Charlie McDonald

Associate

New York


Read full biography at www.orrick.com
Charlie McDonald is an associate in Orrick’s New York office and a member of the firm’s Structured Finance Group.

Charlie represents a variety of financial institutions and market participants, including sponsors, issuers and underwriters, in public and private offerings of various asset-backed securities, as well as other types of asset financings and sales.

Charlie has experience with a broad range of asset classes, including credit and charge card receivables, commercial mortgages, consumer and small business loans, auto loans and leases, and other structured financial products.

Prior to joining Orrick, Charlie served as a law fellow with the Federal Reserve Bank of New York.

Posts by: Charlie McDonald

CFPB Proposes New Category of Qualified Mortgages

 

On August 18, the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking (NPRM) to create a new category of qualified mortgage (QM) loans exempt from Regulation Z’s ability-to-repay requirements. The new “Seasoned QM” category would include certain fixed rate, first lien loans that the creditor has held in portfolio for a seasoning period of 36 months and that meet certain performance requirements at the end of such period. The proposal would also permit loans in temporary forbearance as a result of disaster or pandemic-related emergencies to qualify for Seasoned QM status if certain conditions are met. Comments on the proposal will be due 30 days after publication in the Federal Register. Release. NPRM.

CFTC Approves Proposed Amendments to Margin Requirements for Swap Dealers and Major Swap Participants

 

On August 14, the Commodity Futures Trading Commission (CFTC) approved two proposed amendments to margin requirements for Swap Dealers and Major Swap Participants (the “CFTC Margin Rule”). The first proposal would, among other changes, revise the method for determining whether an entity comes within the scope of the initial margin requirements under the CFTC Margin Rule and the timing for compliance. The second proposal would permit the application of separate minimum transfer amounts for initial and variation margin, as well as a minimum transfer amount of up to $50,000 for separately managed accounts. Each proposal will be subject to a 30-day comment period following publication in the Federal Register. Release.

Rating Agency Developments (July 30 – August 19)

 

On August 19, Moody’s published its research report titled Housing – US: Urban Markets Will Recover After Pandemic as Americans’ Housing Decisions Evolve. Report.

On August 14, Fitch published its updated criteria for rating Trade Receivables Securitizations. Criteria.

On August 14, Moody’s published its updated methodology for rating Collateralized Loan Obligations. Methodology.

On August 7, KBRA published its Structured Finance surveillance report titled CMBS: Bank 2019-BNK19. Report.

On August 7, KBRA published its research report titled RMBS Credit Indices: July 2020. Report.

On August 4, KBRA published its Public Finance research report titled Coronavirus (COVID-19): New Jersey and Other States Consider Deficit Borrowing. Report.

On August 4, Moody’s published its methodology for rating Market Value Collateralized Loan Obligations. Methodology.

CFPB Issues Interim Final Rule on Loss Mitigation Options for Homeowners Impacted by COVID-19

 

On June 23, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule that amends Regulation X by temporarily permitting mortgage servicers to offer certain loss mitigation options to borrowers impacted by the COVID-19 pandemic without first obtaining a completed loss mitigation application from the borrower. Release. Interim Final Rule.

CFPB Issues Proposals to Amend Qualified Mortgage Definition and Extend GSE Patch

 

On June 22, the CFPB issued two notices of proposed rulemaking (NPRMs) regarding the Qualified Mortgage (QM) exemption from the ability-to-repay requirements of Regulation Z. The first proposal would, among other changes, revise the general QM loan definition by replacing the QM borrower debt-to-income ratio limit with a price-based approach to determining loan eligibility. The second proposal would extend the current January 2021 sunset date in the provision granting QM status to mortgages eligible for purchase by Fannie Mae or Freddie Mac (the “GSE Patch”) to the date on which the amendments to the general QM loan definition become effective. Comments on the NPRM to revise the general QM loan definition are due 60 days following publication in the Federal Register. Comments on the NPRM to extend the GSE Patch are due 30 days following publication. Release. NPRM (General QM Loan Definition). NPRM (GSE Patch Extension).

Rating Agency Developments (June 18 – June 30)

 

On June 30, Fitch published its criteria for Covered Bonds RatingCriteria.

On June 30, DBRS Morningstar published its updated methodology for U.S. ABS General RatingsMethodology.

On June 26, Moody’s published its updated methodology for Catastrophe Bonds. Methodology.

On June 26, KBRA published a ­­­­­­­­­­­­­­­release titled KBRA Assigns Ratings to BANK 2020-BNK27. Release.

On June 25, KBRA published a report titled Public Finance: Coronavirus (COVID-19): Unemployment Improves in All but Six States. Report.

On June 24, Moody’s published its revised methodology for rating Credit Card Receivables-Backed Securities. Methodology.

On June 24, Moody’s published its revised methodology for rating Credit Tenant Lease and Comparable Lease Financings. Methodology.

On June 19, Fitch published its revised criteria for rating Future Flow Securitizations. Criteria.

On June 19, Fitch published its revised criteria for rating CMBS Large Loans. Criteria.

On June 19, Moody’s published its revised methodology for rating Floorplan Asset-Backed Securities. Methodology.

On June 19, Moody’s published its revised methodology for rating Repackaged Securities. Methodology.

On June 18, Moody’s published its revised methodology for rating Covered Bonds. Methodology.

Rating Agency Developments (April 23 – May 6)

 

On May 6, Fitch published its updated Future Flow Securitization Rating. Criteria.

On May 4, DBRS Morningstar published its updated Assessing U.S. RMBS Pools Under the Ability-to-Repay Rules. Methodology.

On May 1, Moody’s published its updated Tobacco Settlement Revenue Securitizations. Methodology.

On May 1, Moody’s published its updated US Tax Lien-Backed Securitizations. Methodology.

On April 28, KBRA published an article entitled Coronavirus (COVID-19): CMBS Special Servicing and Watchlist Trends. Report.

On April 27, DBRS Morningstar published an updated version of Rating and Monitoring Covered Bonds. Methodology.

On April 27, DBRS Morningstar published an updated version of Rating and Monitoring Covered Bonds Addendum: Market Value Spreads. Methodology.

On April 27, Moody’s published its updated Structured Settlement Securitizations. Methodology.

On April 24, Moody’s published its updated Non-Performing and Re-Performing Loan Securitizations. Methodology.

On April 23, Fitch published its updated Credit Card ABS Rating. Criteria.

On April 23, KBRA published an article entitled Coronavirus (COVID-19): Private Corporate Credit Market Poised for Resiliency. Report.

Federal Reserve Board Announces Expansion of Municipal Liquidity Facility

 

On April 27, the Federal Reserve released an updated Term Sheet and FAQs expanding the scope and duration of its Municipal Liquidity Facility. Among other changes, the updated Term Sheet provides that eligible notes must have less than 36 months maturity (previously 24 months) and eligible issuers include counties with at least 500,000 residents and cities with at least 250,000 residents (previously 2 million and 1 million). The Federal Reserve also extended the program’s termination date by three months to December 31. Release. Updated Term Sheet. FAQs.

FHFA to Allow FHLBanks to Accept PPP Loans as Collateral for Member Advances

 

On April 23, the Federal Housing Finance Agency issued a supervisory letter addressed to Federal Home Loan Banks’ (“FHLBanks”) presidents advising them that FHLBanks may accept Paycheck Protection Program (“PPP”) loans as collateral for advances made to member banks, subject to certain member-related conditions and loan-related discounts, caps and limits. Release. Supervisory Letter.