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Inside MBS & ABS

December 14, 2012

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Final CFPB Ability-to-Repay Rule Expected to Maintain Dominance of Agency MBS Issuance

The highly anticipated ability-to-repay rule from the Consumer Financial Protection Bureau is expected to perpetuate the status quo in the MBS market, with nearly all the action taking place at Ginnie Mae and the government-sponsored enterprises, according to speakers at a panel discussion hosted by the American Securitization Forum this week. The rule, which will provide legal protection for lenders that originate home loans meeting its “qualified mortgage” definition, will also likely continue the stream of plain vanilla mortgages that currently populate agency MBS. Edward Mills, a research analyst and senior vice president at FBR Capital Markets, suggested... Read More

Rating Services Win Dismissal in Liability Case from Non-Agency MBS Investors

The dismissal of a lawsuit from non-agency MBS investors against the rating services was confirmed last week, including a ruling that ratings from Fitch Ratings, Moody’s Investors Service and Standard & Poor’s were not negligent misrepresentations. The U.S. Court of Appeals for the Sixth Circuit confirmed the September 2011 dismissal of a lawsuit brought by investors led by the Ohio Police & Fire Pension Fund. The lawsuit related to 308 AAA-rated non-agency MBS issued between 2005 and 2008, with the investors taking losses of $457 million from the securities. The investors claimed... Read More

Securitization Rate Remains in Record Territory As Agencies Handle Gusher of Refi Business

Mortgage securitization rates remained at record levels through the third quarter of 2012, with 86.3 percent of primary market originations being financed as MBS, according to a new analysis by Inside MBS & ABS. A total of $1.15 trillion of MBS backed by recently originated loans were issued through the first nine months of the year, soaking up most of the $1.33 trillion in new production during that period. The market is on track to top the record 84.4 percent securitization rate set for the full year back in 2009, after two years in which the rate had drifted somewhat lower. During the third quarter, the securitization rate surged...[Includes one data chart] Read More

CFTC’s Second Letter Clarifies Commodity Pool Treatment for Certain Securitizations, Provides Relief

The Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission has issued an interpretation clarifying commodity pool treatment for certain securitizations and a no-action letter providing additional relief for certain legacy securitization entities. Specifically, the letter explains when exclusion from commodity pool regulation for certain securitization vehicles that do not meet any of the criteria set forth in an October 2012 no-action letter is appropriate. It also provides relief for certain securitization vehicles formed before Oct. 12, 2012. In the October no-action letter, the CFTC spelled out... Read More

ASF: Dodd-Frank Title VII Proposal Rife With ‘Unintended Consequences’ for Securitizations

Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act will carry two key “unintended consequences” for the structured finance industry should it be implemented in its current form, a trade group representative warned lawmakers this week. Testifying before the House Financial Services Subcommittee on Capital Markets and Government-Sponsored Enterprises, American Securitization Forum Executive Director Tom Deutsch said that Title VII’s treatment of commodity pools and margin requirements triggers two potential “compliance challenges” for some parties in securitization transactions that may hurt all of the beneficiaries of the deal. “We would not have expected... Read More

Industry Trade Groups Call for Stability, Liquidity in Multifamily Lending as Part of GSE Reform

Two separate white papers from industry trade groups on reform of the government-sponsored enterprises call for a strong government role to provide stability and liquidity in multifamily mortgage finance. The Mortgage Bankers Association called for a system of private capital finance for multifamily housing, with a focus primarily on securitization and the federal government serving as a catastrophic insurer. The program would be funded through risk-based premiums paid by the entities that securitize the loans, according to Brian Stoffers, president of CBRE Debt and Equity Finance. “We recognize... Read More

Slow, Uneven Economic Recovery May Lead to Another Recession, Negative Result for MBS Market

Analysts expect the U.S. economic recovery to continue on a slow, weak path into 2013 with the potential for a new recession that could weaken the residential MBS market. At Standard & Poor’s, analysts predict a “slow and uneven” economic recovery with a 15 percent to 20 percent chance of another recession that would be less severe than the 2008-2009 financial crisis but potent enough to sap the MBS market. S&P assumes a reversal in home prices and unemployment rising to near 9 percent in 2013, which could hamper borrower capacity to make their mortgage payments. Overall, S&P’s outlook for the single-family MBS market is... Read More

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