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Implementation of Recommendation for Agency MBS Margining Delayed Until the End of 2013

April 4, 2013
The Treasury Market Practices Group announced last week that a margining recommendation for agency MBS initially set to be implemented in June will be delayed until the end of 2013. The provisions apply to primary dealers working with four broad categories of forward-settling agency MBS transactions as part of an effort to manage counterparty exposures. The implementation date was delayed in response to concerns from market participants. Timothy Cameron, managing director and head of the Securities Industry and Financial Markets Association’s asset management group, said buy-side participants need to negotiate agreements for each of their accounts, which can include thousands of documents. “It is clear many market participants will not be able...
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Mortgage Industry Reps Take Issue With Restrictive, Potentially Damaging MBS Accounting Proposal

April 4, 2013
The International Accounting Standards Board has proposed an accounting treatment that would force holders of all but the most senior tranche of an MBS to account for those assets at fair value through net income – something that has the Mortgage Bankers Association expressing concern. The MBA generally supports the introduction of fair value through an “other comprehensive income” (OCI) classification for financial assets held within a business model in which assets are managed both in order to collect contractual cash flows and for possible sale, according to James Gross, vice president of financial accounting and public policy for the trade group. However, the MBA has...
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SIFMA Seeks Input in Development of SEC’s Consolidated Audit Trail, Eventual Incorporation of ABS, MBS

April 4, 2013
A white paper issued last week by the Securities Industry and Financial Markets Association recommends that a Securities and Exchange Commission mandated, but still nascent, automated securities monitoring system should and will eventually incorporate ABS and MBS products into its field of supervision. Last summer, the SEC approved a final rule requiring national securities exchanges, known as SROs, to establish a consolidated audit trail. The SEC rule requires securities exchanges and securities associations to submit to the SEC a plan to create a CAT system that will capture information regarding securities quotes and orders. In particular, the CAT system will have to track...
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State Regulators Ask CFPB to Show Flexibility in Defining ‘Rural’ Markets for QM

April 3, 2013
Thomas Ressler
The Conference of State Bank Supervisors is calling upon the Consumer Financial Protection Bureau to adopt a petition process to define “rural” counties as the bureau prepares to implement balloon “qualified mortgage” and escrow requirements for rural lenders.
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States Adopt Uniform Tests for Loan Originators

April 2, 2013
Brandon Ivey
Twenty state regulators adopted uniform tests for mortgage loan originators on Monday, easing compliance for MLOs doing business in multiple states. State testing has been required since 2009 due to the Secure and Fair Enforcement for Mortgage Licensing Act.
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Appeals Court Overturns FHFA PACE Lawsuit With A Warning

April 1, 2013
Charles Wisniowski
The three-judge panel of the Ninth Circuit overturned a lower court’s ruling from last summer which determined the FHFA was not acting as conservator but as regulator when the agency halted GSE involvement with PACE programs.
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MBA Seeks to Limit Regulation of Social Media Activity

April 1, 2013
Brandon Ivey
The MBA tells regulators that financial companies shoudn't be held resonsible for social media communications of individual staffers.
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SCOTUS Denies Goldman’s Plea to Overturn Reinstatement of Plaintiff’s MBS Class Action

March 29, 2013
The U.S. Supreme Court has denied a petition to review a federal appeals court decision to reinstate a securities class action lawsuit filed by MBS investors against Goldman Sachs. In denying the petition, the SCOTUS let stand a ruling by the U.S. Court of Appeals for the Second Circuit to overturn a lower court’s decision to dismiss the plaintiff’s suit for lack of standing and for failure to show injury.
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Is Fannie Mae’s NPL Auction on Hold? / Nationstar Mortgage Eyeing Jumbo MBS / Credit Suisse Goes Jumbo Once Again / It Looks as Though Freddie Will Claim Deferred Tax Assets Too / Clayton Bullish on Surveillance

March 29, 2013
Fannie Mae may be having second thoughts about selling nonperforming loans into the secondary market where cash-rich investors are waiting with bated breath.
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FHFA to Allow Fannie to Claim $64B in DTAs?

March 29, 2013
The mystery surrounding how much Fannie Mae really earned in the fourth quarter – and full year – could be solved by the end of next week, as the Federal Housing Finance Agency softens its stance toward allowing the GSE to capture at least a portion of its $64 billion valuation allowance for deferred tax assets. Industry officials who claim to have knowledge of the matter said FHFA is actively working with the GSE to resolve the situation. One former Fannie Mae official said it’s likely the agency will allow both Fannie Mae and Freddie Mac to claim deferred tax assets over several quarters.
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