Springleaf Financial Services is ramping up to issue its third non-agency MBS this year, a nearly $900 million transaction backed primarily by vintage performing subprime loans. Springleaf Mortgage Loan Trust 2012-3 features a hefty 47.75 percent credit enhancement supporting its one AAA-rated tranche, according to a presale report from Standard & Poor’s. “Total credit enhancement comprises subordination, an interest shortfall reserve fund, excess interest, and overcollateralization,” noted the report. S&P said...

Supporters of a controversial plan to use eminent domain to seize underwater mortgages from non-agency MBS pools, write down their balances, refinance them into the FHA program and repackage them for sale to other investors are facing fresh challenges. In California, where the eminent domain plan was first introduced, the Joint Powers Authority formed by the County of San Bernardino and two of its cities, Ontario and Fontana, announced that its next meeting, which was scheduled for Thursday, Oct. 25, 2012, had been cancelled. The only business before the JPA is...

The continued use of certain features of shifting-interest structures in MBS will keep risk of loss high for senior bond holders and even erode senior credit enhancement, although senior bonds in relatively new shifting-interest deals appear better protected from late-stage defaults, according to an analysis by Moody’s Investors Service. Moody’s said senior bonds in shifting-interest transactions it rated since 2010 have better armor against defaults in the late stages of the loan because they all have a hard credit enhancement floor. In a shifting-interest structure, the securitization sponsor may cover...

Regulatory uncertainty continues to frustrate mortgage bankers who can see the outlines of major pending changes in consumer protection, securitization rules and capital requirements that remain largely enshrouded in bureaucratic fog. “We have these new concepts, qualified mortgages and qualified residential mortgages, but we don’t know what their exact definitions are,” said Michael Heid, president of Wells Fargo Home Mortgage, during a panel session at this week’s annual convention of the Mortgage Bankers Association in Chicago. “We are in a gray state; the concepts are there, but the rules aren’t. At the same time we’re having to clean up issues from the past.” Debra Still, president and CEO of Pulte Mortgage, said...

Fannie Mae, Freddie Mac and Ginnie Mae officials pledged to continue efforts to build a better secondary market system while coping with the business challenges of dealing with an increasingly diverse universe of lenders delivering loans directly to the agencies. “Fannie Mae is a different company today,” said Timothy Mayopoulos, president and CEO of the firm, during a panel session at this week’s annual convention of the Mortgage Bankers Association. He said 80 percent of the government-sponsored enterprise’s upper management has been promoted to their roles or hired since the GSE went into conservatorship four years ago. Half of the company’s 7,000 employees have been hired since then. “The people of Fannie Mae today are...

It increasingly appears that the Consumer Financial Protection Bureau will come out with a qualified mortgage/ability-to-repay rule that will include a legal “safe harbor” for most mortgages – and a “rebuttable presumption” for the rest. Industry attorneys, lobbyists and consumer advocates indicate the CFPB is leaning towards granting a safe harbor for what will be defined as “prime” mortgages – presumably most of the loans that are backed by the federal government. “What we’re hearing is there could be...

The Mortgage Insurance Companies of America urged U.S. banking regulators not to exclude private mortgage insurance as they consider the proposed Basel III risk-based capital framework for the nation’s banks. Commenting on the proposed rules this week, MICA urged regulators to acknowledge the crucial role private mortgage insurance plays in the single-family residential market and recognize it in the proposed capital rules “with a reduced capital charge.” “Exclusion of private mortgage insurance in the proposed rules is a departure from accepted banking practices and would have ‘unintended adverse consequences on housing finance and the broader U.S. economy,’” said Suzanne Hutchinson, MICA executive vice president. Under the proposed U.S. implementation of Basel III, conventional residential mortgages with loan-to-value ratios in excess of 80 percent, regardless of the presence of private mortgage insurance, could trigger...

Congress will act on a bipartisan basis after the November elections to approve legislative changes to the Home Affordable Refinance Program, a well-connected industry participant predicted, although some Republicans in Congress remain opposed to a bill crafted by Senate Democrats Robert Menendez, NJ, and Barbara Boxer, CA. Lewis Ranieri, chairman and founding partner of Ranieri Partners, said this week that he fully expects Congress to approve S. 3522, the “Responsible Homeowner Refinancing Act,” after the upcoming elections. He suggested that Republicans have been unwilling to pass the bill due to fears that approving an Obama administration proposal could hurt their re-election efforts. Ranieri made...

The Federal Housing Finance Agency’s internal watchdog said Fannie Mae and Freddie Mac could mitigate more losses if they recover mortgage deficiencies from borrowers more efficiently. An FHFA Office of Inspector General report found weaknesses in the ability of the government-sponsored enterprises to collect shortfalls from borrowers from post-foreclosure sales. In 2011, the GSEs recovered only a small fraction of the deficiencies they pursued, an estimated $4.7 million collected out of $2.1 billion pursued, the IG reported. The IG blames this on the FHFA’s lack of guidance and oversight of the GSEs’ deficiency recovery efforts. While the FHFA has an opportunity to provide...

The U.S. Attorney for the Southern District of New York opened a new battlefront in intense warfare over losses taken by investors and others in the collapse of the housing market. The government this week filed charges against Bank of America, as the party left liable for activities at Countrywide Home Loans, based on the False Claims Act, a federal law that provides for hefty treble damages and penalties. The FCA has been used in recent mortgage-related charges involving FHA loans, but the new filing attempts to expand the law to loans sold to Fannie Mae and Freddie Mac. In its filing, the government contends...