The requirement from last year’s landmark financial services legislation that MBS issuers retain some of the risk associated with residential mortgages will raise the costs of securitizing them to prohibitive levels, discouraging the return of private capital and maintaining the market’s dependence on Fannie Mae and Freddie Mac, industry experts warn. The proposed definition of “qualified residential mortgages” under the terms of the Dodd-Frank Wall Street Reform and Consumer Protection Act was a major focus of concern raised during a webinar last week sponsored by Inside Mortgage Finance. “I think the big-picture news is that certainly the risk-retention regulations do what Dodd-Frank mandates that they do. But in some very important ways they go beyond that...

The battle over the Dodd-Frank-mandated risk-retention rules continues on Capitol Hill, with lawmakers rehashing concerns about either the detrimental or beneficial effects the proposed rule may have on the market. The Dodd-Frank Act required federal regulators to come up with a definition of “qualified residential mortgages” that would be exempt from a 5 percent risk-retention requirement when securitized. During a hearing this week in the House Oversight Subcommittee on TARP, Financial Services and Bailouts of Public and Private Programs, Republican lawmakers argued that transparency is a better solution to restoring investor confidence and reviving the non-agency MBS market. But according to Rep. Elijah Cummings, D-MD, lenders shouldn’t be let off the hook, and the risk-retention rules do furnish necessary...

Securitization markets would gain more certainty regarding securities issuance going forward under legislation passed out of a House subcommittee this week that would restore to credit rating agencies their previous exemption from expert liability under the Securities Act of 1933. The exemption was removed with...

Mortgage lenders and compliance experts are deeply concerned about the recently published risk-retention proposal and its impact on the availability of credit for eligible borrowers as well as the potential fair lending issues it may raise. Industry trade groups are especially worried about...

Securitization remained the dominant method of financing new residential mortgages during 2010 despite the fact that the non-agency MBS market remains in shambles. Some 84.9 percent of the $1.570 trillion of home loans originated last year were pooled...[Includes one data chart]

Fannie Mae and Freddie Mac purchases of distressed loans from mortgage-backed securities nearly offset the run-off of the GSEs’ retained MBS holdings in 2010, according to a new Inside The GSEs analysis. Fannie and Freddie held...[Includes one data chart]

The Massachusetts Supreme Judicial Court (SJC) handed the mortgage industry something to crow about regarding the validity of mortgage loan assignments in foreclosure cases – which, ironically, may not amount to a hill of beans beyond the Bay State, according to compliance experts. Contrary to claims of consumer victory and negative implications for the mortgage industry, the SJC in U.S. Bank National Association v. Ibanez held...

Fannie Mae and Freddie Mac processed a surge in mortgage-backed securities issuance during the fourth quarter of 2010, but current indicators suggest the production boom is already fading. The two GSEs issued $331.5 billion in single-family MBS during the final three months of the year, a 32.6 percent increase over the third quarter. It was...[Includes one data chart]