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Inside the CFPB
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Agency MBS Investors Hold Their Noses; Overseas Demand is Robust; Call Risk Rising

June 9, 2017
Product valuations are not the most appealing to agency MBS investors right now – not enough to keep them from buying, perhaps, but enough to dry up whatever enthusiasm they might have, according to a new structured finance report from analysts at Wells Fargo Securities. “The core theme in the financial markets right now seems to be ‘reluctant buying,’” the report said. Most of the spread products at this point are trading at multiyear tights. And the bloom may be off the rose when it comes to the so-called Trump trade. “Some of the optimism around fiscal policy post-election that drove risk-premiums tighter is...
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Fannie/Freddie Shareholder Cases Still Linger In Court, New Case in Michigan Introduced

June 9, 2017
A number of lawsuits involving Fannie Mae and Freddie Mac shareholders remain unresolved and a new one just hit the court system last week. Three shareholders filed a lawsuit in the U.S. District Court for the Western District of Michigan arguing that the court should vacate the third amendment to the preferred stock purchase agreement and declare the structure of the Federal Housing Finance Agency unconstitutional. The plaintiffs also asked...
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Trustees Accept Lehman’s $2.4 Billion Offer to Settle RMBS Dispute; Wells Fargo Sues Investment Advisors

June 9, 2017
Trustees for 244 residential MBS trusts have accepted a $2.4 billion settlement offer from Lehman Brothers to resolve repurchase claims related to pre-crisis RMBS transactions that went bad. The trustees filed a notice of acceptance and a motion seeking bankruptcy court approval of the settlement on May 22. A hearing on the motion will be heard by Judge Shelley Chapman of the U.S. Bankruptcy Court for the Southern District of New York on July 6, 2017. The trustees in the settlement include...
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Who Says Realty Firms Shouldn’t Own MBs? Howard Hanna Buys Loan Brokerage Firms

June 9, 2017
Paul Muolo
Over the past five years, realty firms and lenders have been careful about joint ventures and other ownership ties…
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What We’re Hearing: Keep an Eye on Rates, Really / The Black Swan Event Will Be… / GSE Investors Unite? / Hoping Mnuchin Will Deal? / Top Lenders Don’t Even Use Overlays / PNC Exec Bolts for LoanCare

June 9, 2017
Paul Muolo
At the very least, these investors want a legal settlement with the Treasury Department over their “takings” claims. But will Treasury Secretary Steven Mnuchin deal?
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Deephaven Provides More Non-QM Detail

June 9, 2017
Deephaven Mortgage LLC soon will issue its second securitization of nonprime mortgages of this year, a $250.1 million deal backed by a variety of loans that fall outside of the legal safe harbor for qualified-mortgage status. Presale reports from S&P Global and Kroll Bond Rating Agency indicate that 45.6 percent of the loans were acquired from Angel Oak Mortgage Solutions, with the rest coming from Deephaven. Shellpoint Mortgage Servicing will service all the loans. The mortgages were originated...
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CFPB Assessing Effectiveness of ATR Rule

June 9, 2017
The Consumer Financial Protection Bureau is accepting comments as part of its assessment of the ability-to-repay rule. The ATR rule took effect in early 2014, setting standards for how lenders should evaluate potential borrowers. The rule also established protections for loans that meet criteria to be deemed a qualified mortgage. One of the more controversial provisions the CFPB included when setting QM standards was...
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Many Sources to Find Non-QM Borrowers

June 9, 2017
Lenders planning to originate non-qualified mortgages have many sources to find potential borrowers, according to officials at Angel Oak Mortgage Solutions. AOMS focuses its business on non-QM originations via the correspondent and wholesale channels. Tom Hutchens, a senior vice president of sales and marketing at Angel Oak, has detailed the ways loan officers can find non-QM borrowers in a series of webinars. He suggests...
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News Briefs

June 9, 2017
Ocwen Financial recently filed a lawsuit against Fidelity Information Services, which completed a two-year review of Ocwen as part of an order by the California Department of Business Oversight. Ocwen alleged that FIS submitted false, fraudulent and improper invoices for the review, including invoices from strip clubs and casinos. FIS has disputed the allegations. The Structured Finance Industry Group is...
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Fannie/Freddie Shareholder Cases Still Linger in Court; New Case Filed in MI

June 9, 2017
Carisa Chappell
The plaintiffs allege the net worth sweep of the GSE profits is the clearest manifestation of the FHFA’s “overarching policy” to operate Fannie and Freddie for the exclusive benefit of the federal government.
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