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Rating Services Prepare to Comply with New Disclosure Requirements from the SEC

June 12, 2015
Beginning June 15, rating services involved in MBS and ABS will be subject to increased disclosure standards from the Securities and Exchange Commission. Rating services expect to make a number of changes to comply with the final rule that was issued last August, with some concerns about the usefulness of the increased disclosures. The SEC is requiring nationally recognized statistical rating organizations to disclose rating histories, make changes to rating methodologies and disclose details on findings by third-party due diligence providers, among other issues. Moody’s Investors Service noted...
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Can MBS Prices Get Much Lower? The ‘Illiquidity Issue’ Is Raised Again

June 12, 2015
The average bid on the benchmark Fannie Mae 30-year 3.50 percent MBS fell to 102.2 this week compared to 104.5 earlier in the month, leaving some market watchers feeling sick to their stomachs. The general fear is that MBS prices may fall further over the short term as interest rates rise. The question for many boils down to the basics: Where will mortgages settle? As Inside MBS & ABS went to press this week, the yield on the 10-year Treasury reached...
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Private Student Loans Turn in Healthy Performance In First Quarter, With Continued Growth Expected

June 12, 2015
There is good news for investors in private student-loan ABS these days, according to the latest market intelligence from industry analysts. Student loan performance was healthy in the first quarter, and more growth is expected going forward. Continued strong performance trends were seen in repayment, delinquencies and charge-offs for private student loans through March 31, 2015, according to the semi-annual private student-loan performance report from MeasureOne, which was released earlier this week. Among the key findings, year-over-year delinquencies continued...
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Court Departs from Long-Held Federal Preemption for Nonbanks, Prompting Concern in Securitization Industry

June 12, 2015
Securitization industry participants are concerned about a recent ruling in a federal appeals court that overturned longstanding preemption certain nonbanks have enjoyed from state laws, including standards for debt collection. The ruling in late May by the Second Circuit Court of Appeals in the case of Madden v. Midland Funding could pose “significant implications for the securitization industry,” according to the Structured Finance Industry Group. The case involves...
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Court Splits R&W Liability between JPMorgan and WaMu; PwC’s Bid for Docs in Colonial Case Denied

June 12, 2015
JPMorgan Chase recently won in a long-running lawsuit with Deutsche Bank, limiting potential liabilities it inherited from purchasing the embattled Washington Mutual in 2008 at the behest of federal banking regulators. U.S. District Court Judge Rosemary Collyer in Washington, DC, ordered that liabilities for representation-and-warranty breaches be split between JPMorgan and WaMu Mortgage Securities Corp. The judge decided that JPMorgan would be liable only to the extent that the liabilities were on WaMu’s books as of Sept. 25, 2008. The remaining liabilities would remain at WaMu. Only a short order was released...
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What We’re Hearing: Non-QM Lending Still a Pipe Dream? / Time to Start a Non-QM Secondary Market Agency? / Putting Blackstone’s New Mortgage Company in Perspective / CFPB’s ‘Record’ Not Good News for PHH Mortgage

June 12, 2015
Paul Muolo
So where is the non-QM business going? Unless, you’re talking non-QM jumbos, it’s safe to say nowhere fast...
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Tough Market for Nonprime Non-QMs

June 12, 2015
Lenders offering nonprime loans that do not meet the qualified-mortgage standard have run into difficulties generating volume because weak secondary-market demand has made pricing on the loans unattractive to borrowers. Jeff Lemieux, until recently a vice president at Bayview Asset Management, said volume in nonprime non-QMs is extremely weak across the industry. “The consumer is resistant to the pricing,” he said. Lemieux said credit-impaired borrowers feel that ...
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News Briefs

June 12, 2015
Underwriting standards on jumbo mortgages tightened slightly in May compared with the previous month, according to the Mortgage Bankers Association. The results reversed six consecutive months of looser jumbo underwriting. Two-thirds of the 182 banks recently surveyed by the American Bankers Association said their originations in 2014 included non-qualified mortgages. Non-QMs accounted for 10 percent of the banks’ originations ... [Incluides three briefs]
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First Tennessee’s FCA Settlement, Another Notch on FHA/DOJ Belt

June 12, 2015
First Tennessee Bank’s agreement with federal agencies to pay $212.5 million to resolve allegations of violation of the False Claims Act is the latest proof of the government’s unrelenting pursuit of FHA lenders over underwriting and quality control issues. The settlement once again demonstrates the federal government’s commitment to combat FHA fraud using the FCA to recover taxpayer losses, according to an analysis by Boston law firm Greene LLP. “[The Department of Housing and Urban Development] made a point of saying that this behavior is exactly what led to the financial crisis and housing market downturn,” Greene’s compliance attorneys said. HUD and the Department of Justice have vowed to continue to pursue and hold accountable lenders who put profits ahead of their customers and legal obligations, the attorneys added. According to the DOJ, First Tennessee, a regional bank, admitted ...
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Consumer Awareness, Education Fuel Growth in VA Originations

June 12, 2015
Consumer education is the key to VA’s growing origination volume, according to a top executive of a VA-certified lender. “It has to do more with increased awareness of VA loans and their benefit to veterans,” said Jonathan Schrum, vice president at Commerce Home Mortgage, a VA lender in Huntington Beach, CA. Awareness comes with education, and one can go to any network or cable channel or print publication and see advertisements for loans with a VA guaranty, said Schrum. “There are many veterans and service members out there who don’t know what loan programs are available to them and what they can do,” he observed. “So I think it’s word of mouth, talking about it ourselves and getting the word out there about VA loans as much as we can.” The VA loan is such a specific product that a borrower needs to know what it is – the funding, fees, percentages for disabled vets – they need to ...
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