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Inside MBS & ABS

June 22, 2012

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Basel III Regime Raising a Host of Questions About Mortgage Lending, Securitization, Access to Credit

The mortgage finance industry has only had about a week or so to begin digesting the federal banking regulators’ proposal to implement the Basel III regulatory capital reforms and other changes mandated by the Dodd-Frank Act, but there are plenty of concerns that have arisen in just that short a space of time. “This is a substantial increase in the amount of capital that banks have to hold, and it requires not only more capital, it changes the quality and the composition of the capital,” said Carter McDowell, managing director and associate general counsel at the Securities Industry and Financial Markets... Read More

HARP Activity Gaining Momentum From Higher LTV Categories, But Overall GSE Refi Business is Slowing

Fueled by a pent-up gusher of refinance activity on deeply underwater mortgages, the Home Affordable Refinance Program appears on pace to set a new record high in the second quarter of 2012, according to a new Inside MBS & ABS analysis. Based on loan-level data through the midway point in June, securitization of HARP loans by Fannie Mae and Freddie Mac is expected to reach an estimated $53.3 billion in the second quarter. That would represent a 27.1 percent increase over the previous record, $42.0 billion, set in the first three months of this year. A big chunk of the increase is...(Includes two data charts) Read More

Fed Policy Continues on Cruise Control As Clock Begins to Tick on Another Easing

The Federal Reserve surprised some analysts this week by taking a cautious path in its latest effort to stimulate employment growth, choosing to extend its Operation Twist bond-buying program until the end of 2012 by focusing on Treasuries. The Federal Open Market Committee “intends to purchase Treasury securities with remaining maturities of 6 years to 30 years at the current pace and to sell or redeem an equal amount of Treasury securities with remaining maturities of approximately 3 years or less,” the FOMC said after its two-day meeting this week. “This...(Includes one data chart) Read More

Redwood Trust Continues to Pool High-Quality Mortgages for Its Third Jumbo Deal in 2012

Redwood Trust is getting ready to issue its third jumbo non-agency MBS of the year, a slightly smaller deal backed by loans with slightly less shelf life. Fitch Ratings said it would give a triple-A rating to the most senior class based on 7.30 percent credit enhancement. That’s slightly above the 7.15 percent enhancement supporting the top tranche in Redwood’s previous jumbo deal. The company’s first securitization of 2012 had 8.25 percent of credit support for the top class, but it included a significant number of adjustable-rate mortgages. The new transaction, Sequoia Mortgage Trust 2012-3, will be backed by all... Read More

Court Orders UBS Case to Proceed as ‘Test Case’ in a Series of Cases Involving Past GSE MBS Purchases

The Federal Housing Finance Agency’s case against UBS Americas will serve as a test case in a series of lawsuits the agency filed in connection with non-agency MBS purchased by Fannie Mae and Freddie Mac, a Manhattan federal district court ruled last week. In a June 13 decision, Judge Denise Cote of the U.S. District Court for the Southern District of New York denied UBS’s request that it should not be the first of 17 cases to proceed because it is not a loan originator and was not accused of fraud. According to the court, UBS was the best test case because the number of securitizations and... Read More

Mortgage Industry Groups Offer Support for Finance Agency’s Risk Sharing Proposal, More Details Desired

Industry trade groups like what they have heard so far about the Federal Housing Finance Agency’s risk sharing proposal that would shift some of the mortgage credit exposure the government-sponsored enterprises hold to private investors, but more details are desired. In a comment letter on the FHFA’s draft strategic plan, the American Bankers Association said it “would welcome more details” about the agency’s intention to implement risk sharing but the trade group favors the effort. “This could be an important tool to re-engage the private sector, but it must be done in a transparent and well... Read More

OCC Final Rule Eliminates Credit Rating References, Importance of Due Diligence, Analysis Underscored

The Office of the Comptroller of the Currency has finalized a rule replacing certain credit rating references with alternative standards of credit worthiness to help banks determine whether a security is “investment grade.” Published in the June 13 Federal Register, the final rule is identical to the rule proposed by the OCC in November 2011 to implement directives in the Dodd-Frank Act to prevent over-reliance on credit ratings. Congress partly blamed inflated credit ratings for the financial crisis when triple A-rated mortgage securities lost their value as interest rates rose and home values... Read More

Lawyers: More MBS Litigation To Come As Direction, Outcome of Cases Hinge on Future Court Rulings

Current and potential defendants in residential MBS litigation should expect more lawsuits stemming from the mortgage market collapse, particularly by or on behalf of state actors, but entities named in those suits are not without legal countermeasures, according to legal experts. During a webinar sponsored this week by the State Attorneys General Enforcement Network, attorneys Jason Halper and Martin Seidel of the law firm of Cadwalader, Wickersham & Taft predicted that the mortgage industry is only about halfway through the onslaught of MBS litigation to be brought by aggrieved investors. “I think this... Read More

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