One week after UBS Americas failed in its bid to shutter a lawsuit brought by the Federal Housing Finance Agency in connection with non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac, the federal judge overseeing the case has ordered UBS to hand over internal documents to the FHFA the company argued were privileged. U.S. District Court Judge Denise Cote ruled last week that parts of memoranda from UBS’ outside counsel to the company which contained factual summaries of meetings held with third-party mortgage originators are not protected by attorney-client privilege and must be disclosed to the FHFA. “Even if it is true, as UBS argues, that the memoranda at issue were created for the ‘predominant purpose’ of rendering legal advice, that does not relieve UBS of the obligation to show that the entirety of each document is privileged,” wrote Judge Cote in her ruling.
The Federal Home Loan Bank of Cincinnati says a unit of Lehman Brothers Holdings is not entitled to a multimillion dollar payday because the FHLBank did not short change the firm when it closed out swaps and options transactions ahead of Lehman’s 2008 bankruptcy. Last week, Lehman filed a breach of contract lawsuit in Manhattan federal court connected to 87 derivative transactions or interest-rate swaps with the FHLBank that fell apart when Lehman entered bankruptcy on Sept. 15, 2008, at the height of the financial crisis.According to its lawsuit, Lehman says the Cincinnati Bank violated its agreement by paying only $13.7 million when the transactions were terminated due to the firm’s Chapter 11 filing.
Fannie Mae’s plan to unload, potentially, billions of dollars of non-performing residential loans has been delayed and may be killed, according to industry officials who’ve been tracking the project. “It’s going nowhere, but it’s not like there’s a requirement for them to say so publicly,” said one advisor who is a vendor to Fannie. The GSE, to date, has declined to discuss the issue – along with its regulator, the Federal Housing Finance Agency. Fannie has been working on an NPL sale for close to a year, and even hired an investment banker, Milestone Advisors LLC, to guide it through the auction process. Initially, it had hoped to offer a package of $250 million of delinquent home mortgages for sale to the highest bidder.
The commercial MBS market is starting to catch fire. Moreover, a new report from Fitch notes that commercial delinquencies continued to fall last year, a trend that will continue.
Moody’s Investors Service has come up with a monitoring approach to evaluating “tail risk” in non-agency MBS that pay scheduled principal and prepayments to the securities on a pro-rata basis and assessing the adequacy of the credit enhancement available to the rated securities. Tail risk is what might be described as the “end of life” risk of a disproportionately large loss (based on current balance of the pool) on the underlying pool at the end of a transaction’s term when few loans remain in the pool and credit enhancements, although high in percentage terms, may be very low in dollar terms. The proposed change in approach at Moody’s will mostly affect...
Standard & Poor’s this week deployed legal countermeasures against the federal government by asking a judge to dismiss a civil fraud lawsuit brought against the rating agency, slamming the litigation as an “overreach.” In February, the Justice Department filed a $5.0 billion lawsuit against S&P accusing it of knowingly inflating its ratings on residential MBS and collateralized debt obligations to boost its revenue and market share in the years leading up to the 2008 financial crisis. The filing in California federal court by S&P’s parent company, McGraw-Hill Co., says...
The Vertical Capital Income Fund is a publicly traded mutual fund whose stated goal is to buy whole loans from banks and nonbanks, providing an attractive yield to its investors. But will it ever get around to securitizing its holdings? For now, the answer to that question appears to be no, but it’s something the fund is looking into. “Let’s put it this way; we’ve discussed the possibility,” said Richard Mason, vice president of secondary marketing for the company. Part of Vertical’s problem is...
Securitization of income-property mortgages jumped 23.0 percent from already strong levels during the first three months of 2013, according to a new Inside MBS & ABS market analysis. A total of $47.61 billion of commercial MBS were issued during the first quarter, including a variety of non-agency deals as well as multifamily MBS issued by Fannie Mae, Freddie Mac and Ginnie Mae. That was the strongest level since structured finance markets tanked in 2008. The previous post-crash high was...[Includes one data chart]
The National Association of Insurance Commissioners recently proposed changes to modeling values of insurance company holdings of non-agency MBS and commercial MBS. The proposal could increase loss forecasts and prompt some sales of the securities, according to analysts. The NAIC proposed using the Treasury strip curve as the discount rate in determining the net-present value of expected loss for modeled securities, as opposed to using each security’s coupon rate to determine expected losses. The standard-setting group governed by state insurance regulators noted that the Treasury strip curve is a risk-free curve. “Using a consistent risk-free rate for all modeled securities in calculating the expected loss reflects...
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