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Inside MBS & ABS

February 3, 2012

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FHFA, Freddie Dispute, Analysts Uncertain of Report’s Conclusion of GSE Incentive Against Homeowner Refi

Both the Federal Housing Finance Agency and Freddie Mac are refuting a published report suggesting that a mortgage finance vehicle at one time employed by the government-sponsored enterprise was designed to profit the company by preventing homeowners from refinancing. An article published this week by ProPublica and National Public Radio contended that Freddie stood to profit from hedging investments known as inverse floaters that would pay higher returns if interest rates rose and more homeowners remained in mortgages with high interest rates. According to ProPublica, Freddie purchased inverse floaters... Read More

MBS Trustees Facing Increased Liability, Pressure from Servicers on SEC Reporting

MBS trustees are facing challenges on a number of fronts, according to panelists at the American Securitization Forum’s ASF 2012 conference last week in Las Vegas. Issuers are counting on trustees to provide new information required by the Securities and Exchange Commission, communications with the rating services have become strained, and municipalities are looking to require property maintenance on abandoned homes. Under the Dodd-Frank Act, the SEC now requires ABS issuers to disclose the three-year history of the repurchase requests they’ve received – including those withdrawn and those disputed... Read More

Justice Department Launches RMBS Unit to Investigate Broad Range of Securitization Issues

Federal and state enforcement agencies late last week launched a broad new initiative to investigate and develop litigation on fraud and misconduct in the non-agency MBS market, issuing civil subpoenas to 11 financial companies. The RMBS Working Group is being co-chaired by five officials: two assistant attorneys general in the Justice Department, the head of enforcement at the Securities and Exchange Commission and state attorneys general from New York and Colorado. Some 55 DOJ officials are participating, including 15 attorneys and 10 Federal Bureau of Investigation agents, with 30 more attorneys... Read More

Ratings Uncertainty, Changing Investor Attitudes Are Key Factors in Sluggish Non-Agency MBS Market

New regulations are re-shaping the non-agency MBS market, but economic issues, the ratings process and shifting investor appetite may have more to do with the stalled recovery in the sector, experts said during the American Securitization Forum conference last week in Las Vegas. John Arnholz, a partner at Bingham McCutchen LLP, suggested that the regulators will end up issuing a new proposed rule on risk retention, given the widespread opposition to the original proposal. The proposed premium capture recovery fund idea “came out of nowhere,” he said, adding that there is a good deal of dissent among the six... Read More

Regulatory Complexity Threatens to Stall MBS/ABS Market Recovery, Experts Say

While a major regulatory concern of the past few years – the risk-retention rule – has yet to be resolved, the industry is squaring its shoulders for new challenges: the so-called Volcker Rule, a proposal on conflicts of interest in securitization and new bank capital requirements regarding market risk. These projects could do “enormous or irreparable damage to the industry, and entire sectors of the industry could be lopped off,” said Tom Deutsch, executive director of the American Securitization Forum, during the ASF conference last week in Las Vegas. Only about one eighth of the regulatory requirements... Read More

Agency MBS Issuance Cools Slightly in January Despite Gains in Freddie and Ginnie Programs

Freddie Mac saw a substantial increase in its single-family MBS program from December to January, but overall agency MBS production declined for the month, according to a new ranking and analysis by Inside MBS & ABS. The three agencies generated a total of $114.02 billion in new single-family MBS last month, down 4.0 percent from December. The total was also off 16.4 percent from January 2011 issuance. Agency MBS production had increased steadily over the last five months of 2011 after hitting a low spot of $70.34 billion in July. But issuance at Freddie jumped a whopping 45.8 percent from... Read More

No Major Surge Expected From Expansion Of HAMP, But Changes Will Be Positive

The Obama administration late last week announced that it is extending its Home Affordable Modification Program for another year and sweetening the inducements to get investors to agree to principal reduction loan mods. MBS analysts generally grade the changes as a positive for the non-agency MBS market, but the impact on Fannie Mae and Freddie Mac securities may depend on whether the government-sponsored enterprises agree to principal reductions. The revised HAMP program will now be available for investor-owned mortgages, and it will feature a revised debt-to-income calculation taking into... Read More

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