank balance-sheet capacity, “a persistently low interest rate environment has rendered...
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Fintech Panel Navigates the Pros and Cons Of OCC Charter, Marketplace Lending

February 10, 2017
The proposal by the Office of the Comptroller of the Currency to create a special-purpose national bank charter for financial technology companies, including marketplace lenders, stirred up significantly different views during a panel discussion sponsored this week by the Brookings Institute. “The fact that this charter will be designed as one not to support innovation, but to support the biggest and most well-funded players, ends up being bad for consumers because it tilts the market against the true innovators,” said Margaret Liu, senior vice president and deputy general counsel for the Conference of State Bank Supervisors. But, Richard Neiman, head of regulatory and government affairs for Lending Club and former New York state banking commissioner, said...
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The Benefits of Owning Fannie/Freddie Preferred Stock Over Common

February 9, 2017
Paul Muolo
The two GSEs were placed in conservatorship in September 2008 by Treasury and the Federal Housing Finance Agency. At the time, their common and junior preferred shares were considered worthless.
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HUD IG Says FHA Improperly Cleared New Defect Taxonomy…

February 9, 2017
Brandon Ivey
A recall of the defect taxonomy would be a blow to lenders…
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Consumers Still Complaining About Mortgage Servicing Practices to the CFPB

February 9, 2017
Thomas Ressler
Complications tied to making payments (loan servicing, payments, escrow accounts), were identified by 33 percent of consumers filing a complaint.
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BlackRock Executive Craig Phillips Could Play a Role in GSE Reform

February 9, 2017
Paul Muolo
Phillips, managing director of financial markets/client solutions at BlackRock, is well known in MBS circles for his early days at First Boston…
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Short Takes: Time to Sell GSE ‘Juniors’? / Bruce Berkowitz, True Believer / What Fannie, Freddie and Sears Have in Common / Whatever Happened to Sears Mortgage? / Texas Capital Accumulating MSR Assets / First Franklin Settles FHA Charges

February 9, 2017
Paul Muolo
Besides the GSEs, one Fairholme’s most speculative investments is Sears Holdings Corp., the struggling retailer…
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Trump Exec Order Puts Dodd-Frank in Crosshairs; No Immediate Impact, Sets Table for Future Action

February 9, 2017
President Trump late last week signed an executive order laying out his “core principles” for regulating the U.S. financial system, and giving the head of the Treasury Department 120 days to detail how the current massive regulatory regime measures up. Trump’s core principles include fostering informed consumer choices, preventing bailouts, promoting economic growth, tailoring regulations and ensuring regulatory accountability. The broadly-worded order specifies, “Nothing in this order shall be construed to impair or otherwise affect ... the authority granted by law to an executive department or agency, or the head thereof.” The order was...
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PHH Prevails in Rejecting Intervenors in CFPB Dispute

February 9, 2017
Late last week, a three-judge panel of the U.S. District Court of Appeals for the District of Columbia Circuit agreed with arguments made by PHH Corp. and blocked three separate efforts to intervene in the dispute the lender has with the Consumer Financial Protection Bureau. In a simple, single-page order, the three judges "ordered that the motions be denied." The ruling affects...
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