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Appeals Courts Overturn Two Government Victories in Cases Involving Non-Agency MBS

December 11, 2015
Separate appeals courts this week vacated legal victories that the federal government achieved in the aftermath of the financial crisis. The cases involve former officials at State Street Bank and Trust and a former MBS trader at Jefferies & Company. In 2014, commissioners of the Securities and Exchange Commission voted 3-2 to reverse a ruling by the SEC’s Chief Administrative Law Judge involving James Hopkins, a former vice president and head of North American product engineering at State Street, and John Flannery, a former CIO at the bank. The ALJ had dismissed...
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DOJ Points to Process Used in MBS Cases as Example Of Upcoming Efforts Involving Financial Fraud

December 11, 2015
The Department of Justice plans to use the tactics that it employed in cases involving the financial crisis and MBS in efforts going forward to combat financial fraud, according to agency officials. “It is hard to overstate the creativity of this effort,” Michael Blume, director of the consumer protection branch at the DOJ, said during a speech late last week. He called it “a loosely centralized effort, employing civil penalty statutory provisions, involving close cooperation with regulatory experts and leveraging resources from the entire country.” He noted...
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Standard & Poor’s Takes Top Ranking in ABS Ratings, DBRS Leads in Non-Agency MBS Market

December 11, 2015
Standard & Poor’s rated some $84.64 billion of non-mortgage ABS issued in the U.S. during the first nine months of the year, making it the top rating service in the segment, according to a new ranking by Inside MBS & ABS. S&P was well represented in all the major ABS sectors, with its strongest showing in credit card ABS, where it rated 73.4 percent of 2015 issuance based on dollar volume. Fitch Ratings was...[Includes two data tables]
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What We’re Hearing: The Largest, Post-Crash Subprime MBS To Date? / Angel Oak? / Beach Point Deal Ready / Credit Suisse Eyeing Subprime Entry? / $1,000 Appraisals? / And the New CEO of Lenders One Is… / Hoping for Credit Score Competition

December 11, 2015
Paul Muolo
This lender said finding good appraisers can sometimes be a challenge and predicted that eventually appraisals on such mortgages could cost upwards of $1,000…
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2016 Outlook for Consumer ABS Mostly Stable, With FFELP Student Loans Likely an Exception

December 11, 2015
Industry analysts are generally optimistic that most of the large consumer ABS sectors will probably see a stable, positive year in 2016. However, they’re not very gung-ho about what kind of a year the government-backed student loan space is going to have. Analysts at Wells Fargo Securities think that consumer ABS should offer good relative value next year, based on solid credit fundamentals and robust structural protections. “We expect spreads to tighten in 2016 as the primary market recovers and the yield curve flattens along with Federal Reserve tightening,” they said in a recent outlook. “Spreads are likely to stay volatile and event-driven.” Further, “Weak demand and poor liquidity have been...
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The ‘New Normal’: MBS Trading Volume Falls To a Low for 2015, But Banks Keep Buying

December 11, 2015
The average daily trading volume in agency MBS fell to $180.2 billion in November, hitting a new low for the year, according to the Securities Industry and Financial Markets Association. Such a low reading is indicative of a lack of liquidity in the market, but by now, investment bankers and policy makers are no longer wringing their hands about the number. The complacency, in part, is fueled...
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Highway Bill Expands QM Balloon Exemption

December 11, 2015
The highway funding bill signed into law last week included a provision that expanded exemptions to standards for qualified mortgages. QMs generally cannot have balloon-payment features, though some small lenders in rural areas have been allowed to originate balloon mortgages that can be classified as QMs. Previously, the QM balloon exemption applied to small lenders that operate predominantly in rural or underserved areas. H.R. 22, the Fixing America’s Surface Transportation Act ...
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News Briefs

December 11, 2015
Compliance issues involving disclosure requirements that took effect in October could be delaying the issuance of jumbo mortgage-backed securities, according to a report this week from Moody’s Investors Service. The rating service said several third-party review firms found compliance violations on more than 90 percent of a sample of 300 mortgages reviewed for compliance with the TILA-RESPA Integrated Disclosure rule. Many of the TRID violations were ... [Includes three briefs]
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No Change to Loan-Limit Ceiling, 188 Counties See Increases

December 11, 2015
The national loan limit for FHA-insured single-family mortgages will remain unchanged throughout 2016, but 188 counties will see their high-cost limits rise due to house-price changes. The FHA national loan limit “ceiling” for forward mortgages will remain at $625,500, while the FHA “floor” will stay at $271,050 for next year. For example, San Francisco, Los Angeles, Marin, and Silicon Valley, where the loan limits are currently at $625,500, will see no change in 2016. The same will be true for many counties whose FHA loan limits fall between the national floor and ceiling, like Sacramento and Fresno, for instance. On the other hand, 188 counties like Napa, Riverside, San Bernardino and San Diego will see their forward loan limits increase by at least $1,150 to as much as $30,240. Each year, FHA readjusts its loan limits based on 115 percent of the median house price in the area. The loan-limit floor is set at ...
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VA-Backed Ginnie Securitization Spikes as Origination Volume Rises

December 11, 2015
An estimated $117.1 billion in VA-guaranteed home loans went into Ginnie Mae mortgage-backed security pools during the first nine months of 2015, according to an Inside FHA/VA Lending analysis of agency data. The totals for securitized VA purchase and refinance loans in Ginnie pools were almost even - $57.8 billion and $57.6 billion, respectively. Modified VA loans were also included in the total. The volume of VA-backed Ginnie securitization during the first nine months of 2015 far exceeded the $109.5 billion reported for all of 2014. Lenders attributed the production spike to a growing population of active-duty military personnel and veterans returning from foreign deployment and to better outreach efforts. VA originations accounted for 12.1 percent of loans underlying Fannie Mae, Freddie Mac and Ginnie Mae MBS and 25.2 percent of insured loans in those pools. The securitized VA loans showed an ... [ 1 chart ]
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