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Inside the CFPB
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House of Representatives Passes CHOICE Act But Legislation Likely Faces a Dead End in Senate

June 9, 2017
The House of Representatives late this week passed H.R. 10, the Financial CHOICE Act, which would undo a number of changes to the secondary market and to the regulatory landscape that were ushered in by the Dodd-Frank Act. As previously reported, among these are the elimination of the Dodd-Frank risk-retention requirements for ABS other than residential mortgages. Another provision would enable the president to remove the director of the Federal Housing Finance Agency before the end of the director’s appointed term, with or without cause. It also would make...
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Mortgage REITs Positive on Opportunities to Invest in Agency MBS Despite Tightening Spreads, Analysts Say

June 9, 2017
Mortgage real estate investment trusts are expressing optimism about investment opportunities in agency MBS despite tighter spreads on credit assets, according to industry analysts at a recent mortgage finance conference in New York City. Mortgage REITs were positive on investment opportunities and believed that interest rate increases were likely to be moderate in the months ahead, said analysts with Keefe, Bruyette & Woods, which hosted the conference. Industry executives, however, noted...
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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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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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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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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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