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What We're Hearing: Memo to Mel Watt: There’s Thing Called the CSP / The GSE Bill’s ‘Bait and Switch’ / Kyle Bass Rescues Nationstar, for Now / Landlord Tells Midwest Lender to Get Out / Shedding Tears for MBS Traders / How to Kill a ‘Zombie’ Foreclosure?

March 14, 2014
Paul Muolo
For those of you tracking the lawsuits filed by GSE preferred investors against the federal government, one attorney told us this week that: “These cases won’t be resolved for years." Meanwhile, it appears that the CSP still has no CEO.
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TMPG Supports FINRA’s Amendments for TBA Transactions, But Industry Rep Warns of Problems

March 14, 2014
Members of the Treasury Markets Practice Group are supportive of the Financial Industry Regulatory Authority’s recent proposal to establish margin requirements for transactions in the “to be announced” market, seeing them as compatible with what the TMPG itself is trying to accomplish with the same products. According to the minutes of a recent meeting, TMPG members noted that FINRA’s proposed rule amendments would be binding across FINRA’s membership, which would further the objectives of the TMPG’s agency MBS margining recommendation and encourage wider adoption of margining practices over time. “While recognizing that the TMPG’s margining best practices go...
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SCOTUS Agrees to Review MBS-Related Tolling, Decision Could Give Investors More Flexibility

March 14, 2014
The U.S. Supreme Court has added two more lawsuits to its growing list of securities cases by agreeing to take up an IndyMac MBS suit. In Public Employees’ Retirement System of Mississippi v. IndyMac MBS Inc. et al, SCOTUS has agreed to consider whether the filing of a class-action lawsuit tolls the three-year statute of repose under the Securities Act of 1933 or whether the statute is an absolute bar that cannot be suspended. Like a statute of limitations, a statute of repose cuts off...
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REIT MBS Holdings Fell Sharply in Declining New Issuance Market Dominated by the Federal Reserve

March 14, 2014
Publicly traded real estate investment trusts reported a 13.5 percent decline in their holdings of residential MBS during the fourth quarter, according to a new Inside MBS & ABS analysis. The industry reported $264.8 billion of residential MBS at the end of 2013, a 26.4 percent drop from the fourth quarter of 2012. The five largest REIT MBS investors all reported double-digit drops during the final three months of 2013, while the mid-range companies generally had smaller declines and three smaller firms actually grew their portfolios. At the top of the table, Annaly Capital Management reported...[Includes one data chart]
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Nationstar Affiliate to Issue Servicer Advance ABS, Deals Are Attractive Despite Regulatory Scrutiny

March 14, 2014
An affiliate of Nationstar Mortgage is preparing to issue an ABS backed by servicer advances and deferred servicing fee receivables, continuing a trend of nonbank servicers fueling their growth via securitization. Industry analysts suggest that the deals offer good returns to investors, even with regulators increasing their scrutiny of nonbanks. The $1.96 billion servicer advance ABS from New Residential Investment is expected to close on March 18, according to a presale report by Standard & Poor’s. The deal is set to receive a AAA rating from the rating service. “Based on the nature of the assets which historically display high recovery typically at the top of the waterfall, we would view...
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DOJ IG Accuses Agency of Overstating Mortgage Fraud Accomplishments; Is Residential Fraud a Low Priority?

March 14, 2014
Paul Muolo
"The facts regarding the department's work on mortgage fraud tell a much different story than this report," said a spokeswoman for the Department of Justice.
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UGI Could Join New MI Trade Group Eventually, But It Would Want Certain Changes

March 14, 2014
George Brooks
According to industry sources, UGI wanted the new trade association to operate on the principle of unanimous consent both for budgetary and policy matters, which was opposed by other MIs.
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Nationstar Goes on Offensive, Details ‘Long History’ of Helping Borrowers

March 13, 2014
Brandon Ivey
Last week, Lawsky noted that Nationstar’s portfolio more than doubled between the end of 2012 and the end of 2013. He asked the nonbank servicer to provide the number of full timers in each unit as well as the number of loans per employee.
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GSE Common Securitization Platform Has Large Budget, But No ‘Plans’

March 13, 2014
Paul Muolo
A spokeswoman for the FHFA declined to provide any guidance on when a CEO or chairman might be named for the CSP. She noted: “The common securitization platform project is still in development,” adding that “We have neither final plans nor specific budgets at this time.”
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Bank and Nonbank Servicers Ordered to Make Improvements to HAMP Performance

March 13, 2014
Whether a servicer was a bank or a nonbank doesn’t appear to have played much of a role in terms of performance in the non-agency portion of the Home Affordable Modification Program, according to the latest assessments by the Treasury Department. Six servicers were found to need “moderate” improvement: three banks and three nonbanks. HAMP incentive payments in the future could be withheld if the firms don’t improve their performance. The needs-to-improve list includes Bank of America, CitiMortgage, Nationstar Mortgage, Ocwen Loan Servicing, Select Portfolio Servicing and Wells Fargo. The other major HAMP servicer, JPMorgan Chase, was found to have largely satisfied HAMP performance requirements, based on assessments for the fourth quarter of 2013. Among the seven largest HAMP servicers, only nonbanks had...
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