A long-expected correction in MBS prices was put on hold this week as interest rates took another dive and concerns continued to mount about China’s stagnant economy and weakening oil prices. As Inside MBS & ABS went to press late this week, the yield on the benchmark 10-year Treasury was at 1.61 percent, the lowest it’s been in roughly four years. The volatility in the market was sparking...

Officials at American Capital Agency announced last week that the real estate investment trust formed a wholly-owned broker-dealer subsidiary. The broker-dealer will help provide the REIT with repo funding and to-be-announced MBS trade-clearing capabilities. Peter Federico, a senior vice president and chief risk officer at American Capital, said the REIT started forming the broker-dealer about six months ago. He said the entity is fully staffed and is in the regulatory application process, with operations expected to begin midyear. “Once our broker-dealer is up and running, we will pursue...

Investors in the secondary market are continuing to shy away from mortgages with so-called TRID errors – even minor ones – taking the advice of legal counsel and due diligence providers who are telling them to stay clear because of assignee liability issues. Late last week, senior executives from the Structured Finance Industry Group traveled to Washington to meet CFPB Director Richard Cordray, but one official familiar with the get-together said the regulator conveyed a message of “Thanks for coming in, but we don’t think there’s a problem.” For now, most of the concern about a stalled secondary market has focused...

The advent of mobile phone financing has given U.S. asset-backed securitization a new twist with its unique risks and strengths relative to other consumer ABS, according to a new report from Moody’s Investors Service. Mobile phone financing represents a shift from the previous business model of subsidizing phone purchases for customers with two-year service contracts. Many cell-phone makers and wireless carriers, such as Apple, Samsung Electronics, T-Mobile, AT&T, Sprint and Verizon, now use financing contracts in most of their phone sales. The most common form of financing is...

The Consumer Financial Protection Bureau’s disclosure rule has caused some disruptions in the non-agency market, but a number of lenders suggest that they’ve made adjustments to TRID and expect to return to business as usual. TRID disclosure requirements took effect for loan applications submitted on Oct. 3 and beyond. In the weeks after, many lenders reported longer closing timelines along with issues involving sales of non-agency mortgages due to ...

Non-agency mortgage-backed security issuers and investors continue to work to make adjustments that will help increase activity in the market. Among the issues under discussion are representations and warranties and the use of a deal agent or transaction manager. “Industry participants are now focusing on clearly identifying which parties to a transaction are covered by the current rep-and-warrant framework, and to which activities it is applicable,” according to a recent report ...

The FHA Mutual Mortgage Insurance Fund is projected to generate $9.1 billion in profits in FY 2017 but officials say they will not be reducing mortgage insurance premiums any time soon. Released this week, the White House’s proposed budget projects FHA will insure $204 billion in new forward, single-family mortgages with a negative credit subsidy of 4.42 percent for each loan, resulting in a projected profit of $9.1 billion. In fiscal 2016, the program is expected to generate $7.7 billion in profits. Separately, for the Home Equity Conversion Mortgage program, the proposed budget is projecting $18.5 billion in new reverse mortgage loans with a negative credit rate of 0.33 percent, netting $61 million in profits. During a budget briefing, Housing and Urban Development Secretary Julian Castro said there are no plans to change the current mortgage insurance premium. “We want to ensure our ...

While they are effective, the VA’s Frequently-Asked-Questions on the qualified mortgage interim final rule provide helpful guidance on certain aspects of Interest Rate Reduction Refinance Loans (IRRRLs) origination as they relate to the VA QM rule, according to an analysis by the Washington, DC, law firm K&L Gates. The intricacies of IRRRL treatment under the interim final rule suggest the product may continue to be subject to ambiguities disproportionate to its limited role in the mortgage marketplace, wrote authors Kristie Kully and Eric Mitzenmacher, attorneys with the firm. VA’s interim final rule provides that all VA loans are QMs. The authors note that while most VA loans are safe harbor QMs under the rule, certain streamlined refinance loans (IRRRLs) are entitled only to a rebuttable presumption. Under the VA interim final rule, an IRRRL is deemed to have safe harbor QM status if the ...

The Department of Housing and Urban Development has updated guidance regarding its requirement for lenders to utilize loss mitigation options on a distressed loan or initiate foreclosure within six months of the default date. Specifically, guidance issued earlier this month reiterates the existing eight automatic extensions available to mortgagees when they are unable to initiate foreclosure within the allotted timeframe. In addition, the guidance introduces two new automatic extensions that would align with the Consumer Financial Protection Bureau’s Real Estate Settlement Procedures Act regulations. The guidance is effective for all FHA-insured mortgages in default on or after Oct. 1, 2015. The CFPB RESPA regulations require an appeals process for borrowers when their request for loan modification is denied. Through this guidance, HUD provides an automatic 90-day extension to the ...

Two Republican lawmakers in the House have raised questions about the diminishing capital held by Fannie Mae and Freddie Mac at a time when the two government-sponsored enterprises are expected to generate huge dividends for the government over the next decade. Reps. Stephen Lee (TN) and Mick Mulvaney (SC) recently asked the Federal Housing Finance Agency and the Treasury to consider the impact on the financial system and taxpayers of the GSEs holding no capital. They argue that Fannie and Freddie are already in violation of their statutory capital reserve requirements, and they will not be able to hold any capital after Jan. 1, 2018. “It is...