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Inside Nonconforming Markets

July 1, 2011

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BofA Stands Down, Settles Non-Agency MBS Buybacks and Sets Path for Others

Facing a growing coalition of dissatisfied non-agency mortgage-backed security investors, Bank of America announced this week that it plans to settle a large portion of its non-agency MBS claims related to buybacks and servicing. The action sets a precedent for the sector, making settlements with other non-agency MBS issuers more likely. “Bank of America has charted...[Includes one graph] Read More

Option ARM Performance Tied to Interest Rates

There will be “no option ARM time bomb explosion in 2012,” according to analysts at Deutsche Bank Securities. However, the projection is contingent on low interest rates, which analysts at Fitch Ratings warn are likely to increase in the coming years. “A potentially significant risk on the horizon is the prospect of rising interest rates,” Fitch said. Mortgage interest rates track closely with yields on 10-year Treasury bonds. Yields on the Treasury bonds are beginning… Read More

Lenders Starting to Eye Non-Prime Originations

At least three lenders are looking to re-establish the market for non-prime lending. Two firms are hoping to attract additional funding and begin non-prime lending shortly, while a smaller player is already offering the loans. Shellpoint Partners has plans to expand the offerings of a recently acquired agency originator, New Penn Financial. Shellpoint is a specialty finance company and joint venture with Ranieri Partners. Lewis Ranieri, a co-founder of Shellpoint, said... Read More

Escrow Requirements Limiting Subprime Lending

Subprime borrowers in rural areas have been significantly impacted by mandatory escrow requirements on higher-priced mortgages, according to community banks. The Independent Community Bankers of America is leading efforts by banks to limit or remove escrow requirements currently enforced by the Federal Reserve. The minimum period for mandatory escrow accounts for most first-lien higher-priced mortgages would be expanded... Read More

Non-Agency Market a Flashpoint in QRM Debate

The strength of the non-agency market has become a major point of concern as a diverse coalition of market participants lobbies for changes to a proposed rule for mandatory risk retention. The impact on the non-agency market is second only to the group’s concerns about downpayment requirements in the qualified residential mortgage debate. “The proposed narrow QRM rule discourages... Read More

NCUA Claims Misreps on Non-Agency MBS

The National Credit Union Administration’s lawsuits regarding non-agency mortgage-backed securities mark a shift in focus to misrepresentation rather than breaches of representations and warranties, according to industry attorneys. Last week, the NCUA filed lawsuits against JPMorgan Securities and RBS Securities claiming that misrepresentations as well as violations of federal and state securities laws caused... Read More

FDIC Concerns Remain with Covered Bond Bill

Legislation gaining momentum in Congress to create a covered bond framework still lacks the endorsement of the Federal Deposit Insurance Corp. Analysts note that the FDIC’s concerns need to be addressed for there to be any hope of establishing a non-agency market via covered bonds. Last week, the House Financial Services Committee approved H.R. 940, the U.S. Covered Bond Act of 2011, by a 44-7 bipartisan vote. However, the committee rejected... Read More

Home Builders, Realtors Proffer Loan Limit Fears

Trade groups representing home builders and real estate agents are warning Congress that a decrease in conforming loan limits will result in higher interest rates for borrowers and other less favorable loan terms. However, the housing advocates face a tough battle in extending temporarily elevated conforming loan limits. Without action from Congress, the high-cost loan limit for agency mortgages and the FHA will fall from $729,750 to $625,500 beginning Oct. 1. Some 5.25 million owner-occupied homes will no longer qualify... Read More

News Briefs

Morgan Keegan, a brokerage subsidiary of Regions Financial, agreed to pay $200 million last week to settle fraud charges related to subprime mortgage-backed securities. The settlement was reached with the Securities and Exchange Commission, state regulators and the Financial Industry Regulatory Authority. The regulators accused Morgan Keegan of causing the false valuation of subprime MBS in five funds managed by Morgan Asset Management from January to July 2007. The settlement also states... Read More

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