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What We're Hearing: When Will Mel Watt Appear in Public? / More on the GSE Scorecard / DeMarco’s Job Offer / Yes, Fannie Really Likes Nonbanks / Subprime Rising / Low FICO Score Stats / BofA’s Big Legal Win

March 28, 2014
Paul Muolo
Fannie Mae this week released its STAR servicer rankings and hopefully a copy found its way to all those pesky regulators who think nonbank servicers can’t tell the difference between a debit and a credit.
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House Democrats Tout More Flexibility for Private First-Loss Share in New MBS Reform Proposal

March 28, 2014
Rep. Maxine Waters, D-CA, this week unveiled a mortgage-finance reform bill that would replace Fannie Mae and Freddie Mac with a private cooperatively-owned entity that would issue a new form of conventional MBS backed by a mix of public and government credit support. The “Housing Opportunities Move the Economy Forward Act” adds a few new twists to the notion of creating an explicit government MBS guaranty that would stand behind a first-loss position funded by the private sector. Rather than allow a variety of private-sector firms to issue these securities, as the bipartisan Senate bill would, Waters’ proposal would create a single, cooperatively-owned entity that would be open to all lenders. The regulator of this new market, the National Mortgage Finance Administration, would have...
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Issuers Concerned About Disclosure Mandate In SEC’s Re-Proposal of Reg AB2 Provisions

March 28, 2014
Issuers of MBS and ABS are concerned about new liabilities they are likely to face if they have to disclose loan-level information at issuance under a rule recently proposed by the Securities and Exchange Commission. In February, the SEC proposed requiring issuers to disclose loan-level data to investors on issuers’ own websites instead of on the Electronic Data-Gathering, Analysis, and Retrieval system, better known as EDGAR, the current platform for SEC-required disclosures. The comment period on the proposal was scheduled to close March 28. Preliminary comment letters submitted...
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BofA’s $9.3 Billion Settlement Doubles Overnight FHFA’s MBS Litigation Recovery; S&P Moves to Split Fraud Trial

March 28, 2014
With just one accord this week, the Federal Housing Finance Agency more than doubled the amount it has recovered on behalf of Fannie Mae and Freddie Mac from issuers and underwriters that sold subprime and Alt A MBS to the government-sponsored enterprises. Bank of America agreed to a $9.3 billion settlement that covers its own dealings as well as those of Countrywide Financial and Merrill Lynch, which it acquired in 2008. The agreement covers some $57 billion of MBS issued or underwritten by these firms. BofA did not admit...[Includes one data chart]
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GSE Jr. Preferred Shareholders Have a Tough ‘Row to Hoe’ in Winning Their Lawsuits

March 28, 2014
Charles Wisniowski
The private equity plaintiffs allege that the Treasury’s change in the dividend structure of its preferred stock leaves the GSEs with no funds to pay anything to junior shareholders.
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Are Seven Mortgage Insurance Firms Enough?

March 28, 2014
George Brooks
Agreeing to speak only on background, some mortgage participants thought that ORI’s recapitalization plan raised serious concerns among potential investors.
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Banks’ Use of Principal Forgiveness Declining, Transfers to Nonbank Servicers a Factor

March 28, 2014
Brandon Ivey
The serious delinquency rate on servicer portfolios hasn’t improved much in the past year, from 5.7 percent in the fourth quarter of 2012 to 5.4 percent in the fourth quarter of 2013.
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Most Mortgage Firms Continue to Undervalue Their Servicing Rights; But are Some Being Too Conservative?

March 27, 2014
In general, newly-created mortgage servicing rights are being valued at 4 to 4.5 times the servicing fee, which has become the industry norm of late, but there’s a school of thought that says lenders are being a bit too conservative in their “marks.” “Whether your company is public or private you have to be within [generally accepted accounting principles] on these valuations,” said Ken Richey, managing partner in Richey & Co., an accounting and advisory firm based in Englewood, CO. “GAAP dictates that you have to book it at fair value. But what’s fair value?” On a Fannie Mae or Freddie Mac loan, 4 times the servicing fees translates...
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Experts: Shareholders Lawsuits Challenging Government’s GSE Profit Grab a ‘Tough Row to Hoe’ for Plaintiffs

March 27, 2014
Expect a long and winding legal road to resolution of investor lawsuits challenging the Treasury Department’s “net worth sweep” of Fannie Mae and Freddie Mac earnings, warn legal experts. More than a dozen lawsuits filed against the government – including hedge funds Perry Capital and Fairholme Capital Management – are pending in federal district court in Washington, DC, and in the Court of Federal Claims. The shareholder plaintiffs allege that the Treasury’s change in the dividend structure of its preferred stock leaves the government-sponsored enterprises with no funds to pay dividends to junior shareholders. The complaints raise...
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Feds Propose Minimum Requirements for State Oversight of Appraisal Management Companies

March 27, 2014
The Consumer Financial Protection Bureau, the Federal Housing Finance Agency and four other federal financial regulators issued a proposed rule this week that would implement minimum requirements for state registration and supervision of appraisal management companies. Mandated by the Dodd-Frank Act, the requirements would apply to states that voluntarily choose to establish an appraiser certifying and licensing agency with the authority to register and supervise AMCs. While there would be no penalty imposed on states that do not establish a regulatory structure for AMCs, these businesses would be barred from providing appraisals in such states. The provisions in the proposed rule are...
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