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Bankruptcy Court Refuses to Raise Lehman’s Legacy Reserves, Hearing on JPM’s $4.5B Settlement Begins

December 19, 2014
A federal bankruptcy judge last week ruled against increasing Lehman Brothers’ reserves for residential MBS claims. The ruling by Judge Shelley Chapman of the U.S. Bankruptcy Court for the Southern District of New York was a setback for investors and trustees who asked the court in August to increase Lehman’s current reserves of $5 billion to $12.1 billion in a bid to force the defunct investment bank to repurchase legacy MBS., according to a Barclay’s Research report. The lawsuit against Lehman alleges...
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Global Coalition of Securities Regulators Proposes Standards for Simple, Transparent Securities

December 19, 2014
A coalition of global securities-market regulators proposed criteria late last week to assist the financial industry’s development of “simple, transparent and comparable” securitization structures. The proposed criteria from the Basel Committee on Banking Supervision and the International Organization of Securities Commissions would apply to many types of MBS and ABS. The extent of involvement by the Securities and Exchange Commission regarding the proposed criteria is unclear. The SEC declined to comment on the proposal and the Bank for International Settlements wouldn’t reveal the members of the taskforce that worked to develop it. However, the SEC is a member of IOSCO and the agency noted that standards issued by IOSCO become the benchmark against which an IOSCO member’s regulatory practices are assessed. The BCBS and IOSCO said...
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Most Consumer ABS Asset Classes to Hold Up Well In 2015, With Subprime Auto a Question Mark

December 19, 2014
Wall Street analysts are generally projecting a year of stability for most asset classes in the consumer ABS space for 2015, despite a few more losses and an anticipated increase in interest rates. The one exception might be subprime auto. Analysts at Standard & Poor’s Ratings Services cited a favorable overall environment characterized by a strengthening economy, healthy consumer credit fundamentals, and robust structural protections in ABS transactions. “We expect...
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MBS Prices Hit Highs for the Year as Gas Plummets; Time to Get Out of the Market?

December 19, 2014
Defying the expectations of most industry analysts, investors have bid up the price of agency MBS over the past two weeks, pushing values into nosebleed territory. According to figures compiled by MBS Quoteline, the price of the Fannie Mae 3.50 percent bond recently reached 104.4. “This week and last week we saw new highs,” said Joe Farr, director of sales and marketing for the company. And that has made...
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Fed Reinvestment into Agency MBS Continues As Attention Shifts to Eventual Rise in Rates

December 19, 2014
The Federal Reserve’s Open Market Committee held its last meeting of the year this week, keeping the federal funds target rate steady and continuing to reinvest principal payments from its holdings of agency debt and MBS into agency MBS and rolling over maturing Treasury securities at auction. Most of the pre-meeting buzz among investors was whether the FOMC would tweak or replace its boilerplate language about waiting “a considerable time” before moving to end its zero interest rate policy and begin “normalizing” rates. It did...
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Lawsky Faults Nonbank Servicer for Relying on Technology, Falling Behind Performance of Peers

December 19, 2014
Brandon Ivey
Lawsky didn't name names, but the servicer he singled-out shares a number of characteristics with Ocwen Financial.
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Following CFPB Rulemakings Could Indirectly Raise a Lender’s Fair Lending Risk, Attorney Warns

December 18, 2014
Complying with all of the Consumer Financial Protection Bureau’s mortgage rules that took effect this year could actually boost a lender’s fair lending liability under certain circumstances, according to one top attorney. “There are several possibilities where a person could be in complete compliance or even engage in behaviors incentivized by these rules, while also possibly increasing fair lending risk,” said Colgate Selden, counsel at the Alston & Bird law firm, during a webinar last week sponsored by InsideMortgage Finance. “The ability-to-repay, loan originator compensation, mortgage servicing, and Truth in Lending Act/Real Estate Settlement Procedures Act integrated disclosure rules all contain provisions where persons could indirectly increase their fair lending risk through compliance with those rules.” Among the ATR-related fair lending issues discussed by Selden, a former CFPB official, are...
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Subservicing Volumes Stay Relatively Flat, But Big Drops for BofA, Nationstar, Ocwen

December 18, 2014
The nation’s subservicers, as a whole, reported a modest decline in their business volume during the third quarter, though some firms experienced large declines compared to a year ago, according to exclusive survey figures from Inside Mortgage Finance. The biggest year-over-year decline came at Bank of America, which had just $5 billion in subservicing contracts at Sept. 30, a 78.3 percent drop compared to the same period last year. BofA’s decline in the subservicing sector is...[Includes one data chart]
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Home-Equity Production Increased in 3Q14, But Not Enough to Offset Ongoing Decline in HEL Outstanding

December 18, 2014
Home-equity lending continued to grow during the third quarter of 2014 – in fact, it was the fastest-growing segment of the mortgage market – but depository institutions reported further declines in the unpaid balances of these assets on their balance sheets. Lenders funded an estimated $20 billion of new home-equity lines of credit during the third quarter, up 17.6 percent from the previous three-month period. That compared to a 9.8 percent increase in total mortgage originations during the period, and it was the best quarterly HEL production figure in five years, according to Inside Mortgage Finance estimates. Still, the supply of home-equity loans outstanding fell...[Includes three data charts]
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Fed Chief Yellen Surprised at Lagging Housing Recovery

December 18, 2014
Thomas Ressler
Meanwhile, the FOMC indicated it will continue to reinvest principal payments from its holdings of agency debt and MBS.
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