Faced with a deadline it was unable to meet, the Securities and Exchange Commission this week published interpretive guidance regarding references in federal regulations to MBS ratings. The Dodd-Frank Act mandated that such references be changed by July 20, but the SEC’s guidance will keep the references intact until the agency and others can establish new standards of creditworthiness. The DFA strikes references to credit ratings from nationally recognized statistical rating organizations in federal regulations and inserts new text that provides that in order to satisfy these definitions a security must meet standards of credit-worthiness established by the SEC. The SEC said it was unable...

Moody’s Investors Service proposed a significant overhaul to ratings for non-agency MBS servicers late last week. Among other new metrics, the rating service is planning to incorporate performance data from mortgages serviced for the government-sponsored enterprises. Currently, servicers submit loan-level portfolio data to Moody’s as part of the rating service’s “servicer quality assessments.” The data would be augmented with data from securitization trusts, which is available more quickly, as well as GSE performance data “as needed.” Data from securitization trusts will receive...

California remains the top source of new single-family mortgages for Fannie and Freddie, even as Fannie remains the dominant GSE in terms of production through the first half of the year, according to an Inside The GSEs analysis. A total of $132.2 billion of home loans on Golden State properties were securitized by the two GSEs during the first six months of 2012, accounting for 22.9 percent of their total business for the half year. That was up 46.7 percent from total California production during the first six months of 2011 as the overall GSE market rose 38.8 percent from a year ago.

The Federal Housing Finance Agency may pursue its residential mortgage-backed securities legal action against affiliates of Residential Capital LLC, Ally Financial’s defunct mortgage unit, a federal judge has ruled. Last week, Judge Denise Cote of the U.S. District Court for the Southern District of New York denied ResCap’s request seeking an automatic bankruptcy stay of its numerous MBS lawsuits, including one filed by the FHFA last year. The FHFA, as GSE conservator, sued UBS Americas in July 2011 alleging that billions of dollars of MBS purchased by Fannie and Freddie were based on offering documents that contained “materially false statements and omissions.”

Narrower spreads on new investments and rising prepayments could dampen earnings in the second quarter of 2012 for most residential mortgage real estate investment conduits (REITs) that invest in mortgage-backed securities, according to a new report from Keefe, Bruyette & Woods research. During the quarter, the Fannie Mae 30-year current coupon fell nearly 50 basis points from the prior quarter as a result of a 57 bps drop in the yield on a 10-year Treasury note. Dividends, a generally good indicator of profitability, either have been flat or down modestly, the KBW report noted. On a brighter note, while the government-sponsored enterprises’ monthly data showed...

New home loan originations in the second quarter of 2012 were up 5.2 percent from the first three months of the year, according to a new Inside Mortgage Finance ranking and analysis. Production trends varied significantly among the top lenders, however, and early estimates suggest that lenders further down the food chain may be picking up market share. Wells Fargo is still effectively lapping the field with more than double the origination volume of its nearest rival, but the industry leader managed a relatively modest 0.8 percent increase in production while its three closest competitors all reported double-digit gains. Although Wells may be mothballing some firepower by shutting down its wholesale broker business, the company was...[Includes two data charts]

Issuance of new non-mortgage ABS jumped 16.3 percent from the first quarter of 2012 to the second, with big gains in credit card and student loan securitization, according to a new market analysis and ranking by Inside MBS & ABS. A total of $48.01 billion of non-mortgage ABS were issued during the second quarter, the market’s biggest three-month output since the third quarter of 2009. It brought year-to-date issuance to $89.28 billion, up 19.6 percent from the first six months of 2011. Credit card issuance more than tripled from the first quarter, surging...[Includes three data charts]

Securitization representatives are forcefully pushing back against a proposal under review by three jurisdictions in California to use eminent domain to seize performing, underwater mortgages out of non-agency MBS pools, renegotiate them on terms more favorable to the borrowers, and repackage and sell them off to another group of private investors. Last Friday, a joint powers authority created by San Bernardino County and two of its cities, Ontario and Fontana, formally convened for the first time for an organizational meeting. Two groups that represent the securitization industry, the American Securitization Forum and the Securities Industry and Financial Markets Association, expressed their opposition during the meeting. The ASF said that “this inappropriate use of government power,” which is based on a plan by San Francisco-based Mortgage Resolution Partners, a private investment firm, was “designed...

Alleged manipulation of the London Interbank Offered Rate could have had a significant impact on investments in MBS and ABS, according to industry analysts. However, three weeks after Barclays Bank reached a settlement with regulators on LIBOR manipulation, major securities investors have yet to voice concerns about potential losses tied to the interest rate benchmark. Tom Deutsch, executive director of the American Securitization Forum, said he has not heard any “hubbub” from investors thus far about the impact of potential LIBOR manipulation. The Securities Industry and Financial Markets Association, the Association of Mortgage Investors and the Association of Institutional Investors did not reply to requests for comment on the issue. Laurie Goodman, a senior managing director at Amherst Securities Group, said it is unknown...

Bank of America shareholders may proceed with their securities fraud lawsuit which claims that BofA concealed its potential problems with the Mortgage Electronic Registration System, exposing investors to risky mortgage securities, a federal judge ruled last week. However, U.S. District Judge William Pauley of the Southern District of New York determined that the shareholders, led by the Pennsylvania Public School Employees’ Retirement System, can move forward only against the company itself and not against BofA executives. The investors filed suit in September 2011 alleging they had been misled into...