A New York appellate court this week denied Credit Suisse’s motion to dismiss claims made by NY Attorney General Eric Schneiderman in relation to the creation and sale of MBS to investors. In a majority decision, the New York Supreme Court held that the AG’s claims of securities fraud and persistent fraud or illegality are not time-barred, finding that the claims under the state Martin Act and Executive Law are governed by the six-year statute of limitations rather than the three-year limitations found in Section 214(2) of the state’s Civil Practice Law and Rules (CPLR). As of March 21, 2012, the parties entered...

Social Finance, a nonbank that started offering mortgages in 2014, is preparing to issue a $168.79 million jumbo mortgage-backed security, according to presale reports. It will be the first jumbo MBS from SoFi, which originated all of the mortgages backing the deal. While SoFi started operations in 2011 as a peer-to-peer or marketplace lender, Fitch Ratings noted that its funding strategy has evolved to more traditional sources, such as banks and other large financial institutions ...

A new nonprime MBS from an affiliate of Lone Star Funds has two significant distinctions: it’s the first post-crisis nonprime MBS backed by new originations to receive a AAA rating and it’s the largest post-crisis nonprime MBS backed by new originations. COLT 2016-3 Mortgage Loan Trust received AAA ratings from DBRS and Fitch Ratings. “Over the past year, Fitch has become more comfortable with the operational risk of the issuer through extensive due diligence results, multiple ...

The Structured Finance Industry Group released the fifth edition of its RMBS 3.0 green papers last week, featuring a draft deal-agent agreement and proposed bondholder-communication protocols. The green paper effort to revive the non-agency mortgage-backed securities market started in 2013 and now totals 400 pages. “That’s a lot of work for an industry that apparently doesn’t exist,” Richard Johns, SFIG’s executive director, said last week at the trade group’s annual ...

Proposals aimed at reviving the issuance of non-agency mortgage-backed securities have done little thus far to get volumes anywhere near the levels seen before the financial crisis. Industry participants suggest that there are a number of factors beyond proposed standards from trade groups that are limiting issuance. The American Securitization Forum started its effort to revive the non-agency mortgage-backed security market in 2009. The first post-crisis jumbo MBS backed by newly originated ...

Originations of adjustable-rate mortgages increased by 9.4 percent in the third quarter of 2016, according to a new ranking and analysis by Inside Nonconforming Markets. With an increase to interest rates on mortgages seen this quarter and even higher rates expected, ARMs appear likely to gain market share. An estimated $58.0 billion in ARMs were originated in the third quarter, accounting for 9.9 percent of first-lien originations, according to Inside Mortgage Finance ... [Includes one data chart]

Lenders originating interest-only mortgages showed divergent trends in the third quarter, with some posting significant declines on a quarterly basis while others continued to increase production. A group of 12 lenders tracked by Inside Nonconforming Markets originated a total of $9.64 billion in IOs during the third quarter, down 23.7 percent from the previous quarter. The decline was driven by PHH Mortgage, whose IO originations through three quarters this year ... [Includes one data chart]

Mortgage brokers played a somewhat diminished role in jumbo mortgage originations during the third quarter, according to an exclusive Inside Nonconforming Markets analysis and jumbo lender profile. Survey data from Inside Mortgage Finance show that brokers were responsible for just 3.9 percent of jumbo originations in the third quarter, down from 4.5 percent in the previous period. The retail (79.8 percent) and correspondent (16.3 percent) shares were ... [Includes one data chart]

Royce Goldman, a marketing lead generator, noted that as interest rates rise, the firm can help connect lenders that originate non-qualified mortgages with borrowers. “As private capital and securitization continue to expand under a more favorable regulatory climate, we will continue to see liquidity expansion but it will require a data driven approach to sourcing the client profile this investor community will lend to,” said John Royce, CEO of Royce Goldman.

The government-backed lending market is heading into a year of uncertainty, not knowing whether things will get better or worse under a Trump administration, according to stakeholders. The recent increase in the loan limits for FHA and VA mortgages is expected to have marginal to moderate results for originations, given the tight housing market and rising interest rates, stakeholders noted. Some lenders predict that the benefits of the loan limit increases for FHA and VA will be incremental, particularly in high-cost markets where it is difficult for borrowers to obtain Fannie Mae and Freddie Mac loans. Overall, the Mortgage Bankers Association forecasts a decline in total mortgage originations in 2017, driven by a sharp drop in refinances. However, Michael Fratantoni, MBA senior vice president and chief economist, is predicting 10 percent growth in purchase volume next year, the ...