Both Fannie Mae and Freddie Mac continued to shrink their mortgage portfolios as required by government regulators during the first quarter of 2011 even as the two government-sponsored enterprises posted dramatically different earnings reports for the first three months of the year. Under the terms of the purchase agreement with the Treasury Department and under Federal Housing Finance Agency regulation, both Fannie and Freddie’s mortgage-related investments portfolio are subject to a cap that decreases by 10 percent each year until each portfolio reaches $250 billion. By Dec. 31, 2011, neither company will be able to hold an unpaid principal balance for mortgage-related investments that exceeds $729 billion. “FHFA has stated that we will not be a substantial buyer or seller of mortgages for... [Includes one data chart]

The Securities and Exchange Commission is reportedly looking into the securitization and put-back practices of Credit Suisse and JPMorgan Chase in connection with alleged recoveries from defective mortgages repurchased by originators from securitization trusts. Credit Suisse confirmed to Inside MBS & ABS a disclosure made by bond insurer MBIA Insurance Corp. that the Zurich-based bank had received a subpoena from the SEC seeking data on repurchases of certain defective loans. The disclosure was made in a lawsuit against three Credit Suisse units – Credit Suisse Securities, DLJ Mortgage Capital, Inc. and Select Portfolio Servicing – which MBIA filed with the New York State Supreme Court on April 29. The suit seeks to compel Credit Suisse to turn over data which MBIA believes would bolster its fraud and breach-of-contract claims against...

&PTop rating agencies continue to have different requirements for issuers to obtain the most favorable ratings on certain transactions, including the all-important criterion of credit enhancement. The latest manifestation of this dynamic involved a recent $1.45 billion servicer advance receivable transaction by American Home Mortgage Servicing Inc., a deal that passed muster with DBRS and Standard & Poor’s. But AHMS withdrew the deal from consideration at Fitch Ratings because of that company’s more conservative rating criteria. DBRS and S gave most components of the transaction a triple-A rating. That included two $325 million senior term notes and a $600 million senior variable funding note. The deal included subordinate term notes of $150 million and $50 million. The primary assets of...

The requirement from last year’s landmark financial services legislation that MBS issuers retain some of the risk associated with residential mortgages will raise the costs of securitizing them to prohibitive levels, discouraging the return of private capital and maintaining the market’s dependence on Fannie Mae and Freddie Mac, industry experts warn. The proposed definition of “qualified residential mortgages” under the terms of the Dodd-Frank Wall Street Reform and Consumer Protection Act was a major focus of concern raised during a webinar last week sponsored by Inside Mortgage Finance. “I think the big-picture news is that certainly the risk-retention regulations do what Dodd-Frank mandates that they do. But in some very important ways they go beyond that...

The battle over the Dodd-Frank-mandated risk-retention rules continues on Capitol Hill, with lawmakers rehashing concerns about either the detrimental or beneficial effects the proposed rule may have on the market. The Dodd-Frank Act required federal regulators to come up with a definition of “qualified residential mortgages” that would be exempt from a 5 percent risk-retention requirement when securitized. During a hearing this week in the House Oversight Subcommittee on TARP, Financial Services and Bailouts of Public and Private Programs, Republican lawmakers argued that transparency is a better solution to restoring investor confidence and reviving the non-agency MBS market. But according to Rep. Elijah Cummings, D-MD, lenders shouldn’t be let off the hook, and the risk-retention rules do furnish necessary...

Bill Beckmann, a former top official at CitiMortgage, has been named as the new president and CEO of Mortgage Electronic Registration Systems and its parent entity, MERSCORP. Beckmann is leaving behind his private consulting firm to join the company. Previously, he was chairman and CEO of CitiMortgage where he had responsibility for strategy, sales, operations, capital markets, and regulation/compliance. Before that, he was president of Citigroup’s real estate servicing and technology group, providing customer service, technology and default…

A handful of high-profile developments on the representations and warranties front over the last few months is prompting non-agency investors to contemplate whether they should start pricing in the benefits associated from repurchases. A few weeks ago, Bank of America and mortgage insurer Assured Guaranty reached a...

The Treasury Market Practices Group wants to improve efficiency in the agency MBS market by imposing charges for failure to complete transactions. “The TMPG is proposing fails charges in the agency debt and agency MBS markets in order to reduce the incidence of delivery failures in the market,” said Tom Wipf, chair of...

The city of Los Angeles on Wednesday filed a civil lawsuit against Deutsche Bank and its subsidiaries for failing to maintain the properties of loans that were pooled in non-agency MBS for which the company served as trustee. City Attorney Carmen Trutanich filed the over 200-page complaint, which accused the bank of...

A bill that would create a legislative framework for a covered bond market in the U.S. cleared a House subcommittee with bipartisan support this week following some fine tuning by its sponsors to address concerns raised by critics and regulators. The House Financial Services Subcommittee on Capital Markets and...