A ruling last week regarding the purchase of $440,000 of non-agency MBS in late 2007 and mid 2008 appears to have significantly expanded liability for non-agency MBS issuers. The ruling expands liability beyond trusts specifically purchased by investors to potentially all trusts in an issuer’s shelf with mortgages originated by the same lenders. The decision by the U.S. Court of Appeals for the Second Circuit on NECA-IBEW Health & Welfare Fund v. Goldman Sachs overturned a 2010 ruling by the district court which had dismissed the case. “The Second Circuit’s decision in this case not only represents...

In a reversal apparently targeted at reducing criticism of its plan, Mortgage Resolution Partners late last week announced that it would include delinquent mortgages in its eminent domain scheme. The firm also strongly defended its proposal in a comment letter sent to the Federal Housing Finance Agency. “After discussions with local governments across the country, MRP will expand the services it provides to cover all loans [in non-agency MBS], not just those that are current,” said Graham Williams, CEO of MRP. “This will enable local governments to acquire and resolve the greatest number of loans, helping the greatest number of homeowners.” The expansion was announced the same day comments were due...

As unpalatable as it may sound to MBS investors, a hedge fund executive said it’s well past time for the mortgage industry to cut its losses by forgiving principal and re-underwriting troubled mortgages to more traditional criteria in order to revitalize the sector and the broader economy. Michael Corasaniti, chief executive officer of Tourmalet Advisors, a hedge fund in New York City, told attendees at the American Mortgage Conference sponsored by the North Carolina Bankers Association this week that old-fashioned manual underwriting is the way out. “Early in my career, I was...

A trio of industry trade groups is asking a federal appeals court to uphold a nearly century-old law that grants federal-court jurisdiction to civil lawsuits against any U.S. corporation in which claims arise from international banking or banking transactions in a U.S. territory. Last week, the Securities Industry and Financial Markets Association, New York Bankers Association and California Bankers Association filed an amicus brief with the U.S. Second Circuit Court of Appeals on behalf of Bank of America in its MBS lawsuit with American International Group. AIG filed...

Redwood Trust is set to issue its fourth non-agency jumbo mortgage-backed security of the year, according to presale reports released this week. The $313.22 million non-agency jumbo MBS includes only slight changes to improve on securities previously issued by the real estate investment trust. Sequoia Mortgage Trust 2012-4 is set to receive triple-A ratings from Fitch Ratings, Kroll Bond Rating Agency and Moody’s Investors Service, with 7.30 percent credit enhancement on the highest-rated ... [Includes one data chart]

The eminent domain proposal from Mortgage Resolution Partners will either painlessly help thousands of non-agency borrowers or severely harm the non-agency market, according to industry participants. The newly expanded plan could even hinder efforts to revive the non-agency market going forward, according to MRP’s opponents. “Eminent domain is an important method for mitigating losses to investors,” Graham Williams, CEO of MRP, said in a comment letter last week to the Federal Housing Finance Agency ...

Lender-related underwriting and disclosure issues have prompted a significant increase in liability for non-agency mortgage-backed security issuers, based on a court ruling last week. The U.S. Court of Appeals for the Second Circuit found that liability extends beyond trusts specifically purchased by investors to potentially all trusts in an issuer’s shelf with mortgages originated by the same lenders. “Investors may now seek to intervene to broaden classes in MBS class actions that don’t explicitly ...

Two Harbors Investment Corp. announced this week that it plans to contribute the real estate owned properties it started acquiring this year to a new affiliated company, Silver Bay Realty Trust. The new company is seeking up to $287.5 million from an initial public offering announced this week and plans to operate as a real estate investment trust. The move from Two Harbors, also a REIT, is somewhat abrupt as the company only started acquiring REO properties to offer for rent in the first quarter of 2012 ...

Performance of jumbo mortgages originated before 2005 is declining, bucking a trend among non-agency mortgages, according to Fitch Ratings. Most of the remaining pre-2005 jumbo borrowers have been unable to refinance. “Many high-quality mortgage borrowers are refinancing to take advantage of record-low interest rates, leaving the remaining mortgage pools increasingly concentrated with borrowers unable to refinance,” said Grant Bailey, a managing director at Fitch. More than 93.0 percent of the roughly ...

SunTrust Banks, Inc. is planning to shift $3 billion of loans, including an undetermined number of delinquent Ginnie Mae loans and other nonperforming loans, to its held-for-sale portfolio and record a $375 million provision for mortgage repurchases in the third quarter of 2012. The moves are expected to strengthen SunTrust’s mortgage portfolio and put the company in a better position by improving its risk profile and balance sheet and stabilizing its capital ratios. The $3 billion transfer of loans to the held-for-sale (HFS) category will include ... (1 chart)