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Tag Archives: American Securitization Forum

Industry Questions Legality of California City’s Eminent Domain Plan

After the city of Richmond, California, announced an unconventional plan to ward off foreclosures among underwater homeowners, several industry groups have called into question the constitutionality of the plan. The plan, which ""is fraught with negative economic consequences for the community,"" according to the ""Association of Mortgage Investors (AMI), is for the city to obtain the mortgage loans of underwater properties and help homeowners refinance at their homes' current value.

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C.A.R. Sponsoring Bill Preventing Foreclosures with Approved Short Sales

The California Association of Realtors (C.A.R.) announced its support for a bill that will prevent California homeowners from going into foreclosure if they have negotiated a short sale with their lender or servicer. Assembly Bill 1745 (Torres, D-Pomona) prevents lenders or servicers from recording a notice of sale if a short sale has been approved. The bill is scheduled for hearing on April 30 by the Assembly Banking and Finance Committee.

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American Securitization Forum Proposes New RMBS Guidelines

The American Securitization Forum (ASF) recently released the ASF Model RMBS Repurchase Principles, which were designed to align the incentives of originators with those of investors. The trade group's guidelines deal specifically with maintaining skin-in-the-game through the enforcement of representations and warranties. ASF says the risk retention rules proposed by regulators, on the other hand, are not sufficiently tailored to various asset classes and will likely have negative consequences.

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Chicago Holds Lenders Without Title Accountable for Vacant Homes

The Chicago City Council has passed a local statute that will make lenders liable for the upkeep of vacant homes even when the borrower still holds the title. The ordinance was approved unanimously by council members. It amends the definition of a ""property owner"" in the municipal code to include an entity who holds a mortgage on the property, which means lenders are liable for routine maintenance and repairs even prior to foreclosing and taking control of the title if the borrower abandons the home.

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Securitization Group Puts Down Roots in D.C.

The American Securitization Forum (ASF) is opening a Washington, D.C. office. The organization is headquartered in New York but with all the new rules and regulatory changes coming down from Washington, ASF says a physical presence there will help further its advocacy efforts on behalf of the securitization markets. In conjunction with the office opening, ASF has named Jim Johnson managing director of public policy. Johnson previously served as senior counsel to the U.S. Senate Banking Committee for Ranking Member Richard Shelby.

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