The paint is still wet on the expanded Home Affordable Refinance Program, but the Obama administration says it is firmly behind efforts by Senate Democrats to expand the program for underwater Fannie Mae and Freddie Mac borrowers even further. Sens. Robert Menendez, D-NJ, and Barbara Boxer, D-CA, are preparing to file legislation that would force Fannie Mae and Freddie Mac to waive representations and warranties on new HARP loans regardless of whether the refinance lender serviced the previous mortgage. The forthcoming Responsible Homeowner Refinance Act of 2012 would also prohibit the government...

The massive legal action initiated by the Federal Housing Finance Agency last summer against many of the nation’s biggest lenders has survived its first legal challenge relatively unscathed following a federal judge’s rejection of the defendant’s motion to dismiss. Judge Denise Cote of the U.S. District Court for the Southern District of New York last week denied UBS Americas’ motion to dismiss on statute of limitations grounds. The ruling permits the FHFA to proceed full steam ahead with its claim that UBS violated federal securities laws by misleading Fannie Mae and Freddie Mac into purchasing $6.4...

Part of the cost to issue non-agency MBS under the new rules of the road is a stronger commitment to due diligence reviews of the collateral backing the transaction, and experts note that the process is more complex than just hiring one of the handful of companies that provide these services. “There are three basic constituencies you need to satisfy during third-party reviews,” said Eric Kaplan, managing director of mortgage finance at Shellpoint Partners during a session at the Mortgage Bankers Association National Secondary Market Conference. “There’s the law, the ratings agencies and investors...

Redwood Trust saw steady progress in growing its residential mortgage business in the first quarter of 2012, which was highlighted by two securitizations totaling $745.0 million, according to the company’s recent filing with the Securities and Exchange Commission. The Mill Valley, CA-based real estate investment trust reported first quarter income of $30 million, compared to a loss of $3 million in the previous quarter and $18 million in profits a year ago. The increase resulted from a combination of Redwood’s new mortgage banking activities that include gains from the $416 million jumbo MBS...

Fannie Mae and Freddie Mac reported robust activity in their expanded refinance programs for underwater borrowers, while Ginnie Mae is looking at new procedures to identify the potential new issuers that are most likely to become strong participants in its program. Freddie officials are very focused on the expanded Home Affordable Refinance Program, said Paul Mullings, senior VP for single-family sourcing at the government-sponsored enterprise. He told attendees at the Mortgage Bankers Association National Secondary Market Conference in New York this week that HARP now accounts for 26 percent of the refi loan...

The Mortgage Bankers Association is pushing a proposal to change the remittance schedule on Freddie Mac participation certificates and make them fully fungible with Fannie Mae pass-through MBS for good delivery under to-be-announced guidelines. The proposal would address the historical discount to Fannie MBS at which Freddie securities trade, said MBA President Dave Stevens during the group’s National Secondary Market Conference in New York this week. Freddie PCs typically trade 1 or 1.5 points behind Fannie MBS, a difference that Freddie Mac – and ultimately U.S. taxpayers, now that the government-sponsored...

Bank of America’s pending $8.5 billion settlement with non-agency MBS investors appeared to gather some momentum last week following a BofA-favorable ruling by a New York state court. New York State Supreme Court Justice Barbara Kapnick ruled the case will move forward under Article 77 rather than a broader plenary action sought by investors opposed to the amount of the settlement. The proposed settlement reached last June with 22 institutional investors would resolve BofA’s liability related to non-agency MBS issued by Countrywide. Supporters of the settlement, including the trustee, Bank of New York Mellon...

Fitch Ratings has combined its criteria for rating residential mortgage originators and third-party due diligence involved in non-agency MBS issuance. The company said the move does not involve any material changes to its rating methodology. All originators contributing loans to non-agency MBS rated by Fitch are subject to periodic reviews by the rating service that can lead to adjustments in loss estimates for the deals or even cause the company not to rate a transaction at all. The rating service will look at the performance history of the loan originator, including repurchase requests...

Western Asset Management, a real estate investment trust, has announced a $160 million initial public offering to finance purchases of agency MBS. The Pasadena, CA-based company, a fixed-income subsidiary of Legg Mason, plans to raise cash by offering 8.0 million shares to investors at a price of $20. It also plans to offer 2.2 million units, consisting of a share and a warrant to half a share, and 46,043 shares in concurrent private placements. According to Renaissance Capital, the REIT will command a market value of $207 million after the offering. JPMorgan Chase, Deutsche Bank...

Participants in the startup of the new central counterparty for agency MBS trades realized a sharp reduction in costs and operational risks, according to the CCP’s sponsor, the Depository Trust & Clearing Corp. The first settlement cycle run through the CCP resulted in a 70 percent reduction in the volume of pools and payments needed to settle all the trades, said the DTCC. The central counterparty began operation on April 2. In the first trade cycle, the CCP was able to reduce some 43,000 pool allocations to fewer than 13,000 through netting, the sponsor reported. As the month went along and...