The securitization industry is largely supportive of fails-charge recommendations by the Treasury Markets Practice Group to help reduce fails in the agency debt securities and agency MBS markets, but did offer a number of “constructive considerations” for the group to review. The Securities Industry and Financial Markets Association told the TMPG, an advisory group of market representatives sponsored by the Federal Reserve Bank of New York, that its members share concerns about elevated levels of settlement fails in MBS markets, which the TMPG is trying to address in the recommendations it released in late April. “SIFMA members agree that...

The challenges confronting the recovery of the non-agency MBS market are many, but legacy issues, such as representations and warranties, are the cause of huge frustration in the industry, according to panelists at the American Securitization Forum this week. “Some of these legacy issues have very far-reaching tentacles,” observed Mani Sabapathi, principal at Prudential Fixed Income. The housing finance world has been bracing for the coming risk-retention rule with great apprehension, he said, raising the possibility that reps and warrants could be included as a part of it. “I think it can be an important aspect to the extent that if you have these loans that don’t meet...

Lawmakers on the House Financial Services Committee this week approved by a wide bipartisan margin a bill that would create the legislative framework for a covered bond market in the U.S., but not before some haggling regarding the role of the federal regulators. The committee voted 44-7 in favor of H.R. 940, the U.S. Covered Bond Act of 2011, clearing the way for the bill’s consideration by the full House of Representatives. Rep. Scott Garrett, R-NJ, chairman of the House Financial Services Subcommittee on Capital Markets and Government-Sponsored Enterprises, said H.R. 940 sets up “legal certainty” that is a core element of...

There is a huge disconnect between some members of Congress and the reality of the private market, that broad investor appetite for non-agency mortgage-backed securities is unlikely to rebound anytime soon, according to panelists at the American Securitization Forum annual conference. “Once you figure out how to get the government sector out of the market, [the belief is that] the private sector will step in and pick up all of that slack, and therefore they will do...

Ginnie Mae has raised the servicing fee compensation for its Home Equity Conversion Mortgage-Backed Securities (HMBS) program. Currently issuers receive either a flat 6-to-75 basis points monthly servicing fee or a 25-75 bps servicing fee based on a portion of the mortgage interest rate. Effective for HMBS with an issue date on or after July 1, 2011, issuers must select a servicing fee margin of at least 36 bps and not exceeding ...

The Federal Reserve’s continued sale of non-agency mortgage-backed securities from the $31.2 billion Maiden Lane II portfolio is decreasing prices on subprime MBS, according to industry analysts. Investors are being urged to buy vintage subprime MBS now as prices on the assets appear to be hitting bottom. Prices on subprime MBS have dropped by as much as 21.0 percent since mid-February, according to the ABX index. The bulk of the decline has occurred since early April, largely for 2006 and 2007 vintages. “There are some reasons to believe we are at or approaching the...

Stated-income lending, once a staple of the non-agency market, has not disappeared completely. A few portfolio lenders currently offer the loans, largely to wealthy borrowers looking for jumbo mortgages.In 2006, 54.6 percent of mortgages in non-agency mortgage-backed securities were originated based on alternative, stated or no documentation, according to the Inside Mortgage Finance MBS Database. The mortgages generally performed extremely poorly as borrower income was often overstated. However, private wealth lenders – including California-based...

With fears that too few qualified residential mortgages will be originated to support a strong securitization market, the American Securitization Forum proposed that mortgage-backed securities should be allowed to include a blend of QRMs and non-QRMs. MBS issuers also called for loosened underwriting requirements for certain non-QRMs.The proposal was included in the ASF’s comment letter to federal regulators regarding proposed risk-retention rules. Comments were initially due last week but federal regulators recently extended...

Most observers have focused on the impact the proposed risk-retention rule would have on non-agency MBS, but key industry groups say the proposed rule attempts to “fix” what isn’t broken – the relatively trouble-free non-mortgage ABS market. “If the risk-retention rules are not appropriately designed to accommodate existing market prac-tices, we risk an immediate and significant reduction in the availability of auto loans, student loans, credit cards and business credit throughout our country without gaining...

Much of the confusion in the foreclosure mess – and the resulting litigation – stems from a blurring of two distinct issues, the validity of the original transfer of ownership of the mortgage and the promis-sory note, and defects in the foreclosure process, according to a top industry legal expert. “There’s been a co-mingling of two distinct issues, and I think what we find is that the issues...