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Fitch Updates Residential MBS Rating Criteria to Include TRID Due Diligence Grades, Deal Agents

July 1, 2016
Fitch Ratings published updated criteria this week for rating residential MBS. The new criteria include adjustments to due diligence grades relating to the Truth in Lending Act/Real Estate Settlement Procedures Act disclosure rule and evaluations of firms serving as a deal agent. Fitch said the new criteria include a “realignment” of items that prompt C grades and D grades on mortgages reviewed by third-party due diligence firms. The changes incorporate the Structured Finance Industry Group’s recently issued RMBS 3.0 TRID Compliance Review. The rating service acknowledged...
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SEC Approves FINRA Margin Rule With the Addition of a Mortgage Banker Exemption

July 1, 2016
Mortgage bankers that trade in the to-be-announced MBS market will be exempt from the initial margin requirements associated with the Financial Industry Regulatory Authority’s revised Rule 4210, which was approved by an order of the Securities and Exchange Commission last week. Under the rule, as amended now three times by FINRA, market participants who trade TBAs will have to post an initial “maintenance” margin of 2 percent of net position size, along with an on-going variation margin, which will be subject to a $250,000 minimum transfer amount. However, the SEC order provided...
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Court Releases More Documents, Including Former Treasury Official Deposition, in GSE Shareholder Case

July 1, 2016
Several more court documents were released over the past week that offer additional details into the circumstances surrounding the Treasury Department’s decision to replace the quarterly dividend Fannie Mae and Freddie Mac had been paying in conservatorship with a net worth sweep. Industry observers say the new memos and deposition transcripts reinforce the notion that the government had been planning the sweep for a while before it was implemented in late 2012. The government-sponsored enterprises’ shareholders have been challenging...
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HUD to NPL Investors: The First Thing You Need to Do is Consider a Principal Reduction

July 1, 2016
George Brooks and Paul Muolo
As Tim Rood of The Collingwood Group noted: An investor can buy a mortgage at 65 cents on the dollar, “notify the borrower they are eligible for a note mod down to 80 cents on the dollar and voila!”
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Falling Rates in a Post ‘Brexit’ World Lead to Rally in Agency MBS Prices; But Will Cooler Heads Send Rates Rising Again?

July 1, 2016
Since the United Kingdom voted to leave the European Union a week ago, interest rates in the U.S. have been steadily falling, causing a rally in MBS prices. According to market watchers, Fannie Mae/Freddie Mac MBS values for new securities haven’t been this good since January 2015. Meanwhile, mortgage rates touched a three-year low the past few days with some primary market lenders making new loans at 3.25 percent and no points. As Inside MBS & ABS went to press, the benchmark 10-year Treasury was yielding...
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The FHFA Tally on GSE NPL Sales: 12 Percent of the Loans Wind Up in Foreclosure

July 1, 2016
Carisa Chappell
The FHFA promises it will provide regular updates on NPL sales going forward…
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Short Takes: Maybe the ‘Brexit’ Rate Fall-Out Won’t Be So Bad for Servicers / 66% of Borrowers Eligible to Refi? / FHFA Tells Wrongdoers: Inflation Happens / Two M&A Deals Close / Zillow: FTHBs May Want to Wait

July 1, 2016
Macie Jones and Paul Muolo
A new report from Deutsche Bank estimates that a 3.5 percent rate on mortgages “puts roughly two-thirds of borrowers in the money to refinance…"
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HSBC Settles 2002 Subprime Lawsuit for $1.58B

July 1, 2016
HSBC Finance announced in June that it reached a $1.58 billion settlement on a subprime mortgage-related lawsuit filed back in 2002. The shareholder class-action lawsuit centered on activities by Household International, which was acquired by HSBC for $14.6 billion in 2003. The lawsuit claimed Household International and officials at the company made false or misleading statements about predatory lending practices, the quality of its loan portfolio, and the company’s ...
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Ocwen Settles HAMP Lawsuit; Avoids Downgrade

July 1, 2016
Ocwen Financial faced mixed results in servicing litigation recently while avoiding further downgrades of its corporate issuer default rating. Last week, Ocwen announced that it had agreed to settle two lawsuits brought by the Department of Justice involving the Home Affordable Modification Program and FHA mortgages. The pending $30 million settlement involves alleged violations of the False Claims Act, among other issues. The lawsuits were brought in 2012 by ...
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FHA Announces More Changes to DASP to Better Protect Borrowers

July 1, 2016
Investors in FHA’s distressed note sales program would be required to do more for homeowners to help them avoid foreclosure and keep their homes, thanks to improvements to FHA’s Distressed Asset Stabilization Program (DASP) announced this week by the agency. The changes appear aimed at consumer groups’ criticism of the Department of Housing and Urban Development for allowing profit-oriented investors to purchase the troubled HUD assets at a discount and flip the homes for a profit without ever helping the distressed homeowner. Although the transactions make good economic sense for investors and the government, struggling homeowners end up losing their homes without having tried any loan modification option that could have helped them avoid foreclosure. HUD launched the DASP in 2010 under pressure from Congress to help stabilize the FHA’s Mutual Mortgage Insurance Fund, which ...
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