Securitization of income-property mortgages declined by 7.9 percent during the second quarter of 2013, with the biggest drop coming in non-agency commercial MBS issuance, according to a new market analysis by Inside MBS & ABS. A total of $43.92 billion of commercial mortgage securities were issued during the second quarter, which still ranked as the second strongest quarter since the third quarter of 2007. For the first six months of 2013, total commercial mortgage securitization was up 78.5 percent from the same period, and the market appears likely to set another post-crash record by the time the year is over. The non-agency CMBS market has seen...[Includes one data chart]

Bank of New York Mellon has come under scrutiny for its actions in the proposed $8.5 billion settlement involving Bank of America and investors in 530 non-agency MBS issued by Countrywide Financial. A trial to approve the settlement regarding repurchase requests started in June and is on a break until early September. While the proposed settlement involves a payout from BofA, which acquired Countrywide, the settlement is an agreement between BNYM and 22 institutional investors represented by the law firm of Gibbs & Bruns. The agreement was reached under Article 77 which allowed BofA to have the settlement apply to all investors in the Countrywide securities in question. “I can honestly say...

Despite the best efforts of supporters, including a renewed public showing of support from the White House, a new push to enhance the Home Affordable Refinance Program through legislation will go nowhere fast, say industry observers. Introduced by Sen. Jeff Merkley, D-OR, the Rebuilding Equity Act, S. 1373, would modify HARP to cover $1,000 in closing costs for underwater borrowers who choose loan terms of 20 years or less to rebuild equity in their homes. “Both [the Congressional Budget Office] and Fannie Mae have estimated that this bill would have no net cost, because it would reduce the severity of financial loss when defaults do occur,” said Merkley. The bill would require...

Mary Jo White, chair of the Securities and Exchange Commission, stressed this week that the regulator plans to increase its enforcement activity, including more emphasis on trials. However, she said the SEC needs more appropriations from Congress to accomplish its goals. “We can’t judge at this point how many additional trials we’re going to have, but we already don’t have enough,” White said at a hearing this week by the Senate Committee on Banking, Housing, and Urban Affairs. President Obama’s proposed...

After the dust-up in the capital markets from the last meeting of the Federal Reserve’s Open Market Committee over when the central bank will begin to “taper” its huge asset purchase program, this week’s meeting of the FOMC provided no new clues about the timing of the Fed’s exit strategy. “To support a stronger economic recovery and to help ensure that inflation, over time, is at the rate most consistent with its dual mandate, the committee decided to continue purchasing additional agency MBS at a pace of $40 billion per month and longer-term Treasury securities at a pace of $45 billion per month,” the FOMC said, reiterating previous announcements. Also, the FOMC is...[Includes one data chart]

The wrath of Wall Street has descended upon Richmond, CA, after the city council adopted a plan using eminent domain to seize underwater mortgages, as a last resort, and resell them to beleaguered homeowners at a lower price. The American Securitization Forum, the Securities Industry and Financial Markets Association and the Association of Mortgage Investors condemned Richmond’s decision to implement an April 2 agreement with Mortgage Resolution Partners (MRP) to use eminent domain to address the city’s severe foreclosure problem. The city became the first municipality in the country to adopt such an approach, though not the first to consider the idea. Richmond, like many California cities and municipalities, was hit...

A federal district court in New York last week ruled that a landmark discrimination lawsuit, the first to connect racial discrimination to the securitization of mortgage-backed securities, can move forward against Morgan Stanley. A July 25 ruling by the U.S. District Court for the Southern District of New York in Adkins v. Morgan Stanley denied in part the investment bank’s motion to dismiss the case, which alleges violations of the Fair Housing Act and the Equal Credit Opportunity Act. The putative class-action suit was filed...

Once upon a time, in the third quarter of 2005, Countrywide Financial became the first company to amass a mortgage servicing portfolio of over $1 trillion. Just three years later, the company would be consumed by a hungry giant, Bank of America, which in the process became the first – and only – $2 trillion mortgage servicer. During the second quarter of 2013, BofA gave up its chair in the $1 trillion servicing club, reporting a 16.7 percent drop in its portfolio that left the company with “just” $988.6 billion in servicing. Since peaking at an industry record of $2.160 trillion at the end of 2009, BofA has managed to shrink its portfolio by a whopping 54.2 percent. The bank shed...[Includes one data chart]

The Special Inspector General for the Troubled Asset Relief Program is pressing the Treasury Department to focus on servicer actions as part of efforts to reduce re-default rates in the Home Affordable Modification Program. The Treasury has pushed back against the suggestions, stating that it is “always looking to improve the program.” In a report published last week, the SIGTARP said HAMP mods have re-defaulted at an “alarming” rate. As of the end of April, the re-default rate on HAMP mods completed in 2009 was 46 percent and the re-default rate for HAMP mods completed in 2010 was 38 percent. “While HAMP has helped...

Policymakers should replace Fannie Mae and Freddie Mac with mandatory mortgage insurance and a catastrophic guaranty from the federal government, according to a new paper from Promontory Financial Group, a consulting firm. The paper was prepared at the request of Genworth Financial and Promontory said the mortgage insurance firm didn’t influence the recommendations. Under Promontory’s proposal to reform the government-sponsored enterprises, private entities would both issue and guarantee their own mortgage-backed securities, private MI would be required on a loan-level basis for mortgages securitized in the new system, and a government agency would provide a back-up guaranty on the MBS payable only upon default by the MBS issuer. “Our proposal is...