The Office of the Comptroller of the Currency has finalized a rule replacing certain credit rating references with alternative standards of credit worthiness to help banks determine whether a security is “investment grade.” Published in the June 13 Federal Register, the final rule is identical to the rule proposed by the OCC in November 2011 to implement directives in the Dodd-Frank Act to prevent over-reliance on credit ratings. Congress partly blamed inflated credit ratings for the financial crisis when triple A-rated mortgage securities lost their value as interest rates rose and home values...

Current and potential defendants in residential MBS litigation should expect more lawsuits stemming from the mortgage market collapse, particularly by or on behalf of state actors, but entities named in those suits are not without legal countermeasures, according to legal experts. During a webinar sponsored this week by the State Attorneys General Enforcement Network, attorneys Jason Halper and Martin Seidel of the law firm of Cadwalader, Wickersham & Taft predicted that the mortgage industry is only about halfway through the onslaught of MBS litigation to be brought by aggrieved investors. “I think this...

The pending issuance by Redwood Trust of a $293.59 million jumbo non-agency mortgage-backed security appears to have been adjusted to address concerns about previous issuance by the real estate investment trust. The deal is set to receive AAA ratings from three rating services, more lenders contributed to the deal, and the concentration of loans in San Francisco was reduced. “The borrowers in this pool have high FICO scores, significant liquid cash reserves and equity in their properties, which are ...

Capital rules proposed by federal regulators last week for banks could have a significant impact on originations and holdings of non-agency mortgages and mortgage-backed securities. The changes are part of Basel III reforms. Non-bank special servicers have already started to increase their portfolios due to sales by banks getting a head start on complying with Basel III rules. Industry analysts warn that originations of “non-vanilla” mortgages will also be curtailed. “Following the qualified mortgage rules and ...

Redwood Trust and the main lenders it sources mortgages from largely rank above average, according to new assessments by Moody’s Investors Service. Moody’s ranked Redwood Residential Acquisition Corp. above average as a jumbo aggregator based on the performance of Redwood’s collateral, lending practices, and operational stability. “In our view, Redwood has a stable, credit-savvy team with a sound lending philosophy that has successfully managed its way through the financial crisis,” the rating service said. Moody’s also ...

The field of firms looking to place ratings on non-agency mortgage-backed securities got a little more crowded last week. Morningstar Credit Ratings released its non-agency MBS rating guidelines with criteria similar to the five firms that have placed ratings on non-agency securities in recent years. Morningstar said it will provide “timely, unbiased and transparent” ratings on both new-issue and seasoned non-agency MBS. Securities will have to be able to withstand a “catastrophic event” to receive ...

Mortgage industry participants are concerned about plans by the Federal Housing Finance Agency to expand the non-agency market via a contraction of Fannie Mae and Freddie Mac. The comments were submitted to the FHFA last week in response to the FHFA’s proposed strategic plan for fiscal years 2013 to 2017. “To attract private capital to the mortgage market and reduce [government-sponsored enterprise] risk exposure, FHFA will direct the [GSEs] to price guarantee fees to levels that align pricing with ...

Attorneys representing non-agency mortgage-backed security issuers suggest fighting repurchase-request lawsuits to narrow the claims and eventually settling such lawsuits. Jason Halper and Martin Seidel, partners at the law firm of Cadwalader, Wickersham & Taft, said reducing the claims can help lead to a better settlement for issuers. “You can very often narrow the case substantially,” Seidel suggested this week during a presentation by the State Attorneys General Enforcement Network. Among other issues ...

With an increasing amount of PennyMac Mortgage Investment Trust’s revenue coming from correspondent originations, some have questioned how much longer the company will remain a real estate investment trust for tax purposes. Officials at the company said the REIT status remains beneficial, though they are considering other options. REITs must distribute at least 90 percent of their taxable income to their shareholders each year and generally are not subject to federal or state income taxes. REITs also face limitations ...

A new secondary market policy announced by Wells Fargo last week is sending ripples across the industry and could potentially cause the FHA Streamline Refinance program to falter in the coming weeks. Major FHA lenders have quietly adopted similar policies as FHA refinance volume, fueled by increased streamline refi business, more than doubled over the week. Wells Fargo raised eyebrows by announcing it will do FHA streamline refis only on loans in its own servicing portfolio and will not accept streamline refis from third-party originators. The top FHA producer in the first quarter of 2012 said focusing on ...