MBA Sends Recommendations to Federal Agencies on Risk Retention Guidelines from Commercial and Multifamily Mortgage Finance Perspective

MBA Sends Recommendations to Federal Agencies on Risk Retention Guidelines from Commercial and Multifamily Mortgage Finance Perspective

Members of Media:

WASHINGTON, D.C. – July 13, 2011 – (RealEstateRama) — On Monday, July 11, 2011, the Mortgage Bankers Association (MBA) sent the attached letter to federal regulators outlining MBA’s views and recommendations from the commercial and multifamily mortgage finance perspective in response to the proposed risk retention rule under Section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

In its letter, MBA commends federal regulators for the extensive effort and coordination in implementing the risk retention provisions of the Act, underscoring the importance of aligning interests among market participants and policy actions that facilitate the establishment of a transparent, liquid and responsible securitization market. MBA’s letter supports the proposed rule’s flexible approach to risk retention and recommends additional structures that would support liquidity in the commercial/multifamily real estate sector. MBA, however, strongly opposes the proposed Premium Capture Cash Reserve Account (PCCRA), which would effectively eliminate the incentives for securitizations that provide liquidity to this market. In lieu of the PCCRA, MBA proposes risk retention calculation methodologies that would serve the policy purposes underlying risk retention. In addition, MBA’s letter addresses the conditions under which third-party, “B-piece” purchasers could meet the risk retention requirements and recommends a more targeted role for the proposed “operating advisor.” Finally, MBA proposes underwriting metrics for loans that would qualify for zero risk retention that are better aligned with low-risk loan characteristics and more consistent with commercial/multifamily real estate lending practices.


The Mortgage Bankers Association (MBA) is the national association representing the real estate finance industry, an industry that employs more than 280,000 people in virtually every community in the country. Headquartered in Washington, D.C., the association works to ensure the continued strength of the nation’s residential and commercial real estate markets; to expand homeownership and extend access to affordable housing to all Americans. MBA promotes fair and ethical lending practices and fosters professional excellence among real estate finance employees through a wide range of educational programs and a variety of publications. Its membership of over 2,400 companies includes all elements of real estate finance: mortgage companies, mortgage brokers, commercial banks, thrifts, Wall Street conduits, life insurance companies and others in the mortgage lending field.


Mortgage Bankers Association
1331 L Street, NW
Washington, DC 20005

Phone: (202) 557-2700