Last week, the 2nd Circuit Court of Appeals ruled that Judge Jed Rakoff of the District Court for the Southern District of New York erred when he blocked the $285 million agreement the Securities and Exchange Commission and Citigroup struck to settle a dispute over MBS that later turned toxic when the market tanked. Market observers think it likely means the settlement is back on track, and a good sign for the market, “with sanity and certainty prevailing,” as one put it. In U.S. Securities & Exchange Commission v. Citigroup Global Markets Inc., the district court this past November refused to approve a...

The Treasury Department this week finished winding down its holdings of Fannie Mae and Freddie Mac MBS, claiming a positive return of $25 billion for the U.S. taxpayers from a market stabilization initiative launched in the teeth of the 2008 financial market meltdown. Treasury’s holdings of MBS issued by the two government-sponsored enterprises peaked at $197.6 billion in December 2009. “These MBS purchases helped preserve access to mortgage credit during a period of unprecedented market stress,” the agency said. The Federal Reserve agency MBS investment program was far bigger, peaking at $1.12...

Ginnie Mae will question certain mortgage-backed securities issuers about reporting inconsistencies in pool data submissions over the last couple of months and try to resolve those issues to avoid delay in MBS pool processing. In an audio conference with issuers last week, Ginnie Mae officials said agency staff discovered the flawed data submissions while poring over several months’ worth of pool data submitted by issuers. While most of the information fell within theVargas said the discrepancies were attributed to a small group of issuers, who will be contacted soon to work on corrections before Ginnie Mae puts stronger edits up front. She said the agency wants to ...

The Securities and Exchange Commission this week filed a lawsuit against three former executives of Thornburg Mortgage regarding disclosure and accounting issues in early 2008. The former executives of the now bankrupt jumbo lender denied the charges and vowed to prevail in court. “Thornburg’s executives schemed to drop a disingenuous annual report into the public realm at the most opportune moment possible while knowing it was merely the calm before the next storm,” said Donald Hoerl, director of the SEC’s Denver regional office. Larry Goldstone and Clay Simmons, the former CEO and chief financial officer of Thornburg, respectively, countered that ...

Nationstar Mortgage announced last week that it plans to acquire the $63.0 billion mortgage portfolio and certain other assets from Aurora Bank, a subsidiary of Lehman Brothers. The acquisition includes co-investment by a real estate investment trust affiliated with the owner of Nationstar and continues Nationstar’s rapid nonprime servicing growth. The high-touch servicer said it expects the long-pending sale by the bankrupt Lehman to close during the second quarter of 2012. A number of other servicers had expressed interest in bidding on the Aurora portfolio, including Ocwen Financial ...

Beginning June 1, the non-agency portion of the Home Affordable Modification Program will include a “Tier 2” with expanded eligibility requirements and adjusted incentives. The Treasury Department released the details last week, officially making changes first announced in January. The changes to HAMP include eligibility for certain rental properties, less stringent debt-to-income ratio requirements, a loosening of the short sale and deed-in-lieu of foreclosure requirements and an extension of all HAMP programs through the end of 2013. HAMP was initially scheduled to expire at the end of this year ...

The documents governing a proposed $25.0 billion settlement involving five major banks include greater incentives for principal reduction loan modifications on portfolio loans rather than loans in non-agency mortgage-backed securities. However, non-agency MBS investors remain concerned that they could take losses due to the settlement. The consent judgments against Ally Financial, Bank of America, Citigroup, JPMorgan Chase and Wells Fargo were filed in federal court this week, a month after the settlement was announced by 49 state attorneys general and the federal government ...

The volume of residential MBS in the market fell again in the fourth quarter of 2011, sustaining a nearly constant decline that’s been underway since the midway point in 2009. A total of $6.437 trillion single-family MBS were outstanding as of the end of last year, down 1.7 percent from the third quarter. The last time there was growth in the supply of MBS was in the second quarter of last year. The major factor is the ongoing decline in the supply of home mortgages, which fell 0.5 percent in the fourth quarter and 2.2 percent over the full year in 2011. Mortgage collateral has... (Includes one data chart)

The Depository Trust & Clearing Corp. announced this week that its Fixed Income Clearing Corp. subsidiary will begin functioning as a new central counterparty, or CCP, designed to reduce risk and costs in the $100-trillion-a-year market for U.S. MBS, starting in April, following the Securities and Exchange Commission’s approval of the proposal. Company officials say the CCP will guarantee settlement of all matched MBS trades, which industry representatives see as a crucial step for the securities industry where the settlement of an MBS trade often does not take place until months after the trade itself was made...

The non-agency MBS market showed some spark as always-performing loans continued to improve in February and more nonperforming loans moved to the re-performing bucket, according to Amherst Securities Group’s latest analysis of the mortgage market. In its February report, Amherst said first-time defaults from the always-performing bucket dropped to 0.75 percent during the month from 0.82 percent in January. In dollar terms, new defaults constituted $4.0 billion, down from $4.4 billion the previous month, the firm reported. On a year-over-year basis, always-performing loans were down to $525.6 billion from...