A handful of recent and current U.S., European and international regulatory efforts “pose a serious threat to securitization as a critical source of funding for the real economy,” especially when taken together, a top securitization official told lawmakers in Washington, DC, this week. Testifying before the House Financial Services Subcommittee on Capital Markets and Government-Sponsored Enterprises, Richard Johns, executive director of the Structured Finance Industry Group, took on a handful of the industry’s most problematic regulatory initiatives. Among them were the liquidity ratio rules that U.S. regulators implemented in late 2014, and the new Basel III capital rules that were adopted by the Basel Committee on Banking Supervision. He also addressed...

Fannie Mae and Freddie Mac continued to trim their retained investment portfolios in late 2015 with most of the focus on shrinking their non-agency MBS and holdings of their own securities. Freddie Mac’s retained mortgage portfolio declined 15.1 percent last year, ending at $346.91 billion, safely below the $359.3 billion cap set by the Federal Housing Finance Agency. The government-sponsored enterprise reduced its non-agency MBS holdings by $25.60 billion, or 38.8 percent, from its yearend 2014 level. While that included hefty declines in both subprime and Alt A MBS, the biggest decline, 41.3 percent, was...[Includes one data table]

Fannie Mae has been actively buying delinquent mortgages out of MBS trusts and plans to eventually issue securities collateralized by the loans, said Timothy Mayopoulos, CEO of the government-sponsored enterprise. During a recent earnings call and question-and-answer period with the press, the CEO noted that the GSE has bought a “substantial” number of mortgages out of trusts with the goal of making them performing again. “Over the next year or two,” Fannie will...

Disclosure requirements for publicly-registered ABS have prompted fewer investor-friendly changes than might have been expected, according to analysts at Moody’s Investors Service. The Securities and Exchange Commission adopted the so-called Regulation AB2 disclosure rule in August 2014 and a number of issuers have filed Form SF-3 registration statements in compliance with the rule. “Very few issuers have provided additional collateral and/or performance information beyond the data they were already disclosing prior to SF-3 registration statement requirements,” Moody’s said of auto ABS issuers. The rating service said...

It’s no secret that the secondary market for TRID “scratch-and-dent” loans has blossomed the past few weeks – albeit at niche levels – but dealmakers are now trying to figure out how much longer it can last and whether more buyers will step up. To date, Mid America Mortgage Corp., Addison, TX, appears to be the predominant purchaser of the product, which is being offered by at least three firms: Mortgage Delivery Specialists, Rincon Loan Trading and Spurs Capital. Jeffrey Bode, president, CEO and owner of Mid America, told...

The California Supreme Court late last week issued a ruling in a case where a borrower challenged the foreclosure of a loan that was included in a non-agency MBS issued in 2007. The court allowed the borrower’s claims to proceed, which could prompt a significant increase in foreclosure-related litigation for California mortgages in non-agency MBS. An opinion authored by Kathryn Werdegar, an associate justice of the California Supreme Court, stresses that the court’s ruling in Yvanova v. New Century Mortgage is narrow. “We hold only that a borrower who has suffered a non-judicial foreclosure does not lack standing to sue for wrongful foreclosure based on an allegedly void assignment merely because he or she was in default on the loan and was not a party to the challenged assignment,” Werdegar said. The ruling left...

The unexpected decline in mortgage rates this year has moved a significant portion of the agency MBS market into the zone where it’s worthwhile for borrowers to refinance, according to a new analysis of agency MBS data by Inside MBS & ABS. As of the end of December, some 24.4 percent of loans backing Fannie Mae, Freddie Mac and Ginnie Mae MBS had mortgage rates ranging from 4.01 percent to 4.50 percent. Altogether, $1.500 trillion of existing single-family mortgages were in that bucket. According to Inside Mortgage Finance, the average offering rate for 30-year fixed-rate conventional mortgages this week was...[Includes one data table]

Last week, the Securities and Exchange Commission provided new guidance, in a question and answer format, about certain programming changes to its online disclosure system that have been made to support recently adopted revisions to Regulation AB and new Exchange Act Rule 15Ga-2. More specifically, the guidance covers the procedures that a filer must use in the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system that enable it to file a preliminary prospectus and to furnish Form ABS-15G, along with accompanying tables and third party due-diligence reports. It also addresses...

Many issuers of jumbo mortgage-backed securities appear to have pulled back from the market due to weak demand from investors. Thus far in 2016, only two jumbo MBS have been issued. At the same point in 2015, eight jumbo deals had been issued. Hatteras Financial issued its first jumbo MBS in December. Last week, officials said the real estate investment trust will reduce its capital allocation to jumbo securitization business this year. “Until the yield curve steepens and ...

One of those GSE watchers is Bose George of Keefe, Bruyette & Woods, who told us: “I see no reason for the administration to negotiate in any meaningful way with the plaintiffs..."