JPMorgan Chase announced two separate settlements recently totaling $17.5 billion regarding non-agency mortgage-backed securities issued before the financial crisis. A $13.0 billion settlement was reached with federal and state entities, while a tentative $4.5 billion settlement was reached with non-agency MBS investors. The Department of Justice said the $13.0 billion settlement involving the Residential MBS Working Group established by President Obama was the largest settlement with a single entity ...

Non-agency lenders that plan to originate qualified mortgages suggest that one of their top concerns is meeting the debt-to-income ratio requirements. Only non-agency mortgages will have to have a back-end DTI ratio of 43 percent or below to be classified as qualified mortgages under the Consumer Financial Protection Bureau rule taking effect Jan 10. Average DTI ratios on mortgages in jumbo mortgage-backed securities are well below that limit – 34.0 percent on the latest deal from Redwood Trust ...

Due diligence can be a more significant factor in the rating of a jumbo mortgage-backed security than the representations and warranties on the deal, according to Kroll Bond Rating Agency. However, major investors in non-agency MBS have expressed concerns about due diligence on new deals along with the adequacy of disclosures. At a structured-finance investor conference hosted by KBRA this month, the rating service noted that it doesn’t adjust expected losses or credit enhancement for variations in ...

Jumbo conduits have made strong progress in controlling for risks from non-retail mortgages, according to Moody’s Investors Service. The rating services tend to view retail originations as the safest channel due to lower risk of fraud. While loans from brokers have traditionally performed worse than loans from other channels, jumbo conduits have implemented a number of measures to reduce fraud risk. “New Penn Financial, for example, contacts borrowers directly with well-scripted calls designed to ...

The five-year transition toward a non-agency market contemplated in government-sponsored enterprise reform legislation in the Senate is far from guaranteed, according to industry participants. A number of questions have been raised about the timing and the ability of private players to replace the GSEs. “The idea that ‘if you build it, they will come,’ may work in the movies, but you are playing with the nation’s housing-finance system,” James Millstein, chairman and CEO of Millstein & Co., an advisory group ...

The Consumer Financial Protection Bureau released a final rule last week regarding long-running efforts to integrate mortgage-disclosure documents. The new “Know Before You Owe” forms will be required beginning Aug. 1, 2015. Lenders will be required to give potential borrowers a loan-estimate form within three business days after receiving a complete loan application. The form replaces the early Truth in Lending Act statement and the Good Faith Estimate required by the ... [Includes three briefs]

Fannie Mae and Freddie Mac are designing a securitization framework that will work for today’s fully-guaranteed residential MBS as well as securities with a partial government guaranty or none at all, according to an update released this week by the Federal Housing Finance Agency. Among the initiatives set for the government-sponsored enterprises by the FHFA is the development of a contractual and disclosure framework (CDF) designed to give MBS investors more clarity and confidence about what they’re buying. Along with the common securitization platform, the CDF project is a major component of the MBS architecture of the future that the GSEs are building. A lot of the CDF work involves...

The fallout from last week’s trigger of the “nuclear option” by Senate Democrats, which is expected to lead to the confirmation of President Obama’s choice to be the new director of the Federal Housing Finance Agency, has analysts worried about the possibility of expanded Home Affordable Refinance Program eligibility. The Senate voted to confirm most executive and judicial nominees by a simple majority vote, and it dramatically improves the prospects of Rep. Mel Watt, D-NC, to replace FHFA Acting Director Edward DeMarco. A career civil servant who has been the chief regulator of the government-sponsored enterprises for the past four years, DeMarco has resisted proposals to expand HARP and broaden the GSE loan-modification options to include principal write-downs. Expanding HARP has been...[Includes one data chart]

Mortgages originated by brokers and correspondents, once a concern for MBS investors, have actually performed better in recent years than retail-originated loans, according to Moody’s Investors Service. The rating service said risks from third-party originations will remain low if lenders continue to put an emphasis on retail-originated mortgages. Default rates on securitized mortgages have decreased significantly in recent years regardless of origination channel. However, Moody’s noted that beginning in 2010, production from third-party originators started performing better than retail mortgages. From 2003 through 2009, third-party originations defaulted...

Although the Federal Housing Finance Agency has said it wants more “parity” in the MBS guaranty fees paid by large and small lenders, observers say the playing field remains uneven. One trade group official, who spoke on the condition his name not be used, said as far as he can see there are still “meaningful differences” in what smaller lenders pay in g-fees compared to their larger competitors. He added...