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Movement in Interest Rates Still Depends on Economic Data, Fed’s Yellen Tells Lawmakers

November 23, 2016
An increase in interest rates could take place “relatively soon,” if incoming economic data warrant it, Federal Reserve Chair Janet Yellen told members of Congress last week. Then again, maybe not. The Fed has held off...
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U.S. Swap Margin Posting Rules Could Impact New, Existing Structured Finance Transactions, Warns Fitch

November 23, 2016
New derivative rules requiring daily posting of two-way variation margin on affected derivatives could create uncertainties for structured finance transactions, warned Fitch Ratings in a recent analysis. U.S. banking regulators and the Commodity Futures Trading Commission have adopted the uncleared swap margin rules for covered swap entities. Specifically, registered swap dealers and all end users of derivative contracts must comply with margin collection, posting, segregation, and documentation requirements by March 1, 2017. New swaps executed after the 2017 effective date would...
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GSE Shareholder Case Attorney Details Plight of Fairholme in Ongoing Litigation

November 23, 2016
Fairholme Funds officials this week continued to press their case for restoring shareholder rights for private investors in Fannie Mae and Freddie Mac, expressing hope that the incoming Trump administration will be friendlier to their cause. In Fairholme Funds Inc. v. United States, et al, the plaintiffs argue that the net worth sweep imposed by the Treasury Department and Federal Housing Finance Agency was illegal and that the two government-sponsored enterprises were not in a “death spiral” at the time of the bailout as the government claims. During a conference call this week, Fairholme CEO Bruce Berkowitz said...
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Ally to Pay $52.0 Million to Settle with DOJ on Issues Involving ResCap Subprime MBS

November 22, 2016
Brandon Ivey
The settlement noted that the subprime MBS from ResCap included mortgages with looser underwriting standards than the underwriting guidelines that were disclosed to MBS investors.
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Short Takes: FCC Stiffs MBA / VA Refis Top Complaints to CFPB / New Residential Packages Servicing Advances from Ocwen / Cash-Out Refi Outlook

November 22, 2016
George Brooks and Brandon Ivey
The MBA is considering its options to appeal the FTC's decision regarding the trade group's request for a mortgage-servicing exemption under the Telephone Consumer Protection Act.
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CFPB Appeals Ruling in PHH Case, with Implications for both the CFPB Director and Lenders/Mortgage Insurers

November 21, 2016
Thomas Ressler
The CFPB’s appeal asserts that the court’s ruling on the constitutionality of the agency’s structure ought to be reconsidered because it “sets up what may be the most important separation-of-powers case in a generation.”
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Freddie’s New $459.9 Million Whole Loan Deal Faulted for Limited Third-Party Due Diligence

November 18, 2016
Freddie Mac is set to issue a $459.92 million Whole Loan Securities transaction, according to a presale report from Moody’s Investors Service. The firm didn’t rate the senior tranche of the deal but did place a Baa1 rating on a mezzanine tranche of Freddie Mac Whole Loan Securities 2016-SC02. The government-sponsored enterprise priced the latest WLS transaction this week, with the deal expected to close next week. “We are pleased with the pricing levels and depth of investor participation in the WLS program,” said Kevin Palmer, senior vice president of credit risk transfer at Freddie. “We look forward to continued issuance in 2017.” Freddie has issued...
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President Trump Likely to Push Fed to Normalize; MBS, ABS, Credit Risk Transfers Also Affected

November 18, 2016
Investors are trying to make sense of the new political/economic landscape following the election of Donald Trump to be the next president, and how best to navigate his uncertain, and at times contradictory, signals during his campaign. Much of the conversation over the last week has focused on the likely effect the new regime will have on the Federal Reserve and its chair, Janet Yellen. Trump, who has been a fierce critic of the U.S. central bank, has indicated he won’t outright replace Yellen, but neither will he nominate her for a second term. And of course, what happens with the Fed will spill over, one way or the other, into the financial markets. “The Fed will normalize...
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Panelists Highlight Concern with Growing Fannie Mae, Freddie Mac Credit-Risk Sharing Program

November 18, 2016
The government-sponsored enterprises’ credit-risk transfer programs have been wildly popular with investors and many policymakers, but other industry observers see problems. One of the most outspoken critics is Tim Howard, a former Fannie Mae CFO, who sees a big difference between today’s CRT programs and the GSEs’ traditional method of laying off credit risk before they were taken into government conservatorship. “When I was at Fannie, the companies purchased...
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Groups Seek Broader SCOTUS Interpretation of CTS v. Waldburger, NY Allows MBS Case v. JPM

November 18, 2016
Three financial-industry trade associations submitted a joint amici brief to the Supreme Court of the U.S. seeking an end to the confusion over whether extender statutes that refer only to the “statute of limitations” should apply to the “statute of repose” as well. The circuit courts are split on the issue, with four courts deviating from a 2014 SCOTUS ruling in CTS v. Waldburger, in which property owners tried to hold CTS Corp., operator of an electronic plant in North Carolina, liable for damages from toxic contaminants on the land. The property owners filed...
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