The Securities and Exchange Commission this week approved a proposed conflict-of-interest rule that attempts to walk a tightrope between preventing abusive securitization practices and not interfering with legitimate competitive activity in the market. The agency got a lot of feedback on how to implement the Dodd-Frank Act conflict-of-interest provisions, including from the chief sponsors of the provisions in Congress. Senate Democrats Jeffrey Merkley (OR) and Carl Levin (MI) were largely inspired by dealings in which Goldman Sachs allegedly allowed a hedge fund to choose assets for a collateralized debt obligation and then...

Recent proposals by the Securities and Exchange Commission could eliminate or impose more regulatory burden on mortgage real estate investment trusts and complicate securitizations, experts warned. The SEC earlier this month launched a preliminary effort to reconsider the exemption that REITs currently have from the Investment Company Act. Although the agency did not propose any specific changes, the REIT industry and its supporters see the initiative as a potential game-changer for how they do business. The SEC concept release, at first blush, appears to “signal impending regulatory burdens for mortgage REITs and to...

Now may be a good time for ABS investors to broaden their horizons and look into exotic asset classes, such as solar panel financing. “Over the past few decades, most of the sheer volume of securitizations has come from the cash flows of consumer asset receivables, such as mortgages, credit cards and auto loans,” said Chris DiAngelo, a partner with Katten Muchin Rosenman LLP in New York City, who moderated an industry discussion on nontraditional securitizations sponsored by the American Securitization Forum this week. “Although the auto market has returned to relatively normal issuance volumes, mortgage and...

The supply of MBS in the market edged slightly higher in the second quarter of 2011, appearing to stem a nearly two-year decline in the market, according to a new Inside MBS & ABS analysis. A total of $6.58 trillion of MBS were outstanding at the end of June, up 0.3 percent from the first quarter. The MBS market was still down 1.7 percent from a year ago. All of the growth came from Ginnie Mae and Fannie Mae. The supply of Ginnie single-family MBS rose 4.0 percent in the first quarter, hitting a record $1.12 trillion and extending a vigorous growth trend since the housing market began to unravel in 2007. Ginnie MBS accounted for...(Includes one data chart)

Although the outlines of an expanded Home Affordable Refinance Program are far from clear, MBS analysts say the most likely changes designed to help more borrowers take advantage of record low mortgage rates will not have a disastrous impact on the MBS market. Observers note that there are two ways to expand the potential HARP population: remove the existing chronological restriction (loans made prior to June 2009) or lift the current loan-to-value restriction of 125 percent. The chronological restriction is relevant because a lot of borrowers who have used HARP already could benefit from refinancing again because...

Redwood Trust is set to issue a non-agency mortgage-backed security backed by $375.2 million in jumbo mortgages, marking the issuer’s – and the mortgage market’s – second new jumbo deal this year. Fitch Ratings is giving a AAA rating based on its new tougher standards, though it remains unclear whether another service will rate the transaction. A presale report issued last week by Fitch noted the strong characteristics of Redwood’s Sequoia Mortgage Trust 2011-2. ...

“Unwarranted and false public allegations” have prompted Michael Perry, the former chairman and CEO of IndyMac, to mount a defense via a new website. His “Not Too Big to Fail” site offers “the facts about Mike Perry and IndyMac.” On the site, Perry takes aim at lawsuits against him by the Securities and Exchange Commission and Federal Deposit Insurance Corp. as well as private litigation and audits by the Office of the Inspector General of the Department of Treasury. ...

Granting the chief financial officer additional oversight authority as proposed by House Republicans would be excessive for a relatively small agency such as Ginnie Mae, the agency’s president told lawmakers. Testifying during a recent House subcommittee hearing on legislative proposals on FHA and Ginnie Mae reform, Ginnie Mae President Ted Tozer said that while he understands the committee’s concerns about the agency’s financial condition, he believes the provision is not necessary. Among other things, the proposal would give Ginnie Mae’s CFO a greater hand in overseeing operations to ensure that the agency is not...

Ginnie Mae has named PricewaterhouseCoopers as “Securitized Transaction Financial Advisor” for all multiclass securities transactions. Participants will be working with their new multiclass securitization advisor starting in October. All multiclass transaction documents must be emailed to GinnieMaeREMIC@us.pwc.com. The primary transaction contacts are Jim Campbell, Deal Management Team Lead (NY), at James.Campbell@us.pwc.com, (646) 471-6059, and Amanda Liu, Deal Management Team Lead (DC), at Amanda.Liu@us.pwc.com, (202) 414-1392...

Expect a gradual but deliberate increase in Fannie Mae and Freddie Mac guarantee fees to a level that more closely reflects what a private market would charge, the head of the Federal Housing Finance Agency announced this week. In a speech at the American Mortgage Conference in Raleigh, NC, FHFA Acting Director Edward DeMarco said that since Fannie and Freddie were placed into government conservatorship three years ago this month, the two government-sponsored enterprises have steadily increased g-fees and lessened the degree of cross subsidization in credit pricing. Yet, DeMarco noted, the GSEs’ current pricing for credit guarantees “is...