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Commercial MBS Production Hit a Post-Crash High in 2013

February 14, 2014
John Bancroft
Industry participants expect that volume will continue to grow as investor demand for commercial MBS remains strong despite some loosening of underwriting standards.
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SEC to Push for More Admissions of Guilt in Securities Deals, But the Move Could Result in Fewer Settlements

February 14, 2014
A policy shift at the Securities and Exchange Commission requiring admission of guilt in certain cases may encourage wrongdoers in the securities market to litigate rather than settle, resulting in fewer SEC settlements, according to some compliance attorneys. Fear of possible criminal prosecution and the lasting impact of an admission of guilt could compel accused companies and individuals to take their cases to trial rather than negotiate a settlement, warned Philip Stein and Jeremy Sahn, partners in the Miami-based law firm of Bilzin Sumberg. Starting in June 2013, the SEC began requiring...
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Rep & Warranty Damage: $89 Billion, Eventually, But Banks are Reserved

February 14, 2014
Brandon Ivey
Losses incurred for rep-and-warrant claims tied to MBS could total $89 billion eventually. However, banks have already reserved $88 billion, according to some tallies.
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‘Robo-Signing’ Whistleblower Returns to Haunt Mortgage Industry; The FHA Angle

February 14, 2014
George Brooks
The lawsuit seeks to recover unspecified damages and penalties from the defendants for using fraudulent mortgage assignments and FHA endorsements to submit tens of thousands of false FHA claims from 2000 through 2010.
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Delay of Ocwen’s Purchase of Servicing on Non-Agency MBS from Wells Fargo Seen as Temporary, Ordinary

February 14, 2014
Ocwen Financial announced late last week that its planned purchase of mortgage servicing rights on a $39.2 billion portfolio of mortgages from Wells Fargo is on “indefinite hold” due to a request and scrutiny by the New York Department of Financial Services. Industry participants suggest that delays in servicing transfers due to third parties are common and the deal with Ocwen, which largely consists of mortgages in non-agency MBS, will be completed. “Ocwen will continue to work closely with the NYDFS to resolve its concerns about Ocwen’s servicing portfolio growth,” the servicer said. The NYDFS raised concerns that Ocwen doesn’t have enough capacity to handle the significant portfolio growth experienced by the servicer in recent years. Certain nonbank servicers are getting...
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IG: FHFA’s Oversight of ‘Servicing Alignment’ Project Remains Unsupervised

February 14, 2014
Charles Wisniowski
One of the goals of the “servicing alignment initiative” is to limit losses at the GSEs.
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What We’re Hearing: What are Fannie and Freddie Paying Their Subservicers? / Still in Love with the Mortgage Industry / John Robbins Returns with a Mortgage Co-op / MountainView Readies Another MSR Auction

February 14, 2014
Paul Muolo
For an industry that’s looking at a 30 percent decline in originations, we’re seeing a great deal of SEC 13-d filings by investment funds that are upping their stakes in such players as MGIC, Radian, Ocwen, Walter, EverBank and the like.
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VA Production Slows in 4Q13 Though Still a Reco

February 14, 2014
VA activity appeared to lose momentum in the fourth quarter of 2013 as approved lenders reported $129.9 billion in total originations for the year, according to Inside FHA Lending’s analysis of Department of Veterans Affairs data. Production has been gradually slipping since the end of the first quarter, when lenders posted an aggregate $37.5 billion in new VA loans. The fourth quarter ended with $22.4 billion in total originations, which was down a hefty 32.1 percent from the previous quarter. On a year-over-year basis, however, VA originations were up by 1.5 percent. Refinancing accounted for 9.9 percent of VA production in 2013, up slightly from ... [1 chart]
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FHFA Goes Radio Silent on Mortgage Insurance Eligibility Standards

February 12, 2014
Paul Muolo
The FHFA will show the MI standards to state insurance regulators first, but only if they agree to sign a “non-disclosure” agreement with the FHFA or the government-sponsored enterprises regarding the content they see.
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Short Takes: GSE Reform Legislation: Living the Dream / Mel Watt, the Man Behind the Curtain / The OC Gets Pricey, Again / PHH Mortgage, A Buyer of MSRs? / Ugly Refi Numbers, Ugly

February 12, 2014
John Bancroft, Paul Muolo, and Charles Wisniowski
Since Mel Watt was sworn into a five-year term as Federal Housing Finance Agency director on January 6, the former North Carolina Congressman has made no public appearances or policy statements except for canned comments attributed to him in routine FHFA press releases.
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