Issuers of ABS backed by vehicle loans urged federal regulators to adopt a pool-level approach to determine new risk-retention requirements rather than the all-or-nothing standard proposed earlier this year that featured a narrowly drawn definition of “qualified auto loans. ”Like the more widely discussed provisions on non-agency MBS securitization, the interagency proposed rule carved out an exemption from the 5 percent risk-retention requirement for auto ABS that are backed exclusively by qualified auto loans. But issuer members of the American Securitization Forum said the proposed definition of qualified auto loans features...

Major MBS issuers are concerned about the potential harm evolving risk-retention regulations could have on securitization structures, regardless of which structure issuers decide to use. In response to the interagency proposed rule on credit risk retention, Citigroup said the public interest is not served by requiring securitizers to hold positions that are designed to take losses. “For example, all deal parties, the rating agencies and the investors are fully aware that the lowest tranche, sometimes referred to as a ‘first loss’ tranche, may take losses and no representation is made that such tranche is either investment grade or will receive...

While many commenters support the proposed exemption for the government-sponsored enterprises from new risk-retention rules in the short-term, opinions vary as to just how long Fannie Mae and Freddie Mac should enjoy such an exemption and its long-term impact on private securitizations. Federal regulators earlier this year proposed a rule which would require issuers of mortgage-backed securities to hold a minimum 5 percent of the credit risk of the assets underlying their securities unless the deal is backed by “qualified residential mortgages.” The proposed rule would exempt ...

A number of distressed mortgage insurance companies with special covenants with state regulators and the government-sponsored enterprises are in danger of losing their ability to write new insurance as continued losses prevent them from meeting financial eligibility requirements. With credit trends further weakening in the second quarter, certain mortgage insurers, including Mortgage Guaranty Insurance Corp. and PMI Mortgage Insurance Co., could slip below minimum re-serve and surplus requirements, observers say. Already on capital-requirement waivers, the MIs could be ordered to stop ...

Community bankers are lobbying for an exemption from national mortgage servicing standards that are evolving from federal rule-makers and secondary-market investors, arguing that they could drive smaller companies out of the servicing business. Jack Hopkins, CEO of CorTrust Bank in Sioux Falls, SD, urged the Senate Banking, Housing and Urban Affairs Committee this week to exempt small banks from new guidelines being drafted by banking and consumer protection regulators. Representing the Independent Community Bankers of America, Hopkins said the increased attention on mortgage servicing is raising ...

The private mortgage insurance industry is trying to preserve its viability in the mortgage world that has thrashed its financial health, urging regulators to expand the definition of a qualified residential mortgage to include loans that are privately insured. According to an analysis done by Milliman, Inc., an actuarial and insurance consulting firm, on behalf of the Mortgage Insurance Companies of America, private MI is a controlling factor that mitigates the risk of default, particularly in ...

Federal Deposit Insurance Corp. Martin Gruenberg nomination. The Senate Banking, Housing and Urban Affairs Committee considered the nomination of Martin Gruenberg to be the chairman and a member of the Board of Directors of the Federal Deposit Insurance Corp. on Tuesday, July 26. A vote on his nomination has yet to be scheduled. Federal Housing Finance Agency. Suit against UBS, related defendants. The Federal Housing Finance Agency has sued UBS Americas, Inc., and related defendants in federal district court alleging violations of federal securities laws in the sale of residential non-agency mortgage-backed securities to Fannie Mae and Freddie Mac. ...

Massachusetts. State Attorney General Martha Coakley reportedly plans to obtain documentation filed by Mortgage Electronic Registration Systems as part of the broader investigation by a 50-state coalition of attorney generals into potentially unlawful foreclosure practices. New Jersey. Former mortgage broker Ara Mesropian, 39, of Paramus, NJ, pleaded guilty to charges that he participated in a mortgage fraud scheme which defrauded lenders and generated millions of dollars in fraudulent mortgage loans. ...

The new Consumer Financial Protection Bureau has issued a number of interim final rules in just its first week of official business as a new federal regulator, including one that establishes the procedures for the public to obtain information under the Freedom of Information Act, the Privacy Act and in legal proceedings. This interim final rule also establishes the CFPB’s rules regarding the confidential treatment of information obtained from persons in connection with the exercise of its authorities under federal consumer financial law. ...

The Federal Trade Commission announced last month that it will not enforce most provisions of its Mortgage Assistance Relief Services rule against real estate brokers and their agents who help struggling homeowners obtain short sales from their lenders or servicers. The stay applies only to real estate professionals who are licensed and in good standing under state licensing requirements; comply with state laws governing the practices of real estate professionals; and assist or attempt to assist consumers in obtaining short sales in the course of securing the sales of their homes. ...