The Internal Revenue Service recently provided guidance to an MBS trustee and master servicer confirming that a settlement with investors was compliant with requirements for real estate mortgage investment conduits. While Private Letter Ruling 201601005 applies only to the unidentified parties that sought the guidance from the IRS, industry attorneys suggest that the letter could be useful when structuring settlements with MBS investors. The letter was released ...

When the Federal Reserve hiked short-term rates back in mid-December, mortgage rates were expected to increase as well and keep heading north in the new year. But thanks to deep concerns about economic growth in China – not to mention plunging oil prices – all bets are now off. This past week, the price on the benchmark Fannie Mae 3.5 percent security increased by 44 basis points, according to figures compiled by MBS Quoteline. As Inside MBS & ABS went to press ...

By now the word is out: Certain unnamed secondary market investors are turning away mortgages because of compliance errors, expressing the opinion they do not want to be on the “liability hook” for any origination errors under the new integrated disclosure rule known as TRID. The Mortgage Bankers Association recently singled out a jumbo investor that’s been rejecting 100 percent of the loans offered by originators. The trade group declined to identify the investor, but other ...

Industry analysts project that the volume of collateralized loan obligations issued this year will decline compared with 2015 because of regulatory and other factors. Among projections for various MBS and ABS asset types by Standard & Poor’s, CLOs are the only securities expected to see a decline in volume in 2016 compared with last year. CLOs differ from many other structured finance products in that they involve a special purpose issuer that acquires a portfolio of commercial loans ...

Entities growing their purchase mortgage and MBS portfolios may be affected by a new accounting model for recognizing credit impairment, the second leg of the Financial Accounting Standards Board’s long-term financial instruments project. The Mortgage Bankers Association expects a release date either towards the end of the first quarter of 2016 or in the second quarter, barring unforeseen changes. “I have not seen transition rules exposed yet, but I suspect that there will be ...

Interest in the single-family rental market has increased since being introduced as a viable asset classes several years ago, but some say further growth may depend on the sector’s ability to significantly improve operating efficiencies. There have been 27 single-family rental securitizations to date. In 2015, issuance of single-family rental deals was $6.72 billion, up from $6.61 billion a year earlier, according to Morningstar Credit Ratings. Although capital expenses were higher than ...

A new statutory exemption for private resales of ABS and MBS imposes certain requirements that issuers may find difficult to meet, according to securities compliance experts. The provision is part of the “Fixing America’s Surface Transportation Act” (FAST Act), which President Obama signed on Dec. 4, 2015. Although aimed primarily at authorizing spending on highway and transit projects, the new law includes several provisions intended, among other things, to facilitate ...

Legacy non-agency MBS issued before the financial market collapse in 2008 continue to spawn millions in lawsuits. In the Southern District of New York, Commerzbank AG, as an RMBS investor, recently sued Deutsche Bank, HSBC, Wells Fargo and the Bank of New York Mellon in their capacities as MBS trustees on deals that inflicted approximately $1.88 billion in losses on the German bank. Commerzbank claimed it suffered $750 million in losses related to BNYM’s alleged failures ...

The non-agency mortgage-backed security market could be revived this year by economic factors rather than efforts by Congress or industry participants, according to analysts. The non-agency share of mortgage originations has been relatively strong in recent years, but the loans were largely held in bank portfolios instead of included in non-agency MBS. Legislative reform of the government-sponsored enterprises and potential incentives for non-agency MBS issuance look ...

The Federal Housing Finance Agency published a final rule this week that will prevent real estate investment trusts from gaining access to financing from the Federal Home Loan Bank system via captive insurance companies. REITs are not allowed direct membership in an FHLBank. However, in recent years a number of REITs have formed captive insurance companies that were granted FHLBank membership because insurance companies were allowed to ...